Report Title:

Office of Public Integrity

Description:

Establishes the Office of Public Integrity to consolidate the ethics commission, campaign spending commission, office of elections, and office of the ombudsman to increase efficiency in the delivery of services and maximize each agency's ability to ensure fairness and integrity in government.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2979

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE OFFICE OF PUBLIC INTEGRITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that certain offices in state government have the duty of protecting the public interest in the integrity of state government. The ethics commission, office of elections, campaign spending commission, and ombudsman, all work to ensure that government officials and employees are selected, and government services are administered, with fairness and integrity.

The legislature finds that at present these offices dealing with public integrity are scattered throughout government, and that consolidation would serve to focus and coordinate the work of these offices, increase efficiency in service delivery, and maximize each agency's ability to perform its duties and safeguard governmental integrity.

The purpose of this Act is to maximize the efficiency and effectiveness of agencies that guard governmental integrity by:

(1) Establishing an office of public integrity within the office of the state auditor for administrative purposes only;

(2) Consolidating the office of elections, campaign spending commission, state ethics commission, and office of ombudsman within the office of public integrity; and

(3) Creating a public integrity commission to select appointed officers of these offices and commissions, other than the ombudsman, and coordinate these four agencies.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

OFFICE OF PUBLIC INTEGRITY

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Commission" means the public integrity commission.

"Office" means the office of public integrity.

§ -2 Office of public integrity. There is established the office of public integrity which shall be placed within the office of the auditor for administrative purposes only. The office shall administer the office of elections, campaign spending commission, state ethics commission, and office of ombudsman, and shall coordinate and consolidate these offices.

§ -3 Public integrity commission. (a) The office of public integrity shall be headed by the public integrity commission, which shall consist of five members, each of whom shall be appointed from a panel of ten persons nominated by the judicial council, as follows:

(1) One member by the governor;

(2) One member by the president of the senate;

(3) One member by the speaker of the house of representatives;

(4) One member by the members of the senate belonging to the party or parties different from that of the president of the senate; and

(5) One member by the members of the house of representatives belonging to the party or parties different from that of the speaker of the house of representatives.

(b) The term of each member shall be four years; provided that:

(1) The first term for the members appointed by the president of the senate and the minority leader of the house of representatives shall be six years and shall commence upon the appointment of the first member to the public integrity commission and expire six years from that date; and

(2) The first term of the remaining members shall be four years and shall commence upon the appointment of the first member to the public integrity commission and shall expire four years from that date.

(c) The governor may remove or suspend any member of the commission for cause, upon the filing of a written finding with the commission and upon service of a copy of the written finding on the member removed or suspended; provided that any vacancy due to removal or suspension shall be filled by the respective appointing authority established in subsection (a).

(d) The chairperson of the commission shall be selected by a majority vote of the commission from among its members. The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

(e) Members of the commission shall hold no public office. No member of the commission shall be eligible for appointment to any seat or office appointed by the commission so long as the person is a member of the commission and for a period of one year thereafter. No member shall serve more than a total of eight years.

No member of the commission shall take an active part in political management or in political campaigns; provided that each member shall retain the right to:

(1) Register and vote as the member chooses in any election;

(2) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(3) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(4) Make a financial contribution to a political party or organization;

(5) Perform nonpartisan election duties as an election judge or clerk or in a similar position to perform nonpartisan election duties as prescribed by law; and

(6) Otherwise participate fully in public affairs, except as prohibited by law, in a manner that does not materially compromise the member's efficiency or integrity as a commission member or the neutrality, efficiency, or integrity of the commission.

A member of the commission may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section.

(f) Members of the commission shall receive no compensation but shall be reimbursed for any necessary and reasonable expenses incurred in the performance of their duties, including travel expenses.

§ -4 Commission duties and responsibilities. In addition to any other powers and duties provided by law, the public integrity commission shall:

(1) Appoint:

(A) The members of the state ethics commission as provided by section 84-21;

(B) The chief election officer as provided by section 11-1.6; and

(C) The members of the campaign spending commission pursuant to section 11-192;

(2) Develop and implement an elections review program, review the operation of elections, and evaluate the performance of the chief elections officer to ensure the fair and efficient administration of elections;

(3) Administer the agencies and commissions consolidated within the office of public integrity as provided by section -5;

(4) To the extent practicable, consolidate, coordinate, and streamline the functions of the office of elections, campaign spending commission, state ethics commission, and office of the ombudsman to increase interagency communication and support, and maximize the efficient and effective delivery of services;

(5) Formulate and recommend policies to the legislature to:

(A) Increase the integrity of public organizations, programs, and personnel;

(B) Maximize public accountability of public organizations, programs, and personnel; and

(C) Enhance efficiency in the delivery of services and the performance of the duties of agencies consolidated within the office of public integrity;

(6) Coordinate and consolidate the publication and distribution of office of public integrity pamphlets and circulars, production of seminars and workshops, and administration of meetings, and any other means of providing information that educates and informs government personnel, government officers, and the public in furtherance of the objectives of this chapter and those of the agencies and commissions consolidated under this chapter;

(7) Adopt, amend, and repeal any rules not inconsistent with this chapter that the commission deems appropriate for the carrying out of this chapter and the efficient administration thereof. The rules, when adopted as provided in chapter 91, shall have the force and effect of law; and

(8) Enter into contracts with qualified persons to assist the commission in effectuating the purposes of this chapter.

§ -5 Administrative supervision. An office or commission placed within the office of public integrity for administrative purposes shall in addition to other duties provided by law, be subject to the following provisions except as otherwise specifically provided by law:

(1) The public integrity commission shall represent the office or commission in communications with the governor and with the legislature;

(2) The financial requirements from state funds of the office or commission shall be submitted through the public integrity commission and included in the budget for the public integrity commission;

(3) All rules and regulations adopted by the office or commission shall be subject to the approval of the public integrity commission;

(4) The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the office or commission shall be determined by the office or commission subject to the approval of the public integrity commission and to applicable personnel laws;

(5) All purchases of supplies, equipment, or furniture by the office or commission shall be subject to the approval of the public integrity commission;

(6) The public integrity commission shall have the power to allocate the space or spaces available to the office of public integrity which are to be occupied by the office or commission;

(7) Any quasi-judicial functions of the office or commission shall not be subject to the approval, review, or control of the head of the department; and

(8) Except as set forth hereinabove, the head of the department shall not have the power to supervise or control the office or commission in the exercise of its functions, duties, and powers."

SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by amending the definition of "chief election officer" to read as follows:

""Chief election officer", the individual appointed by the [elections appointment and review panel] public integrity commission pursuant to section 11-1.6 to supervise state elections."

SECTION 4. Section 11-1.5, Hawaii Revised Statutes, is amended to read as follows:

"§11-1.5 Office of elections established. (a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the [department of accounting and general services] office of public integrity for administrative purposes. The chief election officer shall be the administrator of the office of elections. Except for exercising the right to vote, the full-time employees of the office of elections shall not support, advocate, or aid in the election or defeat of any candidate for public office.

(b) The office of elections shall provide staff support to the [elections appointment and review panel,] public integrity commission as requested by the [panel.] public integrity commission."

SECTION 5. Section 11-1.6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The chief election officer shall be appointed by the [elections appointment and review panel,] public integrity commission without regard to chapter 76. The appointment shall not be subject to the advice and consent of the senate. In the event of a vacancy, the [panel] public integrity commission shall meet expeditiously to select and appoint a new chief election officer to serve the remainder of the unexpired term."

2. By amending subsections (e) through (g) to read:

"(e) The chief election officer shall be paid [a salary set at the maximum salary payable to deputies or assistants to department heads as established by section 26-53.] $77,966 a year.

(f) The chief election officer may petition the [panel] public integrity commission for reappointment. The [panel] public integrity commission may reappoint an incumbent chief election officer based on the performance evaluation of the chief election officer conducted by the [panel.] public integrity commission. The [panel] public integrity commission may authorize the chief election officer to hold office until a successor is appointed.

(g) The chief election officer may be removed by the [panel] public integrity commission at any time for good cause."

SECTION 6. Section 11-2.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-2.7[]] Elections review program. The [elections appointment and review panel] public integrity commission shall develop and implement an elections review program, the purposes of which shall be to:

(1) Establish performance standards for the operation of elections and the performance of the chief election officer. The performance standards shall provide the criteria by which the operation of elections and the performance of the chief election officer will be evaluated;

(2) Review the operation of elections and the performance of the chief election officer;

(3) Make recommendations to the chief election officer on methods to improve the operation of elections;

(4) Establish policies for the administration of an elections observer program, to include ensuring the validity and reliability of election results;

(5) Conduct a biennial performance evaluation of the operation of elections and the performance of the chief election officer;

(6) Submit the findings and recommendations from the biennial performance evaluation to the legislature, not less than twenty days prior to the convening of each regular session held in odd-numbered years; and

(7) Adopt rules in accordance with chapter 91 to carry out the purposes of this section."

SECTION 7. Section 11-192, Hawaii Revised Statutes, is amended to read as follows:

"§11-192 Campaign spending commission. There is established a campaign spending commission. The commission shall consist of five members of the general public, appointed by the [governor] public integrity commission from a list of ten nominees submitted by the judicial council. The judicial council may solicit applications for the list of nominees through community organizations and advertisements in any newspaper of general circulation. Any vacancies in the commission shall be filled by the [governor] public integrity commission with a member from the list of nominees or by reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34.

The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five.

[Notwithstanding section 26-34, these appointments shall not be subject to senatorial confirmation.] The term of the commissioners shall be four years, except that the terms of the initial commissioners shall be [two]:

(1) Two years for two commissioners[, three];

(2) Three years for two other commissioners; and [four]

(3) Four years for the chairperson,

as determined by the [governor.] public integrity commission.

The commissioners shall serve without compensation but they shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties. The commission shall be placed within the [department of accounting and general services] office of public integrity for administrative purposes."

SECTION 8. Section 84-21, Hawaii Revised Statutes, is amended to read as follows:

"§84-21 State ethics commission established; composition. (a) There is established within the [office of the auditor] office of public integrity for administrative purposes [only] a commission to be known as the state ethics commission. The commission shall consist of five members appointed by the [governor] public integrity commission from a panel of ten persons nominated by the judicial council. Each member of the state ethics commission shall be a citizen of the United States and a resident of the State. Members of the state ethics commission shall hold no other public office.

(b) The chairperson of the state ethics commission shall be elected by the majority of the members of the commission. The term of each member of the commission shall be for four years. No person shall be appointed consecutively to more than two terms as a member of the commission. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment, except that the judicial council shall nominate for [gubernatorial] appointment two persons for a vacancy.

(c) No member of the commission shall hold office for more than one hundred and twenty days after the expiration of the member's term. If the [governor] public integrity commission fails to appoint a person to a vacant office within sixty days after receipt of the list of nominees from the judicial council, the council shall select a person from its list of nominees to fill the vacant office, notwithstanding subsection (b) and section 26-34 to the contrary.

(d) The [governor] public integrity commission may remove or suspend any member of the state ethics commission upon the filing of a written finding with the state ethics commission, and upon service of a copy of the written finding on the member to be removed or suspended."

SECTION 9. Section 96-2, Hawaii Revised Statutes, is amended to read as follows:

"§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established[.] within the office of public integrity for administrative purposes. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed but may not serve for more than three terms. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.

No person may serve as ombudsman within two years of the last day on which the person served as a member of the legislature, or while the person is a candidate for or holds any other state office, or while the person is engaged in any other occupation for reward or profit. Effective January 1, 1989, and January 1, 1990, the salary of the ombudsman shall be $81,629 and $85,302 a year, respectively. The salary of the ombudsman shall not be diminished during the ombudsman's term of office, unless by general law applying to all salaried officers of the State.

If the ombudsman dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the ombudsman becomes the acting ombudsman until a new ombudsman is appointed for a full term."

SECTION 10. Section 96-16, Hawaii Revised Statutes, is amended to read as follows:

"§96-16 Annual report. The ombudsman shall, upon consultation and cooperation with the office of public integrity, submit to the legislature and the public an annual report discussing the ombudsman's activities under this chapter."

SECTION 11. Section 11-2.5, Hawaii Revised Statutes, is repealed.

["§11-2.5 Elections appointment and review panel established; composition; term; removal; operations. (a) Notwithstanding any law to the contrary, there is established an elections appointment and review panel, consisting of five members who shall select and appoint the chief election officer; review the operation of elections; evaluate the performance of the chief election officer as required by section 11-2.7; and perform such other duties as may be required by law.

(b) The members of the elections appointment and review panel shall be appointed as follows:

(1) One member to be appointed by the president of the senate;

(2) One member to be appointed by the speaker of the house of representatives;

(3) One member to be appointed by the minority leader of the senate;

(4) One member to be appointed by the minority leader of the house of representatives; and

(5) One member to be selected with the governor's complete discretion.

The appointments shall not require the advice and consent of the senate.

(c) The term of each member shall be six years; provided that:

(1) The first term for the members appointed by the president of the senate, the minority leader of the house of representatives, and the governor, shall be six years and shall commence upon the appointment of the first member to the elections appointment and review panel and shall expire six years from that date, and

(2) The first term of the remaining members shall be four years and shall commence upon the appointment of the first member to the elections appointment and review panel and shall expire four years from that date.

No person shall be appointed consecutively to more than two terms as a member of the panel. Vacancies shall be filled for the remainder of any unexpired term in the same manner as the original appointment. Any member of the panel whose term has expired and who is not disqualified for membership may continue in office as a holdover member until a successor is appointed; provided that a holdover member shall not hold office for more than six months after expiration of the member's term of office.

(d) The governor may remove or suspend any member of the panel for cause, upon the filing of a written finding with the panel and upon service of a copy of the written finding on the member removed or suspended; provided that any vacancy due to removal or suspension shall be filled by the respective appointing authority established in subsection (b).

(e) The chairperson of the panel shall be selected by a majority vote of the panel from among its members. The panel shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

(f) The members of the panel shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties.

(g) No panel member shall be eligible for appointment as chief election officer so long as the person is a member of the elections appointment and review panel and for a period of one year thereafter.

(h) The elections appointment and review panel shall be placed within the department of accounting and general services for administrative purposes."]

SECTION 12. Section 11-2.6, Hawaii Revised Statutes, is repealed.

["[§11-2.6] Elections appointment and review panel; political activities. (a) No panel member shall take an active part in political management or in political campaigns.

(b) Each panel member shall retain the right to:

(1) Register and vote as the panel member chooses in any election;

(2) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(3) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(4) Make a financial contribution to a political party or organization;

(5) Serve as an election judge or clerk or in a similar position to perform nonpartisan election duties as prescribed by law; and

(6) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the panel member's efficiency or integrity as a panel member or the neutrality, efficiency, or integrity of the elections appointment and review panel.

(c) A panel member may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics or this section."]

SECTION 13. All rights, powers, functions, and duties of the office of elections, campaign spending commission, state ethics commission, and office of the ombudsman are transferred to the office of public integrity.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval; provided that sections 3 through 13 shall take effect on January 1, 2005.

INTRODUCED BY:

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