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MICHAEL BEN (At this time, Human Resource Director, Michael Ben came forward to address the Commission) MICHAEL BEN: Good afternoon Chairman and members of the Charter Commission. My name is Mike Ben, I am the Director of Human Resources for the County of Hawaii. I wanted to make a request. Generally speaking throughout the Charter, not particularly on a specific agenda item, but throughout the Charter, you will find references to positions being civil service or not being civil service, or being classified, or not being classified. Case law has established that the Hawaii Revised Statutes pertaining to civil service law trumps the Charter. There are numerous instances in the Charter where references are inappropriate because civil service law says otherwise. A prime example of this would be the Band members. It says they are not civil service, however, under civil service law they are in fact civil service and we've had to make changes to that effect. So, you'll find this throughout the Charter and what I am requesting is that those references be removed from the Charter. Thank you. CHR. HAITSUKA: Any questions? Ms. Jarman. MS. JARMAN: Do you know which - - -I mean, have you looked at the Charter to know which ones specifically? I also noticed that - - -are you going to be here later so we can talk a little bit about that provision about the Clerk being able to appoint necessary staff with - - -you know that whole issue with the Clerk appointing somebody who is civil service versus not civil service, and sort of comparing that with the appointment of the agency heads. Would you be able to be here for some discussion on that today? MICHAEL BEN: If you wish. MS. JARMAN: If you have the time, I think it would be helpful to have your input. MICHAEL BEN: Okay. I don't have - - -I didn't go through the whole thing. I quickly went through the articles you were reviewing today. So, Article IV, Section 4.5 paragraph (a) there is reference about "Appoint and remove a deputy or assistant and a private secretary and such positions shall be exempt from civil service law and classifications." That is one particular provision. Moving on to Section 5 -1.3 subparagraph (b), again, "All positions in the mayor's office shall be exempt from civil service laws and classifications." Specifically, the civil service law says they're exempt, but they must be classified; so they're all classified. MS. JARMAN: Thank you. MICHAEL BEN: One more on your agenda today is the County Bands that I just referenced. That is in Section 6 -8.4. There are others inhere, but I think they are not on your agenda today. CHR. HAITSUKA: Thank you, Mr. Ben. I believe we have one person testifying in Kona. Ms. Ford. 12