HomeMy WebLinkAboutEthicsGuide_forCounty_2010
A Guide
to Ethical Issues
in the
Kaua‘i County Government
This handbook should serve as a guide to help you understand the requirement for ethical
practices in our Kaua’i government. It can also help you avoid ethical mistakes and can
help you recognize unfair situations that may be occurring to you or others.
Remember, this is only a summary of the laws and regulations. Please refer to the listed
sources to read the ethics laws in their entirety.
Published August 2004 by t he County of Kaua‘i Board of Ethics, this Guide was u pdated
in 2010 and is distributed to employees of the County of Kaua‘i and is also a vailable to
the general public.
For more information, contact the Board of Ethics at the Office of Boards and
Commiss ions , 4444 Rice Street, Suite 150, Līhu'e, HI 96766. Fax: (808) 241 -5127
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TABLE OF CONTENTS
P age
I. Where do I find the ethics code? 1
II. Where can I get advice on an ethical issue? 2
III. Examples of ethical issues
a. Gifts 3
b. Confidential Information 4
c. Conflict of Interest 5
d. Assistance Before County Agencies 6
e. Fair Treatment 8
f. Disclosures 9
IV. Penalties for violations of the Ethics Code 9
Appendices:
County of Kaua‘i Charter (Article XX) 10
Code of Ordinance (Chapter 3, Article 1) 1 3
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I. Where do I find the Ethics Code?
Kaua`i has a code of ethics to provide guidelines for implementing best practices in the
daily operation of our County government. The code of ethics applies to every
nominated, appointed o r elected officer or employee of the County of Kaua`i, including
members of boards, commissions and committees. A seven -member Board of Ethics
oversees and advises on all code of ethics business. The code of ethics is governed by and
applies solely to the laws in the following:
1. The Kaua’i County Charter, Chapter XX
2. The Internal Kaua’i County Regulations, Standards of Conduct, Chapter 3,
Article 1
3. The Mayor’s Executive Decisions, written by the Mayor to the County
employees. Executive Decisions are distrib uted to employees and then placed
on file in the Personnel Office. All Executive Decisions remain in effect
unless they are rescinded by the current Mayor.
In summary, these laws pertain to: conflicts of interests, disclosures, contracts, gifts,
confident ial information, restrictions on post employment, violations, penalties, and fair
treatment (only as it relates to the aforementioned topics). The code of ethics is not
applicable to any issue outside of these laws (such as, but not limited to, human resou rce
law).
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II . Where can I get advice on an ethical issue?
You can contact the Kaua’i Board of Ethics through the Kaua’i Personnel Department or
through the Office of Boards and Commissions . You will be asked to put your concerns
in writing and to have your signature notarized (this avoids the problem of having
someone else using your name to submit a question.) The Board of Ethics will review all
submissions and reply.
All initial submissions remain confidential. However, if the Board of Eth ics determines
that there appears to be a violation of an ethical code, the situation may require a hearing
where the accused party has an opportunity to respond to the allegation. At this time, it
may not be possible to keep your name anonymous.
The Boar d of Ethics is made up of seven volunteer citizens from Kaua‘i. These people
are appointed by the Mayor and approved by the County Council for a three year term.
Generally, the Board of Ethics meets once a month to review cases.
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EXAMPLES
GIFTS :
Internal County Regulations, Article 1, Section 3 -1.4 , & County of Kaua’i Charter,
Article XX, Section 20 -02 -A :
No officer or employee of the county shall: “Solicit, accept or receive, directly or
indirectly, any gift, whether in the form of money, servi ce, loan, travel, entertainment,
hospitality, thing or promise, or in any other form, under circumstances in which it can
reasonably be inferred that the gift is intended to influence him in the performance of his
official duties or is intended as a reward for any official action on his part.”
Example: A police officer pulls a victim out of a burning car at a Kaua’i intersection.
The family is so grate ful that they want to give the police o fficer a check
in appreciation.
Finding: Employees of the Police an d Fire Department cannot accept the gift since
the saving of a victim is considered to be an “official action” required by
his job duty.
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CONFIDENTIAL INFORMATION :
Internal County Regulations, Article 1, Section: 3 -1.5 & County of Kaua’i Ch arter,
Article XX, Section 20.02 -B :
No officer or employee of the County shall “disclose information which, by law or
practice, is not available to the public and which he/she acquires in the course of his
official duties or use such information for his pe rsonal gain or for the benefit of anyone.”
Example: Andrew works in the county’s Personnel Office. His office keeps a list of all
the county’s employees, including their home addresses and phone numbers.
Andrew is supporting a friend who is running for p ublic office. He wants to
help his friend get elected. He knows he cannot campaign at his office. So,
he makes a copy of this list of addresses and phone numbers of all of the
county’s employees and mails the list to his friend’s campaign manager. His
friend’s campaign manager mails out brochures soliciting votes. Andrew
follows up the mailings with a personal phone call to persuade people to vote
for his friend. If anyone says anything, Andrew feels he could tell people that
he got all the addresses and phone numbers from the telephone book.
Finding: Andrew is in violation of the Code of Ethics. He may not disclose or use
confidential information, acquired in the course of his duties as a county
employee, for personal gain or for the benefit of oth ers.
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CONFLICT OF INTEREST :
Internal County Regulations, Article 1, Section 3 -1.7 & County of Kaua’i Charter,
Article XX, Section 20.02 -C
No officer or employee of the County shall “acquire financial interest in business
enterprises which he m ay be directly involved in official action to be taken by him.”
Example: A county employee’s job is an Electrical Inspector, inspecting electrical
construction work.
Finding: While in county employment, this county employee should not acquire an
interest i n any electrical contractor business that does work on the island of
Kauai. If he already has an interest in such business, he should disqualify
himself from inspecting any of their work and have someone else in the
department do the inspecting.
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A SSISTANCE BEFORE COUNTY AGENCIES :
Internal County Regulations, Article 1, Section 3 -1.7 & County of Kaua’i Charter,
Article XX, Section 20.02 -D:
“No officer or employee of the County shall appear on behalf of private interests before
any cou nty board, commission or agency.”
Example: A county employee is approached by a large land developer to represent
the developer’s interest before the Planning Commission.
Finding: The employee may not appear before any Board or Commission on behalf of a
pr ivate party.
Note: The Board of Ethics, in its interpretive rules, provides the following definitions:
Rule 1: General Provisions
1.1 Purpose
These rules are intended to provide clarity as to the interpretation of Article XX of the Charter.
1.2 Compliance with Section 20.02D. Section 20.02D states: “No officer or employee of the
County shall appear in behalf of private interests before any County board, commission or
agency.” The following definitions shall apply to the interpretation Charter section:
a) Officer – the term “officer” shall include the following: (1) Mayor and members of the council;
(2) Any person appointed as administrative head of any agency of the county or as a member of
any board or commission; (3)The first deputy appoint ed by the administrative head of any
department; and (4) Deputies of the county attorney. It clarifies that while the definition includes
members of County (and not State) boards and commissions, it does not include members of
County or State sanctioned A dvisory Committees/Boards which are not authorized under the
Charter.
b) Employee – the term “employee” shall mean any person, except an officer, employed by the
county or any department thereof
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c) Appear – the term “appear” shall mean the providing of oral or written testimony at a publicly
noticed meeting or hearing of a board, commission, council or agency. Written or oral
communication with agencies outside of a publicly noticed meeting or hearing shall not constitute
an appearance. This interpr etation shall not prohibit:
1. An individual’s right to testify at a meeting or hearing of a county board, commission or
agency regarding his or her personal opinions.
2. An individual’s right to appear in a matter that involves only ministerial action by a
department, such as applying for a driver’s license, building permit, water meter, or
filing a police report.
3. An individual’s right to represent himself personally or appear before any agency to
petition for redress of grievances caused by any off icial act or action affecting such
person’s or such person’s immediate family’s rights, privileges, or property, including
real property. For the purposes of this section, “immediate family” means the person’s
parents, siblings, spouse or children.
4. An officer’s or employee’s business or professional partner’s or associate’s right to
practice or appear before a County agency, provided, however, the officer or employee
shall not participate in any discussion, decision -making or vote on the related matter .
d) In behalf of – the term “in behalf of” shall mean representation of a third party (not the
individual himself), however, a partnership, corporation, or limited liability company, even if
partially or wholly owned by the individual, shall be consider ed a third party.
e) Private interests – the term “private interests” shall mean all persons and entities other than
governmental bodies.
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FAIR TREATMENT :
Internal County Regulations, Article 1, Section 3 -1.6 & County of Kaua’i, Arti cle
XX, Section 20.02 -E :
A. No officer or employee of the County shall use or attempt to use his official position
to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment
for himself or others, including but not limited to the following:
1. Seeking other employment or contract for services for himself by the use or
attempted use of his office or position.
2. Accepting, receiving, or soliciting compensation or other consideration for the
performance of his official duties or res ponsibilities except as provided by law.
3. Using County time, equipment or other facilities for private business purposes.
4. Soliciting, selling or otherwise engaging in a substantial financial transaction
with a subordinate or person or business whom he inspe cts or supervises in his
official capacity.
Example: A County Council member puts pressure on the Planning Commission to re -
zone his mother’s residential property so she can use the property for a
commercial development.
Finding: No councilperson or employ ee may use their official position to gain
unwarranted advantages.
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D ISCLOSURES :
Internal County Regulations, Article 1, Section 3 -1.9 & County of Kaua’i Charter,
Article XX, Section 20.04 :
“The mayor, councilpersons, all department heads and deputie s, members of boards and
commissions and the purchasing agent shall, within thirty (30) days of assuming office,
file with the Board of Ethics a list of all real property within the County in which he has
any right, title or interest; a list of all busines s firms which contract for County business
in which he has any interest; all places of employment, including part -time employment;
and all sources and amounts of income, business ownership, officer and director
positions, debts, creditor interests in insol vent businesses and the names of persons
represented before government agencies.
IV. Penalties for violations of the Ethics Code
Internal County Regulations, Article 1, Section 3 -1.11 & County of Kaua’i Charter,
Article XX, Section 20.04 -C:
“In additi on to any other penalty provided by law” includes:
1. voiding any contracts or County action that the County may have entered during
the violation,
2. recovering any fee, compensation, gift or profit received during the violation
and could include a fine,
3. suspe nsion or removal from office or employment.
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KAUAI COUNTY CHARTER
ARTICLE XX
The following is an unofficial copy of Article XX, Kaua‘i County Charter. Amendments may have
been made to the Kaua‘i County Charter after publication of this manual. To o btain an up -dated
edition of the County Charter contact the County Clerk’s Office at 241 -4188.
Section 20.01. Standards of Conduct . In order to establish a high standard of integrity and morality in
government service, a code of ethics is hereby establis hed.
Section 20.02. No officer or employee of the county shall:
A. Solicit, accept or receive, directly or indirectly, any gift, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise or in any other form, un der
circumstances in which it can reasonably be inferred that the gift is intended to influence him in the
performance of his official duties or is intended as a reward for any official action on his part.
B. Disclose information which, by law or practi ce, is not available to the public and which
he acquires in the course of his official duties or use such information for his personal gain or for the
benefit of anyone.
C. Acquire financial interest in business enterprises which he may be directly invo lved in
official action to be taken by him.
D. Appear in behalf of private interests before any county board, commission or agency.
E. Use his official position to secure a special benefit, privilege or exemption for himself or
others.
F. Use coun ty property for other than public activity or purpose.
Section 20.03. Contracts .
A. The county shall not enter into any contract with an officer or employee or with a firm in
which an officer or employee has a substantial interest involving services or property of a value in
excess of $500.00 unless the contract is made after competitive bidding.
B. The county shall not enter into a contract with any person or firm which is represented or
assisted personally in the matter by a person who has been a n employee of the agency within the
preceding six months and who participated while in county employment with the subject matter of
the contract.
C. This section shall not apply to personal employment contract.
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Section 20.04. Disclosure .
A. The mayor, councilpersons, all department heads and deputies, members of boards and
commissions and the purchasing agent shall, within thirty (30) days of assuming office, file with the
board a list of all real property within the county in which he has any ri ght, title or interest, a list of
all business firms which contract for county business in which he has any interest, and all their places
of employment, including part -time employment, all sources and amounts of income, business
ownership, officer and dir ector positions, debts, creditor interests in insolvent businesses and the
names of persons represented before government agencies. Amendments to the list, including
additions, deletions or changes in title, interest in property or of employment, shall be made within
thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record.
B. Any elected official, appointed officer, employee, or any member of a board or
commission who possesses or acquires such interest as might reasonably tend to create a conflict
with his duties or authority, or who is an owner, officer, executive director or director of an
organization, or whose member of his immediate family, which includes parents, siblings, spouse or
children, is an owner, o fficer, executive director or director of an organization in any matter pending
before him shall make full disclosure of the conflict of interest and shall not participate in said
matter.(Amended 1976, 1980, 2006, 2008)
C. Penalties.
(1) Any violatio n of any of the provisions of this section shall, at the option of the director of
finance, render forfeit and void the contract, work, business, sale or transaction affected.
(2) Any violation of any of the provisions of this section shall constitute c ause for fine,
suspension or removal from office or employment.
D. The council shall, by ordinance, adopt and may, from time to time, revise and amend
such complementary provisions as may be necessary to supplement the code of ethics.
E. The mayor, t he council and the board of ethics shall be responsible for the enforcement of
provisions of this article.
Section 20.05. Board of Ethics . There shall be a board of ethics.
A. The board shall consist of seven members. (Amended 2006)
B. The board sh all annually select a chairman and a secretary from among its members and
shall adopt rules necessary for the conduct of its meetings.
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C. The board shall meet at the call of the chairman or of a majority of its members. A
majority of the membersh ip shall constitute a quorum for the conduct of business, and the affirmative
vote of at least a majority shall be necessary to take any action.
D. It shall be the function of the board:
(1) To initiate, receive, hear and investigate complaints of vi olations of the code of ethics
and to transmit its findings to the council as to complaints involving county officers and to the civil
service commission as to employees. It may also, on its own, file impeachment proceedings in the
circuit court.
(2) To render advisory opinions or interpretations with respect to application filing and
request. All requests for advisory opinions shall be answered within thirty (30) days of its filing and
failure to submit an advisory opinion within said thirty (30) days s hall be deemed a finding of no
breach of the code.
(3) To prescribe a form for the disclosure provided in this section and to implement the
requirements of the disclosure provisions.
(4) To examine all disclosure statements filed and to comment on or advise corrective action
to any matters that may indicate a conflict of interest. (Amended 1976)
(5) To propose revisions of the code to assure its effectiveness.
E. In the course of its investigations, the board shall have the power to administer o aths and
subpoena witnesses and to compel the production of books and papers pertinent thereto.
F. All hearings on complaints shall be closed to the public. Only findings of violations shall
be referred to the council or the civil service commission. Up on referral to the council or civil service
commission, the violations shall be treated as any other similar item of council or civil service
commission business.
G. If any officer or employee, or former officer or employee, shall obtain an advisory
opi nion from the board and shall govern himself accordingly, or shall act in accordance with the
opinions of the board, he shall not be held guilty of violating any of the provisions of the code.
H. Cooperations. The council and mayor shall cooperate and provide financing and
personnel help required by the commission in the performance of its duties.
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KAUAI COUNTY CODE
CHAPTER 3, ARTICLE 1
CODE OF ETHICS
The following is an unofficial copy of Chapter 3, Article 1, Kaua‘i County Code. Amendments may
have been made to the Code of Ordinances after publication of this manual. To obtain an up -dated
edition of the County Code contact the County Clerk’s Office at 241 -4188.
Article 1. Code Of Ethics
Sec. 3 -1.1 Construction
Sec. 3 -1.2 Applicability
Se c. 3 -1.3 Definitions
Sec. 3 -1.4 Gifts
Sec. 3 -1.5 Confidential Information
Sec. 3 -1.6 Fair Treatment
Sec. 3 -1.7 Conflicts Of Interest
Sec. 3 -1.8 Contracts
Sec. 3 -1.9 Requirements Of Disclosure
Sec. 3 -1.10 Restrictions On Post Employment
Sec. 3 -1.11 Violati on; Penalties
Section 3 -1.1. Construction .
This Article shall be liberally construed to promote high standards of ethical conduct in
County government. (Section 3 -1.1, R.C.O. 1976)
Section 3 -1.2. Applicability .
This Article shall apply to every nomi nated, appointed, or elected officer or employee of the
County of Kaua‘i including members of boards, commission, and committees. (Section 3 -1.2, R.C.O.
1976)
Section 3 -1.3 Definitions .
When used in this Article the following words or phrases shall have the meaning given in
this Section unless it shall be apparent from the context that a different meaning is intended:
(1)“Business” includes a corporation, a partnership, a sole proprietorship, a trust or
foundation, or any other individual or organization carrying on a business, whether or not operated
for profit.
(2)“Compensation” means any money, thing of value, or economic benefit conferred on or
received by any person in return for services rendered or to be rendered by himself or another.
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(3)“Controlling Interest” means an interest which is sufficient in fact to control, whether the
interest be greater or less than fifty per cent (50%).
(4)“Employee” means any nominated, appointed or elected officer or employee of the
county including members of boards, commissions and committees and employees under contract to
the County, but excluding Councilmen.
(5)“Employment” means any rendering of services for compensation.
(6)“Financial Interest” means an interest held by an individual, his spouse or hi s minor
children. A divorce or separation between spouses shall not terminate any relationship which is:
(A) An ownership in a business.
(B) A creditor interest in an insolvent business.
(C) An employment, or prospective employment for which negotiatio ns have
begun.
(D) An ownership interest in real or personal property.
(E) A loan or other debtor interest.
(F) A directorship or officership in a business.
(7) “Official Act” or “Official Action” means a decision, recommendation, approval,
disapproval, or other action, including inaction, which involves the use of discretionary authority.
(8) “Official Authority” includes administrative or legislative powers of decision,
recommendation, approval, disapproval or other discretionary action.
(9) “County Ag ency” includes the County, the Council and its committees, all executive
departments, boards, commissions, committees, bureaus, offices and all independent commissions
and other establishments of County government. (Section 3 -1.3, R.C.O. 1976)
Section 3 -1.4 Gifts .
(a) No councilman or employee of the County shall solicit, accept, or receive directly or
indirectly any gift, whether in the form of money, service, loan, travel, entertainment, hospitality,
thing or promise, or in any other form, under circu mstances in which it can reasonably be inferred
that the gift is intended to influence him in the performance of his official duties or is intended as a
reward for any official action on his part. (Section 20.02, Art. XX, Charter; Section 25, C.O. 1971;
Se ction 3 -1.4, R.C.O. 1976)
(b) The prohibition against gifts in Section 3 -1.4 (a) shall not apply to:
(1) An occasional non -pecuniary gift, insignificant in value, or
(2) An award publicly presented in recognition of public service, or
(3) Any gi ft which would have been offered or given to him if he were not an
official or employee. (Section 3 -1.4, R.C.O. 1976)
Section 3 -1.5 Confidential Information .
No councilman or employee of the County shall disclose information which by law or
practice is not available to the public and which he acquires in the course of his official duties, or use
the information for his personal gain or for the benefit of anyone. (Section 20.02, Art. XX, Charter;
Section 3 -1.5, R.C.O. 1976)
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Section 3 -1.6 Fair Treatme nt .
No councilman or employee of the County shall use or attempt to use his official position to
secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment for himself or
others, including but not limited to the following:
(1) Seeking other employment or contract for services for himself by the use or
attempted use of his office or position.
(2) Accepting, receiving, or soliciting compensation or other consideration for the
performance of his official duties or responsib ilities except as provided by law.
(3) Using County time, equipment or other facilities for private business purposes.
(4) Soliciting, selling, or otherwise engaging in a substantial financial transaction
with a subordinate or person or business whom h e inspects or supervises in his official capacity.
Nothing in this Article shall be construed to prohibit a councilman from introducing bills and
resolutions, serving on committees or from making statements or taking action in the exercise of his
legisla tive functions. Every councilman shall file a full and complete public disclosure of the nature
and extent of the interest or transaction which he believes may be affected by legislative action in
compliance with the disclosure requirements of Section 3 -1 .9 (Section 20.01, Art. XX, Charter;
Section 25, C.O. 1971: Section 3 -1.6, R.C.O. 1976)
Section 3 -1.7 Conflicts of Interest .
(a) No employee shall take any official action directly affecting:
(1) A business or other undertaking in which he has a substa ntial financial interest;
or
(2) A private undertaking in which he is engaged as legal counsel, advisor,
consultant, representative, or other agency capacity.
Except that a department head who is unable to disqualify himself on any matter
described in items (1) and (2) of this section, will not be in violation of this Subsection if
he has complied with the disclosure requirements of Section 3 -1.9; and
Except that a member of a board, commission or committee, whose participation is
necessary in order t o constitute a quorum to conduct official business 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 3 -1.9.
(b) No councilman or employee shall ac quire 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 councilman or employee shall assist any person or business or act in a representative
capac ity before any County agency for a contingent compensation in any transaction involving the
County.
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(d) No councilman or employee shall assist any person or business or act in a representative
capacity for a fee or other compensation to secure p assage of a bill or to obtain a contract, claim, or
other transaction or proposal in which he has participated or will participate as a councilman or
employee, nor shall he assist any person or business or act in a representative capacity for a fee or
othe r compensation on a bill, contract, claim or other transaction or proposal before the Council or
agency of which he is an employee or councilman.
(e) No employee shall assist any person or business or act in a representative capacity before
a 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 County agency
unless he has complied with the disclosure requirements of Section 3 -1.9. (Section 20.01, Art. XX,
Charter; Section 25, C.O. 1971; Section 3 -1.7, R.C.O. 1976)
Section 3 -1.8 Contracts .
(a) A County agency shall not enter into any contract with a councilman or an employee or
with a business in which a councilman or an em ployee has a controlling interest, involving services
or property of a value in excess of five hundred collars ($500), unless the contract is made after
competitive bidding.
(b) A County agency shall not enter into a contract with a person or business whic h is
represented or assisted personally in the matter by a person who has been an employee of the agency
within the preceding six (6) months and who participated while in County office or employment in
the matter with which the contract is directly concern ed.
(c) This section shall not apply to a personal contract of employment with the County.
(Section 20.03, Art. XX, Charter; Section 3 -1.8, R.C.O. 1976)
Section 3 -1.9 Requirements and Disclosure .
(a) The mayor, councilpersons, all department heads and de puties, members of boards and
commissions and the purchasing agent shall, within thirty (30) days of assuming office, file with the
Board of Ethics a list of all real property within the County in which he has any right, title or interest;
a list of all bu siness firms which contract for County business in which he has interest; all places of
employment, including part -time employment; and all sources and amounts of income, business
ownership, officer and director positions, debts, creditor interests in inso lvent businesses and the
names of persons represented before government agencies. Amendments to the list, including
additions, deletions or changes in title, interest in property or of employment, shall be made within
thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record.
(b) All candidates for elective office shall, within seven (7) days of filing nomination papers,
file with the Board of Ethics a list of all real property within the County in which he has any ri ght,
title or interest; a list of all business firms which contract for County business in which he has any
interest; all places of employment, including part -time employment; and all sources and amounts of
income, business ownership, officer and director positions, debts, creditor interests in insolvent
businesses and the names of persons represented before government agencies. Amendments to the
list, including additions, deletions or changes in title, interest in property or of employment shall be
made w ithin seven (7) days of the occurrence of the amendment. The list shall be a matter of public
record.
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(c) The Board of Ethics shall prescribe the form or forms to be executed and shall fix the
date when the initial disclosure must be filed.
(d) Any Cou ncilman who has a financial interest in any proposed legislation before the
council shall disclose on the record of the council the nature and extent of the interest.
(e) Any employee who has a financial interest in any proposed legislative action of the
c ouncil and who participates in discussion with or gives an official opinion or recommendation to the
council shall disclose on the record of the council the nature and extent of the interests.
(f) In addition to the non -compulsory meetings that can be call ed by the chairman or by a
majority of the Board of Ethics there shall be one (1) compulsory meeting of the Board of Ethics that
shall be held annually on a date designated by the Board of Ethics for the purpose of reviewing and
verifying all disclosure fo rms to insure that they have been kept current and that any modifications
thereon have been duly recorded.
(g) Any violation of any of the provisions of this section shall, at the option of the Director
of Finance, render forfeit and void the contract, wor k, business, sale or transaction affected. Any
violation of any of the provisions of this section shall constitute cause for fine, suspension or removal
from office or employment. (Ordinance No. 142, May 7, 1969; Section 25 C.O. 1971; Section 3 -1.9,
R.C.O . 1976; Ordinance No. 387, June 26, 1980)
Section 3 -1.10 Restrictions On Post Employment .
(a) No former councilman or employee shall, within six (6) months after termination of his
employment, assist any person or business or act in a representative capa city for a fee or other
consideration, on matters in which he participated as a councilman or employee.
(b) No former councilman or employee shall, within six (6) months after termination of his
employment, assist any person or business or act in a represe ntative capacity for a fee or other
consideration, on matters involving official action by the particular county agency or subdivision
thereof with which he had actually served.
(c) This Section shall not prohibit any agency from contracting with a former councilman or
employee to act on a matter on behalf of the County within the period of limitations stated herein,
and shall not prevent that councilman or employee from appearing before any agency in relation to
that employment. (Section 3 -1.10, R.C.O. 197 6)
Section 3 -1.11 Violation; Penalties .
(a) In addition to any other penalty provided by law, any contract entered into by the County
in violation of this Article is voidable on behalf of the County at the option of the Director of
Finance, provided that in any action to avoid a contract pursuant to this Section the interests of third
parties who may be damaged thereby shall be taken into account, and the action to void the
transaction is initiated within sixty (60) days after the determination of a viola tion under this Article.
The County Attorney shall have the authority to enforce this provision.
(b) Any favorable county action obtained in violation of any of the standards for councilmen
or employees is voidable in the same manner as voidable contracts as provided for under Section 3 -
1.11 (a); and the County be the County Attorney may pursue all legal and equitable remedies
available to it.
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(c) The County Attorney may recover any fee, compensation, gift or profit received by any
person as a result o f a violation of these standards by a councilman or employee or former
councilman or employee. Action to recover under this Subsection (c) shall be brought within two (2)
years of the violation under this Article.
(d) Any violation of any of the provisions of this Article shall constitute cause for fine
suspension or removal from office or employment. (Ordinance No. 142, May 7, 1969; Section 25,
C.O. 1971; Section 3 -1.11, R.C.O. 1976)
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