Bill 160... adding "truthful" to the ethics code?

[HereOnThePrimalEdge]

in the event of a legal challenge... a part unconstitutional...only applies to that part.

Thanks Rob, that makes sense.
A don't throw the baby out with the bathwater clause.

Idiots rule the world, but only when there is a fair vote. - Last Aphorisms

[rainyjim]

I like it, but I am also worried this will result in a blanket "I don't know" for any question asked.

[snorkle]

"Whereas there are numerous County of Hawai'i boards and commissions in need of volunteer members; It is proposed that citizens of said county apply for appointment to the aforementioned entities. Review of commission minutes and schedules demonstrate that considerable less time is used actually making a difference than by spending cumulative hours bitching and moaning online."

[My 2 cents]

"...the proposed law should apply to both politicians and civil servants."

Absolutely, however the politicians would never pass it if it was about them.

Baby steps.

[rainyjim]

How about adding in a section requiring the county to actually do something other than issue a reprimand/warning (if even that) when someone is caught lying - like for example terminating the person's employment.

[Rob Tucker]

I agree that a finding of not being truthful should have a penalty, perhaps a fine, perhaps firing.

[EightFingers]

It’s like asking them to police and possibly punish themselves. Probably will never happen. This has to be done by some outside entity (us or an auditor).
That, or we’re back to the old way of doing it at the ballot box. Of course, that takes a long time and given the apathy of the public.....

I hate to keep saying it but we’re going to have to get off our (collective) rears and get more involved.

[HereOnThePrimalEdge]

It’s like asking them to police and possibly punish themselves.

I think Rob's proposed ethics code could have the same effect as a posted speed limit sign. It might say 55 MPH, most people will drive 60, but it's not often that some idiot completely ignores it and speeds along at 80.

The posted speed limit is largely effective because it's followed by a majority of the people who see it. Just like most people will try to park in between the lines of a parking space. Most people will automatically take their place at the end of the line. Most people will stay to right with a shopping cart, as when they drive a car. For the few who don't, ethics and punishments would have little effect because they don't live by the rules of society the rest of us accept. They will likely get caught breaking some greater law anyway, as that is their habit.

A code of ethics should be a good guidepost for a majority of the people it's directed at.

[Rob Tucker]

Okay folks, mahalo for your input..... here is Draft 2. I am told that a penalties section of the code exists for violations of the code.

DRAFT 2

AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS.

BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:

SECTION 1. The purpose of this ordinance is to add language to specify expectations of truthfulness and honesty among Hawai‘i County elected officials, officers and employees, in the Code of Ethics Article found within Chapter 2 of the Hawai‘i County Code 1983 (2005 Edition, as amended). Elected officials, officers and employees providing direct services or having interactions with members of the public as part of their daily work responsibilities, are expected to be truthful and honest. Accordingly, elected officials, county officers, employees and all members of county sanctioned boards and commissions shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties.

SECTION 2. Chapter 2, article 15, section 2-82 of the Hawai‘i County Code 1983 (2005 Edition, as amended), is amended by adding definitions of “Honesty” and “Truthful” to be placed appropriately and to read as follows: “Honesty is a facet of moral character and is demonstrated through integrity, truthfulness and the absence of lying, cheating and theft. Truthful means stating, telling or expressing accurate and correct facts.”

SECTION 3. Chapter 2, article 15, section 2-83 of the Hawai‘i County Code 1983 (2005 Edition, as amended), is amended by adding a new paragraph (4), to read as follows:

“Section 2-83. Fair treatment.
(a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts:
(1) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent.
(2) No person in a supervisory capacity shall engage in personal or business relationships with subordinates, which might intimidate said subordinates in the discharge of their official duties.
(3) All persons shall be treated in a courteous, fair, and impartial manner.
(4) Elected officials, officers, employees, boards and commissions shall be honest and truthful, when providing services and/or information to members of the public.”

SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 8. This ordinance shall take effect upon its adoption.

[My 2 cents]

I love it that you eliminated the escape clause and included elected officials, boards and commissions. It may have less chance of passing with these inclusions, but it needs them for the bill to be complete. And it will be interesting to see who votes against it.

Thanks for listening. I would vote for you if you ran for public office.