(a) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Appointed Officer or Employee. An officer or employee, as defined under § 1-19.1, other than an elected officer and shall include officers and employees of the board of water supply and the Honolulu Authority for Rapid Transportation. Appointed officer includes a member of a board or commission including board members of the board of water supply and the Honolulu Authority for Rapid Transportation.
Gift. Any gift, whether in the form of money, goods, service, loan, travel, entertainment, hospitality, thing, or promise or in any other form.
(b) Neither the mayor, the prosecuting attorney, nor any appointed officer or employee shall solicit, accept, or receive, directly or indirectly, any gift under circumstances in which it can be reasonably inferred that the gift is intended:
(1) To influence the solicitor or recipient in the performance of an official duty; or
(2) As a reward for any official action on the solicitor’s or recipient’s part.
(c) During each one-year period beginning on July 1 and ending on June 30, neither the mayor, the prosecuting attorney, nor any appointed officer or employee shall solicit, accept, or receive, directly or indirectly, from any one source any gift or gifts, not exempted by subsection (d), valued singly or in the aggregate in excess of $200.
(d) Exempted from the prohibition of subsection (c) are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;
(3) Gifts from a spouse, fiancé, fiancée, any relative within four degrees of consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from any such person shall not be exempt from subsection (c) if the person is acting as an agent or intermediary for any person not covered by this subdivision;
(4) Political campaign contributions that comply with State law;
(5) Anything available or distributed to the public generally without regard to the official status of the recipient;
(6) Gifts that, within 30 days after receipt, are returned to the giver or donated to a public body or to a bona fide educational or charitable organization without the donation being claimed by the mayor, the prosecuting attorney, or an appointed officer or employee as a charitable contribution for tax purposes. In the event the gift is donated to a public body or to a bona fide educational or charitable organization, the donor shall send, along with the gift, documentation acknowledging the initial giver of the gift; and
(7) Exchanges of approximately equal value on holidays, birthdays, or special occasions.
(e) A violation of this section by the mayor, the prosecuting attorney, or an appointed officer or employee shall be punishable in accordance with § 1-19.5.
(1990 Code, Ch. 3, Art. 8, § 3-8.7) (Added by Ord. 94-49; Am. Ords. 02-15, 12-31)