Who must file financial disclosures and what they must report

(a) Definitions. The following words used in this section shall have the respective meanings in this section: (1) “Candidate” has the meaning given it by section 11-191(3),* Hawai‘i Revised Statutes; (2) “Elective” means all elective offices of the County of Hawai‘i; (3) “Income” means gross income defined by section 61 of the Internal Revenue Code of 1954; (4) “Regulatory employee” means: (A) Supervisors of inspectors employed by the department of public works and department of environmental management; (B) Inspectors employed by the department of public works and department of environmental management; (C) Supervisors of liquor control investigators; (D) Liquor control investigators; (E) Buyers and purchasing agents; (F) Supervisors of real property tax appraisers; (G) Real property tax appraisers; (H) Planners employed by the planning department; (I) Supervisors of inspectors employed by the department of water supply; (J) Inspectors employed by the department of water supply; (K) The legislative auditor. (b) Filing of financial disclosures. (1) Candidates to Office. All candidates for elective office for the County of Hawai‘i shall file a financial disclosure as provided herein within ten working days after the deadline for filing as a candidate for office. (2) Officers. All officers shall file a financial disclosure as provided herein within twenty working days after taking the oath of office or within twenty working days after the effective date of this section and annually thereafter on or before January 31 of each year until the end of the term of office. If an officer is re-elected to office or reappointed to office for a new term, the foregoing requirement for filing financial disclosures shall be observed. (3) Regulatory Employees. All regulatory employees shall file a financial disclosure as provided herein on or before January 31, 1984, and thereafter biennially on or before January 31 of the biennium year. Persons becoming regulatory employees on or after January 31, 1984, shall file the initial financial disclosure as provided herein within thirty working days of commencement of employment or term of office. (c) The disclosure of financial interests shall state the financial interests of the person disclosing, whether held in the person’s name or by any other person for the person disclosing’s use and benefit, and shall include: (1) The source, nature, and amount of all income of $1,000 or more received during the preceding calendar year; provided that information that may be privileged by law need not be disclosed. (2) The name of each creditor to whom the value of $3,000 or more was owed during the preceding calendar year and the original amount and amount outstanding; provided that debts arising out of retail installment transactions for the purchase of consumer goods need not be disclosed. (3) The amount and identity of every ownership or beneficial interest held during the disclosure period in any business having a value of $5,000 or more, or interest equal to ten percent or more of the ownership of the business and, if the interest was transferred during the preceding calendar year, the date of the transfer; provided that an interest in the form of an account in a Federal or State regulated financial institution, an interest in the form of a policy in a mutual insurance company, or individual items in a mutual fund or a blind trust, if the mutual fund or blind trust has been disclosed pursuant to this paragraph, need not be disclosed. (4) Every officership, directorship, trusteeship, or other fiduciary relationship held in a business during the preceding calendar year, the term of office and the annual compensation. (5) A description of all real property in which the person now holds, or held during the preceding calendar year, an interest valued at $5,000 or more, its tax map key, street address, and fair market value, and, if the interest was acquired or transferred during the preceding calendar year, the consideration paid or received for the interest and the name of the person or entity paying or receiving the consideration. (6) The amount and identity of all creditor interests in an insolvent business held during the preceding calendar year having a value of $5,000 or more. (7) The names of clients personally represented before County agencies, except in ministerial matters, for a fee or compensation during the preceding calendar year and the names of the County agencies involved. (8) On any item which calls for the stating of a dollar amount, this value may be reported by using an appropriate letter code as follows: (A) Less than $1,000; (B) At least $1,000 but less than $10,000; (C) At least $10,000 but less than $50,000; (D) At least $50,000 but less than $100,000; (E) At least $100,000 but less than $300,000; (F) At least $300,000 but less than $700,000; (G) At least $700,000 but less than $1,000,000; (H) More than $1,000,000. (d) Filing requirements. (1) All public financial disclosures shall be filed with the office of the County clerk. All confidential disclosures shall be filed with County board of ethics. (2) The form for all public financial disclosures shall be as prescribed by the County clerk. The forms for confidential disclosures shall be as prescribed by the County board of ethics. ADMINISTRATION § 2-91.1 (3) Any officer or regulatory employee of the County shall file a financial disclosure as prescribed herein ten working days before an officer is to leave office or a regulatory employee is to terminate employment with the County. This requirement will also include transfer of an officer or regulatory employee from the County to either the State or Federal governments, or the transfer of an officer or regulatory employee to a County position for which financial disclosure is not required. (e) The financial disclosure statements of the following persons shall be public record and may be opened for inspection by the public during office hours of the County clerk: (1) All candidates for elective office. (2) All elected officers. (3) The administrative heads of the County agencies and their first deputies. (4) The managing director and deputy managing director. All other financial disclosure statements required to be filed under this section shall be confidential and accessible only by action of the board of ethics. (f) Penalty. (1) Officers and regulatory employees subject to section 2-91.1(b). Any officer or regulatory employee of the County who fails to file a financial disclosure as required in this section shall be subject to the provisions of section 2-91 hereof relating to noncompliance. (2) Any candidate who fails to file a financial disclosure as prescribed herein shall be guilty of a misdemeanor and subject to a fine of $1,000 and imprisonment of one year. (g) Notwithstanding any other disclosures filed under this section, it shall be incumbent upon all employees or officers of the County to make a full disclosure in writing to their appointing authority or to the council in the case of an elective officer, whenever the employee or officer possesses or acquires any interests, financial or otherwise, that might reasonably tend to create a conflict with the public interest in the performance of the public duties and responsibilities of the officer or employee. Any member of the council who knows he or she has a personal interest, direct or indirect, in any action proposed or pending before the council shall immediately disclose such interest. A copy of any disclosure of interest filed under this subsection shall be filed by the employee or officer with the County clerk which shall be a matter of public record. * Editor’s Note: Section 11-191, Hawai‘i Revised Statutes, was repealed.