BIL 152 Draft 05 2010-2012 - Laserfiche WebLink

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[(a)](b)The council shall elect from among its members a chairperson and a vice chairperson, each of whom shall serve at its pleasure. Until such time as the chairperson and presiding officer shall be elected, the mayor shall preside at such meeting, provided that the mayor shall not have a vote. The chairperson shall preside at council meetings. If at any meeting the chairperson is not present or unable to act, the vice chairperson shall then preside. In the absence of the chairperson and vice chairperson, the council shall elect from among its members a temporary presiding officer. [(b)](c) The council shall appoint the county clerk which position shall be exempt from civil service laws and classifications. The county clerk shall: (1) Be the clerk of the council. (2) Be custodian of the county seal. (3) Conduct all elections held within the county. (4) Appoint the deputy county clerk, with the approval of the council, and such position shall be exempt from civil service laws and classifications. (5) Perform such other functions as the council may prescribe. (6) Appoint necessary staff for which appropriations have been made by the council, subject to civil service laws and classifications, and exercise the same power with respect to the personnel of the clerk's office as the department heads in the executive branch, with the exception of the office of the legislative auditor. The council may hire its own council staff attorneys pursuant to Section 46-32 of the Hawaii Revised Statutes. Furthermore: (1) Council staff attorney positions shall be exempt from civil service laws and classifications and report to the council chairperson. Council staff attorneys shall serve the council, may advise the council independently of the corporation counsel without limitation, and may represent the council in legal disputes with the executive branch. QJ By a two-thirds vote of its entire membership, the council may authorize by resolution attorney(s) hired by contract to represent the council. These contract attorneys shall serve the council, advise the counsel in legal matters without limitation and represent the council as special counsel in litigation in any matter. Any such authorization shall specify the maximum compensation if any, to be paid to the attorneys for said services. (4) In the event that council staff attorneys are authorized by a resolution and with a two-thirds vote of the council's entire membership to represent the council in litigation those council staff attorneys shall be deemed to have the status of "special counsel" for the purpose of that litigation. (e) Compensation if any, to special counsel under this section shall be paid from the budget of_ The council if it: decides to employ special counsel for its own purpose; L11 determines that a conflict of interest with the office of the corporation counsel exists; LQ determines that a conflict of interest with the executive branch exists; or 2