HAR §21-8-3
HAR §21-8-3. §21-8-3 Assist or represent, exception for personal service coutracts
Cite as Haw. Code R. § 21-8-3
A legislator or employee may be permitted to prov ide the legislator's or
employee's ow 1 personal services to the legislator's or employee's agency where
there is an oveJTiding state purpose that outweighs any appearance of a conflict of
interest. The commission may evaluate the following factors in determining
whether a personal services contract is permissible:
( I)
Whether there is an appearance that the legislator or employee is
receiving unwarranted or preferential lreatmdnt from the
legislator's or employee' s agency;
(2)
Whether the legislator or employee is using confidential
information to obtain the personal services contract;
(3)
Whether there is a substantial public need for the legislator's 01
employee's expertise;
(4)
Whether the legislator or employee possesses expertise .in a
particular area;
(5)
Whether the agency is having difficulty obtaining services of this
specialized expertise from other sources; and
(6)
Whether the personal services contract is otherwise co11No~ll~\~sth2020
chaptei- 84, HRS, and other applicable law. [Eff
~
] (Auth: HRS §§84-3 l (a){5)) (Imp: HRS §§84- 14, 84-3 1)
§21-8-4 Public cUsclosure of interests or transactions affected by task
force members' official action. Section 84- 14, HRS, does not prohibit a person
from serving on a task fo rce, or making statements or taking official action as a
task force member 01· a task force member's designce or representative, provided
that the task force member, designee, or representative shall publicly disclose the
nature and extent ofany interest or trnnsaction that they believe may be affected
by their official action. This disclosm e shall be made verba lly at the first
available meeting of the task force and shall be memorialized iJ1 any task force
report. If no meeting is to occur before the task force member, designee, or
representative takes officia I action affecting their interests, the disclosure shall be
made in writing to all other task force members, and then subsequently in any task
force report. [Eff
NOV 2 8 2020
](Auth: HRS §§84-3 1(a)(5))
(Imp: HRS §§84-13, 84-14, 84-3 1)
8-2
137 8
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I
§21-9-2
HAWAII ADMINISTRATIVE RULES
TITLE 21
LEG IS LATl VE AGENClES
I
CHAPTER9
STATE ETHICS COMMISSION
POST-EMPLOYMENT RESTRlCTIONS AND CONTRACTS
§2 1-9-1
Agency or subdivision thereof
§21-9-2
Responsibility to enforce conh·acts mies