COM 0785.000 2004-2006 - Laserfiche WebLink

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The Honorable Stacy Higo, Chairman And Members, Hawaii County Council March 22, 2006 Page 2 2000 Hawaii County Charter amendments voted upon by our citizens regarding the reorganization of the executive branch. Ordinance No. 02-56 deleted the County band and the Bandmaster references found in Section 2-7. With the deletion, the County band may no longer be considered a department and the Bandmaster a department head. Therefore, the exemption for the Bandmaster as a department head is not applicable. In order for a position to be exempt from civil service, there must be a specific exemption found in state law. We found no exemption for band member positions in the state laws. We further note that the City and County of Honolulu's Royal Hawaiian Band musicians are all civil service. In 1989, the Corporation Counsel opined that HRS §76-77(1) relating to exemption of positions in the Mayor's office, referred to positions whose functions are confined to the Office of the Mayor and whose duties are concerned with the administration of the office. The County band is not concerned with the administration of the Office of the Mayor. Thus, the exemption under HRS §76-16 (1) does not apply to the Bandmaster and band member positions. Finding no authority for exemption, the Bandmaster and the band member positions' exempt status is not consistent with the provisions of HRS §76-16. Therefore, we are in the process of reorganizing and converting the Bandmaster and the County band member positions from exempt to civil service status effective July 1, 2006. In addition, Corporation Counsel recommended the charter amendment. The concern is that portion of Section 6-8.4 of the Hawaii County Charter that reads: 11 ...all positions in the band shall be exempt from civil service laws and classifications." The Hawaii Supreme Court, in an earlier ruling, made it clear that a political subdivision could not adopt provisions in its charter that are contrary to state civil service laws. Thus, any inconsistency between a charter provision and state statute on civil service would result in the state statute prevailing and render the charter provision null and void. Thus, Corporation Counsel drafted the proposed ordinance to remove the County band provisions in the charter. I ask your favorable action in presenting this to the voters. Sincerely, Michael R. en, SPHR Director of Personnel Enclosure Hawaii County is an Equal Opportunity Provider and Employer