(a) The failure to comply with or any violation of the standards of conduct of this article or of Charter Article XI shall be grounds for impeachment of elected officers and for the removal from office or from employment of all other officers and employees. The appointing authority may, upon the recommendation of the ethics commission, reprimand, put on probation, demote, suspend, or discharge an employee found to have violated the standards of conduct established by this article. Nothing contained herein shall preclude any other remedy available against such officer or employee.
(b) In addition to any other penalty provided by law, any contract entered into by the city in violation of Charter Article XI or of this article is voidable on behalf of the city; provided that in any action to void a contract pursuant to this article the interest of third parties who may be damaged thereby shall be taken into account, and the action to void the official act or action is initiated within six months after the matter is determined by the ethics commission.
(c) The city, by the corporation counsel, may recover any fee, compensation, gift, or profit received by any person as a result of a violation of the standards in this article or in Charter Article XI by an officer or employee or former officer or employee. Action to recover under this subsection shall be brought within four years of such violation.
(d) In addition to any other penalty, sanction, or remedy provided by law, the ethics commission may impose a civil fine against a former or current officer or exempt employee of the city who has been found by the ethics commission to have violated the standards of conduct in Charter Article XI or this article. For the purposes of this section, “officer” has the same meaning as in Charter § 13-101.4 and shall include officers of the board of water supply and the Honolulu Authority for Rapid Transportation and “exempt employee” means all employees of the executive and legislative branches of the City and County of Honolulu and all full-time employees of the board of water supply and the Honolulu Authority for Rapid Transportation who are exempt from civil service pursuant to Charter §§ 6-1103(a) through (d), (i), and (k) and 6-1104(a) through (d), but shall not mean exempt employees in clerical positions or employees within a bargaining unit as described in HRS § 89-6.
(1) Where a civil fine has not otherwise been established in this article, the amount of the civil fine imposed by the ethics commission for each violation shall not exceed the greater of $5,000 or three times the amount of the financial benefit sought or resulting from each violation.
(2) In determining whether to impose a civil fine and the amount of the civil fine, the ethics commission shall consider the totality of the circumstances, including but not limited to:
(A) The nature and seriousness of the violation;
(B) The duration of the violation;
(C) The effort taken by the officer or exempt employee to correct the violation;
(D) The presence or absence of any intention to conceal, deceive, or mislead;
(E) Whether the violation was negligent or intentional;
(F) Whether the officer or exempt employee demonstrated good faith by consulting the ethics commission staff or another government agency or an attorney;
(G) Whether the officer or exempt employee had prior notice that the officer’s or the exempt employee’s conduct was prohibited;
(H) The amount, if any, of the financial or other loss to the city as a result of the violation;
(I) The value of anything received or sought in the violation;
(J) The costs incurred in enforcement, including reasonable investigative costs and attorney fees;
(K) Whether the officer or exempt employee was truthful and cooperative in the investigation; and
(L) Any other relevant circumstance.
(3) No civil fine shall be imposed unless the requirements of HRS Chapter 91 and HRS § 46-1.5(24), have been met.
(4) The ethics commission may recover any civil fines imposed pursuant to this section and may, through the corporation counsel, institute proceedings to recover any civil fines.
(5) Pursuant to Chapter 1, Article 19, the ethics commission shall have executive authority to add unpaid fines by administrative order to any taxes, fees, or charges.
(6) Notwithstanding § 3-6.3(c), no civil fine may be imposed under this subsection:
(A) If the applicable complaint or request for advisory opinion is submitted more than four years after the alleged violation occurred; or
(B) For an investigation commenced by the commission on its own initiative, if the investigation is commenced more than four years after the alleged violation occurred.
(Sec. 6-1.5, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 3, Art. 8, § 3-8.5) (Am. Ords. 90-96, 02-15, 07-43, 09-9, 12-31)