(a) This section applies to the conduct of an exempt officer or employee.
This section is additional to the prohibitions of Charter § 6-1112(2) and (3), both of which are directed at an officer or employee in the civil service.
(b) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Campaign Assistance. Any service, including donating time or anything of value, to assist:
(1) The campaign of a person seeking nomination or election to a public office;
(2) The effort to:
(A) Place a question on an election ballot; or
(B) Approve or reject a question which is on an election ballot;
(3) The effort to recall an officer; or
(4) The activities of a political party or campaign committee by:
(A) Serving as a member;
(B) Soliciting members;
(C) Performing administrative or other duties;
(D) Raising funds;
(E) Campaigning for the political party’s or campaign committee’s candidate or position on an issue; or
(F) Volunteering on a campaign or campaign committee.
Campaign Committee. Has the same meaning as a “candidate committee” as defined in HRS § 11-302.
Campaign Contribution. Has the same meaning as a “contribution” as defined in HRS § 11-302.
Exempt Officer or Employee. An officer or employee, including officers and employees of the board of water supply and the Honolulu Authority for Rapid Transportation, exempt from the civil service pursuant to Charter §§ 6-1103, 6-1104, or any other provision.
Officer or Employee. Any of the following:
(1) An officer or employee as defined in § 1-19.1; or
(2) An independent contractor with the city, the board of water supply or the Honolulu Authority for Rapid Transportation, whether or not contracted pursuant to competitive bidding procedures, and including without limitation a municipal bond dealer.
Political Party. Has the same meaning as defined in HRS § 11-61.
(c) An exempt officer or employee shall not:
(1) Coerce, demand, or otherwise require a campaign contribution or campaign assistance from another officer or employee;
(2) Deny employment to a person who will not agree, as a condition of the employment, to:
(A) Make a campaign contribution or request a campaign contribution from another person; or
(B) Render campaign assistance or request another person to render campaign assistance;
(3) Discharge, demote, decrease the compensation of, harass, or otherwise punish another officer or employee because that officer or employee:
(A) Refused to make a campaign contribution or render campaign assistance when requested or demanded by the exempt officer or employee or a third person;
(B) Sought or received an advisory opinion from the ethics commission on a possible violation of this subsection; or
(C) Filed with a public agency or officer a complaint alleging a violation of this subsection;
(4) Promise or threaten to discharge, demote, decrease the compensation of, harass, or otherwise punish another officer or employee, unless that officer or employee:
(A) Makes a campaign contribution or renders campaign assistance as requested or demanded by the exempt officer or employee or a third person;
(B) Refrains from seeking an advisory opinion from the ethics commission on a possible violation of this subsection; or
(C) Refrains from filing with a public agency or officer a complaint alleging a violation of this subsection;
(5) Promote or increase the compensation of another officer or employee because that officer or employee made a campaign contribution or rendered campaign assistance when requested or demanded by the exempt officer or employee or a third person;
(6) Solicit or request a specified or minimum campaign contribution amount from another officer or employee;
(7) Request another officer or employee to provide a specified or minimum amount of campaign assistance; or
(8) Solicit or receive any campaign contribution from a person, including another officer or employee, in a building or facility during its use for official city functions.
An exempt officer or employee also shall not request or direct another exempt officer or employee to engage in an activity prohibited under this subsection.
(d) The activities prohibited under subsection (c) shall not preclude an exempt officer or employee from:
(1) Voting as the exempt officer or employee chooses;
(2) Voluntarily expressing an opinion on any political candidate, question, or issue;
(3) Voluntarily serving as a member of a political party, campaign committee, or other political organization;
(4) Voluntarily making a campaign contribution or rendering campaign assistance; or
(5) Voluntarily soliciting or requesting a campaign contribution or campaign assistance from another person, so long as the solicitation or request does not violate subsection (c).
(e) An exempt officer or employee who violates subsection (c) shall be guilty of a petty misdemeanor.
The prosecution of a violation pursuant to this subsection shall be commenced within two years after commitment of the violation. No violation shall be prosecuted after the expiration of the two-year period.
The prosecuting attorney shall be responsible for prosecution of a violation. If the prosecuting attorney becomes disqualified, the State attorney general shall have the responsibility for prosecution.
The penalty of this subsection shall be in addition to the penalty provided under § 1-19.5(a). Both penalties may be imposed for the same violation.
(1990 Code, Ch. 3, Art. 8, § 3-8.6) (Added by Ord. 93-113; Am. Ords. 94-54, 12-31)