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HomeMy WebLinkAboutComm No 0048 - Transmit CA-30Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson 2018-2020 HAWAII COUNTY CHARTER COMMISSION Date: April 12, 2019 To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Akane Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer RE: Transmitting CA -30; Proposed Amendment to Section 14-5; Submitted by Commissioner Adams Please find attached CA -30, which proposes to amend Section 14-5 of the Hawai`i County Charter (2018 Edition) by adding language providing that the Board of Ethics may impose civil fines for violations of the Code of Ethics, as prescribed by ordinance of the County Council. CA -30 will be placed on the April 25, 2019, meeting agenda for its initial consideration and approval prior to first reading. Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 48 PROPOSAL NO. CA -30 (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: ADAMS 2. If applicable, list the charter provision(s) to be deleted or amended: Amend Section 14-5. 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: The proposed amendment addresses staggered terms, removes transitional phrasing, clarifies the force and effect of law of board rules of procedure, as well as the capacity to impose fines established by ordinance. The Board of Ethics provided support for several aspects of the proposed amendment. (Comm. 7.9). 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. See reverse side Form CA -1 Revised 8/29/18 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 2 of 2 Hawaii County Charter Proposal --text Amend Section 14-5 to read: "Section 14-5. Board of Ethics. There shall be a board of ethics appointed by the mayor with the approval of the council. It shall consist of five members who shall be residents of the county. Members [€ffe-li] shall serve [for a term] staggered terms of five years. [Upon the initial appointment of term of two years, one for a term of three years, one for a term of four years and one for a term of five years.] The board shall adopt [establish] its rules of procedure]-], having the force and effect of law, as shall be necessary to provide for the enforcement of the code of ethics. Q Without limitation of its functions, the board shall: [(a)]j Interpret the code of ethics for both county officials and the public and on its own may initiate and render opinions with respect thereto. [()]g) Render advisory opinions to county officers and employees with respect to the code of ethics pursuant to written requests by officers and employees. [(e)]11) Receive and initiate complaints of violations of the code of ethics and transmit such complaints to the council or the appropriate appointing authority, along with any pertinent advisory or formal opinions thereto. [(d)]�4,) Hold hearings or conduct investigations concerning application of the code of ethics and make public such violations of the code that come to its attention. [(e)]i5,) Publish advisory opinions with such deletions as may be necessary to prevent disclosure of identity of persons involved where such opinions are rendered pursuant to [:;ubscction (b)] paragraph (2) above. [()]f) Propose revisions to the code of ethics where not inconsistent with this charter. (c) The board may impose civil fines for violations of the code of ethics, as prescribed by ordinance."