Chapter 84
Standards of Conduct
CHAPTER 84
STANDARDS OF CONDUCT
Preamble
Part I. General Provisions
Section
84-1 Construction
84-2 Applicability
84-3 Definitions
Part II. Code of Ethics
84-11 Gifts
84-11.5 Reporting of gifts
84-12 Confidential information
84-13 Fair treatment
84-13.5 Washington Place; campaign activities
84-14 Conflicts of interests
84-15 Contracts
84-16 Contracts voidable
84-17 Requirements of disclosure
84-17.5 Disclosure files; disposition
84-18 Restrictions on post employment
84-19 Violation
Part III. State Ethics Commission
84-21 State ethics commission established; composition
Part IV. Administration and Enforcement
84-31 Duties of commission; complaint, hearing,
determination
84-31.3 Filing of false charges
84-31.5 Repealed
84-32 Procedure
84-33 Disciplinary action for violation
84-34 No compensation
84-35 Staff
84-35.5 Prohibition from political activity
84-36 Cooperation
84-37 Concurrent jurisdiction
84-38 Judicial branch
84-39 Administrative fines
Part V. Mandatory Ethics Training
84-41 Applicability of part
84-42 Mandatory ethics training course
84-43 Ethics training course
Historical Note
Source notes for each section of this chapter start with L 1972, c 163, which completely amended this chapter. For prior law, see L 1967, c 263 and L 1968, c 21.
Attorney General Opinions
As long as the mandatory topics listed in the third paragraph of article XIV of the Hawaii State Constitution are addressed, the legislature exercises discretion over what specific conduct is prohibited, permitted, or otherwise regulated under the state ethics code. Assuming no other state or federal constitutional provision is brought into play, the legislature may exempt certain conduct from the state ethics code or otherwise subject it to related regulation, such as disclosure requirements. Att. Gen. Op. 15-2.
The state ethics code must apply to all state employees; individual employees may not be exempted from the state ethics code. Att. Gen. Op. 15-2.
Law Journals and Reviews
Confidentiality Breeds Contempt: A First Amendment Challenge to Confidential Ethics Commission Proceedings of the City & County of Honolulu. 18 UH L. Rev. 797.
Case Notes
Although an application of §84-13 was necessary to decide the union’s complaint under §89-13, it could not be said that the question arose under this chapter; where union filed the complaint with the labor relations board under §89-19, the board had “exclusive original jurisdiction” to determine prohibited practice complaints and the ethics commission would not have had jurisdiction to make that determination; thus, the board had the power to apply §84-13 in order to decide whether a prohibited practice violation actually occurred and it did not exceed its jurisdiction in ruling that a violation did not occur based on the application of §84-13. 116 H. 73, 170 P.3d 324.
PREAMBLE
The purpose of this chapter is to (1) prescribe a code of ethics for elected officers and public employees of the State as mandated by the people of the State of Hawaii in the Hawaii constitution, article XIV; (2) educate the citizenry with respect to ethics in government; and (3) establish an ethics commission which will administer the codes of ethics adopted by the constitutional convention and by the legislature and render advisory opinions and enforce the provisions of this law so that public confidence in public servants will be preserved. [L 1972, c 163, pt of §1; am L 1979, c 91, §2; am L 1981, c 82, §10]