COM 0627.002 2010-2012 - Laserfiche WebLink

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AN ORDINANCE TO INITIATE AN AMENDMENT TO THE HAWAII COUNTY CHARTER (2010) BY REPEALING ARTICLE VI, CHAPTER 5, AND ADDING A NEW ARTICLE TO PROVIDE THAT THE CORPORATION COUNSEL SHALL BE AN ELECTED OFFICIAL OF THE COUNTY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawai`i County Charter that will provide that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. This ordinance repeals in its entirety the existing provisions for the Office of the Corporation Counsel as found in Article VI of the Charter (Executive Branch — The Managing Director and Agencies Under the Managing Director), whereas the Office of the Corporation Counsel would no longer be a part of the Executive Branch of the County. This ordinance establishes a new article dedicated to the Office of the Corporation Counsel, where the head of that agency is an elected official of the County. This ordinance includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Whoever shall be selected by the electorate to serve as the Corporation Counsel for the County of Hawai`i in 2014 would replace the Corporation Counsel as appointed by the Mayor and confirmed by the County Council, and will serve a four - year term to be alternating with the election of the Mayor and Prosecuting Attorney. SECTION 2. Article VI, chapter 5, of the Charter of the County of Hawai`i (2010), is repealed in its entirety and reserved to read as follows: "CHAPTER 5 • • ' • • . •. • wr row Reserved. [ .. There shall be a department of the corporation counsel consisting of the corporation counsel, assistant corporation counsel and the necessary staff.] • The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai`i.] [ The corporation counsel shall be the chief legal adviser and legal representative of all county agencies, the council and all officers and employees in matters related to their official