CHC 1990 CORRESPONDENCE 1979 PROPOSED CHARTER AMEND NEWSPAPER

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`'.%1— '0 1 !i,t•f.t 'n.' a, c,a2 10:,c IMs,rt ,6I.,Z igierk'i - B=12=1iawcii§�'i nbune-meraid,Sunday, septemner 16, 1979 iLan. ..:.':�.. -.e .. iii•5 r',' :.•-i '.>"'"•'::1 .1 .".4:::'Y .I15 7.55, .\:5y 7'i,..•. I j j' 11.3 i `+f '1 of the.corporation counsel consisting of the corporation condition of the county at the end of the year,within ninety plans. counsel,assistant corporation counsel and the necessary days after the end of the year. (c) Review subdivision and zoning ordinances and staff. (j) Prepare and maintain a perpetual inventory of all amendments thereto drafted by the director and transmit Section 5-2.2. Apppintment and Removal. The cor- lands, roadways, streets, easements and other land in- such ordinances with recommendations thereon through poration counsel shall be appointed by the mayor, con- terests owned,leased,rented or controlled by the county. the mayor to the council,for consideration.and action.The firmed by the council and may be removed by the mayor (k) Prepare and maintain a perpetual inventory of commission shall recommend approval, in whole or in with the approval of the council.He shall be an attorney equipment owned or controlled by the county and part,with or without modifications, or rejection of such licensed to practice and in good-standing before the materials and supplies in county storerooms,and dispose ordinances. Supreme Court of the State of Hawaii. of property not needed by any agency or executive agency (d) Adopt rules and regulations having the force and Section 5-2.3.Powers,Duties and Functions.Except as of-the county pursuant to policies established by or- effect of law pursuant to the subdivision and zoning or- specified in Section 3-8(c)of this charter,the corporation dinance._ . dinances. _ - counsel shall be the chief legal.advisor and legal (1)Where not in conflict with this charter,assume and (e) Review and recommend to the State land use representative of all county agencies, employees, and perform all the duties and functions of the purchasing commission any change of land use boundaries. officers in matters related to their official powers and agent, the treasurer and the auditor of the county as (f)Hear and determine appeals from the actions of the duties. He shall represent the county in all civil legal_ provided by law, and for this purpose the director of director on rezoning applications,and special exceptions proceedings and shall perform all other services incident - finance shall be authorized to appoint a deputy,to assign from the permitted uses of each district of the zoning • to his office as may be required by law.He shall,however, and reassign such duties to any employee as he sees fit ordinance. be prohibited from representing any elected officer in. and to make internal administrative and organizational (g) Hear and determine appeals requesting variances i ! impeachment proceedings. changes ns he sees fit subject to the approval of the or other exceptions from the subdivision and zoning or- Section. 5-2.4. Assistant• Corporation Counsel. The mayor. dinances where, due to special conditions, a literal' en- assistant corporation counsel shall be appointed by the (m)Exercise such other powers and perform such other forcement of the provisions of the ordinances will result in corporation counsel-and may be removed by the cor- duties as may be prescribed by this charter,by ordinance, unnecessary hardship and the granting of the variances or _' poration counsel.The assistant corporation counsel shall by law or by the mayor. other exceptions will not be contrary to-the public in- be an attorney licensed to practice and in good standing terest. before the Supreme Court of the State of Hawaii. Section 5-3.4. Pension Board. There shall be a pension (h) Hold public hearings whenever necessary and in Section 5-2.5.Special Counsel.The council may,by two- . board consisting of five members who shall be appointed every case.prior to the granting of any rezoning request, 7 • thirds vote of its entire membership, authorize the em- by the mayor and confirmed by the council in the manner variance,special exception,or other related applications. •` ployment of special counsel for any special matter prescribed in Section 12.4. The pension board shall Notice of the time and place of the hearing shall be r i presenting a real necessity for such employment. Any -assume the duties and functions of the pension board of published at least ten days prior to such hearing in a daily 3. such authorization shalt specify the compensation,if any, .the county and the board of trustees of the policemen, newspaper of general circulation in the county. . to be paid for said services. .firemen,and bandsmen as provided by law and shall be , Section 5-2.6.Term of.Office.Notwithstanding Section attached to the department of finance.The county Berk r: '12-8, the term of office of the corporation counsel, and the director of finance shall ex-officio be the secretary CHAPTER 5 1 assistantcorporation counsel and deputies shall be.co- -and treasurer,respectively, of the pension board. DEPARTMENT OF RESEARCH AND DEVELOPMENT terminous with that of the mayor;provided that where a CHAPTER 4 successor has not,been appointed and confirmed, the - PLANNING DEPARTMENT ' ' Section 5-5.1.Organization.There shall be a department ' corporation counsel shall continue in office pending-such Section 5-4.1. Organization. There shall be a planning of research and development consisting of a director and appointment and confirmation, but in no event shall he- department consisting of a planning director,a planning the necessary staff. ` continue in office beyond three months,whether acting or commission, and the necessary staff. . . . - r otherwise.- CHAPTER 3 Section 5-5.2. Director. The director of research and Section 5-4.2.Planning Director,The planning director development shall be appointed by the mayor,confirmed ,_ DEPARTMENT OF FINANCE -shall be appointed by the mayor,confirmed by the council by the council and may be removed by the mayor. ' - Section 5-3.1.Organization.There shall be a department and may be removed by the mayor.The director shall be • r ,r of finance'consisting of the director of finance and the the administrative head of.the department and shall: Section 5-5.3. Powers, Duties' and Functions. The necessary staff. • (a)Serve as the chief planning officer of the county and director of research and development shall:. - , Section 5-3.2.Appointment and Removal. The director .the technical advisor to the mayor,planning commission, (a) Collect and develop data necessary for managerial r- of finance shall'be appointed by-the mayor,confirmed by and council on all planning and related matters. and legislative decision-making,and program and policy- - . •- the council and maybe removed by the mayor. (b)Prepare a general plan and amendments thereto to making. - _ Section 5-3.3. Powers, Duties and Functions. The guide the development of the county, by district or g director`of finance; shall be`the finance officer of the districts. (b)development p staff leadership, enterprises for publicl and chpiding ate ' - development programs, and plans,including , county and shall: (c) Prepare proposed zoning and subdivision or- economic, social and cultural proposals, which enhance - � (a)Assist the mayor in the preparation and execution of dinances,zoning maps and regulations and any amend- improvement of the county community. the operating budget, operating program and capital ments or modifications thereto. - (c)Coordinate informational and regulatory knowledge budget. (d)Review the lists of proposed capital improvements of all federal and state grant-in-aid participation / (b) Collect special assessments as provided by and. contemplated by agencies and executive agencies of the programs which affect the county. subject to law.- county and recommended the order of their priority. - (c)Negotiate loans and the issuance and sale of bonds (e) Be charged with the administration of the sub- ' and notes when authorized by the, council; maintain division and zoning ordinances and regulations adopted ,CHAPTER 6 • records of county indebtedness and have charge of the thereunder. - DEPARTMENT OF WATER SUPPLY_ . payment of interest and principal thereon. , - ' (f) Be charged with the-approval of proposed sub- - (d) Have custody of all public funds belonging to or division plans which are in conformity with the sub- Section 5-6.1.Organization.There shall be a department under he control of the county,, county agency or division ordinance and regulations. of water supply consisting of a board of water supply,a executive agency,and deposit all such funds in banks or (g) Receive,process,and recommend to the planning director of water supply and the necessary staff. trust companies designated as depositories by resolution, commission appropriate action regarding rezoning ap- Section 5-6.2. Director. The director of water supply of the council,subject to the requirements imposed by law plications,special exceptions,and other similar requests. shall be appointed by the mayor,confirmed by the council as to surety and payment of interest,which interest shall (h) Be charged with the approval of variances as and may be removed by the mayor. The director shall ,_ acture to the benefit of the public and shall be credited to provided by law,but if any objections are made in writing have had a minimum of five years of training and ex- the proper fund and#ccount. to the director, the director's actions shall be subject to perience in a responsible administrative capacity,either (e)Examine all contracts,orders and other documents review by the planning commission according to law. If in public service or private business or both. ' by which financial obligations are incurred, and every the said request is denied by the director, the applicant Section 53.3. Powers, Duties and' .Functions. The such-document shall be subject to his approval but he planning commission. director of water supply shall: � ,: j 1?P may appeal such denial to the shall- not approve unless he first verifies the ap- • (i)Exercise all the powers and perform all the duties of • (a) Be the administrative head of the department of propriation, allotment and availability of funds to meet the planning director and the administrator of the corn- water supply. . the obligation concerned and verifies thereto as provided mission as authorized by law or ordinance and exercise (b) Recommend regulations to the board of water - in Section 9-11. such other powers and perform such other duties as shall supply. (f) Prepare and issue warrants, prepare.payrollsand be required or delegated by the mayor, planning con- (c) Have such other powers and duties as may be pension rolls and disburse all funds in the county treasury. mission,or council. - - provided by ordinance or as may be assigned by the '- No money shall be paid out of the treasury unless he first mayor or board of water supply. (i)verifies the appropriation,allotment and availability Section 5.4.3. Planning Commission. The planning In addition,all water systems of the county,including of funds to cover the claim concerned and certifies thereto commission shall consist of nine members who shall be water rights and water sources, together with all as provided in Section 9-11 and(ii)determines that such -appointed by the mayor and confirmed by the council in materials,supplies and equipment and all real and per claim is regular in form, correctly computed and con- the manner prescribed in Section 12.4.. Commission sonal property used or useful in connection with such stitutes a legal obligation. membership shall be representative of the community water systems,shall be under the control of the depart- `` - (g) Maintain a general accountinp rystem for the and of the county geographical areas of Puna,Ka'u,Kona, ment. IS county and require all county agencies and executive - Kohala, Hamakua, and Hilo. In addition, the chief - Section 54.4.Board of Water Supply.The board of water - - agencies to report and remit all receipts to him as often as engineer of the county and the director of water supply or supply shall consist of seven members who shall be ap-,. he deems desirable. their designated representatives shall serve as ex-officio pointed by the mayor and confirmed by the council in the (h)Each month submit to the mayor and to the council members of the commission without power to vote. The manner prescribed in Section 12-4. Commission mem- 5 through the mayor a statement of the revenues and ex- commission shall establish its rules of procedure and bership shall be representative of the community and of penditures for the preceding month and for the fiscal year ;hall: _ - the county geographical areas of Puna, Ka'u, Kona, up to and including the preceding month.Such statement (a)Advise the mayor,council and the planning director Kohala, Hamakua, and Hilo. In addition, the planning shall be sufficiently detailed as to appropriations, allot- in matters concerning planning programs. director and the chief'e `, merits and funds to show the exact financial condition of (b) Review the ngineof the county or their general plan, its amendments designated representatives shall serve as ex-officio the county and of each of its agencies and executive I and other plans and modifications thereof and transmit members of the board without power to vote. ' agencies. such plans with recommendations thereon through the The board of water supply shall:' • - l_ , (i)Submit to the council through the mayor at the end of mayor to the council for consideration and action. The (a) Adopt rules and regulations relating to the i each fiscal year a report of the financial transactions of• commission shall recommend approval, in whole or in management, control, operation, preservation and i that year and a complete statement of the financial part,with or without modifications, or rejection of such protection of the waterworks systems of the county to be --i