HomeMy WebLinkAboutGift Disclosure Form - Instructions
INSTRUCTIONS FOR FILING GIFTS DISCLOSURE FORM
WHO SHOULD FILE THIS FORM
The Hawai'i County Ethics Code, § 2-91.5 of the Hawai'i County C
you to file a gifts disclosure statement if you are a County employee, or County board or
commission member, and if all of the following conditions are met:
When To
(1)During the period covered by the gifts disclosure statement (see
File
below), you or your spouse or your dependent child receives, directly
or indirectly, from one source: (a) any gift valued in excess of $100, or (b)
two or more gifts whose combined value is in excess of $100. Th
applies to all gifts, including a gift in the form of money, service, or
goods, or in any other form.
(2)The source of the gift or gifts has interests that may be affected by official
action that you take in your County capacity. ÐOfficial actionÑ means a
decision recommendation, approval, disapproval, or other action,
including inaction, which involves discretionary authority.
(3)The gift is not exempted by law from the reporting requirements. See
Exempted Gifts
below.
If all of the above conditions are met, you must file a gifts disclosure statement
with the Hawai'i County Ethics Board.
EXEMPTED GIFTS
You do not have to report the following gifts, which are exempted by law from
the reporting requirements:
(1)Gifts received by will or intestate succession;
(2)Gifts received by distribution of any inter vivos or testamentary trust
established by a spouse or ancestor;
(3)Gifts from a spouse, fiancé or fiancée, any relative within four
consanguinity, or the spouse, fiancé or fiancée of such a relative. A gift
from any such person is a reportable gift if the person is acting as an agent
or intermediary for someone who is not covered by this paragraph
purposes of this paragraph, relatives Ðwithin four degrees of
consanguinityÑ include the following: Your parents, grandparents, and
great grandparents; your children grandchildren, and great-grand children;
your brothers/sisters, uncles/aunts, great uncles/aunts, nephews/nieces,
grand nephews/nieces, and first cousins;]
(4)Political campaign contributions that comply with state law:
(5)Anything that is available to, or distributed to, the public generally without
regard to the official status of the recipient;
(6)Gifts that, within 30 days after receipt, are returned to the giver or
delivered to a public body or to a bona fide educational or charitable
organization without the donation being claimed as charitable contribution
for tax purposes; and
(7)Exchanges of approximately equal value on holidays, birthdays, or special
occasions.
WHEN TO FILE
June 30
Gifts disclosure statements must be filed by of each year. [Each report
covers gifts received during the period from June 1 of the preceding calendar year
through June 1 of the year of the report. Council members must file gift disclosures for
the period of June 1, 2002 to June 1, 2003. Employees and Board
members must file from September 12, 2002 (the effective date of Bill 305) to June 1,
2003.]
WHERE TO FILE
By mail orHawai'i County Ethics Board
Personal delivery:101 Aupuni Street, Suite 325
Hilo, HI 96720
INSTRUCTIONS FOR COMPLETING THE GIFTS DISCLOSURE
STATEMENT FORM
A filer must provide the following information on his or her gifts disclosure
statement:
Donor
(1). The name of each person, business entity, or organization from whom, or
on behalf of whom, a gift was received by the filer, the filerÓs
dependent child.
Description of gift
(2). A description of each gift that the filer, the filerÓs spouse or
dependent child received.
Date received
(3). The date on which each gift was received.
Gift value
(4). A good faith estimate of the fair market value of each gift.
Aggregate value
(5). This item applies only if the filer, the filerÓs spouse or
dependent child receive more than one gift from the same donor during the
reporting period. The filer must report the value of each gift received (under Item
AND
No. 4, above) the filer must also report the aggregate or combined value of
the gifts (under this Item No. 5). The aggregate value of gifts from the same
donor need only be entered once on the form. (See sample gifts
statement form.) Please note that if only one gift was received from a donor, no
aggregate value need be reported.
PUBLIC RECORDS
Gifts disclosure statements that are filed with the Hawai'i County Ethics Board
are public records and are available for public inspection.
FAILURE TO FILE
Failure of an employee, officer, or board or commission member to file a gifts
disclosure statement as required by the Hawai'i County Ethics Code constitutes a
violation of the code. Employees who violate the code may be reprimanded, put on
probation, demoted, suspended, or discharged from county office.
APPLICABILITY OF GIFTS LAW, § 2-91.4, Hawai'i County Code
Section 2-91.4, Hawai'i County Code, prohibits an employee, officer or board or
commission member from accepting any gift under circumstances in which it can
reasonably be inferred that the gift is intended to influence or reward official action. The
gifts disclosure law should not be interpreted to automatically allow gifts of a value less
than $100. Nor should the gifts disclosure law be interpreted to automatically allow gifts
that are reported on a gifts disclosure statement. Questions re
gift, should be directed to the Hawai'i County Ethics Board prior to acceptance.
QUESTIONS ABOUT GIFTS DISCLOSURE LAW OR GIFTS LAW
Persons with questions about the gifts disclosure statement, the gifts disclosure
law, or about the gifts law, should contact the Hawai'i County Ethics Board at 961-8251.
s:b&c\BOE\Gifts Disclosure Instructions and Form 10-02 PKOpc.wpd