Articles:
1. Temporary Vacancies on Boards, Commissions and Committees
2. Commission on Culture and the Arts
3. Oahu Committee on Children and Youth
4. Poundmasters
5. Animal Control
6. Ethics Commission
7. Salary Commission
8. Additional Standards of Conduct
9. Appointment on Boards, Commissions and Committees
10. Oahu Historic Preservation Commission
11. Transportation Commission
12. Sunshine Law Training
13. Registration of Lobbyists
14 . Ethics Board of Appeals
Article 1. Temporary Vacancies on Boards, Commissions and Committees
Sections:
3-1.1 Purpose.
3-1.2 Filling of temporary vacancies.
3-1.3 When confirmation necessary by council.
3-1.4 Termination of appointment.
3-1.5 Temporary appointments to attain quorum for contested case hearings.
3-1. 6 Inapplicability.
Sec. 3-1.1 Purpose.
This article is enacted pursuant to the Revised Charter of Honolulu, Section 13-103
(e), which provides that temporary vacancies on boards, commissions and committees shall be
filled by the mayor as provided by ordinance. (Sec. 3-1.1, R.O. 1978 (1983
Ed.))
Sec. 3-1.2 Filling of temporary vacancies.
(a) The mayor is authorized to fill subject to council approval temporary vacancies on
boards, commissions or committees for which the mayor has been initially authorized by
charter, law or ordinance to make an original appointment on boards, commissions or
committees when a regularly appointed member of a board, commission or committee is
ill, incapacitated, out of state or when such office becomes temporarily vacant for
any other reason.
(b) Whenever the mayor fills a temporary vacancy on boards, commissions or committees for
less than 120 calendar days, no confirmation by council is necessary.
(c) The mayor's written request for approval to fill a temporary vacancy of less
than 120 calendar days shall include effective date of appointment, effective date of
termination and reasons for appointment.
(d) No Reappointment Permitted. The mayor shall not reappoint the same temporary appointee who
has been appointed to fill a temporary vacancy on boards, commissions or committees
for less than 120 calendar days on the same board, commission or committee
upon the expiration of the initial 120 calendar days.
(e) This section shall not apply to temporary appointments made pursuant to Section 3-1.5.
(Sec. 3-1.2, R.O. 1978 (1983 Ed.); Am. Ord. 08-6)
Sec. 3-1.3 When confirmation necessary by council.
(a) Filling of Temporary Vacancies in Excess of 120 Calendar Days. The mayor is
authorized to fill temporary vacancies on boards, commissions or committees for which the
mayor has been initially authorized by charter, law or ordinance to make an
original appointment on boards, commissions or committees when a regularly appointed member of
a board, commission or committee is ill, incapacitated, out of state or when
such office becomes temporarily vacant for any other reason in excess of 120
calendar days; provided, such temporary appointee shall be subject to confirmation by the
council as provided in Revised Charter of Honolulu Section 3-107.9 (public hearing).
(b) No Reappointment. The mayor shall not reappoint the same temporary appointee who has
been appointed to fill a temporary vacancy on boards, commissions or committees in
excess of 120 calendar days on the same boards, commissions or committees upon
the expiration of the initial temporary appointment.
(c) Date of Termination. In any message from the mayor stating that the temporary
vacancy is to be filled in excess of 120 calendar days, the mayor
shall state the date of termination of such appointment.
(d) No Confirmation of Council Necessary -- When. When the mayor fills a temporary vacancy
on boards, commissions or committees pursuant to the provisions of this section, no
confirmation by the council is necessary where the charter does not require confirmation
by the council of original appointees of the mayor on such boards, commissions
or committees.
(Sec. 3-1.3, R.O. 1978 (1983 Ed.))
Sec. 3-1.4 Termination of appointment.
All appointments, with the exception of the temporary appointments made under Section 3-1.5,
shall terminate on the date noted on the mayor's letter of appointment. (Sec.
3-1.4, R.O. 1978 (1983 Ed.); Am. Ord. 08-6)
Sec. 3-1. 5 Temporary appointments to attain quorum for contested case hearings.
(a) When a board lacks a quorum to adjudicate a specific contested case due
to the recusal or disqualification of one or more regularly appointed members, the
mayor may make temporary appointments to the board. For the purposes of this
section, “board” means any board, commission or committee that has the power to
conduct a contested case as defined in HRS Chapter 91.
(b) The number of temporary appointments the mayor may make to the board shall
not exceed the minimum number of members necessary to constitute a quorum to
adjudicate the specific contested case.
(c) Any temporary appointee appointed pursuant to this section shall substitute for and have
the qualifications, experience and training as required of the member who has been
disqualified or recused from the contested case proceeding.
(d) The appointment of a temporary appointee under this section shall be limited to
the duration of the specific contested case proceeding and shall terminate upon the
adoption of the final decision and order in the contested case by the
board.
(e) Temporary appointments made pursuant to this section shall not be subject to confirmation
by the council.
(f) The mayor shall give written notice to the council when temporary appointments are
made pursuant to this section. Such notice shall identify the contested case, the
effective date of appointment, and reasons for appointment.
(Added by Ord. 08-6)
Sec. 3-1. 6 Inapplicability.
(a) This article shall not apply to temporary appointments on boards, commissions or committees
for which the mayor is not required by law, charter, ordinance or rules
to have either the council's approval or confirmation.
(b) This article also shall not apply to the transportation commission established under Revised
Charter Section 6-1704.
(Sec. 3-1.5, R.O. 1978 (1983 Ed.); Am. Ord. 97-02, 08-6)
Article 2. Commission on Culture and the Arts
Sections:
3-2.1 Definitions.
3-2.2 Creation.
3-2.3 Rules--Meetings.
3-2.4 Objectives, powers, duties and functions.
3-2.5 Compensation.
3-2.6 Administrative services.
3-2.7 Art in city buildings.
3-2.8 Art inspection, inventory and maintenance.
Sec. 3-2.1 Definitions.
The following terms whenever used in this article shall have the following respective
meanings:
"Arts" means and includes music, dance, painting, drawing, sculpture, architecture, drama, poetry, prose,
crafts, industrial design, interior design, fashion design, photography, television, motion picture art and
all other creative activity of imagination and beauty.
"Commission" means the commission on culture and the arts established pursuant to Section
3-2.2.
"Culture" means and includes the arts, customs, traditions and mores of all of
the various ethnic groups of Hawaii. (Sec. 3-3.1, R.O. 1978 (1983 Ed.); Am.
Ord. 95-68)
Sec. 3-2.2 Creation.
(a) There shall be a commission on culture and the arts consisting of 11
members, excluding ex-officio members, who shall be appointed by the mayor with the
approval of the council. There shall be one member for each of the
below-listed categories, except for the category drawing, painting, printmaking and sculpture which shall
have two members:
(1) Design: graphic, industrial, visual;
(2) Urban design: architecture, landscape architecture and interior design;
(3) Drawing, painting, printmaking and sculpture;
(4) Crafts: ceramics, weaving, woodworking, etc.;
(5) Music: contemporary and classical;
(6) Theater arts: drama;
(7) Dance;
(8) Multi-media: cinematography, photography, television;
(9) Literature: prose, poetry;
(10) At large.
(b) Each member of the commission shall be appropriately qualified to fulfill the roles
of the commission within each member's respective category. Of the members originally appointed
two shall serve for a term of one year, three for a term
of two years, two for a term of three years, two for a
term of four years and two for a term of five years. Thereafter,
each member shall be appointed for a term expiring five years from the
date of expiration of the term of the member's predecessor, or in the
case of a vacancy for the remainder of the unexpired term. Each member
shall serve until the member's successor has been appointed and qualified. The commission
shall annually select a chair and a vice-chair from its members, whose duties
shall be as set forth in this article and in the rules adopted
by the commission.
(Sec. 3-3.2, R.O. 1978 (1983 Ed.))
Sec. 3-2.3 Rules--Meetings.
The commission shall adopt the necessary procedural rules which will enable it to
conduct its business and to carry out its powers, duties and functions. Meetings
of the commission shall be held at the call of the chair but
at least once each calendar quarter. Six members shall constitute a quorum and
the affirmative vote of a majority of members present at such meeting, a
quorum being present, shall be necessary to take any action. (Sec. 3-3.3, R.O.
1978 (1983 Ed.))
Sec. 3-2.4 Objectives, powers, duties and functions.
The objectives of the commission shall be to assist the city in attaining
national preeminence in culture and the arts, to assist the city in the
preservation of the artistic and cultural heritages of all its people, to promote
a community environment which provides equal and abundant opportunity for exposure to culture
and the arts in all its forms and to encourage and provide equal
opportunity for the development of cultural and artistic talents of the people of
Honolulu. In the furtherance of these objectives, the commission shall have the following
powers, duties and functions:
(a) The commission shall decide on and purchase the specific works of art to
be acquired under Section 3-2.7. In doing so, the commission shall be responsible
for the evaluation, selection, commissioning of artists, reviewing of design, reviewing implementation and
works in progress, purchasing of works of art not specifically commissioned by the
commission, and placement of art in city buildings and facilities. In performing this
function, the commission shall consult with the affected agencies and departments.
In addition, the commission shall determine the acceptability of works of art offered
as gifts to the city. If monetary gifts are made to the city
for the acquisition of works of art pursuant to Revised Charter Section 13-113,
the commission shall be responsible for the acquisition of such works of art.
(b) In the area of community aesthetics the commission shall review the architectural, landscape
and interior design of all planned and existing city buildings, grounds and facilities
and make recommendations to the executive and legislative branches of the city with
respect to the establishment of aesthetic standards.
(c) In the development of the city's program for the preservation, advancement and dissemination
of culture and the arts to its citizens, the commission shall make recommendations
and submit proposals to the various branches, departments, agencies and offices of the
city with respect to the formulation of new arts and culture programs and
the expansion of existing programs.
(Sec. 3-3.4, R.O. 1978 (1983 Ed.); Am. Ord. 95-68)
Sec. 3-2.5 Compensation.
The members of the commission shall receive no compensation but shall be entitled
to reimbursement of expenses incurred by them in the performance of their duties.
(Sec. 3-3.5, R.O. 1978 (1983 Ed.))
Sec. 3-2.6 Administrative services.
(a) The commission shall be attached to the office of the mayor for administrative
purposes and the mayor shall cause employees of the mayor's office to furnish
such services as may be needed by the commission. The mayor shall designate
an employee of the city to serve as coordinator and provide liaison between
the commission and the various agencies, departments and offices of the city.
(b) In addition to the coordinator, the following officials, or their designated representatives, shall
attend and participate ex officio in all meetings of the commission:
(1) The director of the department of community and social resources;
(2) The director of the department of parks and recreation;
(3) The building superintendent;
(4) The auditoriums director; and
(5) The Royal Hawaiian bandmaster.
The ex officio representatives shall have no vote in proposed actions of the
commission.
Sec. 3-3.6, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 97-17)
Sec. 3-2.7 Art in city buildings.
(a) An amount equal to not less than one percent of the construction phase
appropriation for the original construction of any city building shall be appropriated to
the commission for the acquisition of works of art. The monies shall be
used solely for the following purposes:
(1) Costs related to the acquisition of works of art, including the commissioning of
artists and the purchase of art work;
(2) Site modifications, display, and interpretive work necessary for the exhibition of works of
art;
(3) Upkeep services, including maintenance, repair, and restoration of works of art; and
(4) Storing and transporting works of art.
(b) Notwithstanding the foregoing limitation on the amount of the appropriation for acquisition of
works of art, an amount in excess of one percent may be set
aside upon recommendation of the commission and with the concurrence of the council.
If the amount shall not be required in total or in part for
any project, the unrequired amounts may be accumulated and expended for the purposes
specified in subsection (a).
(c) (1) The commission shall consider, unless impracticable, placing the works of art acquired pursuant
to this section in or at the following city buildings listed in their
order of priority: *[* Editor's Note: Ord. 96-52 shall not apply to nonmoveable works of
art that are already on display in or at a city building, or
have been commissioned by the city on or after the effective date of
the ordinance (July 31, 1996), and are intended to be exhibited or displayed
at a particular location. See Sec. 4 of Ord. 96-52.]
(A) In or at the city building to which the one percent funding for
art requirement applies, provided that the building is frequented by the public;
(B) If the city building described in paragraph (A) is not a building frequented
by the public, in or at a city building frequented by the public
that is within close proximity to the building described in paragraph (A);
(C) If neither the city building described in paragraph (A), nor any city building
in close proximity thereto, is frequented by the public, in or at any
other city buildings frequented by the public; and
(D) If it is impracticable to place works of art acquired in accordance with
subsection (a) in any of the city buildings described in paragraphs (A), (B)
or (C), in or at other city buildings.
(2) For the purposes of this subsection:
(A) A work of art shall be deemed to be placed "in or at
a city building" if it is placed in or outside of, as an
integral part of, or attached to the building;
(B) The placement of works of art at a particular building shall be deemed
"impracticable" if the art would be exposed to damage, abnormal wear or threat
of vandalism or theft, if there is no suitable surface at the building
for the display of art, if there already is an adequate number of
works of art displayed at the building, or if for other reasons, the
commission finds that the placement of the art at the particular building would
be inadvisable;
(C) "City buildings that are frequented by the public" include:
(i) Publicly owned buildings, any part of which is routinely visited by the public;
and
(ii) Those portions of privately owned buildings that are leased to city agencies and
routinely visited by the public.
(d) On or about March 1 of each year, the director of finance shall
report to the council the amount of money appropriated for art pursuant to
Section 3-2.7 which lapsed as of December of the immediately preceding calendar year.
Monies which the commission was unable to expend or encumber in the immediately
preceding calendar year for the acquisition of works of art prior to their
lapsing pursuant to Revised Charter Section 9-106.3 may be reappropriated in the capital
budget effective July 1 of the fiscal year next following the lapsing of
such funds.
(Sec. 3-3.7, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 95-68, 96-52)
Sec. 3-2.8 Art inspection, inventory and maintenance.
(a) In order to preserve and account for the city's movable and permanent works
of art, the mayor's designated coordinator and liaison to the commission, henceforth referred
to as the arts coordinator, shall:
(1) Annually inspect and conduct an inventory of such works of art; and
(2) Develop an annual maintenance, preservation and restoration program and budget for the city's
movable and permanent works of art.
The arts coordinator may engage consultants as is necessary to assist in the
performance of these duties.
(b) On or before March 1 of every year, the arts coordinator shall submit
a report to the mayor and the council on:
(1) The results of the annual inspection and inventory;
(2) An annual maintenance, preservation and restoration program, including a description of the program,
its needs and accomplishments; and
(3) The amount of funds budgeted for the upcoming fiscal year for the annual
inspection and inventory, and for the maintenance, preservation and restoration program.
(c) To accomplish the duties provided in this section, the arts coordinator may request
funds through the annual operating budget.
(d) For the purposes of this section, "movable and permanent works of art" means
a work of art, as defined in Section 3-2.1, purchased or otherwise acquired
by the city or made an integral part of a city building.
(Added by Ord. 90-82)
Article 3. Oahu Committee on Children and Youth *
Sections:
3-3.1 Organization.
Sec. 3-3.1 Organization.
There shall be an Oahu committee on children and youth as provided by
law. (Sec. 3-4.1, R.O. 1978 (1983 Ed.))
Article 4. Poundmasters **
Sections:
3-4.1 Appointment.
3-4.2 Acting poundmaster.
3-4.3 Duties--Compensation.
3-4.4 Application for impounding.
3-4.5 Estrays.
3-4.6 Notice and method of pound sales.
3-4.7 Proceeds of sales.
3-4.8 Administrative services.
Sec. 3-4.1 Appointment.
The mayor, with the approval of the council, shall appoint suitable persons as
poundmasters for the city whose term of office shall be coterminous with the
term of the mayor but who shall continue in office until their successors
are duly qualified and appointed, and whose compensation shall be as hereinafter provided.
(Sec. 3-5.1, R.O. 1978 (1983 Ed.))
Sec. 3-4.2 Acting poundmaster.
The mayor may appoint an acting poundmaster to serve during the period in
which any regular poundmaster is temporarily absent from the city, ill or otherwise
unable temporarily to perform the poundmaster's duties as poundmaster. Such acting poundmaster shall
have the same powers and duties as the regular poundmaster. (Sec. 3-5.2, R.O.
1978 (1983 Ed.))
Sec. 3-4.3 Duties--Compensation.
(a) Each poundmaster shall be responsible for the safekeeping and proper care of any
estray committed to the poundmaster's charge.
(b) The poundmaster shall give the estrays a sufficient quantity of food and water,
and any poundmaster who shall abuse or neglect any estray in the poundmaster's
charge, shall forfeit the pound fees to which the poundmaster would otherwise have
been entitled and shall also be liable to the owner thereof for damages.
(c) Each poundmaster shall receive for the poundmaster's services from the owner of such
estray the following fees:
(1) Impounding of Estrays.
(A) Animals Trespassing on Private Property. The owners of such animals shall pay the
poundmaster the fees prescribed in HRS Section 142-70.
(B) Animals Trespassing on Public Highways or Property. The owners of such animals shall
pay the poundmaster the fees prescribed in HRS Section 142-66.
(C) Pound Fees.
(i) Bulls, stallions and boars of breeding age, five dollars for each animal for
each 24-hour period;
(ii) All other estrays, three dollars for each animal for each 24-hour period.
(2) Fees for Transporting Animals to Pound or Back to Owner or Both.
(3) Fees for Transporting Animals Other than to Pound or Back to Owner. The
poundmaster is authorized to negotiate with the owner of the animal for the
fees to transport and to keep animals other than as prescribed in paragraphs
(A) and (B) of this section.
(Sec. 3-5.3, R.O. 1978 (1983 Ed.))
Sec. 3-4.4 Application for impounding.*
No poundmaster shall receive estrays which have trespassed on private property until the
person wishing to impound the same shall have signed such person's name to
a statement setting forth the number and species of estrays, locality trespassed upon,
name of owner or owners of such estrays, if known, together with the
date on which they were taken and the amount of damages claimed. (Sec.
3-5.4, R.O. 1978 (1983 Ed.))
Sec. 3-4.5 Estrays.
If any horse, mule, ass, hog, sheep, goat or cattle shall be found
at large, and not upon the land of the owner or person having
charge of such animal, or if found doing damage to the property of
private individuals, or of the government, such animal shall be regarded as estray
within the meaning of this article. (Sec. 3-5.5, R.O. 1978 (1983 Ed.))
Sec. 3-4.6 Notice and method of pound sales. *
It shall be the duty of every poundmaster to publish a notice in
a newspaper of general circulation in the city as soon as possible after
the expiration of 24 hours from the time of impounding of any estrays
giving a full description of the same together with an announcement of the
day on which it will be sold at public auction if unclaimed, for
which notice the poundmaster shall receive one dollar for each estray included in
the notice plus the cost of publication which shall be assessed pro rata
according to the number of animals advertised therein. The poundmaster shall also forthwith
upon the impounding of any animal, notify in writing any person known to
the poundmaster to be the owner of such animal. For each such notice
the poundmaster shall receive 25 cents. If the owner does not claim such
estray and pay the poundmaster's fees, together with the charges for advertising and
notifying and the damages claimed for trespass and expense of driving or conveying,
within five days from the date of impounding or at any time before
sale, the poundmaster shall sell such estray at public auction to the highest
bidder at two o'clock on the first Saturday afternoon ensuing after the expiration
of the five days aforesaid. (Sec. 3-5.6, R.O. 1978 (1983 Ed.))
Sec. 3-4.7 Proceeds of sales.
The proceeds of such sale after deducting the poundmaster's fees, expenses of advertisement,
expenses of conveying or driving and damages shall be remitted by the poundmaster
to the director of finance and shall be deposited in the general fund.
In case the owner of the estray shall substantiate the owner's claim thereto
within one year, the council may make provision for reimbursement to the owner
of the amount so deposited. (Sec. 3-5.7, R.O. 1978 (1983 Ed.))
Sec. 3-4.8 Administrative services.
The poundmasters shall be attached to the department of parks and recreation for
administrative, fiscal and budgeting purposes and the director of parks and recreation shall
cause employees of the director's department to furnish such administrative, fiscal and budgeting
services as may be needed by the poundmasters from time to time. (Sec.
3-5.8, R.O. 1978 (1983 Ed.))
Article 5. Animal Control
Sections:
3 – 5.1 Definitions.
3 – 5.2 Authorization to issue summons.
3 – 5.3 Expenses incurred--Appropriations.
3 – 5.4 Annual report required.
3 – 5.5 Authorization to impound cats.
Sec. 3 – 5.1 Definitions.
“Animal control contractor” means the duly incorporated humane society or organization formed for
the prevention of cruelty to animals which is contracted by the city to
perform animal control services. (Added by Ord. 02-54)
Sec. 3-5.2 Authorization to issue summons.
Officers of the animal control contractor, having the duty of seizing and impounding
stray dogs pursuant to the provisions of Article 4 of Chapter 7, who
are deputized as special officers by the chief of police for the purpose
of enforcing the provisions of the article, are authorized and empowered to issue
summonses according to the procedures set forth in Article 4, Chapter 7, to
violators of the provisions of Article 4 and Article 6 of Chapter 7.
(Sec. 3-6.2, R.O. 1978 (1983 Ed.); Am. Ord. 95-21, 02-54)
Sec. 3-5.3 Expenses incurred — Appropriations.
All expenses of seizing, impounding and disposing of stray dogs shall be borne
by the animal control contractor; provided, however, that the council may from time
to time make such appropriations to assist the contractor, as in its discretion
and judgment shall be deemed necessary. (Sec. 3-6.3, R.O. 1978 (1983 Ed.); Am.
Ord. 02-54)
Sec. 3-5.4 Annual report required.
The animal control contractor shall render a full report of its activities and
operations relating to the impounding of stray dogs to the mayor and council
within one month after the end of each fiscal year. (Sec. 3-6.4, R.O.
1978 (1983 Ed.); Am. Ord. 02-54)
Sec. 3-5.5 Authorization to impound cats.
The animal control contractor is authorized and empowered to impound any cat released
to the animal control contractor and to dispose of the same pursuant to
the provisions of Chapter 7, Article 6. (Added by Ord. 95-21; Am. Ord.
02-54)
Article 6. Ethics Commission *
Sections:
3-6.1 Membership, term and appointment.
3-6.2 Rules--Meetings.
3-6.3 Powers, duties and functions.
3-6.4 Commission staff.
3-6.5 Requirements applicable to the rendering of opinions.
3-6.6 Request for opinions by officers or employees.
3-6.7 Requests by third parties.
3-6.8 Applicability.
3-6.9 Prohibiting political management or activity or candidacy to an elective political office.
3-6.10 Training of management or supervisory officer or employee on standards of conduct.
Sec. 3-6.1 Membership, term and appointment.
The number, term, and appointment of members of the ethics commission shall be
subject to Section 11-107 of the charter. (Sec. 3-2.1, R.O. 1978 (1983 Ed.);
Am. Ord. 01-51)
Sec. 3-6.2 Rules--Meetings.
Meetings of the commission shall be held at the call of the chair
and the affirmative vote of a majority of the entire membership shall be
necessary to take any action. (Sec. 3-2.2, R.O. 1978 (1983 Ed.))
Sec. 3-6.3 Powers, duties and functions.
(a) The commission shall render advisory opinions at any time at the request of
an officer or employee of the city involving the possible conflict of interest
or unethical conduct on the part of or the solicitation, acceptance, or receipt
of a gift by such officer or employee.
(b) The commission shall also render advisory opinions in circumstances where there is alleged
to be a conflict of interest or unethical conduct on the part of
any employee or officer of the city within the scope of the revised
charter and Article 8 of this chapter.
(c) The commission shall have jurisdiction for purposes of investigation and taking appropriate action
over a complaint or request for an advisory opinion alleging a violation of
the standards of conduct established in Article XI of the revised charter or
of Article 8 of this chapter by a current or former officer or
employee that has been submitted to the ethics commission within six years after
the alleged violation occurred. Any investigation commenced by the commission on its own
initiative into an alleged violation of Article XI of the revised charter or
of Article 8 of this chapter by a current or former officer or
employee shall be commenced within six years after the alleged violation occurred.
(d) The commission shall recommend to the appointing authority or the council, in the
case of a councilmember, appropriate disciplinary action against officers and employees found to
have violated the standards of conduct established in Article XI of the revised
charter or Article 8 of this chapter.
(e) The commission may impose civil fines as set forth in Section 3-8.5.
(f) The commission may submit to the mayor and council recommendations and reports which
it deems advisable and which pertain to the standards of conduct contained in
Article XI of the revised charter, to the administration of said Article XI
or to any other matter relating to the fostering and maintenance of ethical
conduct.
(g) The commission may initiate or make investigations and hold hearings.
(h) The commission may subpoena witnesses, administer oaths and take testimony relating to matters
before the commission and issue subpoenas for the production for examination of any
books, papers or other documents relative to any matter under investigation or in
question before the commission. Before the commission shall exercise any of the powers
authorized herein with respect to any investigation or hearings it shall be by
formal resolution, supported by a vote of the majority of the members of
the commission, defining the nature and scope of its inquiry.
(i) The commission may, from time to time adopt, amend and repeal such rules
and regulations, not inconsistent with the provisions herein and of Article 8 of
this chapter, as in the judgment of the commission seem appropriate for the
carrying out of the provisions herein and of Article 8 of this chapter
and for the efficient administration thereof, including every matter or thing required to
be done or which may be done with the approval or consent or
by order or under the direction or supervision of or as prescribed by
the commission. The rules and regulations, when approved, promulgated and filed as provided
in HRS Chapter 91 shall have the force and effect of law.
(j) Any commission member or commission staff, who divulges information concerning the allegation prior
to the issuance of an advisory opinion by the commission, or if the
investigation discloses that the advisory opinion should not be issued by the commission,
any commission member or commission staff who, at any time, divulges any information
concerning the original allegation, or divulges the contents of disclosures except as permitted
by this article, shall, if found guilty, be subject to the applicable provisions
of Section 11-106 of the revised charter.
(k) The commission may disclose the name of any officer or employee who has
been determined by the commission, following investigation and a hearing or opportunity for
a hearing, to have violated any of the provisions of Article 8 of
this chapter or of Article XI of the revised charter in accordance with
HRS Chapter 92F.
(l) The commission may submit information or records to another agency, an agency of
the State of Hawaii, an agency of another state, or to an agency
of the federal government, or a foreign law enforcement agency or authority as
permitted under HRS Chapter 92F.
(Sec. 3-2.3, R.O. 1978 (1983 Ed.); Am. Ord. 92-17, 93-113, 94-49, 02-15, 07-43)
Sec. 3-6.4 Commission staff.
(a) There shall be an executive director of the ethics commission who shall be
an attorney licensed to practice law in the State of Hawaii. The executive
director shall be referred to as the legal counsel to the commission. The
salary of the legal counsel shall be set by the ethics commission, within
the EM-7 range applicable to city and county civil service employees, payable semi-monthly
out of the city treasury; provided, that the salary may fall below the
EM-7 range if the position of legal counsel is less than a full-time
position.
(b) The commission may appoint such additional staff and engage consultants as is necessary
to assist it in the performance of its duties.
(c) The position of legal counsel and any other staff shall be exempt from
the provisions of Chapter 11 of Article VI of the Revised Charter of
Honolulu, as amended, but all positions except that of the legal counsel shall
be included in the position classification plan.
(Sec. 3-2.4, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 3-6.5 Requirements applicable to the rendering of opinions.
(a) Except in the case of a written request by the elected or appointed
officer or employee concerned, the commission may for good cause refuse to entertain
a request for an advisory opinion. Without limiting the generality of the foregoing,
the commission may refuse to entertain a request where: (1) the request is
speculative or purely hypothetical and does not involve an actual situation or (2)
the request is frivolous. In no case, however, shall the commission entertain a
request that is not in writing and not signed by the person making
the request.
(b) The commission shall acknowledge the receipt of the request in writing to the
person submitting the request. If the request involves an employee or officer and
the request is made by a person other than such employee or officer,
a copy of the request shall be sent to the employee or officer
so involved with the name of the person making the request deleted so
that such person's name will not be disclosed.
(c) All records, reports, writings, documents, exhibits and other evidence received by the commission
shall be held in confidence and no information as to the contents thereof
shall be disclosed unless such items are presented and received by the commission
at a hearing or meeting that is open to the public.
(d) Within 30 days after a request for an opinion, or within 30 days
after a hearing on any request shall have been concluded, whichever is later,
the commission shall render its opinion in writing. All opinions rendered by the
commission shall be published and shall be in such form and with such
deletions as may be necessary to prevent the disclosure of the identity of
the persons involved.
(e) After an opinion has been rendered, the commission shall notify the appointing authority
of the officer or employee involved or the council in the case of
elected officials, of its decision and shall recommend appropriate disciplinary action against officers
and employees found to have violated standards of conduct established by the revised
charter or by ordinance. The appointing authority or the council shall take whatever
action is deemed necessary, and report the action taken to the commission within
15 days after receiving the decision and recommendation of the commission. The disclosures
of conflicts of interests as provided in Revised Charter Section 11-103 shall be
made matters of public record at any time that such conflict becomes apparent.
(Sec. 3-2.5, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58)
Sec. 3-6.6 Request for opinions by officers or employees.
(a) Any officer or employee may request an opinion from the commission relating to
any situation involving such officer or employee which may give rise to the
possibility of a conflict of interest under Revised Charter, Article XI. Any officer
or employee also may request an opinion from the commission on a situation
which may give rise to the possibility of unethical conduct under this article.
Any officer or employee also may request an opinion from the commission relating
to the solicitation, acceptance, or receipt of a gift.
(b) The request shall be in writing, shall set forth the pertinent facts and
shall be signed by the officer or employee making the request.
(c) The request shall be held in confidence and no disclosure thereof shall be
made, except as provided herein.
(Sec. 3-2.6, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 93-113, 94-49,
02-15)
Sec. 3-6.7 Requests by third parties.
(a) A request for an advisory opinion submitted by a person other than the
officer or employee involved in the request shall be in writing and shall
be signed by the person making the request; provided, that the name of
the person making the request shall not be disclosed. Such request shall relate
to an actual situation and shall set forth the pertinent facts, including the
names of those involved.
(b) Where the employee or officer involved in the request is not the person
making the request, such employee or officer shall have an opportunity to respond
in writing within 15 days after receipt of a copy of the request.
The response may include a request for a hearing before the commission.
(c) Where no hearing is requested by the officer or employee involved, the commission
shall render its opinion on the basis of the information available; provided, that
the commission may request for additional information when deemed necessary.
(d) The commission shall, upon receipt of a request for a hearing within the
period above referred to by the officer or employee involved, set a time
and place for the hearing for the purpose of determining the facts. The
person making the allegation and the employee or officer involved shall have the
opportunity to appear at the hearing, alone or by counsel, and to present
any and all evidence, including testimony and exhibits, which are relevant to the
issue involved. No testimony shall be excluded, except for irrelevancy.
(e) All hearings before the commission involving an alleged conflict of interest of any
employee or officer shall be held in executive session, provided that a public
hearing may be held where such officer or employee, alleged to have a
conflict of interest, consents thereto.
(Sec. 3-2.7, R.O. 1978 (1987 Supp. to 1983 Ed.)
Sec. 3-6.8 Applicability.
The provisions herein shall be applicable to officers and employees of the City
and County of Honolulu and the terms "officers" and "employees" shall be given
the meanings provided in Revised Charter Section 13-101.3, relative to "employees", and Revised
Charter Section 13-101.4, relative to "officers"; provided, that the term "officers and employees"
as used herein shall also include officers or employees under a personal service
contract as prescribed in Revised Charter Sections 6-1103(f) and (g) and 6-1104(f), but
excludes independent contractors. (Sec. 3-2.8, R.O. 1978 (1987 Supp. to 1983 Ed.); Am.
Ord. 96-58)
Sec. 3-6.9 Prohibiting political management or activity or candidacy to an elective political office.
(a) Except for exercising the right to vote or making a campaign contribution to
a candidate for elective public office, no member of the ethics commission shall
support, advocate or aid in, or manage, the election or defeat of any
candidate for public office.
No member of the ethics commission shall be a candidate for any elective
public office nor engage in campaigning for such office.
(b) Any member of the ethics commission who violates the provisions of this section
shall be removed by the mayor forthwith since such person serves at the
pleasure of the mayor.
(Sec. 3-2.9, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-51)
Sec. 3-6.10 Training of management or supervisory officer or employee on standards of conduct.
(a) Each management or supervisory officer or employee shall complete a training program on
the standards of conduct established under Article XI of the charter and Article
8 of this chapter.
For this section only, "management officer" includes a person who is an "officer"
due to membership on a board or commission. The term does not include
a member of an advisory committee established under the executive branch pursuant to
Section 4-103 of the charter or under the council pursuant to council rule
or resolution.
The program shall provide training and information which gives the management or supervisory
officer or employee knowledge of at least the following:
(1) The various standards of conduct applicable to the management or supervisory officer or
employee, subordinate officers or employees, and former officers or employees who appear before
the management or supervisory officer's or employee's agency;
(2) Actions which the management or supervisory officer or employee or a subordinate officer
or employee must or may take to avoid a violation of a standard
of conduct;
(3) Actions which the management or supervisory officer or employee may take when ordered
or requested by a superior officer or employee to violate a standard of
conduct;
(4) Remedies which may be sought by the management or supervisory officer or employee
when knowing or suspecting that another person has violated a standard of conduct;
and
(5) Requirements concerning the filing of financial disclosures by the management or supervisory officer
or employee and subordinate officers or employees.
(b) The management or supervisory officers or employees required to complete the training program
of this section shall be the same as those required to complete the
sexual harassment training program pursuant to Section 1-17.11 and board and commission members
who are "management officers" under subsection (a).
(c) The ethics commission shall formulate the training program and provide it to management
or supervisory officers or employees according to the following timetable:
(1) For a management or supervisory officer or employee who occupies the management or
supervisory position on July 1, 2001, the ethics commission shall provide the training
program within two years of that date; and
(2) For a management or supervisory officer or employee who is elected or appointed
to the management or supervisory position after July 1, 2001, the ethics commission
shall provide the training program within six months of the election or appointment
to the position. The ethics commission, however, may exempt such a management or
supervisory officer or employee from the training program if the officer or employee
previously completed the program while occupying a former management or supervisory position.
(d) The ethics commission shall determine the time interval at which the management or
supervisory officers or employees shall receive retraining on the standards of conduct.
(e) The ethics commission may request the department of human resources to assist in
formulating, providing, and scheduling the training program. The department may provide the assistance
if able and willing to do so.
(Added by Ord. 01-35; Am. Ord. 02-15)
Article 7. Salary Commission
Sections:
3-7.1 Convening of commission.
3-7.2 Powers, duties and functions.
Sec. 3-7.1 Convening of commission.
The commissioners shall be appointed and the commission shall convene its first meeting
pursuant to Section 3-122 of the Revised Charter of the City and County
of Honolulu, as amended. The commission may reconvene at any time, but not
less than at intervals of two years. (Added by Ord. 88-42)
Sec. 3-7.2 Powers, duties and functions.
The commission shall perform all duties required by Section 3-122 of the Revised
Charter of the City and County of Honolulu, as amended. The commission shall
establish rules of procedure and adopt rules and regulations pursuant to law. (Added
by Ord. 88-42)
Article 8. Additional Standards of Conduct *
Sections:
3-8.1 Definitions.
3-8.2 Additional standards of conduct.
3-8.3 Restrictions relative to post employment.
3-8.4 Financial disclosures.
3-8.5 Violation--Penalty.
3-8.6 Additional standards of conduct concerning campaign contributions and campaign assistance.
3-8.7 Gifts to mayor, prosecuting attorney, and appointed officer or employee--Prohibition under certain circumstances.
3-8.8 Gifts to councilmember--Prohibition under certain circumstances.
3-8.9 Additional standards of conduct concerning campaign contributions and campaign assistance from lobbyists.
Sec. 3-8.1 Definitions.
Unless the context of this article otherwise clearly requires, for purposes of this
article the terms defined in this section shall have the respective meanings hereinafter
set forth:
"Agency" means and includes (1) the City and County of Honolulu; (2) the
council and its committees; (3) all departments, offices, boards, commissions, committees; (4) all
independent commissions and other similar establishments of the city government; and (5) any
other governmental unit of the city.
"Business" means and includes (1) a corporation; (2) a partnership; (3) a sole
proprietorship; (4) institutions; (5) trusts; (6) foundations; or (7) any other individual or
organization carrying on a business, whether or not operated for profit.
"City" means the City and County of Honolulu.
"Compensation" means (1) any money; (2) thing of value; and (3) economic benefit
conferred on or received by any person in return for services rendered or
to be rendered by such person or another.
"Controlling interest" means an interest which is sufficient in fact to control, whether
the interest be greater or less than 50 percent.
"Financial interest" means an interest held by an individual, the individual's spouse or
minor children which is: (1) an ownership interest in a business; (2) a
creditor interest in an insolvent business; (3) an employment, or prospective employment for
which negotiations have begun; (4) an ownership interest in real or personal property;
(5) a loan or debtor interest; or (6) a directorship or officership in
a business.
"Former employee" means any person who has served the city in a position
involving the taking of official action, as hereinafter defined.
"Official act" or "official action" means a decision, recommendation, approval, disapproval or other
action, including inaction, which involves the use of discretionary authority.
"Officers and employees" shall be given the meaning as prescribed in subsections 3
and 4 of Revised Charter Section 13-101; provided, that the term "officers and
employees" shall also include officers and employees under a personal services contract with
the executive branch of the city as prescribed in subsections (f) and (g)
of Revised Charter Section 6-1103, or under equivalent contracts with the legislative branch
of the city as prescribed in subsection (f) of Revised Charter Section 6-1104,
but excluding independent contractors; and provided further, that an individual shall not be
deemed an officer or employee solely by reason of such person's receipt of
a pension, disability payments, or other payments not made for current services. (Sec.
6-1.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 94-49)
Sec. 3-8.2 Additional standards of conduct.
No officer or employee of the city, except as hereinafter provided, shall:
(a) Participate, as an agent or representative of a city agency, in any official
action directly affecting a business or matter in which (1) such person has
a substantial financial interest; or (2) by or for which a firm of
which such person is a member, an associate or an employee has been
engaged as a legal counsel or advisor or consultant or representative in a
matter directly related to such action; provided, that a councilmember is not precluded
from voting on such matter before the council so long as a written
disclosure has been made in the event there is a conflict of interest
involving this subsection and relating to such matter.
(b) Acquire financial interest in business enterprises which such person has reason to believe
may be directly involved in official action to be taken by such person.
(c) Appear in behalf of private interests before any agency other than a court
of law, nor shall such person represent private interests in any action or
proceeding against the interests of the city in any litigation to which the
city is a party; provided, however, that a member of any board, commission
or committee may appear in behalf of private interests before agencies other than
the board, commission or committee on which such person serves; provided further, that
no officer or employee shall be denied the right to appear before any
agency to petition for redress of grievances caused by any official act or
action affecting such person's personal rights, privileges or property, including real property. This
prohibition shall not apply to any architect, landscape architect, surveyor or engineer registered
as such under the provisions of HRS Chapter 464, who is a city
employee or officer, with respect to the affixing by such registered professional of
such person's registered stamp to any plans, specifications, drawings, etc., to be submitted
to the city for permits for such person's principal residence or that of
members of such person's immediate family; provided, that the stamp is accompanied by
a signed statement that the work was prepared by the person stamping the
document or under such person's supervision; and provided further, that the registered professional
may not, in the capacity of a city employee or officer, review, approve
or otherwise act upon the plans, specifications, drawings, etc., such person has stamped.
For the purposes of this section, "immediate family" means the employee's or officer's
spouse, siblings, children or parents; spouse's children or parents; or children's spouses.
(d) Accept a retainer, compensation, or election campaign contribution that is contingent upon action
by an agency.
(e) Enter into any contract in behalf of the city with an officer or
employee or with a business in which an officer or employee has a
controlling or substantial financial interest, involving the furnishing of services, materials, supplies and
equipment unless the contract is made after competitive bidding; provided, that this subsection
shall not apply to personal contracts of employment with the executive branch of
the city as prescribed in Revised Charter Section 6-1103(f) and (g) or equivalent
contracts with the legislative branch of the city as prescribed in Revised Charter
Section 6-1104(f).
(f) Order any person to violate, or aid or abet any person in the
violation of the provisions of Revised Charter Section 6-1112.2 relating to prohibition on
political activities of persons in the civil service.
(Sec. 6-1.2, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58, 02-11)
Sec. 3-8.3 Restrictions relative to post employment.
(a) No former officer or employee of the city shall disclose any information which
by law or practice is not available to the public and which the
former officer or employee acquired in the course of his or her official
duties or use the information for his or her personal gain or the
benefit of anyone.
(b) No former officer or employee of the city shall within a period of
one year after termination of city service or employment and for compensation appear
before any city agency in relation to any case, proceeding or application with
respect to which such person was directly concerned or which was under the
person's active consideration while employed or in the service of the city.
(c) A former officer or employee of the city may, within a period of
one year after termination of city service or employment and for compensation: (1)
appear before any city agency in any case, proceeding or application, with respect
to which knowledge or information in relation to such case, proceeding or application,
was made available to the former officer or employee during the term of
employment or service; or (2) assist another person or business, including but not
limited to one in which such person is an officer or employee, in
any official act or action by the city; provided, that in either instance
the former city officer or employee shall first file an affidavit as provided
below.
Such former officer or employee of the city shall file a sworn affidavit
with the city agency involved stating that the former officer or employee (1)
was not directly concerned with, (2) did not actively consider, (3) did not
participate in, and (4) was not given access to knowledge or information not
readily available to the public during the period of said active service or
employment, with respect to such case, proceeding or application or other matter before
the city agency. All city agencies that receive such an affidavit shall forward
a copy to the ethics commission.
(d) For the purposes of this section, the term "appear before any city agency"
includes acting as an agent or attorney for, or otherwise representing, any other
person or business in any formal or informal appearance. "Appear" also includes making
any oral or written communications, including letters or telephone calls, to any city
agency or personnel with the intent to influence on behalf of any other
person or business. The date of termination of city service or employment shall
be defined as the date upon which a person's resignation, dismissal or retirement
takes effect.
(e) No officer or employee of the city shall do business with any former
officer or employee who falls within the scope of this section unless such
former officer or employee first files a sworn affidavit as provided herein.
(f) Any former officer or employee who falls within the scope of this section
and who makes a false statement in the person's sworn affidavit or files
a false affidavit shall be deemed to have committed perjury and thereby subject
to the provisions of Section 710-1060 of HRS Chapter 710 (Penal Code), and
be punished as provided in said Chapter 710.
(g) This section shall not prohibit any city agency from contracting with a former
officer or employee to act on a matter on behalf of the city
within the period of limitation stated herein and shall not prevent such officer
or employee from appearing before any city agency in relation to such employment.
(Sec. 6-1.3, R.O. 1978 (1983 Ed.); Am. Ord. 90-96, 96-58)
Sec. 3-8.4 Financial disclosures.
(a) Definitions. The following words used in this section shall have the respective meanings
in this subsection:
"Business" includes a corporation, a partnership, a sole proprietorship, a trust or foundation,
or other individual organization carrying on a business, whether or not operated for
profit.
"Candidate" has the meaning given it by HRS Section 11-191.
"Elective" means all elective offices of the City and County of Honolulu.
"Employee" means all full-time employees of the executive and legislative branches of the
City and County of Honolulu who are exempt from civil service pursuant to
Revised Charter Sections 6-1103 and 6-1104, but excluding all persons hired under the
Comprehensive Employment and Training Act and under Revised Charter Section 6-1103 (e), (f),
(g), and (h).
"Income" means gross income as defined by Section 61 of the Internal Revenue
Code of 1954.
"Officer" has the same meaning as in Section 13-101.4 of the revised charter.
(b) Filing of Financial Disclosures.
(1) Candidates to Office. Any candidate for nomination or elective office for the City
and County of Honolulu shall file within 10 working days after the deadline
for filing as a candidate for office, a financial disclosure as provided herein.
(2) (A) Officers. Any officer of the executive or legislative branch shall file a financial
disclosure as prescribed herein within 20 working days after taking the oath of
office and annually thereafter on or before January 31st of each year until
the end of the term of office.
(B) If an officer is reelected or reappointed for a new term, the foregoing
prescription of filing financial disclosures shall be observed.
(3) Employees. Employees of the executive or legislative branches shall file financial disclosures as
prescribed herein within 20 working days after the effective date of this section
and file financial disclosures annually thereafter on or before January 31st of each
year.
(c) The disclosure of financial interests shall state, in addition to the financial interests
of the person disclosing, the financial interests of the person's spouse and dependent
children, and shall include:
(1) The source and amount of all income of $1,000.00 or more received, for
services rendered, by the person in such person's own name or by any
other person for such person's use or benefit during the preceding calendar year
and the nature of the services rendered; provided, that information that may be
privileged by law or individual items of compensation that constitute a portion of
the gross income of the business or profession from which the person derives
income need not be disclosed.
(2) The name of each creditor to whom the value of $3,000.00 or more
was owed during the preceding calendar year and the original amount and amount
outstanding; provided that debts arising out of retail installment transactions for the purchase
of consumer goods need not be disclosed.
(3) The amount and identity of every ownership or beneficial interests held during the
disclosure period in any business incorporated, regulated, or licensed to carry on business
in the state having a value of $5,000.00 or more or equal to
10 percent of the ownership of the business and, if the interest was
transferred during the preceding calendar year, the date of the transfer; provided, that
an interest in the form of an account in a federal or state
regulated financial institution, an interest in the form of a policy in a
mutual insurance company, or individual items in a mutual fund or a blind
trust, if the mutual fund or blind trust has been disclosed pursuant to
this paragraph, need not be disclosed.
(4) Every officership, directorship, trusteeship or other fiduciary relationship held in a business during
the preceding calendar year, the term of office and the annual compensation.
(5) The tax map key number and street address, if any, and the value
of any real property in the City and County of Honolulu in which
the person holds an interest whose value is $10,000.00 or more, and if
the interest was transferred or obtained during the preceding calendar year, a statement
of the amount and nature of the consideration received or paid in exchange
for such interest, and the name of the person furnishing or receiving the
consideration.
(6) The amount and identity of every creditor interest in an insolvent business held
during the preceding calendar year having a value of $5,000.00 or more.
(7) The names of clients personally represented before city agencies, except in ministerial matters,
for a fee or compensation during the preceding calendar year and the names
of the city agencies involved.
(d) Filing Requirements.
(1) All public financial disclosures shall be filed with the office of the city
clerk and a copy shall be transmitted by that office to the ethics
commission. All confidential disclosures shall be filed with the city ethics commission.
(2) The form for all public financial disclosures shall be as prescribed by the
city clerk. The forms for confidential disclosures shall be as prescribed by the
city ethics commission.
(3) When leaving office or employment with the city. Any officer or employee of
the city shall file a financial disclosure as prescribed herein 10 working days
before an officer is to leave such person's office or an employee is
to terminate such person's employment with the city. This requirement will also include
transfer of an officer or employee from the city to either the state
or federal governments.
(e) The financial disclosure statements of the following persons shall be public record and
may be opened for inspection by the public during office hours of the
city clerk:
(1) All candidates for elective office;
(2) All elected officers;
(3) The directors of the city agencies and their first deputies.
All other financial disclosure statements required to be filed under this section shall
be confidential.
(f) Penalty.
(1) Officers and Employees.
(A) Late Filing. Any officer or employee of the city whose required financial disclosure
is not received by the ethics commission or the city clerk, whichever is
applicable, by the close of business on the deadline date specified in subsection
(b), shall be given a notice of violation of the provisions of this
section by the ethics commission or the city clerk, whichever is applicable. The
notice shall state that the city officer or employee has 10 days from
receipt of the notice in which to file the required financial disclosure or
be subject to the penalties provided in this paragraph and Section 3-8.5. Any
city elected officer, who has received this notice and fails to file the
required disclosure within 10 days of receipt of the notice, shall be subject
to a civil fine according to the following schedule: $100.00 for the first
late filing; $200.00 for the second late filing; and thereafter, for each additional
late filing, the fine imposed for the previous late filing plus $200.00. Any
penalty or fine shall be imposed after an opportunity for a hearing conducted
by the ethics commission under HRS Chapter 91.
(B) Failure to File. Any officer or employee of the city who fails to
file a financial disclosure as required in this section within 30 days from
receipt of the notice of violation referred to in paragraph (A), shall, in
addition to any civil fines imposed under paragraph (A), be subject to:
(i) The provisions of Section 3-8.5 relating to noncompliance; or
(ii) A criminal penalty of a fine of not more than $2,000.00 or of
imprisonment for not more than one year, or of both such fine and
imprisonment,
or to both (i) and (ii).
(2) Candidates.
(A) Late Filing. Any candidate whose required financial disclosure is not received by the
city clerk by the close of business on the deadline date specified in
subsection (b), shall be given a notice of violation of the provisions of
this section by the city clerk. The notice shall state that the candidate
has 10 days from receipt of the notice in which to file the
required financial disclosures or be subject to the penalties provided in this paragraph.
Any candidate, who has received this notice and fails to file the required
disclosure within 10 days of receipt of the notice, shall, upon election to
office, be subject to the provisions of Section 3-8.5 and a civil fine
according to the following schedule: $100.00 for the first late filing; $200.00 for
the second late filing; and thereafter, for each additional late filing, the fine
imposed for the previous late filing plus $200.00. Any penalty or fine shall
be imposed after an opportunity for a hearing conducted by the ethics commission
under HRS Chapter 91.
(B) Failure to File. Any candidate who fails to file a financial disclosure as
required in this section within 30 days from receipt of the notice of
violation referred to in paragraph (A), shall, in addition to any civil fines
imposed under paragraph (A), be subject to a criminal penalty of a fine
of not more than $2,000.00 or of imprisonment for not more than one
year, or of both such fine and imprisonment.
(3) Rules.
The ethics commission shall have the authority to establish rules to implement subdivisions
(1) and (2).
(Sec. 6-1.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 95-23, 96-58,
07-43)
Sec. 3-8.5 Violation--Penalty.
(a) The failure to comply with or any violation of the standards of conduct
of this article or of Article XI of the revised charter shall be
grounds for impeachment of elected officers and for the removal from office or
from employment of all other officers and employees. The appointing authority may, upon
the recommendation of the ethics commission, reprimand, put on probation, demote, suspend or
discharge an employee found to have violated the standards of conduct established by
this article. Nothing contained herein shall preclude any other remedy available against such
officer or employee.
(b) In addition to any other penalty provided by law, any contract entered into
by the city in violation of Article XI of the revised charter or
of this article is voidable on behalf of the city; provided, that in
any action to void a contract pursuant to this article the interest of
third parties who may be damaged thereby shall be taken into account, and
the action to void the official act or action is initiated within six
months after the matter is determined by the ethics commission.
(c) The city, by the corporation counsel, may recover any fee, compensation, gift or
profit received by any person as a result of a violation of the
standards in this article or in Article XI of the revised charter by
an officer or employee or former officer or employee. Action to recover under
this subsection shall be brought within four years of such violation.
(d) In addition to any other penalty, sanction or remedy provided by law, the
ethics commission may impose a civil fine against a former or current elected
officer of the city who has been found by the ethics commission to
have violated the standards of conduct in Article XI of the revised charter
or this article. For the purposes of this section, “elected officer” means a
member of the council, the mayor and the prosecuting attorney.
(1) Where a civil fine has not otherwise been established in this article, the
amount of the civil fine imposed by the ethics commission for each violation
shall not exceed the greater of $5,000 or three times the amount of
the financial benefit sought or resulting from each violation.
(2) In determining whether to impose a civil fine and the amount of the
civil fine, the ethics commission shall consider the totality of the circumstances, including,
but not limited to:
(A) The nature and seriousness of the violation;
(B) The duration of the violation;
(C) The effort taken by the elected officer to correct the violation;
(D) The presence or absence of any intention to conceal, deceive or mislead;
(E) Whether the violation was negligent or intentional;
(F) Whether the elected officer demonstrated good faith by consulting the ethics commission staff
or another
government agency or an attorney;
(G) Whether the elected officer had prior notice that his or her conduct was
prohibited;
(H) The amount, if any, of the financial or other loss to the city
as a result of the violation;
(I) The value of anything received or sought in the violation;
(J) The costs incurred in enforcement, including reasonable investigative costs and attorneys’ fees;
(K) Whether the elected officer was truthful and cooperative in the investigation; and
(L) Any other relevant circumstance.
(3) No civil fine shall be imposed unless the requirements of Chapter 91 and
HRS Section 46-1.5(24), have been met.
(4) The ethics commission may recover any civil fines imposed pursuant to this section
and may, through the corporation counsel, institute proceedings to recover any civil fines.
(5) Pursuant to Chapter 1, Article 19, the ethics commission shall have executive authority
to add unpaid fines by administrative order to any taxes, fees or charges.
(6) Notwithstanding Section 3-6.3(c), no civil fine may be imposed under this subsection:
(A) If the applicable complaint or request for advisory opinion is submitted more than
four years after the alleged violation occurred; or
(B) For an investigation commenced by the commission on its own initiative, if the
investigation is commenced more than four years after the alleged violation occurred.
(Sec. 6-1.5, R.O. 1978 (1983 Ed.); Am. Ord. 90-96, 02-15, 07-43)
Sec. 3-8.6 Additional standards of conduct concerning campaign contributions and campaign assistance.
(a) This section applies to the conduct of an exempt officer or employee.
This section is additional to the prohibitions of Section 6-1112(2) and (3) of
the revised charter, both of which are directed at an officer or employee
in the civil service.
(b) For the purpose of this section:
"Campaign assistance" means any service, including donating time or anything of value, to
assist:
(1) The campaign of a person seeking nomination or election to a public office;
(2) The effort to:
(A) Place a question on an election ballot; or
(B) Approve or reject a question which is on an election ballot;
(3) The effort to recall an officer; or
(4) The activities of a political party or campaign committee by:
(A) Serving as a member;
(B) Soliciting members;
(C) Performing administrative or other duties;
(D) Raising funds;
(E) Campaigning for the political party's or campaign committee's candidate or position on an
issue; or
(F) Volunteering on a campaign or campaign committee.
"Campaign committee" means a "committee" as defined under HRS Section 11-191.
"Campaign contribution" means a "contribution" as defined under HRS Section 11-191.
"Exempt officer or employee" means an officer or employee exempt from the civil
service pursuant to Section 6-1103, Section 6-1104, or any other provision of the
revised charter.
"Officer or employee" means:
(1) An officer or employee within the definition of "officers and employees" under Section
3-8.1; and
(2) For the purpose of this section, an independent contractor with the city, whether
or not contracted pursuant to competitive bidding procedures, and including, without limitation, a
municipal bond dealer.
"Political party" means the same as defined under HRS Section 11-61.
(c) An exempt officer or employee shall not:
(1) Coerce, demand, or otherwise require a campaign contribution or campaign assistance from another
officer or employee;
(2) Deny employment to a person who will not agree, as a condition of
the employment, to:
(A) Make a campaign contribution or request a campaign contribution from another person; or
(B) Render campaign assistance or request another person to render campaign assistance;
(3) Discharge, demote, decrease the compensation of, harass, or otherwise punish another officer or
employee because that officer or employee:
(A) Refused to make a campaign contribution or render campaign assistance when requested or
demanded by the exempt officer or employee or a third person;
(B) Sought or received an advisory opinion from the ethics commission on a possible
violation of this subsection; or
(C) Filed with a public agency or officer a complaint alleging a violation of
this subsection;
(4) Promise or threaten to discharge, demote, decrease the compensation of, harass, or otherwise
punish another officer or employee unless that officer or employee:
(A) Makes a campaign contribution or renders campaign assistance as requested or demanded by
the exempt officer or employee or a third person;
(B) Refrains from seeking an advisory opinion from the ethics commission on a possible
violation of this subsection; or
(C) Refrains from filing with a public agency or officer a complaint alleging a
violation of this subsection;
(5) Promote or increase the compensation of another officer or employee because that officer
or employee made a campaign contribution or rendered campaign assistance when requested or
demanded by the exempt officer or employee or a third person;
(6) Solicit or request a specified or minimum campaign contribution amount from another officer
or employee;
(7) Request another officer or employee to provide a specified or minimum amount of
campaign assistance; or
(8) Solicit or receive any campaign contribution from a person, including another officer or
employee, in a building or facility during its use for official city functions.
An exempt officer or employee also shall not request or direct another exempt
officer or employee to engage in an activity prohibited under this subsection.
(d) The activities prohibited under subsection (c) shall not preclude an exempt officer or
employee from:
(1) Voting as the exempt officer or employee chooses;
(2) Voluntarily expressing an opinion on any political candidate, question, or issue;
(3) Voluntarily serving as a member of a political party, campaign committee, or other
political organization;
(4) Voluntarily making a campaign contribution or rendering campaign assistance; or
(5) Voluntarily soliciting or requesting a campaign contribution or campaign assistance from another person,
so long as the solicitation or request does not violate subsection (c).
(e) An exempt officer or employee who violates any provision of subsection (c) shall
be guilty of a petty misdemeanor.
The prosecution of a violation pursuant to this subsection shall be commenced within
two years after commitment of the violation. No violation shall be prosecuted after
the expiration of the two-year period.
The prosecuting attorney shall be responsible for prosecution of a violation. If the
prosecuting attorney becomes disqualified, the state attorney general shall have the responsibility for
prosecution.
The penalty of this subsection shall be in addition to the penalty provided
under Section 3-8.5(a). Both penalties may be imposed for the same violation.
(Added by Ord. 93-113; Am. Ord. 94-54)
Sec. 3-8.7 Gifts to mayor, prosecuting attorney, and appointed officer or employee--Prohibition under certain
circumstances.
(a) For the purpose of this section:
"Appointed officer or employee" means an officer or employee, as defined under Section
3-8.1, other than an elected officer. "Appointed officer" includes a member of a
board or commission.
"Gift" means any gift, whether in the form of money, goods, service, loan,
travel, entertainment, hospitality, thing, or promise or in any other form.
(b) Neither the mayor, the prosecuting attorney, nor any appointed officer or employee shall
solicit, accept, or receive, directly or indirectly, any gift under circumstances in which
it can be reasonably inferred that the gift is intended:
(1) To influence the solicitor or recipient in the performance of an official duty;
or
(2) As a reward for any official action on the solicitor's or recipient's part.
(c) During each one-year period beginning on July 1st and ending on June 30th,
neither the mayor, the prosecuting attorney, nor any appointed officer or employee shall
solicit, accept, or receive, directly or indirectly, from any one source any gift
or gifts, not exempted by subsection (d), valued singly or in the aggregate
in excess of $200.00.
(d) Exempted from the prohibition of subsection (c) are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any inter vivos or testamentary trust
established by a spouse or ancestor;
(3) Gifts from a spouse, fiancé, fiancée, any relative within four degrees of consanguinity
or the spouse, fiancé, or fiancée of such a relative. A gift from
any such person shall not be exempt from subsection (c) if the person
is acting as an agent or intermediary for any person not covered by
this subdivision;
(4) Political campaign contributions that comply with state law;
(5) Anything available 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
donated to a public body or to a bona fide educational or charitable
organization without the donation being claimed by the mayor, the prosecuting attorney, or
an appointed officer or employee as a charitable contribution for tax purposes. In
the event the gift is donated to a public body or to a
bona fide educational or charitable organization, the donor shall send, along with the
gift, documentation acknowledging the initial giver of the gift; and
(7) Exchanges of approximately equal value on holidays, birthdays, or special occasions.
(e) A violation of this section by the mayor, the prosecuting attorney, or an
appointed officer or employee shall be punishable in accordance with Section 3-8.5.
(Added by Ord. 94-49; Am. Ord. 02-15)
Sec. 3-8.8 Gifts to councilmember--Prohibition under certain circumstances.
(a) No councilmember shall solicit, accept or receive, directly or indirectly, any gift, whether
in the form of money, goods, service, loan, travel, entertainment, hospitality, thing or
promise, or in any other form, under circumstances in which it can be
reasonably inferred that the gift is intended to influence the councilmember in the
performance of the councilmember's official duties or is intended as a reward for
any official action on the councilmember's part.
(b) During each one-year period beginning on July 1st and ending on June 30th,
no councilmember shall solicit, accept, or receive, directly or indirectly, from any one
source any gift or gifts, not exempted by subsection (c), valued singly or
in the aggregate in excess of $200.00.
(c) Exempted from the prohibition of subsection (b) are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any inter vivos or testamentary trust
established by a spouse or ancestor;
(3) Gifts from a spouse, fiancé, fiancée, any relative within four degrees of consanguinity
of the councilmember or the spouse, fiancé, or fiancée of such a relative.
A gift from any such person shall not be exempt from subsection (b)
if the person is acting as an agent or intermediary for any person
not covered by this subdivision;
(4) Political campaign contributions that comply with state law;
(5) Anything available 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
donated to a public body or to a bona fide educational or charitable
organization without the donation being claimed by the councilmember as a charitable contribution
for tax purposes. In the event the gift is donated to a public
body or bona fide educational or charitable organization, the councilmember shall send, along
with the gift, documentation acknowledging the initial giver of the gift; and
(7) Exchanges of approximately equal value on holidays, birthdays, or special occasions.
(d) A violation of this section by a councilmember shall be punishable in accordance
with Section 3-8.5.
(Added by Ord. 94-48; Am. Ord. 02-15)
Sec. 3-8.9 Additional standards of conduct concerning campaign contributions and campaign assistance from lobbyists.*[ * Editor's
Note: In Civil No. 96-2844-07 in the First Circuit Court, State of Hawaii,
Section 3-8.9(c) and (d) were held to conflict with and be preempted by
HRS Chapter 11. The final judgment was entered on August 4, 1998 and
was not appealed.]
(a) For the purpose of this section:
"Campaign assistance," "campaign committee," "campaign contribution," "exempt officer or employee" and "political party"
mean the same as defined under Section 3-8.6.
"Candidate for city office" means any person who:
(1) Falls within the definition of a candidate contained in HRS Section 11-191;
(2) Files nomination papers in accordance with the provisions of HRS Chapter 12, Part
I; or
(3) Makes any public statement concerning the person's intention to be a candidate for
a city office within two years preceding the next special election, coinciding with
a general election, for that city office.
"Lobbyist" means any person:
(1) Seeking, or having sought within two years preceding any activity prohibited under this
section, any type of discretionary approval, whether legislative, administrative, or quasi-judicial, from the
city, including, without limitation, a landowner, developer, architect, engineer, planner, or agent of
the foregoing; or
(2) Qualifying as a "lobbyist" under Section 4-1.2.
(3) Excluded from the provisions of (1) and (2) above are activities conducted by
neighborhood boards, community associations, coalitions, and individuals not employed by those specified in
subdivision (1), unless they engage the services of a paid lobbyist.
(b) An exempt officer or employee shall not:
(1) Coerce, demand, or otherwise require a campaign contribution or campaign assistance from a
lobbyist;
(2) Disapprove the application of or otherwise punish a lobbyist because that lobbyist:
(A) Refused to make a campaign contribution or render campaign assistance when requested or
demanded by the exempt officer or employee or a third person;
(B) Sought or received an advisory opinion from the ethics commission on a possible
violation of this section; or
(C) Filed with a public agency or officer a complaint alleging a violation of
this section;
(3) Promise or threaten to disapprove the application of or otherwise punish a lobbyist,
unless that lobbyist:
(A) Makes a campaign contribution or renders campaign assistance as requested or demanded by
the exempt officer or employee or a third person;
(B) Refrains from seeking an advisory opinion from the ethics commission on a possible
violation of this section; or
(C) Refrains from filing with a public agency or officer a complaint alleging a
violation of this section;
(4) Approve the application of a lobbyist because that lobbyist made a campaign contribution
or rendered campaign assistance when requested or demanded by the exempt officer or
employee or third person;
(5) Solicit or request a specified or minimum campaign contribution amount from a lobbyist;
(6) Request a lobbyist to provide a specified or minimum amount of campaign assistance;
(7) Solicit or receive any campaign contribution from a person, including a lobbyist, in
a building or facility during its use for official city functions; or
(8) Request or direct another exempt officer or employee to engage in an activity
prohibited under this subsection.
An exempt officer or employee shall not be prohibited from soliciting or requesting
a campaign contribution or campaign assistance from a lobbyist, so long as the
solicitation or request does not violate this subsection.
(c) A lobbyist shall not make a campaign contribution or render campaign assistance to
any candidate for city office within two years after receipt of a discretionary
approval, whether legislative, administrative, or quasi-judicial, from the city.
(d) A candidate for city office shall not accept a campaign contribution from a
lobbyist within two years after the lobbyist receives a discretionary approval, whether legislative,
administrative, or quasi-judicial, from the city.
A candidate for city office shall not accept or use campaign assistance from
a lobbyist within two years after the lobbyist receives a discretionary approval, whether
legislative, administrative, or quasi-judicial, from the city.
(e) Any lobbyist, as defined under this section, who cannot make a campaign contribution
to a candidate for city office shall register with the clerk. A lobbyist
receiving a discretionary approval shall register within 10 days of receipt of the
approval.
A lobbyist who is not seeking a discretionary approval shall register simultaneously with
registration as a lobbyist under Chapter 4.
(f) An exempt officer or employee, candidate for city office, or lobbyist who violates
any provision of this section shall be guilty of a petty misdemeanor.
The prosecution of a violation pursuant to this subsection shall be commenced within
two years after commitment of the violation. No violation shall be prosecuted after
the expiration of the two-year period.
The prosecuting attorney shall be responsible for prosecution of a violation. If the
prosecuting attorney becomes disqualified, the state attorney general shall have the responsibility for
prosecution.
The penalty of this subsection shall be in addition to the penalty provided
under Section 3-8.5(a) if applicable to the violator. Both penalties may be imposed
for the same conduct.
(Added by Ord. 94-54)
Article 9. Appointment on Boards, Commissions and Committees
Sections:
3-9.1 Purpose.
3-9.2 Method of appointment on boards, commissions and committees.
3-9.3 Termination of appointment.
3-9.4 Inapplicability.
3-9.5 Composition on boards and commission.
3-9.6 Removal of members of boards, commissions and committees.
Sec. 3-9.1 Purpose.
This article is enacted pursuant to the Revised Charter of Honolulu, Section 13-103(b),
which provides that members of boards and commissions shall be appointed by the
mayor and confirmed by the council. (Added by Ord. 90-54)
Sec. 3-9.2 Method of appointment on boards, commissions and committees.
(a) The mayor is authorized to appoint, subject to council approval, members to boards,
commissions or committees for which the mayor has been initially authorized by charter,
law or ordinance to make such original appointment.
(b) The mayor shall submit proposed appointments to boards, commissions or committees in accordance
with the following requirements:
(1) All boards, commissions or committees shall, no later than 90 days prior to
the expiration of a member's appointed term, advise the mayor and council of
the pending expiration of the appointed member's term;
(2) Within 30 days of the issuance of such notice of pending expiration, the
mayor shall submit to the council a written request for approval of appointment
to the respective board, commission or committee.
(c) The mayor's written request for approval for appointment to a board, commission or
committee shall include the effective date of such appointment, effective date of expiration
and reasons for appointment.
(d) Newly Created Boards, Commissions or Committees. In the case of newly created boards,
commissions or committees, the mayor shall submit a written request for approval of
appointment to the council no later than 90 days from the effective date
of the action establishing such board, commission or committee.
(Added by Ord. 90-54; Am. Ord. 97-57)
Sec. 3-9.3 Termination of appointment. *
All appointments covered by this article shall terminate on the expiration date noted
on the mayor's letter of appointment, and in no instance shall such appointees
immediately continue to serve in the same capacity beyond the expiration date whether
as a temporary appointee or as a reappointed member for a full consecutive
term. (Added by Ord. 90-54; Am. Ord. 97-57) [* Editor's Note: The Hawaii Supreme
Court in Fasi v. City Council of the City and County of Honolulu,
72 Haw. 513, 823 P.2d 742 (1992), held that the City Council could
not enact this provision which forbids members of certain boards and commissions from
holding over until their successors have been appointed and qualified.]
Sec. 3-9.4 Inapplicability.
(a) This article shall not apply to appointments to boards, commissions or committees for
which the mayor is not required by law, charter or ordinance, or rules
to have either the council's approval or confirmation.
(b) This article also shall not apply to appointments for temporary vacancies as provided
for in Article 1 of this chapter.
(c) This article also shall not apply to appointments to the transportation commission established
under Revised Charter Section 6-1704.
(Added by Ord. 90-54; Am. Ord. 97-02, 97-57)
Sec. 3-9.5 Composition on boards and commissions.
The mayor shall nominate and appoint, subject to council confirmation, representatives of both
genders to serve as members of each city board and commission. This requirement
is in addition to any other qualifications that may be required for a
city board or commission governed by charter or by law. (Added by Ord.
92-58)
Sec. 3-9.6 Removal of members of boards, commissions and committees.
(a) When a member of a board, commission or committee to which this article
applies has:
(1) Failed to attend four or more consecutive regularly scheduled meetings of the board,
commission or committee spanning a period in excess of one month;
(2) Failed to attend more than one-third of the regularly scheduled meetings of the
board, commission or committee in any calendar year; or
(3) Failed to provide to the chair the certification of participation required by Section
3-12.5 within 30 days following the applicable deadline established in Section 3-12.3(a) or
(b), and, after having been given written notice by the chair that the
member has 30 days from the date of that notice to provide the
certification, the member fails to provide the certification to the chair by the
chair’s 30-day deadline,
the chair of the board, commission or committee shall provide written notice of
the fact to the mayor.
(b) In addition to the notice referred to in subsection (a), the chair shall
provide the mayor with the following:
(1) A record of the attendance of the board, commission or committee member, from
the time of the council's approval of the appointment;
(2) Minutes of the meetings not attended by the board, commission or committee member
and any written communications and records of any telephonic communications from the board,
commission or committee member to the chair or staff of the board, commission
or committee stating why the meetings would not be or were not attended;
and
(3) A statement that the board, commission or committee member has or has not
provided certification of participation in the sunshine law training program prior to the
deadline established by the chair under subsection (a)(3).
(c) Within 10 days of the mayor’s receipt of the notice referred to in
subsection (a), the following shall be mailed by the mayor or the mayor’s
designee to the board, commission or committee member at the member's last known
address on file with the board, commission or committee:
(1) A copy of the notice referred to in subsection (a);
(2) A copy of this section;
(3) If the notice to the mayor included a statement that the member of
the board, commission or committee had not provided
the certification required under Section 3-12.5, a copy of Chapter 3, Article 12;
and
(4) A statement of the deadline for response, as specified in subsection (d).
It shall be the responsibility of the member to keep the board, commission
or committee apprised of the member's current address.
(d) The board, commission or committee member shall have 30 days following the notification
of the mayor in which to provide the mayor with a written statement
that the member:
(1) Wishes to continue to serve on the board, commission or committee; or
(2) Wishes to resign from the board, commission or committee.
(e) If the member states that he or she wishes to continue to serve,
the member shall provide the mayor with one or more of the
following:
(1) True information or documentation refuting the record of nonattendance or nonparticipation;
(2) A true statement as to why the member failed to attend the meetings
referred to in subsection (a), to timely participate in the sunshine law training
program, or to timely certify participation in the sunshine law training program; or
(3) A true statement of other mitigating circumstances.
(f) If the board, commission or committee member provides a statement pursuant to subsection
(d) that the member wishes to continue to serve, the mayor may, following
the 30-day period referred to in subsection (d), but prior to 90 days
following the notification given to the mayor pursuant to subsection (a):
(1) Issue a notice of removal of the board, commission or committee member from
the board, commission or committee;
(2) Issue a notice of conditional retention of the board, commission or committee member
setting forth conditions under which the mayor will not remove the member; or
(3) Issue a notice of unconditional retention of the board, commission or committee member.
Prior to the issuance of the notice the mayor may consult with, among
others, the director of the department or agency to which the board, commission
or committee is attached and the administrator of the sunshine law training program.
The mayor's notice of removal, conditional retention or retention shall be mailed to
the board, commission or committee member at the member's last known address on
file with the board, commission or committee. A copy of the mayor's notice
of removal, conditional retention or retention shall be given to the chair of
the board, commission or committee. If the mayor fails to issue a notice
under this subsection prior to the end of the 90-day period, the board,
commission or committee member shall be deemed to be retained.
(g) If the mayor finds that a board, commission or committee member has not
abided by the conditions of a notice of conditional retention, the mayor may,
after notifying the member of this finding and giving the member 14 days
in which to respond, issue a notice of removal of the board, commission
or committee member and notify the board, commission or committee member and chair
in the manner provided in subsection (f).
(h) The chair of a board, commission or committee who provides the mayor a
notice pursuant to subsection (a) may also provide a copy of the notice
to the director of any department or the head of any agency to
which the board, commission or committee is attached and the department's director or
the agency's head may make to the mayor any recommendation deemed appropriate.
(i) In the event the board, commission or committee member referred to in subsection
(a) is the chair of a board, commission or committee, the vice-chair of
the board, commission or committee shall act in the place of, and receive
the notices provided for, the chair under this section.
(j) Two days following the issuance of a notice of removal, the board, commission
or committee member named in the notice shall be deemed removed as a
member of the board, commission or committee and the mayor shall notify the
council that the board, commission or committee member has been removed from office.
Notwithstanding Section 3-9.3, the removed board, commission or committee member may continue to
serve on the board, commission or committee until a replacement has been appointed
by the mayor and confirmed by the council.
(k) Notwithstanding the foregoing provisions of this section, a member of a board, commission
or committee who is convicted of providing a false certification of participation in
the sunshine law training program in violation of Section 3-12.5(b), or is convicted
of providing false information or documentation or a false statement to the mayor
in violation of subsection (e) shall, upon conviction, be immediately removed as a
member of the board, commission or committee.
(Added by Ord. 97-03; Am. Ord. 03-30)
Article 10. Oahu Historic Preservation Commission
Sections:
3-10.1 Purpose and intent.
3-10.2 Definitions.
3-10.3 Commission established.
3-10.4 Officers and expenses.
3-10.5 Staff.
3-10.6 Meetings.
3-10.7 Powers and duties.
3-10.8 Establishment of the Oahu register of historic places.
3-10.9 Nominations to the Oahu, Hawaii or national register of historic places.
3-10.10 Guidelines.
3-10.11 Accounting and funding.
Sec. 3-10.1 Purpose and intent.
(a) The council finds that preservation of historic properties enhances the educational, cultural, economic
and general welfare of the county. It is deemed essential that the qualities
relating to the history and culture of the City and County of Honolulu
be preserved through comprehensive historic preservation planning and administration. Implementation of the HRS
Chapter 6E on historic preservation, the Honolulu general plan and the adopted Oahu
development plans provide the means to perpetuate the value of various cultures of
which our community is comprised.
(b) It is the intent of this article to:
(1) Protect and preserve historic properties and artifacts in the county and encourage, where
appropriate, their special emphasis and attention to the cultural resources of the native
Hawaiian people;
(2) Encourage the restoration, rehabilitation and continued functional use of historic properties;
(3) Encourage the identification, preservation, maintenance, development, promotion and enhancement of those historic properties
which represent or reflect distinctive elements of cultural, social, economic, political and architectural
history, and to encourage the designation of historic properties, thereby ensuring that our
cultural and historic heritage will be imparted to present and future generations of
residents and visitors; and
(4) Formulate county-wide, comprehensive, historic preservation polices, programs and plans.
(Added by Ord. 93-55)
Sec. 3-10.2 Definitions.
For purposes of this article, unless it is plainly evident from the context
that a different meaning is intended, certain terms and words are defined as
follows:
"Commission" means the Oahu Historic Preservation Commission.
"Historic preservation" means the research, identification, protection, restoration, rehabilitation, maintenance, and interpretation of
districts, sites, buildings, structures, areas or objects significant to the history, architecture, archaeology
or culture of the county, state or nation.
"Historic properties" means any prehistoric or historic district, site, building, structure, area or
object significant in the history, architecture, archaeology, or culture of the county, state,
and nation, including but not limited to those listed on the Hawaii or
national registers of historic places and those that are of historic or cultural
significance to the indigenous people of this island.
"Mayor" means the mayor of the City and County of Honolulu.
"Professional" means a person with qualifications enumerated in Title 36, Code of Federal
Regulations, Part 61, Appendix A.
"State" means the State of Hawaii. (Added by Ord. 93-55)
Sec. 3-10.3 Commission established.
(a) There is established a commission to be known as the "Oahu Historic Preservation
Commission" which shall be attached to the planning department.
(b) The commission shall consist of nine members appointed by the mayor with the
approval of the council. The commission members shall be appointed from among professionals
and persons with special interest in the following disciplines:
(1) Architecture;
(2) History;
(3) Archaeology;
(4) Planning;
(5) Architectural history; and
(6) Hawaiian culture;
provided that the commission shall include an expert in architectural history, two archaeologists,
a Hawaiian mythology expert and native speaker, an expert in Hawaiian culture and
a Hawaiian Kahu (religious expert). At least a majority of the members shall
be professionals from among the disciplines listed in (1) through (6). Members also
shall reflect an ethnic diversity to carry out the purposes of the commission
to identify, protect, preserve, and restore historic properties and artifacts of all ethnic
cultures. The mayor shall solicit lists of two or more persons, recommended by
the community and professional organizations and appropriate ethnic organizations dedicated to preserving unique
cultural heritages, including but not limited to the Center for Hawaiian Studies at
the Un