Report Title:

County Ethics Commissions; Selection of Members

Description:

Provides standards for the selection of county ethics commission members to ensure their impartiality and independence.

THE SENATE	S.B. NO.	2612
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COUNTY ETHICS COMMISSIONS.

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

     SECTION 1.  Article XIV of the Constitution of the State of Hawaii provides in pertinent part:  "Ethics commissioners shall be selected in a manner which assures their independence and impartiality."  Each member of the state ethics commission is appointed by the governor from a list of two persons nominated by the judicial council.  The Hawaii supreme court appoints members of the judicial council, which does not include legislators.  In contrast, members of the Honolulu ethics commission are appointed by the mayor and confirmed by the Honolulu city council, both of which are subject to oversight by the county ethics commission.

     The legislature finds that county ethics commission members should possess certain traits of integrity, impartiality, and independence, and should be selected on an impartial basis.  This Act addresses the governor's veto message no. 619 on S.B. No. 755, C.D. 1, 2007, concerning the selection process and qualifications of members of the county ethics commission.

     The purpose of this Act is to provide standards for the selection of county ethics commissioners to ensure their impartiality and independence.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  county ethics commissions

     §46‑    Process for selection of county ethics commissioners.  (a)  Each county shall cause to be adopted a charter amendment for the creation of or delegation to an independent body to select members of the county ethics commission.  To ensure minimal involvement in the process by persons over which the commission has oversight, members of each county ethics commission shall be appointed:

     (1)  From a list of nominees selected by the independent body and shall not be subject to confirmation by the county legislative body; or

     (2)  In accordance with comparable alternative selection methods as provided by county ordinance.

     (b)  Each county shall have a selection process in place that meets these criteria for any appointment made after the effective date of this part.

§46-    Character of county ethics commissioners.  A county ethics commissioner shall be selected on the basis of integrity, impartiality, and independence, as reflected by, among other things, the background and experiences of the person and the absence of potential conflicts of interest; provided that county ordinance may provide for additional criteria."

     SECTION 3.  This Act shall take effect on January 1, 2009.

INTRODUCED BY:

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