Report Title:

Ethics

Description:

Requires board and commission members to take a leave when seeking employment in the agency over which the board has responsibilities.

THE SENATE

S.B. NO.

3102

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to ethics.

 

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

SECTION 1. The legislature finds that, occasionally, a member of a board or commission may seek employment from the agency over which the board or commission has oversight responsibilities. In such situations, extra care must be taken to ensure fairness in the process of selecting candidates for employment, and maintain public trust and confidence in both the board or commission and the agency.

Once a member of a board or commission announces the member's intention to seek employment from the agency, all rights, duties, and privileges of that person's position as a member should cease, but only for the duration of the employment selection process. This is to avoid conferring any advantage upon the member when seeking employment from the agency that the board or commission oversees.

The purpose of this Act is to require members of a state board or commission to take leave from their membership prior to seeking employment from an agency of which their board or commission has oversight.

SECTION 2. Section 84-14, Hawaii Revised Statutes, is amended to read as follows:

"84-14 Conflicts of interests. (a) No employee shall take any official action directly affecting:

(1) A business or other undertaking in which he has a substantial financial interest; or

(2) A private undertaking in which he is engaged as legal counsel, advisor, consultant, representative, or other agency capacity.

A department head who is unable to disqualify himself on any matter described in items (1) and (2) above will not be in violation of this subsection if he has complied with the disclosure requirements of section 84-17; and

A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which he has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications.

(b) No employee shall acquire financial interests in any business or other undertaking which he has reason to believe may be directly involved in official action to be taken by him.

(c) No legislator or employee shall assist any person or business or act in a representative capacity before any state or county agency for a contingent compensation in any transaction involving the State.

(d) No legislator or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which he has participated or will participate as a legislator or employee, nor shall he assist any person or business or act in a representative capacity for a fee or other compensation on such bill, contract, claim, or other transaction or proposal before the legislature or agency of which he is an employee or legislator.

(e) No employee shall assist any person or business or act in a representative capacity before a state or county agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official action by the agency if he has official authority over that state or county agency unless he has complied with the disclosure requirements of section 84-17.

(f) No member of a board or commission shall seek employment from the agency over which the board or commission has oversight responsibilities unless the member has taken a leave of absence from the board or commission."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________