CHAPTER 84

STANDARDS OF CONDUCT

 

        Preamble

 

        Part I.  General Provisions

Section

     84-1 Construction

     84-2 Applicability

     84-3 Definitions

 

        Part II.  Code of Ethics

    84-10 University of Hawaii; technology transfer activities;

          exemption

    84-11 Gifts

  84-11.5 Reporting of gifts

    84-12 Confidential information

    84-13 Fair treatment

  84-13.5 Washington Place; campaign activities

    84-14 Conflicts of interests

  84-14.5 Governor; outside employment and emoluments prohibited

    84-15 Contracts

    84-16 Contracts voidable

    84-17 Requirements of disclosure

  84-17.5 Disclosure files; disposition

    84-18 Restrictions on post employment

    84-19 Violation

 

        Part III.  State Ethics Commission

    84-21 State ethics commission established; composition

 

        Part IV.  Administration and Enforcement

    84-31 Duties of commission; complaint, hearing,

          determination

  84-31.3 Filing of false charges

  84-31.5 Repealed

    84-32 Procedure

    84-33 Disciplinary action for violation

    84-34 No compensation

    84-35 Staff

  84-35.5 Prohibition from political activity

    84-36 Cooperation

    84-37 Concurrent jurisdiction

    84-38 Judicial branch

    84-39 Administrative fines

 

        Part V.  Mandatory Ethics Training

    84-41 Applicability of part

    84-42 Mandatory ethics training course

    84-43 Ethics training course

 

Historical Note

 

  Source notes for each section of this chapter start with L 1972, c 163, which completely amended this chapter.  For prior law, see L 1967, c 263 and L 1968, c 21.

 

Attorney General Opinions

 

  As long as the mandatory topics listed in the third paragraph of article XIV of the Hawaii State Constitution are addressed, the legislature exercises discretion over what specific conduct is prohibited, permitted, or otherwise regulated under the state ethics code.  Assuming no other state or federal constitutional provision is brought into play, the legislature may exempt certain conduct from the state ethics code or otherwise subject it to related regulation, such as disclosure requirements.  Att. Gen. Op. 15-2.

  The state ethics code must apply to all state employees; individual employees may not be exempted from the state ethics code.  Att. Gen. Op. 15-2.

 

Law Journals and Reviews

 

  Confidentiality Breeds Contempt:  A First Amendment Challenge to Confidential Ethics Commission Proceedings of the City & County of Honolulu.  18 UH L. Rev. 797.

 

Case Notes

 

  Although an application of §84-13 was necessary to decide the union's complaint under §89-13, it could not be said that the question arose under this chapter; where union filed the complaint with the labor relations board under §89-19, the board had "exclusive original jurisdiction" to determine prohibited practice complaints and the ethics commission would not have had jurisdiction to make that determination; thus, the board had the power to apply §84-13 in order to decide whether a prohibited practice  violation actually occurred and it did not exceed its jurisdiction in ruling that a violation did not occur based on the application of §84-13.  116 H. 73, 170 P.3d 324.

 

PREAMBLE

 

     The purpose of this chapter is to (1) prescribe a code of ethics for elected officers and public employees of the State as mandated by the people of the State of Hawaii in the Hawaii constitution, article XIV; (2) educate the citizenry with respect to ethics in government; and (3) establish an ethics commission which will administer the codes of ethics adopted by the constitutional convention and by the legislature and render advisory opinions and enforce the provisions of this law so that public confidence in public servants will be preserved. [L 1972, c 163, pt of §1; am L 1979, c 91, §2; am L 1981, c 82, §10]

 

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