City can ban employers who break sexual harassment rules

(a) The director of budget and fiscal services may debar an employer who, contrary to a pledge made pursuant to § 1-18.5 , has violated this article or the sexual harassment policy set forth in the standard form prepared by the department of budget and fiscal services. The director of budget and fiscal services shall have discretion in determining whether to debar an employer for a violation. When making a debarment decision, the director of budget and fiscal services shall consider the seriousness of the violation and any remedial measures taken by or mitigating factors applicable to the employer. (b) The debarment of an employer: (1) Shall extend to the employer’s divisions or other organizational elements; and (2) May extend to a business affiliate of the employer if so ordered by the director of budget and fiscal services. A “business affiliate of the employer” means a business concern, organization, or individual that, directly or indirectly: (A) Has the power to control the employer; (B) Is subject to the control of the employer; or (C) Is subject, along with the employer, to the control of a third party. Any provision of this section applicable to a “debarred employer” also shall be applicable to a division or other organizational element of the debarred employer and, if so ordered by the director of budget and fiscal services, a business affiliate of the debarred employer. (c) The director of budget and fiscal services shall set the debarment period for a debarred employer. The debarment period shall be commensurate with the seriousness of the employer’s violation, but not more than three years. (d) Unless the director of budget and fiscal services orders otherwise for a compelling reason, a debarred employer shall not be eligible for the following during the debarment period: (1) The award or renewal of a contract with the city; or (2) A subcontract to another person’s contract with the city. (e) The director of budget and fiscal services shall establish procedures for making a decision on the proposed debarment of an employer. The procedures shall include but not be limited to the following: (1) Notice to the employer proposed to be debarred; and (2) An opportunity for the employer to present arguments against debarment. The director of budget and fiscal services also may establish rules or policies deemed necessary to implement this section. The procedures, rules, and policies shall be in conformance with HRS § 103D-702 and any rules of the State procurement policy office.