The County Council hereby declares that in order for democratic
government to operate responsibly, citizens must be afforded the fullest
opportunity to petition their government and to express freely their
opinions on legislation and government operations; that to maintain
the integrity of the county's decision-making process, it is necessary
to identify persons and organizations retained and employed to influence
the passage or defeat of any legislation by the council or to influence
action by the executive branch, and that their expenditures and activities
be publicly and regularly disclosed.
(Ord. No. 999, July 30,
2016)
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 another meaning is intended.
means the proposal, drafting, consideration, amendment, enactment,
or defeat by any administrative agency of any rule, ordinance, or
regulation, or other action governed by Hawai'i Revised Statutes (HRS)
Section 91-3.
means a commission, board, agency, or other body, or official
in the County government that is not a part of the legislative branch.
means that board established by Section 20.05 of the Charter
of the County of Kaua'i.
shall have the meaning defined in HRS Section 91-1.
includes a gift, subscription, forgiveness of a loan, advance,
or deposit of money, or anything of value and includes a contract,
promise, or agreement, whether or not enforceable, to make a contribution.
includes a payment, distribution, forgiveness of a loan,
advance, deposit, or gift of money, or anything of value and includes
a contract, promise, or agreement, whether or not enforceable, to
make an expenditure. "Expenditure" also includes compensation or other
consideration paid to a lobbyist for the performance of lobbying services.
"Expenditure" excludes the expenses of preparing written testimony
and exhibits for a hearing before the County Council or an administrative
agency or attorney's fees paid where such fee information is protected
by the attorney-client privilege pursuant to the Hawai'i Rules of
Professional Conduct Rule 1.6.
means the sponsorship, drafting, introduction, consideration,
modification, enactment, or defeat of any bill, resolution, ordinance,
amendment, report, nomination, appointment, or any other matter pending
or proposed in the County Council, including the approval or veto
of such.
means communicating, directly or through an agent, or soliciting
others to communicate, with a State or County officer or employee
for the purpose of attempting to influence any Legislative action
or Administrative action.
means any individual who for pay or other consideration engages
in lobbying on behalf of another person in excess of five hours in
any month of any reporting period described in Sec. 3-6.5(b) or spends
more than $750 lobbying during any reporting period described in Sec.
3-6.5(b).
means a human being, as distinguished from an artificial
person created by law.
means a corporation, individual, union, association, firm,
sole proprietorship, partnership, committee, club, Limited Liability
Company or any other organization or a representative of a group of
persons acting in concert.
(Ord. No. 999, July 30,
2016)
(a)
Every
lobbyist shall disclose for whom they are lobbying at the time they
engage in lobbying a Kaua'i County legislative or administrative officer
and shall file a registration statement with the Office of the County
Clerk as early as possible, but no later than five days within engaging
in lobbying.
(b)
The
registration statement shall require the lobbyist or appropriate officer
of a corporation, appropriate manager, or member if the lobbyist is
a limited liability company, to provide and certify as true and correct
the following information:
(1)
The
name, business mailing address, and business telephone number of the
lobbyist.
(2)
The
name and principal place of business of each person by whom the lobbyist
is retained or employed or on whose behalf the lobbyist appears or
works and a written authorization to act as a lobbyist from each person
by whom the lobbyist is employed or with whom the lobbyist contracts.
(3)
The
subject areas on which the lobbyist expects to lobby.
(c)
A lobbyist
shall report any change in any of the information contained in the
registration statement within 10 days after the change has occurred.
(d)
Prior
to appearing before the County Council or administrative agency, a
lobbyist shall orally disclose his or her status as a lobbyist and
the person on whose behalf the lobbyist is appearing.
(e)
A lobbyist
shall file a notice of termination within 10 days after the lobbyist
ceases the activity which required the lobbyist's registration. The
lobbyist and the employer of the lobbyist shall remain subject, however,
to the requirements of this Section for the period during which the
registration was effective.
(Ord. No. 999, July 30,
2016)
This Article shall not apply to:
(a)
Any individual who represents oneself and not any other person before the County Council or administrative agency; provided that such individual must nonetheless file a statement of expenditures if the individual meets any of the provisions of Section 3-6.5 (a).
(b)
Any
federal, state, or county official or employee acting in the official's
or employee's official capacity.
(c)
Any
news or advertising media including newspaper or periodical or online
media or radio or television station (including any individual who
owns, publishes, or is employed by a newspaper or periodical or radio
or television station) while publishing in the regular course of business
news items, editorials, or other comments, or paid advertisements,
which directly or indirectly urge the passage or defeat of legislative
or administrative action.
(d)
Any
person who possesses special skills and knowledge relevant to certain
areas of legislation, whose skills and knowledge may be helpful to
the County Council, administrative agency and executive branch of
County government, and who makes an occasional appearance at the express
request of the County Council or an administrative agency as a resource
person, whether or not they receive reimbursement or other payment
from the County Council or administrative agency for the appearance.
(e)
Any
elected public official acting in the public official's official capacity,
unless the public official contracts for the services of a lobbyist.
(f)
Any
attorney who advises the attorney's clients on the construction or
effect of proposed legislative or administrative action; provided
that such attorney must nonetheless register if the attorney meets
any of the provisions of Sec. 3-6.5.
(Ord. No. 999, July 30,
2016)
(a)
The
following persons shall maintain and keep current a record of expenditures.
If any expenditure is made during the reporting period, the following
persons shall file a statement of expenditures with the Office of
the County Clerk on or before January 31st of each year, all of which
shall be considered a public record:
(1)
Each
registered lobbyist pursuant to Sec. 3-6.3.
(2)
Each
person who spends $750 or more of the person's or any other person's
money, including, but not limited to, amounts spent on print, electronic,
broadcast or other media during the reporting period for the purpose
of attempting to influence legislative or administrative action or
a ballot issue by communicating or urging others to communicate with
Kaua'i County public officials; provided that any amounts expended
for travel costs, including incidental meals and lodging, shall not
be included in the tallying of the $750.
(3)
Each
person who employs or contracts for the services of one or more registered
lobbyists pursuant to Sec. 3-6.3, whether independently or jointly
with other persons. If the person is an industry, trade, or professional
association, only the association is the employer of the lobbyist.
(b)
The
January 31st report shall cover the period from January 1st through
December 31st of the previous year.
(c)
The
statement shall contain the following information:
(1)
The
name and address of any person receiving lobbying expenditures in
the total sum of $25 or more per day from the person filing the statement,
the amount and date of expenditure, and a general description of all
such expenditures;
(2)
The
name and address of any person receiving lobbying expenditures in
the aggregate amount of $150 or more during the statement period from
the person filing the statement, the amount and date of expenditures,
and a general description of all such expenditures;
(3)
The
name and address of each person who, during the statement period and
for the purpose of lobbying, contributed $25 or more to the person
filing the statement; and
(4)
The
subject area of the legislative and administrative action and the
title or titles of the bills, resolutions, or actions which was supported
or opposed by the person filing the statement during the statement
period.
(5)
A
description of the permit, procurement, or contract management which
was supported or opposed by the person filing the statement during
the statement period.
(6)
The
receipt or expenditure of any money for the purpose of influencing
the election or defeat of any candidate for an elective office or
for the passage or defeat of any proposed measure at any special or
general election is excluded from the reporting requirement of this
section.
(Ord. No. 999, July 30,
2016)
All statements required by this Article to be filed with the
Office of the County Clerk:
(a)
Shall
be deemed properly filed when hand delivered, transmitted via fax
or email or mailed within the prescribed time, duly stamped, registered,
or certified, and directed to the Office of the County Clerk.
(b)
Shall
be preserved by the Office of the County Clerk for a minimum period
of seven years from the date of filing; and shall constitute part
of the public records of the Office of the County Clerk.
(c)
Shall
be posted on a website maintained by the Office of the County Clerk
within 10 business days of receipt by the Office of the County Clerk.
(d)
Until
such time as prescribed forms are available, all statements shall
be filed in a format that contains all information required in this
article, as determined by the County Clerk.
(e)
The
County Clerk shall make available all statements required by this
article upon request of the Board of Ethics.
(Ord. No. 999, July 30,
2016)
(a)
No lobbyist
shall accept or agree to accept any payment in any way contingent
upon the defeat, enactment, or outcome of any proposed legislative
or administrative action.
(b)
No lobbyist
shall serve on the Board of Ethics.
(c)
No elected
official or official of an administrative agency 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 circumstances in which it can
be reasonably be inferred that the gift is intended to influence the
elected official or official of an administrative agency in the performance
of the elected official's or official of an administrative agency's
official duties or is intended as a reward for any official action
on the elected official's or official of an administrative agency's
part.
(Ord. No. 999, July 30,
2016)
(a)
The
Office of the County Clerk shall administer and implement this Article,
and shall have the following powers and duties:
(2)
Adopt
rules, not inconsistent with this Article, as in the judgment of the
Office of the County Clerk seem appropriate for the carrying out of
this Article and for the efficient administration of this Article.
The rules, when adopted as provided in Hawai'i Revised Statutes, Chapter
91, shall have the force and effect of law.
(3)
Report
alleged violations of this Article to the Board of Ethics.
(4)
Request
from the Board of Ethics an advisory opinion subject to this Article.
If no advisory opinion is rendered within 45 days after the request
is filed with the board, it shall be deemed that an advisory opinion
was rendered and that the facts and circumstances of that particular
case do not constitute a violation of this Article. The opinion rendered
or deemed rendered, until amended or revoked, shall be binding on
the board in any subsequent charges concerning the person subject
to this Article who sought the opinion and acted in reliance on it
in good faith, unless material facts were omitted or misstated by
the person in the request for an advisory opinion.
(b)
The
Board of Ethics shall have the following powers and duties:
(1)
Investigate
and take appropriate action on alleged violations of this Article
in all proceedings commenced within three years of an alleged violation
of this Article. A proceeding shall be deemed commenced by the filing
of a charge with the Board of Ethics or by the signing of a charge
by the chairperson of the Board of Ethics. Nothing shall bar proceedings
against a person who by fraud or other device prevents discovery of
a violation of this Article.
(2)
Notify
in writing every person against whom a charge is received and afford
the person an opportunity to explain the conduct alleged to be in
violation of the Article.
(3)
Initiate,
receive, hear and investigate complaints pursuant to Section 20.05
of the Charter of the County of Kaua'i. A decision of the Board of
Ethics pertaining to the conduct of any person subject to this Article
shall be in writing and signed by the chairperson. A decision of the
Board of Ethics rendered after a hearing together with findings and
the record of the proceeding shall be a public record.
(Ord. No. 999, July 30,
2016)
(a)
Any
person who:
(1)
Willfully
fails to file any statement or report required by this Article;
(2)
Willfully
files a statement or report containing false information or material
omission of any fact; or
(3)
Engages in activities prohibited by Section 3-6.7; shall be subject to an administrative fine imposed by the Board of Ethics that shall not exceed $1,000 for each violation of this Article. All fines collected under this section shall be deposited into the general fund. The Board of Ethics may suspend or revoke the certificate of registration of a lobbyist who has been found to have violated any provision of this Article. The suspension or revocation shall not exceed two years from the date of the imposition of said sanctions.
(b)
No fine,
suspension or revocation shall be assessed unless:
(1)
The Board of Ethics convenes a hearing in accordance with Section 3-6.8(b)(3)3-6.8(b)(3) and Chapter 91, HRS; and
(2)
A
decision has been rendered by the Board of Ethics.
(Ord. No. 999, July 30,
2016)
