CHC 1990 CORRESPONDENCE 1979 PROPOSED CHARTER AMEND NEWSPAPER

Home

� _ gX6{ ,1 ,vt -TJ ca'C. -)1j sd.a-r)prts i + evr,iit-8(- 1- y :i h- ,1,0,`,927-,'7. s rHawaii Tribune Herdid;„Suhday,�Sept'ember 1;1i" 1979B-l5 ' ti. 'a :ik i.',3 r.tY;" f`31 'it qs�l . eC;: , �. yf•'s�t - propriations-may` made-by ordinance-effective`im- „ capital improvements to be financed wholly or partly by (d) The advertisement for bids shall be made a suf- mediately upon adoption. ' - the issuance of bonds; nor shall it prevent the making, ficient time before the purchase or contract, and when permitted by law, of any contract or any lease specifications andinvitationsfor bids shall permit such • providing for the payment of funds at a time beyond the full and free competition as is •consistent with the a public emergency life, health or and of the fiscal year in which the contract or lease is procurement of the types of materials, supplies, equip- Toprmeet the council, may make affectingelife, health y ap";) . made. But any contract; lease or other obligation meat and services necessary to meet the requirements of requiring the paythent of funds from the appropriations of the agency concerned. - propriations. Such appropriations may be made by or- a later fiscal year or of more than one fiscal year shall be Mi bids shall be publicly opened at the time and place - present and must-be approved by all council members made or approved by resolution, stated in the advertisement. Award shall be made with . or by two-thirds of the entire membership.To the extent that there are no available unappropriated - reasonable promptness by written notice to the respoa • - revenues to meet such appropriations,the council may by , , sible bidder,whose bid,conforming to the invitation for. ordinance authorize the issuance-of emergency notes, bids,will be most advantageous to the county,price and other factors considered. - Section 9-12. Special Funds: Upon recommendation of • (e) Purchase orders shall be issued upon the.en- These notes may be renewed from time to-time,but the the mayor-the council mayby ordinance abolish or dorsement of the purchasing agent, and such en- emergency notes and renewals of any fiscal year shall be' establish such special funds as may be necessary for the dorsement shall be made in accordance with rules and paid not later than the first day of the fiscal year next proper and efficient segregation of fiscal operations of the regulations promulgated by the director of finance. - succeeding that in which the emergency appropriation county- (f) The director of finance shall, from time to time, _ was made.The total of emergency appropriations in any secure from all agencies estimates of their needs for fiscal year shall not exceed one-half of one percent of the - - . articles-of common use and shall, when practicable, total operating appropriations, excluding those for debt consolidate requisitions in order to secure the benefit's of service made in the operating budget for thatyear. , ; Section 9-13. Post-audit. The county council shall quantity purchases, and may enter into cooperative provide at least once every year for an independent audit buying arrangements withother public agencies. of the accounts and other evidences of financial.tran- (g) The director of finance may by rules and sections of the county and of every county agency and regulations provide for: ' executive agency.The audit shall be made by a certified (1) Emergency purchases which might be required. Section 9-9.Appropriations:Reduction and Transfer.If public accountant or firm of certified public accountants, (2) Petty cash funds or blanket purchase orders or at any time duringthe fiscal year it appears probable to designated by the council,who have no personal interest, beth- - - - ' the mayor that the revenues available will be insufficient direct or indirect,in the fiscal affairs of the county or of (3) Non-competitive purchases .and contracts to meet the amount appropriated,he shall report to the any of its agencies or executive agencies.The audit shall provided for under subsection 9-14 (c) (3). ' - county council without delay, indicating the estimated include both financial accountability and adequacy of the • (4) -Approval and signing procedures related to the amount of the deficit.For that purpose the council may by financial and accounting system.If the State makes such issuance of purchase orders. - ordinance reduce one or more appropriations;. but no an audit, the council may accent it as satisfying the (5) Negotiated sales of county-property found appropriation required for debt service may be reduced . requirements of this section. unusable for public purposes and valued below $100.00 and no appropriation may be reduced by more than the Either the council or the mayor may at any time order without public auction. • amount of the unencumbered balance thereof or below an examination or audit of the accounts or program of any (h) All county storerooms.(other than departmental) any amount required by law to be appropriated. county agency or executive agency. Upon the death, - shall.be supervised and operated by the director of - resignation, removal or expiration of the term of any , finance. - - • county administrative officer,the director of finance shall (f) The director of-finance shall require such guaran- The mayor may at any time during the fiscal year cause an audit and investigation of the accounts main- tees of performance by vendors as in his opinion may be - transfer part of all of any unencumbered appropriation tained by the officer and by•his agency or executive necessary or-may be prescribed by ordinance. balance between classifications of expenditures or agency to be made_and shall report the results thereof to programs within an agency or executive agency;and if at the mayor and the council. Inthe case of the death, ` any time the mayor so requests in writing,the council,by resignation or removal of the director of finance, the - - ' - resolution effective immediately upon adoption, may council may cause an audit to be made of the accounts of - transfer,part or all of any unencumbered appropriation all agencies and executive agencies.If,as a result of any balance from-one agency or executive agency to another. such audit,an officer be found indebted to the county,the _ But no transfer shall be made from appropriations for mayor shall proceed forthwith to collectthe indebtedness. ARTICLE X _ debt service or for estimated cash deficit; and no ap- INITIATIVE AND REFERENDUM. prgpriation may be reduced below any amount required ''a . by law to be appropriated. Section 10-1:The Powers of Initiative and Referendum. . - • (ap The power of voters to propose ordinances(except - - as provided in Section 10-2 )shall be the initiative power. • - - - (b)The power of voters-to approve or reject ordinances Section 9-14. Centralized Purchas by election(except as provided in Section 1.0-2) shall be _ Section 9-10. Lapse of Appropriations. General ap- the'referendum power, propriations, except an appropriation for a capital (a) The department of finance shall be responsible for ; - ex- penditure,shall lapse at the close of the fiscal year to the the procurement of all materials,supplies,equipment and _ extent that the same has not been expended or en- services required by any agency of the county,except as cumbered. An appropriation for a capital expenditure otherwise provided by this charter or any law. - Section 10-2. Limitations to Powers. The initiative _ that is not encumbered shall lapse at the end of two fiscal power and the referendum power shall not extend to: aNly part or all of the operating budget or capital budget;any years following the fiscal year that the appropriation was (b) There shall be a standardization committee com - financial matter relating to public works; any ordinance made. posed of five members. The mayor shall appoint four making or repealing any appropriation-of money or fixing members without necessity of council confirmation,each the salaries of county employees or officers; any or- of whom shall be from a separate department. The fifth dinance authorizing or repealing the levy of taxes; any - member shall be a representative of the department of emergency legislation. - Sectio - - n 911. Pa finance who shall serve as chairman of the committee. - yments and Obligations'Prohibited: The committee shall classifyall materials, Verifications;Penalties.No payment shall be authorized supplies and or made and no obligation incurred against the county equipment commonly used by the various agencies of the - except in accordance with appropriations dulymade. No county and•shall prepare and adopt standards and Section 10-3, Submission Requirements.quirements: payment shall be made against any allotment or ap- specifications for such materials, supplies and equip- (a)Voters seeking to propose an ordinance by initiative _ propriation unless the director offinance first verifies meat. - shall submit an initiative petition addressed to the couneil- that there is sufficient unemcumbered balance in the - and containing the full text of the proposed ordinance.The _ ` allotment or appropriation and that sufficient funds initiative petition shall be filed with the clerk of the therefrom are available to cover the claim concerned;nor (c) All purchases and contracts for materials, sup- council at least forty-eight hours prior to any regular ' incurred any piles; equipment and services -shall be made by ad- council meeting. app opriation unless the agencyahead firsainst t verifies that vertising,except that such purchases and contracts may (b) Voters king referendum on an ordinance shall. be negotiated without advertising if: submit a referendum there is sufficient unemcumbered-balance in the allot- petition addressed to the council, ment or appropriation and that sufficient funds therefrom (1) The public exigency will-not admit of the delay identifying the particular ordinance and requesting that it. incident to advertising. will be available to meet the obligation concerned when it .. be either repealed or referred to the voters of the county, • becomes due and payable.Every obligation incurred and • (2)- The aggregate amount involved does not exceed (c) Each initiative petition and each referendum- eve authorization of $4,000.00;however,any purchases or contracts involving petition must be signedby qualified voters of the county every payment in violation of the sums between $500.00 and $1,000,00 shall be based on provisions.of this charter shall be void. Every payment competitive bids which shall be in writing. number of personsoto whot voted infteec percent theof the teto'f made in violation of the provisions of this charter shall be - (3) It is im ractica le to secure competitive bidding voted the county for' office of illegal;and all county officers who knowingly authorize or p mayor in the last preceding general election. ' make such payment or anyfor materials,supplies and equipment,including animals, part thereof shall be jointly plants, -food and fodder for animals of the zoo, non- - - and severally liable to the county for the full•amount so• processed agricultural'products,patented or proprietary . paid or received- If any "county officer or employee articles-and books and publications. -- Section 10-4.. Petitioners' Committee, For each• _ knowingly authorizes or makes any payment or incurs '(4) It is determined that theprocurement of equip- initiative or-referendumpetition there shall be a any obligation in violation of the provisions of this charter q p" - or takes part therein, that action shall be cause for his ment determined to be technical equipment is necessary petitioners' committee representing all the petitioners, removal. to assure standardization of the equipment and in- which committee shall be composed of five members who terchangeability of parts and that such standardization shall be qualified voters of the county and signers of the ' • . - and interchangeability are necessary in the interest of petition. The committee shall be responsible for cir- - economy. ' culation of the petition and for assembling and filing the ',-- Nothing contained in this section or other sections of this- (5) Any other procedure or matter will promote the petition in proper form. The committee shall have the charter shall be construed to prevent the making or - effective,efficient and timely procurement of goods and power to amend or withdraw the petition as provided in authorizing of payments or making of contracts for services.- - this charter.