HomeMy WebLinkAboutComm No 0058 - Transmit approved ballot language to Clerk
Proposal No. 1: RELATING TO TECHNICAL, LINGUISTIC, AND
GRAMMATICAL REVISIONS OF THE CHARTER
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, Section 3-2, of the Hawai‘i County Charter (2018 Edition),
is amended to read as follows:
“Section 3-2. Composition and Terms.
There shall be a county council composed of nine members. \[One member shall be
elected from each of nine districts.\] There shall be nine council districts, each of which shall
be represented by a resident elected from that district. The terms of the council members
shall be two years and shall begin at twelve o’clock meridian on the first Monday of
December after their election. The terms of the council members shall not exceed four
consecutive two year terms. Candidates shall be elected in accordance with the election laws
of the state, insofar as applicable.”
Section 2. Article III, Section 3-17, of the Hawai‘i County Charter (2018 Edition),
is amended by amending subsection (c) to read as follows:
“(c) Each subsequent redistricting commission shall consist of nine members. \[One
member shall be a resident of each council district\] Each of the nine council districts
shall be represented by a resident appointed from that district, as established by the
previous redistricting commission. The members shall be appointed by the mayor
and confirmed by the council in the manner prescribed in Section 13-4.”
Section 3. Article III, Section 3-18, of the Hawai‘i County Charter (2018 Edition),
is amended to read as follows:
“Section 3-18. Office of the \[Legislative\] County Auditor.
(a) There is established within the legislative branch an independent office of the
\[legislative\] county auditor to be headed by a \[legislative\] county auditor who shall
be appointed by the county council and shall serve for a period of six years, and
thereafter, until a successor is appointed. The council, by a two-thirds vote of its
membership, may remove the \[legislative\] county auditor from office at any time for
cause.
(b) The \[legislative\] county auditor shall possess adequate professional proficiency for
the office demonstrated by relevant certification, such as certification as a certified
internal auditor or certified public accountant or an advanced degree in a relevant
field, and at least three years of general auditing experience which shall include a
minimum of one year’s experience in the field of government auditing. A certified
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internal auditor or certified public accountant shall be preferred. All financial audits
shall be conducted by a certified public accountant.
(c) The \[legislative\] county auditor shall submit an annual budget to the county council.
The \[legislative\] county auditor on behalf of the county council shall hire the
necessary staff for which appropriations have been made by the county council.
(d) The \[legislative\] county auditor shall conduct or cause to be conducted:
(1) The annual financial audit of the county, as required in Article X, Financial
Procedures, Section 10-13, Post-audit.
(2) Performance and/or financial audits of the funds, programs, services, and
operations of any county agency, executive agency, or program, as set forth
by the \[legislative\] county auditor in an annual audit plan that shall be
transmitted to the county council and the mayor and filed with the county
clerk as a public record.
(3) Follow-up audits and monitoring of responses to audit recommendations by
audited entities.
(e) For purposes of this section, “county agency” or “executive agency” includes any
office, department, board, commission, agency, semi-autonomous agency, or other
governmental unit of the county in the executive or legislative branch that is
supported, in whole or in part, by county funds.
(f) For purposes of carrying out any audit, the \[legislative\] county auditor shall have:
(1) Full, free, and unrestricted access to any county officer or employee.
(2) Full, free, and unrestricted access to and authority to examine and inspect any
record of any county agency, executive agency, or program except for any
record protected from disclosure by law, rule or privilege.
(3) Full, free, and unrestricted access to and authority to examine and inspect any
property, facility, or equipment of any county agency, executive agency, or
program pertinent to the audit or to a contract.
(4) Full, free, and unrestricted access to and authority to administer oaths and
subpoena witnesses and compel the production of records pertinent thereto.
If any person subpoenaed as a witness or compelled to produce records shall
fail or refuse to respond thereto, the proper court, upon request of the county
auditor, shall have the power to compel obedience to any process of the
county auditor and to punish, as a contempt of the court, any refusal to comply
therewith without good cause. The county auditor may retain special counsel,
in the manner authorized by the council, to represent the county auditor in
implementing these powers.
(g) The \[legislative\] county auditor shall conduct or cause to be conducted all audits in
accordance with government auditing standards, and shall set forth final audit
findings and recommendations in written reports, copies of which shall be
transmitted to the county council and the mayor and filed with the county clerk as
public records.”
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Section 4. Article V, Chapter 2, Section 5-2.2, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 5-2.2. Cost of Government Commission.
For the purpose of carrying out the policy set forth herein the mayor with the approval
of the council shall appoint a cost of government commission consisting of nine members.
\[One member shall be a resident of each council district.\] Each of the nine council districts
shall be represented by a resident appointed from that district. The managing director shall
be an ex-officio member of the commission. The office of the mayor shall provide
administrative and clerical services to the commission.
Each commission shall:
(a) Prepare and submit to the mayor a request for an appropriation for the
operation of the commission.
(b) Study and investigate the organizations and methods of operations of all
departments, commissions, boards, offices and other instrumentalities of all
branches of the county government and determine what changes, if any,
may be desirable to accomplish the policy set forth herein.
(c) Be authorized to secure directly from any department, commission, board,
office or any other instrumentalities of all branches of the county government
or from any individual officer or employee of the county, information,
suggestions, estimates, and statistics necessary to carry out its duties.
(d) Submit a report of its findings and recommendations to the mayor,
managing director and council not later than eleven months after its
appointment.”
Section 5. Article VI, Chapter 4, Section 6-4.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-4.3. Qualifications.
The director of information technology shall have had a minimum of five years of
experience in the field of \[electronic data processing, telecommunications\] information
technology, communications networking, and development, implementation and operation
of \[business-oriented\] enterprise-oriented applications, at least three years of which shall
have been in an administrative and managerial capacity in a \[computer system\] technology
environment at least comparable to that of the county’s system.”
Section 6. Article VI, Chapter 4, Section 6-4.4, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-4.4. Powers, Duties, and Functions.
The director of information technology shall:
(a) Operate the \[central data processing\] network system, and coordinate and oversee
the operations of departmental \[data processing systems,\] technology, except for
\[those systems\] technology maintained by the department of water supply.
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(b) Provide technical expertise in \[data processing and telecommunication\] information
technology to applicable departments and agencies of the county.
(c) Assist in the development of \[management information.\] an information technology
workforce and a services-oriented infrastructure.
(d) Advise the mayor on matters related to \[data processing and telecommunication.\]
information technology.
(e) Perform such other duties as may be required by law.”
Section 7. Article VI, Chapter 7, Section 6-7.5, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-7.5. Duties and Functions of the Windward and Leeward Planning
Commissions.
(a) Both commissions shall:
(1) Advise the mayor, council and the planning director on planning and land
use matters pursuant to law and this charter.
(2) Review the general plan, its amendments and other plans and modifications
thereof and transmit such plans with recommendations thereon through the
mayor to the council for consideration and action.
(3) Review proposed subdivision and zoning ordinances and amendments
thereto and transmit such ordinances with recommendations thereon through
the mayor to the council for consideration and action.
(4) Conduct public hearings in every case prior to action on any matter upon
which the commission is required by law or this charter to act. Notice of the
time and place of the hearing shall be published at least ten days prior to
such hearing in at least two daily newspapers of general circulation in the
county and shall also be distributed via an electronic medium, such as the
Internet.
(5) Perform such other related duties and functions as may be necessary or
required pursuant to law and this charter.
(b) A uniform body of rules of practice and procedure, except for meeting places and
times, shall apply to both commissions. Uniform rules of practice and procedure
shall be adopted by a majority vote of the combined membership of the windward
planning commission and the leeward planning commission, meeting jointly. \[The
existing rules of practice and procedure of the Hawai‘i county planning
commission, except for meeting places, shall apply to both commissions until the
new uniform rules of practice and procedure are adopted.\]
(c) Each planning commission shall review and take action upon applications for land
use changes and community development plans involving only property within
their respective jurisdictions, other than those involving the general plan. If an
application for a land use change or a community development plan includes land
within the jurisdiction of both the windward planning commission and the leeward
planning commission, the application shall be considered by both commissions
meeting jointly and action shall require the affirmative vote of a majority of the
combined membership of the two commissions. All amendments to the general
plan or the adoption of a new general plan shall be considered by each planning
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commission, meeting separately, and each commission shall make its own
recommendation to the council. Each planning commission, meeting separately,
shall make its own recommendations to the council on changes to the subdivision
and zoning codes and any other planning or land use matters which apply generally
and not to a specific area. The planning director shall determine which commission
shall take jurisdiction over any matters when not fully established by the charter.”
Section 8. Article VI, Chapter 7, Section 6-7.6, of the Hawai‘i County Charter
(2018 Edition), is repealed:
\[Section 6-7.6. Transitional Provisions.\]
\[(a) The existing planning commission shall remain in effect and continue to hear and
decide matters pursuant to Section 6-7.3, Hawai‘i County Charter (2000), until
April 1, 2009, the date upon which the windward planning commission and the
leeward planning commission becomes effective. Matters pending before the
existing planning commission that are not finally decided by April 1, 2009, will be
transferred to the windward or leeward planning commissions, as appropriate to be
finalized.
(b) Members of the existing planning commission whose terms will not have expired
on April 1, 2009, shall hold over and continue to serve the remainder of their
respective terms on the windward and the leeward planning commissions, duly
assigned according to their respective residence address.
(c) If there shall exist vacancies on either the windward planning commission or the leeward
planning commission not filled by term hold over, the mayor shall appoint the remaining
members of the windward planning commission and the leeward planning commission in
accordance with Section 13-4, Hawai‘i County Charter (2000).\]”
Section 9. Article VI, Chapter 9, Section 6-9.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-9.3. Game Management Advisory Commission.
There shall be a game management advisory commission consisting of nine members
who shall be appointed by the mayor and confirmed by the council. \[One member shall be a
resident of each council district.\] Each of the nine council districts shall be represented by a
resident appointed from that district. The terms of the members shall be as prescribed in
Section 13-4. The commission shall select its chairperson from its voting members, and five
voting members shall constitute a quorum.
For the benefit of present and future generations, the game management advisory
commission shall advise County, State and Federal agencies on matters related to the
preservation of subsistence hunting and fishing, as well as protecting traditional and
cultural gathering rights. The commission may also advise County, State, and Federal
agencies on any matter affecting the taking and conservation of aquatic life and wildlife,
including proposed rules, and shall communicate its findings and recommendations to
these agencies. The commission shall promulgate recommendations that conserve and
protect the natural and cultural resources of Hawai‘i in furtherance of the self-sufficiency
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and long-term subsistence sustainability of aquatic life and wildlife in the County. The
commission shall provide reports or legislative recommendations to the council as
necessary, or at least quarterly.”
Section 10. Article VI, Chapter 10, Section 6-10.5, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-10.5. Environmental Management Commission.
There shall be an environmental management commission consisting of nine
members who shall be appointed by the mayor and confirmed by the council. \[One
member shall be a resident of each council district.\] Each of the nine council districts shall
be represented by a resident appointed from that district. The terms of the members shall be
as prescribed in Section 13-4. The environmental management commission shall advise
the department on waste reduction strategies, recycling, litter control, community
involvement, and other issues related to the functions of the department, and shall exercise
any other powers related to the functions of the department that may be delegated to it by
ordinance.”
Section 11. Article VII, Chapter 2, Section 7-2.2, of the Hawai‘i County Charter
(2018 Edition), is amended by amending subsection (a) to read as follows:
“(a) The police commission shall consist of nine members. \[One member shall be a
resident of each council district.\] Each of the nine council districts shall be
represented by a resident appointed from that district. The members shall be
appointed by the mayor and confirmed by the council in the manner prescribed in
Section 13-4.”
Section 12. Article VII, Chapter 3, Section 7-3.2, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-3.2. Liquor Commission.
There shall be a liquor commission consisting of nine members who shall be
appointed by the mayor and confirmed by the council in the manner prescribed in Section
13-4. \[One member shall be a resident of each council district.\] Each of the nine council
districts shall be represented by a resident appointed from that district. The liquor
commission shall:
(a) Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to carry out provisions of
the liquor control laws of the State.
(b) Grant, renew or refuse applications for licenses for the manufacture,
importation and sale of liquor in the county under applicable laws and
regulations.
(c) Have such other powers and duties as may be provided by law, not in conflict
with the provisions of this section.”
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Section 13. Article VII, Chapter 4, Section 7-4.5, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.5. Fire Commission.
There shall be a fire commission, which shall consist of nine members. \[One
member shall be a resident of each council district.\] Each of the nine council districts shall
be represented by a resident appointed from that district. The commission may appoint
such staff and engage such consultants as necessary for the performance of its duties. The
members shall be appointed by the mayor and confirmed by the council in the manner
prescribed in Section 13-4.”
Section 14. Article VIII, Section 8-2, of the Hawai‘i County Charter (2018
Edition), is amended to read as follows:
“Section 8-2. Water Board.
The water board shall consist of nine members who shall be appointed by the mayor
with the approval of the council in the manner prescribed in Section 13-4. \[One member shall
be a resident of each council district.\] Each of the nine council districts shall be represented
by a resident appointed from that district. The manager-chief engineer of the department of
water supply, the planning director and the director of public works or their designated
representatives shall serve as ex-officio members of the water board without power to vote.
The water board shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law
relating to the management, control, operation, preservation and protection of
the waterworks of the county.
(c) Adopt an annual operating and capital budget for the department, subject to
the hearing and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or otherwise,
and to sell, lease, or otherwise convey real property in the name of the water
board.
(e) Have the authority to issue revenue bonds under the name of the water board.
(f) Have such other powers and duties as may be provided by law.”
Section 15. Article XI, Section 11-5, of the Hawai‘i County Charter (2018
Edition), is amended by amending subsection (b) to read as follows:
“(b) For acceptance of petitions, the clerk shall require that:
(1) The petitions indicate the five members of the committee for that petition by
name and residence address as they appear on the general county register for
the County of Hawai
(2) The petitions indicate the designated representative for the committee and the
address to which all notices for the committee are to be sent.
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(3) The petitions be filed on papers of uniform size and style and assembled as
one instrument.
(4) Each elector signing such petitions shall print their name, which shall be
reasonably similar to their name as it appears on the general county register
for the County of ,\] and month and day of
their birth date\[, and the last four digits of their social security number\] on
said petition.
(5) The petition contains a prominent notice stating whether one or more petition
circulators are to be paid. Paid means monetary payment or payment of goods
and services. Pay for petition circulators shall not be based on the number of
signatures collected.
(6) The petition contain the ballot title and the ballot question.
(7) Each page of the completed petition form shall be numbered consecutively.”
Section 16. Article XI, Section 11-5, of the Hawai‘i County Charter (2018
Edition), is amended by amending subsection (c) to read as follows:
“(c) For purposes of certification, any petition shall be found insufficient that:
(1) Is signed by registered voters of the county equal in number to less than
fifteen percent of the number of persons who voted for the office of Mayor
in the last Mayoral election.
(2) Proposes, or requests \[appeal\] repeal of, an ordinance not subject to the
powers of initiative or referendum.”
Section 17. Article XII, Section 12- (2018
Edition), is amended to read as follows:
“Section 12-1.3. Signatures.
Signers of a recall petition shall print their name, which shall be reasonably similar
to their name as it appears on the general county register for the County of Hawai‘i, and
add their signature, residence address, and month and day of their birth date\[, and the last
four digits of their social security number\] on said petition. To each such petition paper
there shall be attached an affidavit of the circulator thereof, stating the number of signers to
such part of the petition and that each signature appended to the paper was made in the
circulator’s presence and is believed to be the genuine signature of the person whose name
it purports to be, and that each signer understood the nature of the recall petition.”
Section 18. Article XIII, Section 13-28, of the Hawai‘i County Charter (2018
Edition), is amended by amending subsection (b) to read as follows:
“(b) \[One member shall be a resident of each council district.\] Each of the nine council
districts shall be represented by a resident appointed from that district. In addition,
the director of human resources and deputy director of human resources shall serve
as ex-officio members of the commission in an advisory capacity.”
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Section 19. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 20. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 21. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 22. This amendment shall take effect upon approval by the electorate.
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Proposal No. 2: RELATING TO COUNCIL MEETING LOCATIONS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, Section 3-7, of the Hawai‘i County Charter (2018 Edition),
is amended to read as follows:
“Section 3-7. Meetings; Rules and Journal; Voting and Quorum.
The county council shall meet regularly at least twice in every month at such times
and places as shall be established by rule of the council, \[and meet at least quarterly in the
judicial district of North Kona or South Kona.\] provided that the council shall hold an
equal number of its regularly scheduled meetings in east Hawai‘i and west Hawai‘i. The
council shall determine its rules and order of business and shall provide for keeping a
journal of its proceedings, which shall be a public record, in which the ayes and noes shall
be entered as required by this charter or at any other time upon the demand of any
member. The affirmative vote of a majority of the entire membership shall be necessary
for council action. A majority of the entire membership of the council shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members. Whenever the term “entire membership” appears in this
charter pertaining to council voting, it means the entire membership of nine members, even
if there are vacancies.”
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 3: RELATING TO THE DEPARTMENT OF RESEARCH AND
DEVELOPMENT
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, Chapter 8, Section 6-8.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-8.3. Powers, Duties and Functions.
The director of research and development shall:
(a) Collect and develop data necessary for managerial and legislative decision-
making, and program and policy-making.
(b) \[Provide staff leadership for\] In collaboration and coordination with federal
and state agencies as well as the private sector, advance public and private
development programs, enterprises and plans, \[including economic, social
and cultural proposals, which\] that enhance and improve the \[county
community.\] county’s environmental, cultural, community, and economic
sustainability and resilience.
\[(c) Coordinate informational and regulatory knowledge of all federal and state
grant-in-aid participation programs which affect the county.\]”
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 4: RELATING TO AUTHORITY OF POLICE AND FIRE
COMMISSIONS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VII, Chapter 2, Section 7-2.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-2.3. Chief of Police and Deputy.
(a)The chief of police shall be appointed by the police commission and may be
disciplined or removed by the police commission at its sole discretion.
(b) Any motion for discipline or removal of the chief of police must contain a statement
of reasons, and the commission shall not vote to discipline or remove the chief of
police unless the chief of police has been given an opportunity to respond to the
statement of reasons at a hearing before the commission.
(c) The deputy shall be appointed by the chief of police with the confirmation of the
police commission and may be removed by the chief of police with the approval of
the commission, without cause being stated.
(d) The chief of police shall have had a minimum of five years of training and experience
in law enforcement work, including at least three years in a responsible administrative
capacity.”
Section 2. Article VII, Chapter 4, Section 7-4.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.3. Fire Chief.
(a) The fire chief shall be appointed by the fire commission and may be disciplined or
removed by the fire commission at its sole discretion.
(b) Any motion for discipline or removal of the fire chief must contain a statement of
reasons, and the commission shall not vote to discipline orremove the fire chief
unless the fire chief has been given an opportunity to respond to the statement of
reasons at a hearing before the commission.
\[(b)\](c) The fire chief shall have had a minimum of five years of training and experience in
fire control, including at least three years of experience in a responsible
administrative capacity.”
Section 3. Charter material to be repealed is bracketed and stricken
through.New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
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Section 4. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 5.Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposalwhich can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 6. This amendment shall take effect upon approval by the electorate.
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Proposal No. 5: RELATING TO TERMS OF COUNCIL MEMBERS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, Section 3-2, of the Hawai‘i County Charter (2018 Edition), is
amended to read as follows:
“Section 3-2. Composition and Terms.
There shall be a county council composed of nine members. One member shall be
elected from each of nine districts. The terms of the council members shall be \[two\] four
years and shall begin at twelve o’clock meridian on the first Monday of December after their
election. The terms of the council members shall not exceed \[four\] two consecutive \[two\]
four year terms. Candidates shall be elected in accordance with the election laws of the state,
insofar as applicable.”
Section 2. Article XVI of the Hawai‘i County Charter (2018 Edition) is amended by
adding a new section to be appropriately designated and to read as follows:
“Section 16_. Transitional Provisions for Change to Four Year Council Terms; Effect
on Incumbent Council Members.
(a) The transition to four-year council terms, with a term limit of two consecutive four-
year terms, shall commence at twelve o’clock meridian on December 5, 2022.
(b) A council member elected in the 2014, 2016, 2018, and 2020 first special elections
or second special elections shall not be eligible for reelection in 2022.
(c) A council member elected in the 2016, 2018, and 2020 first special elections or
second special elections who is reelected in either the first special election or second
special election of 2022 shall serve for two years and shall not be eligible for
reelection in 2024. An election for the affected council district seat shall be called in
2024, and the person duly elected shall serve a four-year term, pursuant to Section 3-
2 of this Charter.
(d) A council member elected in the 2018 and 2020 first special elections or second
special elections who is reelected in either the first special election or second special
election of 2022 shall serve for four years and shall not be eligible for reelection in
2026.
(e) A council member elected in either the first special election or second special
election in 2020 who is reelected in either the first special election or second special
election of 2022 shall serve for four years and shall be eligible for reelection in 2026.
If the incumbent council member is reelected in 2026, the council member shall
serve for two years and shall not be eligible for reelection in 2028. An election for
the affected council district seat shall be called in 2028, and the person duly elected
shall serve a four-year term, pursuant to Section 3-2 of this Charter.”
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Section 3. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 4. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 5. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 6. This amendment shall take effect at twelve o’clock meridian on
December 5, 2022, and thus apply to terms of office for council members elected in the
2022 first special election or the 2022 second special election.
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Proposal No. 6: RELATING TO THE PUBLIC ACCESS, OPEN SPACE,
AND NATURAL RESOURCES PRESERVATION FUND
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X, Section 10-15, of the Hawai‘i County Charter (2018 Edition),
is amended to read as follows:
“Section 10-15. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year’s operating budget, the council shall appropriate a
minimum of two percent of the certified real property tax revenues, including penalty
and interest, to a fund known as the public access, open space, and natural resources
preservation fund. Deposits to the fund shall occur at a minimum, on a quarterly
basis.
(b) Funding shall consist of a minimum of two percent of actual revenue received in the
fiscal year. Additional revenue may consist of grants and private contributions
intended for the purpose of this section, voluntary contributions of any amount as
specified on the real property tax bill, proceeds from the sale of general obligation
bonds authorized and issued for the purpose of this section, council appropriations
for the purpose of this section, and any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of Hawai‘i
for public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco-systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water
supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds
issued in whole for the purpose of this fund.
(3) Pay for the salary, wages and benefits of staff dedicated to advancing the
activities contained within this section and Section 10-16 of this charter.
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but
shall remain in the fund accumulating interest from year to year. The moneys in this
fund shall not be used for any purpose except those listed in this section.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f) This fund shall be used for acquisition of land and easements and shall not be used
for development, maintenance or for any purpose other than as provided in this
section.
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(g) The highest and best use of this fund is to leverage the money in the fund by attracting
matching funds, although, matching funds are not required in every purchase.
(h) Any land acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: “This land was acquired with moneys from the
Public Access, Open Space, and Natural Resources Preservation Fund. It shall be
held in perpetuity for the use and enjoyment of the people of Hawai‘i County and
may not be sold, mortgaged, traded or transferred in any way.”
(i) Any easement acquired with this fund shall contain the following restrictive covenant
in its recorded deed of conveyance: “This easement was acquired with moneys from
the Public Access, Open Space, and Natural Resources Preservation Fund. It shall
be held in perpetuity for the use and enjoyment of the people of Hawai‘i County and
may not be sold, mortgaged, traded or transferred in any way.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i
(2020), the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 7: RELATING TO DISCIPLINE OF COUNCIL MEMBERS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, Section 3-7, of the Hawai‘i County Charter (2018 Edition),
is amended to read as follows:
“Section 3-7. Meetings; Rules and Journal; Voting and Quorum.
(a) The county council shall meet regularly at least twice in every month at such times
and places as shall be established by rule of the council, and meet at least quarterly
in the judicial district of North Kona or South Kona.
(b) The council shall determine its rules and order of business and shall provide for
keeping a journal of its proceedings, which shall be a public record, in which the
ayes and noes shall be entered as required by this charter or at any other time upon
the demand of any member.
(c) The affirmative vote of a majority of the entire membership shall be necessary for
council action. A majority of the entire membership of the council shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members. Whenever the term “entire membership” appears in
this charter pertaining to council voting, it means the entire membership of nine
members, even if there are vacancies.
(d) Upon an affirmative vote of two thirds of its entire membership, the council may
suspend without pay for not more than one month any member who:
(1) Behaves in a disorderly or contemptuous manner in its presence; or
(2) Fails to attend three or more regularly scheduled council meetings without being
excused from attendance by the council chair for each unattended meeting.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i
(2020), the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the elector
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Proposal No. 8: RELATING TO THE DEPARTMENT OF INFORMATION
TECHNOLOGY
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, Chapter 4, Section 6-4.4, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-4.4.Powers, Duties, and Functions.
The director of information technology shall:
(a) Operate the central data processing system, and coordinate and oversee the
operations of departmental data processing systems, except for those
systems maintained by the department of water supply\[.\], the office of the
prosecuting attorney and the police department.
(b) Provide technical expertise in data processing and telecommunication to
applicable departments and agencies of the county.
(c) Assist in the development of management information.
(d) Advise the mayor on matters relating to data processing and
telecommunication.
(e) Perform such other duties as may be required by law.”
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5.This amendment shall take effect upon approval by the electorate.
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Proposal No. 9: RELATING TO THE ESTABLISHMENT OF A DISASTER
AND EMERGENCY FUND
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X of the Hawai‘i County Charter (2018 Edition), is amended by
adding a new section to be appropriately designated and to read as follows:
“Section 10-_. Disaster and Emergency Fund.
(a) In adopting each year’s fiscal operating budget, the council shall appropriate a
minimum of one per cent of the certified real property tax revenues to a fund
known as the disaster and emergency fund. Additional funds may be deposited
into the disaster and emergency fund from state and federal grants, the federal
emergency management agency, private sources, and any other source of revenue.
Such appropriation shall continue until a minimum of $20,000,000 is accumulated
in the fund. Use of the funds for any of the purposes listed in this section may be
permitted even if the target goal of $20,000,000 is not met.
(b) Moneys in the disaster and emergency fund shall be utilized only for the following
purposes:
(1) Repair of county facilities and infrastructure damaged by a natural or
human-caused disaster or emergency;
(2) Cleaning of county property, including roads, drainage and sewage systems,
damaged by a natural or human-caused disaster or other emergencies when
such action serves a public purpose;
(3) Providing immediate response for services to deal with public health and
safety risks due to a natural or human-caused disaster or emergency in the
form of personnel, equipment, materials, supplies and service contracts;
(4) Matching federal, state or private grants-in-aid individually or in any
combination to develop or restore public property to a safe and useable
condition;
(5) Paying for operational expenses of the county after a disaster or emergency
when the county is unable to realize revenue at sufficient levels due to the
disaster or emergency;
(6) Paying for acquisition of property to mitigate future potential disasters or
emergencies; and
(7) Paying for administrative expenses, which shall not exceed five percent
except as indicated in (5) above. For the purposes of this section,
administrative expenses are defined as staff or contracted salaries and
related fringe benefits.
(c) If the county should receive reimbursement of funds for money advanced by the
disaster and emergency fund, those funds shall be deposited into the disaster and
emergency fund.
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(d) The director of finance shall administer the disaster and emergency fund, which
shall include investment of the fund.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i
(2020), the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 10: RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION MAINTENANCE FUND
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X, Section 10-16, of the Hawai‘i County Charter (2018
Edition), is amended to read as follows:
“Section 10-16. Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund.
(a) The purpose of the public access, open space, and natural resources preservation
maintenance fund is to accrue and use moneys for maintenance of lands and
easements acquired by the public access, open space, and natural resources
preservation fund. The maintenance fund will ensure that money is dedicated to
preserve the land, promote public safety, and maintain a healthy stewardship.
(b) \[Definitions.\] For the purpose of this section, \[the following definitions apply:
“Maintenance”\] “maintenance” means to preserve and conserve lands and
easements acquired by the public access, open space, and natural resources
preservation fund and keep them in good repair for public safety.
\[“Maintenance fund” means a separate fund that holds moneys directed from:
1) the general fund and property tax revenues; or 2) designated grants, private
contributions, proceeds from the sale of general obligation bonds, council
appropriations, and any other source of revenue.\]
(c) There is established a public access, open space, and natural resources preservation
maintenance fund (hereinafter “maintenance fund”). The maintenance fund shall be
administered and managed by the \[department ofparks and recreation. The financial
aspects of the maintenance fund shall be handled by the\] department of finance.
(d) Deposits due to the maintenance fund.
(1) In adopting each fiscal year’s operating budget, the council shall appropriate
one-quarter of one per cent of all real property tax revenue (including interest
and penalties) to the maintenance fund. Deposits to the maintenance fund
shall occur on a quarterly basis at a minimum.
(2) Additional revenue deposited in the maintenance fund may consist of grants
and private contributions intended for the purpose of this section, proceeds
from the sale of general obligation bonds authorized and issued for the
purpose of this section, council appropriations for the purpose of this section,
and any other source of revenue.
(e) Accounting for the maintenance fund; interest bearing accounts; reporting by the
department of finance.
(1) All moneys in the maintenance fund shall be deposited in interest bearing
accounts until needed. Any interest shall accrue to the maintenance fund.
(2) Moneys in the maintenance fund shall be identified separately for:
(A) Funding received from the real property tax revenue including interest
and penalties; and
22
(B) Funding received from grants and private contributions, and any other
source of revenue, and its interest earned, which:
i. Shall be itemized and earmarked for specific projects for the
lands or easements.
ii. Shall not be subjected to the maximum accrual of funds limit
provided in subsection (f).
(3) Financial statements shall be posted each month on the public access, open
space, and natural resources preservation fund web site.
(f) Maximum accrual limit in maintenance fund; exemption to funding.
(1) Only moneys derived from real property tax revenue, its interest, and its
penalties shall be included in the computation of the maximum accrual limit
for the maintenance fund. All other moneys specifically directed to the
maintenance fund shall be held separately from those moneys in the
maintenance fund that originated from real property tax revenues (including
interest and penalties), and shall not be subjected to the maximum accrual
limit.
(2) The maximum accrual limit shall not exceed $3,000,000.
(3) At the end of any fiscal year in which the maintenance fund holds
unencumbered funds derived fromreal property tax revenue (including
interest and penalties) of at least $3,000,000, any unencumbered amount in
excess of that $3,000,000 shall be permanently transferred to the general fund
balance.
(4) Exemption to funding. If the maintenance fund holds $3,000,000 in
unencumbered funds derived from real property tax revenue (including
interest and penalties), then the council and the executive branch do not need
to add more money to the maintenance fund until the next budget cycle. This
exemption shall not release the administration from its mandatory duty to
maintain and preserve lands and easements acquired by the public access,
open space, and natural resources preservation fund in good repair for public
safety each fiscal year.
(g) The maintenance fund shall be used solely for public safety maintenance and
preservation of those lands and easements acquired by the public access, open space,
and natural resources preservation fund, and \[may\] shall be used only for
expenditures directly related to its purpose. Expenditures by the administration \[or\]
and/or stewardship grants presumed to be directly related are as follows:
(1) Reparation (fixing, mending, repair work, and servicing);
(2) Preservation (damage control, salvaging, safekeeping, and safeguarding);
(3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
(4) Restoration (replacement, reclamation, reconditioning, and remediation);
(5) Wildfire and fire prevention;
(6) Repair of existing buildings to meet the current code requirements, if the
building is deemed reasonable to save;
(7) Replacing signs to meet the current code requirements;
(8) Installation, repair, or replacement fencing and gate or access mechanisms;
(9) Installation or repair of cattle guards;
(10) Building, renting, leasing, installing, and maintenance of toilet facilities;
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(11) Building and installation of small sheds or structures for the storage of
maintenance equipment;
(12) Building, installation and maintenance of structures to provide protection from
the elements;
(13) Creation of trails or paths to access land for public safety, maintenance, and
preservation;
\[(10)\]14 Mitigation of flooding problems including repair or restoration of existing
culverts, drainage features, or other similar flood control mitigation;
\[(11)\]15 Archeological survey and buffering of Native Hawaiian historical or cultural
sites after appropriate consultation with Native Hawaiian descendants and
cultural practitioners;
\[(12)\]16 Biological studies for the protection of Native Hawaiian species of plants and
animals; or
\[(13)\]17 Mitigation of Americans with Disabilities Act compliance issues that may
arise during the course of public safety maintenance and preservation.
\[Moneys in the maintenance fund shall not be used for planning, design,
development, or construction of new buildings, facilities, or infrastructure including roads,
paths, bridges, culverts, ramps, or drainage features. Money in the maintenance fund shall
also not be used for mitigation of Americans with Disabilities Act compliance issues for any
new buildings, facilities, or infrastructure. Payment to resolve these aforementioned issues
shall be from the capital improvement projects budget or allotments derived from the general
fund.\]
(h) Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects,
which uses are reflected in subsection (g).
(1) An award of a stewardship grant shall be by council resolution. Stewardship
grants may be awarded only until moneys in the maintenance fund are
extinguished. Grants shall be awarded on the basis of ability of the
stewardship organization to complete the project on time and within cost
estimates.
(2) Only 501(c)3 nonprofits or an organization that operates under the umbrella
of a 501(c)3 nonprofit, and that can complete a project for the good of the
community, shall be considered for a stewardship grant.
(3) Public notice by the department of finance of the availability of the
stewardship grants shall be placed in two newspapers of general circulation,
as well as electronic media accessible by internet, by August 1 of each fiscal
year provided money is available. These advertisements shall be paid for from
the maintenance fund.
(4) To apply for a stewardship grant, a stewardship organization shall provide to
the department of \[parks and recreation\] finance and the public access, open
space, and natural resources preservation commission the following:
(A) An application form obtained from the department of \[parks and
recreation\] finance,which is completed for each specific purpose or
project;
(B) A \[detailed business plan for the project that includes the name of the
501(c)3 nonprofit organization, the organization that operates under
the umbrella of a 501(c)3 nonprofit organization, if any, a\] copy of its
letter of determination from the Internal Revenue Service\[, a\]
24
confirming its 501(c)3 status or the 501(c)3 status of the umbrella
organization;
(C) A copy of its bylaws and mission statement\[, a\];
(D) A detailed business plan that includes the description of the specific
project, time frames for project goals, costs, and activities to
accomplish the stated purpose, and any other information requested
by the department of \[parks and recreation\] finance; and
\[(C)\](E) A signed agreement to file a written report to the department of
finance one year or less after receipt of funds \[that includes\] or thirty
days following project completion, which shall includedetails as to
what has been accomplished on the project, actual costs, \[and how the
money was spent.\] expense receipts, and any other information
requested by the department of finance. The completed report shall be
provided to the public access, open space, and natural resources
preservation commission and the council.
(5) Unexpended funds shall be returned to the maintenance fund within thirty
days of submitting a final report.
\[(5)\](6) No officer, board member, or employee of the 501(c)3 nonprofit organization
or the organization that operates under the umbrella of a 501(c)3 nonprofit
organization shall receive a salary \[or payment for labor or receive any
reimbursement for the stewardship work on the project.\] or any portion of a
salary from this fund for performing their general duties or functions as an
officer, board member or employee; however, compensation for specific
duties such as labor, educational workshops and maintenance work may be
paid to an officer, board member or employee if those duties have been
specifically identified and officially approved in the detailed business plan
submitted as part of the stewardship grant proposal. The 501(c)3 nonprofit
shall sign an agreement so stating these conditions and submit it with the
application.
\[(6)\](7) Mismanagement of moneys awarded for a stewardship grant shall
permanently bar the 501(c)3 nonprofit organization and the organization that
operates under the umbrella of a 501(c)3 nonprofit organization from
receiving future grants from the maintenance fund.
\[(7)\](8)The director of the department of \[parks and recreation\] financeshall provide
a short written evaluation of the proposed project to the council and include
a recommendation about the applicant’s ability to complete the project
according to the project plan.”
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
25
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposalwhich can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
26
Proposal No. 11: RELATING TO MANDATORY CHARTER REVIEWS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAW
Section 1. Article XV, Section 15-
Edition), is amended to read as follows:
“Section 15-3. Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than
the \[first\] fifteenthday of \[July prior to\] January of the charter review year, the mayor with
the confirmation of the council, shall appoint a charter commission composed of eleven
members to study and review the operation of the government of the county under this
charter. Commission members, no more than a majority of whom shall belong to the same
propriate funds to enable the commission
to carry out its duties, including the hiring of necessary staff.
No later than fifteen days after its members have been appointed and confirmed, the
charter commission shall hold its first meeting. The commission shall hold at least one public
hearing in each of the geographical areas. The commission may propose amendments to the
existing charter or a draft of a new charter \[which shall be submitted to the county clerk\].
Within a year of its appointment, the commission shall submit a written report of its
activities, findings and recommendations along with proposed amendments or a draft of a
proposed charter to the council. Within thirty days after receipt of the commission’s report
and proposed amendments or draft of proposed charter, the council shall return the proposed
amendments or proposed charter with any proposed alternatives. If no alternative is proposed
by the council, the commission shall submit the proposed amendments or proposed charter
to the county clerk within thirty days of receipt from the council. If any alternatives are
proposed by the council, the commission shall accept or reject proposed alternatives and
shall report any rejections to the council within thirty days of receipt of the alternatives from
the council. The council may recall any alternative within ten days of rejection. When the
time of recall for alternatives has lapsed, the commission shall submit to the clerk the draft
of proposed amendments or of a proposed charter together with any proposed alternatives
from the council which the commission did not incorporate into its draft. Upon receipt of the
amendments or charter in the form as proposed by the commission, the county clerk shall
provide for the submission of such amendments or charter, with any council alternatives, to
the electors of the county at either a special election as determined by the commission or at
the first general election following the charter review year. The commission shall prepare
the language of the question to be submitted to the voters for each of the amendments it
proposes.
The commission shall publish not less than forty-five days before any election, at
least once in at least two daily newspapers of general circulation within the county, as well
as via an electronic medium, such as the Internet, a brief digest of the proposed amendments
or charter, with any council alternatives, and the purpose thereof and a notice to the electorate
27
that copies of the proposed amendments or charter are available at the office of the county
clerk.
Members of the commission shall hold office until the day after the election at which
the amendments or charter is ratified or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or
a new charter, if a new charter is proposed, the amendment or new charter shall become
effective at the time fixed in the amendment or charter.”
Section 2. Charter material to be repealed is bracketed and stricken through.
New charter material is underscored. When revising, compiling, and printing these charter
not include the brackets, bracketed and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4.Severability. If any provision of this charter proposal, or the
application thereof to any person or circcumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 12: RELATING TO CORPORATION COUNSEL
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, Chapter 5, Section 6-5.2, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 6-5.2. Appointment and Removal.
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 have been licensed to practice
law for a period of not less than five years preceding appointment, and have at least three
years of experience in a responsible administrative capacity.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i
(2020), the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 13: RELATING TO THE HAWA
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VII, Chapter 4, Section 7-4.2, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.2. Statement of Policy.
It is hereby declared to be the purpose of this chapter to establish in the county a
system of fire protection and prevention, water safety and emergency services which shall
be based on qualified and professional leadership and personnel. In order to achieve this
purpose, the Hawai‘i fire department shall be operated in accordance with the following:
(a) Standards for recruitment shall be designed to attract into the department
persons with high degrees of education, intelligence and personal stability.
(b) Promotions and other personnel actions shall be based upon fair and
appropriate standards of merit, ability and work performance.
(c) Appropriate training shall be provided to the maximum extent possible and
practicable.”
Section 2. Article VII, Chapter 4, Section 7-4.3, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.3. Fire Chief.
(a) The fire chief shall be appointed by the fire commission and may be removed by
the fire commission at its sole discretion. Any motion for removal of the fire chief
must contain a statement of reasons, and the commission shall not vote to remove
the fire chief unless the fire chief has been given an opportunity to respond to the
statement of reasons at a hearing before the commission.
(b) The fire chief shall have had a minimum of five years of training and experience in
fire control, including at least three years of experience in a responsible
administrative capacity. Additionally, the fire chief shall have a combination of
education and experience substantially equivalent to possession of a bachelor’s
degree from an accredited college or university. The fire commission may waive
any residency requirements during the fire chief selection process.”
Section 3. Article VII, Chapter 4, Section 7-4.4, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.4. Powers, Duties and Functions.
The fire chief shall:
(a) Perform firefighting, water safety and emergency services in order to save
lives and property from fires and from emergencies arising on land, on the
sea and in hazardous terrain.
30
(b) Train, equip, maintain and supervise a force of firefighting, water safety and
emergency services personnel.
(c)Monitor the construction and occupancy standards of buildings for the
purposes of fire prevention and life safety.
(d) Provide educational programs related to fire prevention and life safety.
(e) Appoint the deputy fire chief and the private secretaries to the fire chief and
the deputy fire chief.
(f) Have such other powers, duties and functions as may be required by
ordinance.”
Section 4. Article VII, Chapter 4, Section 7-4.6, of the Hawai‘i County Charter
(2018 Edition), is amended to read as follows:
“Section 7-4.6. Powers, Duties and Functions.
The fire commission shall:
(a) Adopt rules necessary for the conduct of its business and review rules for
the administration of the department.
(b) Review the annual budget prepared by the fire chief and make
recommendations thereon to the mayor, the managing director and the
council.
(c) Review the department’s operations\[, as deemed necessary,\] for the
purposes of recommending improvements to the fire chief.
(d) Evaluate at least annually the performance of the fire chief and submit a
report to the mayor, the managing director and the council.
(e) Review personnel actions within the department for conformance with the
policies under Section 7-4.2 of this charter.
(f) Hear complaints of citizens concerning the department or its personnel and,
if necessary, make recommendations to the fire chief on appropriate
corrective actions.
(g) Submit an annual report to the mayor, managing director and the council on
its activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with \[the administrative affairs\]
standard operational activities of the department.”
Section 5. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 6. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 7. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
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without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 8. This amendment shall take effect upon approval by the electorate.
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Proposal No. 14: RELATING TO MEMBERSHIP ON BOARDS AND
COMMISSIONS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XIII, Section 13-4, of the Hawai‘i County Charter (2018
Edition), is amended to read as follows:
“Section 13-4. Boards and Commissions.
Except as otherwise provided in this charter, all boards and commissions specifically
established by this charter shall be governed by the following provisions:
(a) The members shall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members,
one shall be appointed for a term of one year, one for a term of two years, one
for a term of three years, one for a term of four years, and one for a term of
five years. Upon the initial appointment of the members of a commission
consisting of seven members, one shall be appointed for a term of one year,
one for a term of two years, two for a term of three years, two for a term of
four years, and one for a term of five years. Upon the initial appointment of
a commission consisting of nine members, one shall be appointed to a term
of one year, two for a term of two years, two for a term of three years, two
for a term of four years, and two for a term of five years.
(b) The members shall be appointed by the mayor, and confirmed by the council,
and may be removed upon recommendation by the mayor and the approval
of the council.
(c) No member shall be eligible for a second appointment to the same board or
commission prior to the expiration of two years, however, members of any
board or commission appointed for a term of two years or less shall be eligible
to succeed themselves for an additional full term.
(d) No member whose term has expired shall continue to serve on such board or
commission, except that if no successor has been appointed and confirmed,
the member shall continue to serve for ninety days or until a successor is
appointed and confirmed, whichever comes first.
(e) Any vacancy occurring in any board or commission shall be filled for the
unexpired term.
(f) \[Not more than a bare majority of the members shall belong to the same
political party.\]
\[(g)\] Members shall receive no compensation but shall be reimbursed for
necessary expenses incurred in the performance of their duties. Necessary
expenses may be paid in advance as per diem allowance which shall be
established by ordinance. Members of boards and commissions who do not
receive compensation from their employers during the time they are serving
on boards and commissions may be reimbursed by the county for actual work
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hours lost at the straight time rate of pay of such members in their regular
employment but in no case shall such reimbursement exceed two times the
state minimum wage hour rate.
\[(h)\](g) A chairperson shall be elected from its membership annually.
\[(i)\](h) The affirmative vote of a majority of the entire membership to which a board
or commission is entitled shall be necessary to make any action valid; except
that in the case of a board or commission which has only advisory functions,
the affirmative vote of a majority of those present shall be sufficient to make
any action valid.
\[(j)\](i) Each board and commission shall have the power to establish its rules of
procedure necessary for the conduct of its business, which rules shall contain
the time and place of all regular meetings, and which shall specify that a
quorum shall be a majority of the members to which the board or commission
is entitled.
\[(k)\](j) Notwithstanding any other provision in this charter, no person shall, by
reason of occupation alone, be barred from serving as a member of any board
or commission.
\[(l)\](k) The council shall act to confirm or reject any appointment made to a board or
commission by the mayor within forty-five days after receiving notice of the
appointment from the mayor. If the council does not confirm or reject any
such appointment within forty-five days, the appointee shall be deemed to
have been confirmed.
\[(m)\](l) The redrawing of council district boundaries during a commission member’s
term shall not affect a member’s eligibility to represent the district to which
the member was appointed.”
Section 2. Article XV, Section 15-3, of the Hawai‘i County Charter (2018
Edition), is amended to read as follows:
“Section 15-3. Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than
the first day of July prior to the charter review year, the mayor with the confirmation of the
council, shall appoint a charter commission composed of eleven members to study and
review the operation of the government of the county under this charter. Commission
members\[, no more than a majority of whom shall belong to the same political party,\] shall
be representative of the various , Kona, Kohala, Hmkua,
and Hilo. The council shall appropriate funds to enable the commission to carry out its duties,
including the hiring of necessary staff.
The commission shall hold at least one public hearing in each of the geographical
areas. The commission may propose amendments to the existing charter or a draft of a new
charter which shall be submitted to the county clerk. Upon receipt of the amendments or
charter in the form as proposed by the commission, the county clerk shall provide for the
submission of such amendments or charter to the electors of the county at either a special
election as determined by the commission or at the first general election following the charter
review year. The commission shall prepare the language of the question to be submitted to
the voters for each of the amendments it proposes.
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The commission shall publish not less than forty-five days before any election, at
least once in at least two daily newspapers of general circulation within the county, as well
as via an electronic medium, such as the Internet, a brief digest of the amendments or charter
and the purpose thereof and a notice to the electorate that copies of the amendments or
charter are available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is
ratified or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or
a new charter, if a new charter is proposed, the amendment or new charter shall become
effective at the time fixed in the amendment or charter.”
Section 3. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
Section 4. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 5. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 6. This amendment shall take effect upon approval by the electorate.
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Proposal No. 15: RELATING TO THE CAPITAL BUDGET AND CAPITAL
PROGRAMS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X, Section 10-6, of the Hawai‘i County Charter (2018
Edition), is amended by amending Subsection (a) to read as follows:
“(a) The capital budget shall contain at least the following:
(1) A simple, clear, general summary of the detailed contents of the capital
budget.
(2) The capital improvements pending or proposed to be undertaken within the
ensuing fiscal year, together with the estimated cost of each improvement,
the estimated operating cost, and the pending or proposed method of
financing it. Capital improvements shall be prioritized based on criteria
aligned with the general plan, community development plans, emergency
expenditures and other pertinent functional plans.
(3) Capital expenditures to be financed from current revenues in the ensuing
fiscal year.”
Section 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai‘i
(2020), the revisor need not include the underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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Proposal No. 16: RELATING TO THE BOARD OF ETHICS
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XIV, Section 14-5, of the Hawai‘i County Charter (2018
Edition), is amended to read as follows:
“Section 14-5. Board of Ethics.
(a) There shall be a board of ethics appointed by the mayor with the approval of the
council. It shall consist of five members who shall be residents of the county.
Members \[Each\] shall serve \[for a term\] staggered terms of five years. \[Upon the
initial appointment of members pursuant to this charter, one shall be appointed for a
term of one year, one for a term of two years, one for a term of three years, one for
a term of four years and one for a term of five years.\] The board shall adopt
\[establish\] its rules of procedure\[.\], having the force and effect of law, as shall be
necessary to provide for the enforcement of the code of ethics.
(b) Without limitation of its functions, the board shall:
\[(a)\](1) Interpret the code of ethics for both county officials and the public and on
its own may initiate and render opinions with respect thereto.
\[(b)\](2) Render advisory opinions to county officers and employees with respect
to the code of ethics pursuant to written requests by officers and
employees.
\[(c)\](3) Receive and initiate complaints of violations of the code of ethics and
transmit such complaints to the council or the appropriate appointing
authority, along with any pertinent advisory or formal opinions thereto.
\[(d)\](4) Hold hearings or conduct investigations concerning application of the
code of ethics and make public such violations of the code that come to its
attention.
\[(e)\](5) Publish advisory opinions with such deletions as may be necessary to
prevent disclosure of identity of persons involved where such opinions are
rendered pursuant to \[subsection (b)\] paragraph (2) above.
\[(f)\](6) Propose revisions to the code of ethics where not inconsistent with this
charter.
(c) The board may impose civil fines for violations of the code of ethics, as prescribed
by ordinance.”
Section 2. Charter material to be repealed is bracketed and stricken
through. New charter material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai‘i (2020), the revisor
need not include the brackets, bracketed and stricken material, or underscoring.
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Section 3. The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by the
electorate.
Section 4. Severability. If any provision of this charter proposal, or the
application thereof to any person or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the charter proposal which can be given effect
without the invalid provision or application, and to this end, the provisions of this charter
proposal are declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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