THE SENATE	S.B. NO.	2549
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to the state ethics code.

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

     SECTION 1.  Section 84-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Charges concerning the violation of this chapter shall be in writing, signed by the person making the charge under oath, except that any charge initiated by the commission shall be signed by three or more members of the commission.  The commission shall 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 chapter.  The commission may investigate, after compliance with this section, such charges and render an informal advisory opinion to the alleged violator.  [The commission shall investigate all charges on a confidential basis, having available all the powers herein provided, and proceedings at this stage shall not be public.] 

The following procedures shall apply:

(1) If a charge concerning a violation of this chapter is filed by a person other than the commission, the following shall be a matter of public record:

(A) Any charge and any answer to the charge;

(B) Any rebuttal filed by the person who filed the charge in response, and any response to the rebuttal; and

(C) The final disposition of the charge, whether by order to dismiss, issuance of an informal advisory opinion, decision after a hearing, or final disposition by any other means.

Notwithstanding any of the above, the person who filed the charge shall be informed of the status of the charge upon request;

(2)  If the informal advisory opinion indicates a probable violation, the person charged shall request a formal opinion or within a reasonable time comply with the informal advisory opinion[.]; and

(3)  If the person charged fails to comply with [such] the informal advisory opinion or if a majority of the members of the commission determine that there is probable cause for belief that a violation of this chapter might have occurred, a copy of the charge and a further statement of the alleged violation shall be personally served upon the alleged violator.  Service shall be made by personal service upon the alleged violator wherever found or by registered or certified mail with request for a return receipt and marked deliver to addressee only.  If after due diligence service cannot be effected successfully in accordance with the above, service may be made by publication if so ordered by the circuit court of the circuit wherein the alleged violator last resided.  The state ethics commission shall submit to the circuit court for its consideration in issuing its order to allow service by publication an affidavit setting forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to locate and effect service by personal service or by registered or certified mail in accordance with the above.  Service by publication when ordered by the court shall be made by publication once a week for four successive weeks of a notice in a newspaper of general circulation in the circuit of the alleged violator's last known state address.  The alleged violator shall have twenty days after service thereof to respond in writing to the charge and statement."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Ethics Code; Filing a Complaint; State Ethics Commission; Public Record

Description:

Amends the statutory procedures regarding ethics code violation charges by requiring any related documents leading to a final disposition to be matters of public record.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.