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I talked to Councilmember Ohara about the opening to change our county ethics code to include a requirement for county employees to be "truthful" or "factual". She would like to see some language that could be used. Looking for simplicity and unambiguous language.
Perhaps the language exists in some other county code somewhere... needs looking into.
So post suggestions here. Let's discuss and edit together.
Current code is here:
http://records.co.hawaii.hi.us/weblink/1...Page1.aspx
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One idea: 2.83 fair representation, e) an officer or employee of county (In any investigatory or adjudicatory matter within the XXX jurisdiction(?), no person subject to this rule shall; (THis should be edited to reflect agency and activity, I suppose)
(1) In any written or oral statement of fact, intentionally provide material factual information that is incorrect or intentionally omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading; and
(2) In any written statement of fact, provide material factual information that is incorrect or omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading without a reasonable basis for believing that any such material factual statement is correct and not misleading.must factually disclose actual or potential taking care not to misrepresent/h
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Lying by county employees shall be considered a fireable offense and misdemeanor under these statutes. This includes fabrication, omission, or failure to admit ignorance. Intentional misrepresentation of statute or authority shall be a felony offense.
[I would put an exception for undercover police work, only for the limited duration of that work, but...]
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Thanks folks, Keep it coming. Good ideas.
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Intentional misrepresentation of statute or authority
Some language about economic impact might help -- I often think the various County misrepresentation is designed to protect business interests by stifling competition.
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Rob,
I made a Google search for:
ethics truth city council code
Surprisingly, while many government bodies have a code of ethics, very few contain the words "truth" or "false" in their published statements.
Here are a few examples from those that did:
Accordingly, all members of City boards, commissions,committees and the City Council (“elected officials and advisory board members”) shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties...
http://www.mesaaz.gov/home/showdocument?id=8314
Officials shall maintain truthfulness and honesty and not compromise themselves for advancement, honor, or personal gain.
...it is incumbent upon Officials to make a good faith effort to address apparent violations of this Code of Ethics.
http://www.kirklandwa.gov/Assets/City+Co...dopted.pdf
However, many councils have rules prohibiting citizens from misleading council members. I suppose these statements could be worded to make it a two way street, that both citizens and council members must speak the truth:
Page 21 of 38
Sec. 2-67. Restricted activities.
(a)
False statements.
A person who lobbies or engages another person to lobby, or any other person acting on behalf of such persons, shall not intentionally or knowingly make any false or misleading statement of fact to any City official, or, knowing a document to contain a false statement, cause a copy of such document to be received by a City official without notifying such official in writing of the truth.
https://www.sanantonio.gov/Portals/0/Fil...csCode.pdf
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Good stuff.
Mahalo...
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It's a bit of a read, but wonder if there's some kind of gem in this that might be used:
https://www.cornellcollege.edu/politics/...rticle.pdf
Rob - have you thought about contacting law or politics professors at UH? They may be happy to give advice and info for free. I would love it if you could make this happen, it'll be a win-win. Bring this up, get it into the news and if the local government rejects the idea of being ethical or truthful then everyone knows for certain how unethical local government is - and then it might become national news. I can't think of a better thing to happen.
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Picking this back up from January...
I met with Council member Ohara and her assistant Barbara Lively several weeks ago and provided her with the Punaweb input on the topic.
Here is the result for review and comment. This is a draft. Before I make my comments I will invite yours. Constructive comments please.
Mahalo,
Rob
DRAFT
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 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 and employees, that provide one on one services to, or conduct one on one interactions with members of the public as part of their daily work responsibilities, are expected to be truthful and honest to the best of their abilities. Accordingly, county officials, 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 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) Officers and employees shall be honest and truthful, to the best of their abilities, 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.
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Isn’t being truthful and factual normally expected? *
Sounds like a law to make lying illegal. How about requiring all government employees to sign an agreement to be truthful before being hired or elected. Have it witnessed and made a part of the public record. Violations would be dismissal up to being held personally liable for any damages. All with due process of course.
*with exception of politicians
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