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HCC §2-88

What happens when someone ignores a formal opinion

Read the official text at hawaiicounty.gov ↗

This section explains what the board must do if someone does not follow a formal opinion. For top officials, the board sends a complaint to the council. For other employees, it sends a complaint to their boss. Hearings are private, and records stay private unless a violation is found.

courtsemployeesemployers

The ordinance, as written (Hawaiʻi County) — Disposition after issuance of formal opinion

A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) With respect to officers removable only by impeachment, if there is no compliance of a formal opinion issued against an officer removable only by impeachment, the board shall issue a complaint and refer the matter to the council. The complaint must contain a statement of the facts alleged to constitute the violation. If within thirty days after the referral the council has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the board shall make public the nature of the charges but it shall make clear that the merits of the charges have never been formally determined. (b) With respect to employees and officers other than officers removable only by impeachment, if there is no compliance of a formal opinion against an employee and officer other than an officer removable only by impeachment, the board shall issue a complaint and refer the matter to the appointing authority having the power to discipline the employee. The complaint must contain a statement of the facts alleged to constitute the violation. Hearings shall be in accordance with chapter 91, Hawai‘i Revised Statutes, except that every hearing shall be private, and no record of the proceedings shall be released to the public prior to its conclusion. Judicial review of decisions, orders and rulings adverse to the employee shall be in accordance with chapter 91, Hawai‘i Revised Statutes. (c) If it is found that no violation of subsection (b) of this section has occurred, the appointing authority shall not make the record of the proceedings public. If it is found that a violation has occurred, the appointing authority may make its findings and the record of the proceedings public, taking into account the seriousness of the violation.
Read the official text at hawaiicounty.gov ↗as published Jul 16, 2026our copy taken Aug 21, 2026

Published by the County of Hawaiʻi Office of the County Clerk.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.