COM 0647.010 2002-2004 - Laserfiche WebLink

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Constance R. Kiriu July 22, 2004 Page 2 Answer to Question 1. The County has the authority under HRS Section 46-80.5 to enact an ordinance authorizing the creation of special improvement districts. Such districts are for the purpose of providing and financing supplemental maintenance and security services and such other improvements, services, and facilities as the council determines will restore or promote business activity in the special improvement district. Under HRS Section 46-80.5(g) any board or association established for the purpose of carrying out activities within the special improvement district is not deemed a governmental body, department, agency, or county. Neither is it deemed to be performing services on behalf of a government department, agency or county. As it is not a government entity it is not subject to either the procurement code or civil service laws. HRS Section 103D, the Hawaii Public Procurement Code, only applies to "governmental bodies." Similarly, civil service laws only apply to public employees as the purpose of civil service laws is to foster career service in government. HRS Section 76-1. Answer To Question No. 2. The language in Bill 280, Section -18 is sufficient to authorize the board or association to independently procure goods and services without being subject to either the State Procurement Code or civil service laws. However, it could be made stronger by inserting language that reads "Any board or association established for the purposes of carrying out the management and activities of the special improvement district shall neither be deemed to be a government department, agency, or a county, nor to be performing services on behalf of a government department, agency or county." This is similar to the language of HRS Section 46-80.5(g). Additionally, two other changes should be made to this section. The reference in Section _-18 (b)(1), Section -24(c), and Section -44, to the department of facilities maintenance should be changed to the Public Works Department. The reference in item _-18(b)(2) to the department of budget and fiscal services should be changed to the Department of Finance.