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<br /> • • , ' Hawaii Tribune-Herald, Sunday,September 16, 1979-B-17 ' -
<br /> the recall election, he shall be deemed removed from (10) Upon the conviction of any felony in any jurisdic- Section 12-6. Bonding Officers. The director of finance
<br /> office upon the anoouncement of the official canvass of tion. If any of the above events occurs after election, and such other county officers or employees as the council ' •
<br /> that election,and the office shall be filled as provided by but prior to the commencement of the term,the office is may require shall furnish bonds in the amount and with
<br /> this charter for the filing of vancancies of elected officials. vacant at the time the term commences. the surety prescribed by the council by ordinance. The
<br /> The successor of any persons so removed shall hold office premiums on such bonds shall be paid by the county.
<br /> during the unexpired'term of his predecessor. Section.122. Titles, Subtitles, Personal Pronouns;
<br /> Constructions. Titles and subtitles shall not be used for Section 12.7. Rules and Regulations. Except as other-
<br /> Section to of the purposes of construing this charter. When any personal wise provided in this charter, all rules and regulations
<br /> removal ofany11-1.9.Immunityfficer shall not be Recall. Theted questionto the voters pronoun appears in this charter, it shall be construed to having the force and effect of law adopted by any board,
<br /> • until suchtperson has servedhall sib (6)u months of the otteers mean either sex. commission or administrative head of a department shall
<br /> be approved by the council and the mayor before going
<br /> during which he is sought to be recalled,nor,in case of an - into effect. The provisions of this section shall be ap-
<br /> officer retained in a recall election, until one year,after plicable to service rates or fees, license fees and other
<br /> that election. •
<br /> Section12-3, Appointments. No appointing authority charges. • - -
<br /> shall appoint any person to any office or position which is - •
<br /> • exempt from the civil service laws until satisfied by - -
<br /> CHAPTER 2 proper investigation that the person to be appointed is
<br /> fully qualified by experience and ability,to perform the Section 12-8. Term of Office of Department Heads. The
<br /> ' IMPEACHMENT duties of his office or. position. terms of office of department heads, deputies and
<br /> assistants shall be co-terminous with that of the ap-
<br /> Section 11-2.1. Impeachment of Elected Officers. Any pointing authority; provided,that where a successor has
<br /> elected officer or officer appointed to a vacancy in any - not been appointed and qualified; a department head, -
<br /> elected office may be impeached for malfeasance,. Section 12-4. Board and Commissions. Except as deputy or assistant,as the case may be,shall continue in
<br /> misfeasance, nonfeasance, or maladministration Inof- otherwiseprovided in this charter,all boards and com- office pending such appointment and '
<br /> flee.The circuit court shall be a court of impeachment for PPo qualification.
<br /> the trial of any such officer who maybe charged on any of missions specifically established by this charter shall be
<br /> • the foregoing grounds.The charges shall be set forth in governed by the following provisions: ;
<br /> (a) The members shall serve staggered terms of five
<br /> detail in writing in a verified petition for impeachment Section 12-9. Non-Civil Service Status and
<br /> years.Upon the initial appointment of the members of a
<br /> signed by not less than one hundred (100) qualified Classification. From and after the full effective date of
<br /> commission.consisting of five members, one shall be
<br /> electors of the county. appointed for a term of one year,one for a term of two this charter,no employee or officer of the county who is
<br /> The court shall sit without a jury and shall proceed years,one for a term of three years,one for a term of four exempt from the civil service laws shall have his position
<br /> according to the form required for the trial of all civil included in a position classification plan established under
<br /> cases. years, and one for a term of five years.Upon the initial the civil service laws.
<br /> If the court sustains the charge, the officer shall be appointment of the members of a commission consisting •
<br /> deemed removed from office and the office declared of seven members, one shall be appointed for a term of -
<br /> vacant under this charter. one year,one for a term of two years,two for a term of -
<br /> three years, two for a term of four years,and one for a Section 12.10. Prohibitions. No person who seeks ap
<br /> term of five years. Upon the initial appointment of a pointment or promotion with respect to any-county
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<br /> commission consisting of nine members, one shall be position or appointive county administrative office shall
<br /> appointed to a term of one year, two for a term of two directly or indirectly give, render or pay any money,
<br /> • years,two for a term of three years,two for a term of four service or other valuable thing to any person for or in
<br /> years,and two for a term of five years. connection-with his test, appointment, proposed ap-
<br /> ARTICLEXII (b)The members shall be appointed by the mayor,and pointment,promotion or proposed promotion.
<br /> GENERAL PROVISIONS confirmed by the council, and may be removed upon From and after the effective date of this charter no
<br /> recommendation by the mayor and the approval of the person who has the power of appointment under this.
<br /> 12-1. Definitions. As used in this charter:
<br /> council. - charter or ordinance enacted pursuant thereto shall
<br /> Section"Agency" any used, department,-board, (c) No member shall be eligible for a.second ap- appoint,employ,promote or advance any individual who ,.,
<br /> commission or other meansgooffice,
<br /> l unit f the county. pointment to the same board or commission prior to the is a relative of the appointing authority to any office or
<br /> Commission
<br /> "Executive Agency" meansn any agency coun or expiration of two years, provided that members of any position under his supervision; provided, that the
<br /> (bdap) ent of the executive branch of the county board or commission initially appointed for a term of one provision of this paragraph shall not be'construed to
<br /> government. year and two years shall be eligible to succeed themselves prohibit the appointment of a relative whose name ap-
<br /> (c) "Employee" any an officer, for an additional term. - pears on the eligibility list submitted by the Director of
<br /> employed by the county means or any person,agency except anof but the (d)No member whose term has expired shall continue Civil Service in accordance with the civil.service laws and ]
<br /> term shall not include an contractor.eto serve on such board or commission. the rules and regulations promulgated pursuant thereto.
<br /> (d)m "Officer"incluthe independentfollog: (e)Any vacancy occurring in any board or commission The word"relative"as.used in this section shall mean
<br /> (1) Mayor and members of the council. shall be filled for the unexpired term. an individual-who is related to the appointing authority as
<br /> (f)Not more than a bare majority of the members shall father,mother,son,daughter,brother,sister,uncle,aunt,
<br /> (2) Any person elected or appointed-as administrative belong to the same political.party. first cousin,nephew,niece,husband,wife,father-in-law, •
<br /> head of any agency of the county or appointed as a . • (g)Members shall receive no compensation but shall be mother-in-law, step-father, step-mother, step-son, step-
<br /> member of any board of commission provided for in this reimbursed for nece expenses incurred in the brother,step-daughter,ste aster half-brother, or half-
<br /> charter. 'ytan'- step-sister,
<br /> formance of their duties.Necessary expenses maybe paid sister.
<br /> (3)Any person appointed by a board or commission as ,
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<br /> the administrative head of any agency of the county. in advance as per diem allowance which shall be
<br /> (4)Deputy,assistant or division chief appointed by the established by ordinance.Members of boards and com-
<br /> missions who do not receive compensation from their. Section 12-11. Penalties.The council shall by ordinance - •
<br /> employers during the time they are serving on boards and
<br /> (5)Assistant or deputies of the corporation counsel and commissions shall be reimbursed by the County for actual provide for the panishment of violations of any provisions
<br /> •prosecuting attorney. of this charter and may provide for punishment work hours lost at the straight time rate of pay of such-
<br /> -of
<br /> (e) "State"means the State of Hawaii. members in their regular employment but in no case shall violations of ordinances and regulations, but nopenalty - -
<br /> (f) "Vacancy" shall have the following meaning: - shall exceed the amount of one thousand dollars fine or
<br /> y elective office shall become vacant on the hap- such reimbursement exceed five times the state
<br /> An one year's imprisonment, or both. Prosecution in such
<br /> pening of any one of the following events before expiration minimum wage hour rate.
<br /> case shall be as provided by law for the prosecution of
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<br /> of the term: (h)A chairman shall be elected from its membership misdemeanors. ,
<br /> (1) Death . - - annually: - -
<br /> • (2)Resignation. (i) The affirmative vote of a majority of the entire
<br /> (3)Upon the determination by the County Clerk that the membership shall-be necessary to make any action of a ' Section 12-12. Acceptance of,Gifts or Donations. The , )
<br /> officer was not a duly qualified elector of the county,and; board of commission valid; provided, that in the case of • council, oil .behalf of the county,may accept gifts of
<br /> if required,not a duly qualified elector of the district of advisory board or commission the affirmative vote of a donations of money,securities or other personal property
<br /> ' which he was elected immediately preceding his election majority of those present shall be sufficient to make any or of real estate or any interest in real estate.
<br /> or appointment.
<br /> (4) Ceasing to be a resident voter of the county as - action valid. •
<br /> determined by the County Clerk, and in the case of an (j) Each board and commission shall have-power to
<br /> establish its rules of procedure necessary for the conduct
<br /> officer elected to a seat requiring residency in a district, of its'business, which rules shall contain the times and Section 12.13. Contracts. The county may enter into '
<br /> ceasing to be a resident voter of that district as deter- place of all regular meetings. contracts with private parties,.other counties,the State or
<br /> mined by the County Clerk. (k)Notwithstanding any other provision in this charter, the United States for the performance of any function or
<br /> • (5) Absence from the county, unless on 'county no person shall, by reason of his occupation alone, be activity.which the county is authorized to perform. All
<br /> authorized business, for a period of three consecutive barred from serving as a member of any board-or_cont-
<br /> . written contracts to which the county is a party shall:
<br /> months, without good cause. (a)Be approved by the corporation
<br /> (6)Removal by recall as provided by this charter. mission. and legality. counsel as to form
<br /> (7) Removal by impeachment - proceedings for (b) Be .authorized by the council by resolution if' '
<br /> malfeasance, misfeasance, nonfeasance, or 'malad- - legislative action is necessary toimplement the contract.
<br /> ministration in office as provided by this charter. Section 125.Oaths of Office.Before entering upon the- (c)_Except as otherwise provided, be signed by the
<br /> (8)Upon the determination by three impartial,licensed duties of his office each officer elected or appointedshall mayor. -
<br /> physicians selected by the council that the officer is subscribe to the oath or affirmation before some person (d) Be approved by the director of finance as-to the-
<br /> mentally or physically infirm. or disabled and will be .• duly qualified to administer oaths: availability of funds in the amounts and for the purposes
<br /> unable to discharge'his duties for the remainder of th "I do solemnly swear(or affirm)that I will support and set forth therein if they involve financial obligations of the
<br /> term.Such action shall be initiated by a majority vote of defend the Constitution of the United.States of America, county.Such contracts shall not extend beyond the term
<br /> the entire council. and the Constitution of the State of Hawaii,and that I will for which an appropriation to finance such obligations has-
<br /> (9)Upon filing nomination papers for another elective faithfully discharge my duties as to the best of my been made,except as otherwise provided by this charter:
<br /> office during his own term of office. , ability." •This provision shall not apply to. obligations •for the •
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