CHC 1990 CORRESPONDENCE 1979 PROPOSED CHARTER AMEND NEWSPAPER

Home

- ,Hawai1'Tribune=Herald,'Sunday,,Septerriber `,1'6,,197,9_—B.i1 ? H Section 135.Board of Ethics.There shall be a board of the county for approval at the next general election:Any. (c)The Water Commission shall stand abolished and its ethics appointed by the mayor with the approval of the such resolution shall provide for the publication of the full functions transferred to the Board of Water Supply to the ,N, council. It shall consist of five members who shall be text of the proposed amendments or revisions in a daily "extent provided in Section 54.4. residents of the county.Each shall serve for a term of five newspaper of general circulation in the county at least (d)Each county civil service employee affected by the years.Upon the initial appointment of members pursuant forth-five days prior to submission to the electors of the status of agencies and transfer of functions under this to this charter, one shall be appointed for a term of one county. charter shall be assigned to other agencies or executive - year,one for a term of two years,one for a term of three agencies in the county without any loss in pay,provided he - years,one for a term of four years and one for a term of had held his position for at least one year prior to the full i five years. The committee shall establish its rules of Section 14.3. Mandatory Charter Reviews.The charter effective date of this charter.. When an employee's procedure. Without limitation of its functions, the corn- shall be reviewed in 1989 and every tenth year thereafter. position which has been so affected becomes vacant,that mittee shall: Not later than the fifteenth day of January of the charter position shall stand abolished unless the position is per- " (a)Interpret the code of ethics for both county officials review year, the mayor with the confirmation of the manantiy created in the table of organization 'of the and the public and. on its own may initiate and render council,shall'appoint a charter commission composed of agency or executive agency concerned. opinions with respect thereto. eleven members to study and review the operation of the (b) Render advisory opinions to county officers and government of the county under this charter.Commission (e)Nothingin this charter shall be deemed to affect the employees with respect to the code of ethics pursuant to members,rio more than a majority of whom shall belong civil service status of any incumbent department head or written requests by officers and employees. to the same political party,shall be representative of the deputy in government service prior to the adoption of this (c)Receive and initiate complaints of violations of the various geographical areas of Puna,Ka'u,.Kona,Kohala, charter,and each shall continue to exercise and discharge code of ethics and transmit such complaints to the council Hamakua,and Hilo.The council shall appropriate funds the powers and duties of his respective office until such to enable the commission to carry out its duties,including time as his office becomes vacant and his successor shall or the appropriate appointing authority,along with any pertinent advisory opinions thereto. the hiring of necessary staff. have qualified in accordance with this charter or laws and (d)Hold hearings or conduct investigations concerning ordinances enacted pursuant thereto. application of the code of ethics and make public such The commission shall hold at least one public hearing in (f)Every non-civil service officer,deputy,assistant or. - • ' violations of the code that come to its attention. bureau head affected by the status of agencies and ' 2' (e) Publish advisory opinions with such deletions as each of the geographical areas. The commission may transfer of functions under this charter may be absorbed • - may be necessarytoprevent disclosure of identitypropose amendments to the existing charter or a draft of a permanentposition in the same of into a civil service persons involved where such opinions are rendered new charter which shall be submitted to the county clerk. division or other agencies or executive agencies as a p -Upon receipt of the amendments or charter, the county pursuant to subsection (b) above. clerk shall provide for the submission of such amend- consequence of the reorganization provisions of this _ (f) Propose revisions to the code of ethics where not merits or charter to the electors of the county at either a charter without loss of vacation or sick leave allowance, _ inconsistent with this charter. special election as determined by the commission or at Vice credit or other rights'and privileges and without Section 136.Penalties.The failure to comply with the the necessity of examination;provided,that such officer, provisions of section 13-2 to 13.4, inclusive, shall con- the first general election following the charter review deputy, assistant or bureau head possess the minimum stitute a cause for suspension, removal from office. or year. qualifications for the position to which he is transferred or employment, or such other penalty as the council may - appointed. The method and procedure for such ap- prescribe by ordinance.Nothing herein shall preclude any The commission shall publish not less than forty-five pointment or transfer shall be established by resolution or • other remedy available against the officer or employee of days before any election, at least once in a daily ordinance. The provision of this subsection relating to the county as provided by law. newspaper of general circulation within the county, a civil service'status shall not apply to any officer,deputy, brief digest of the amendments or charter and the purpose assistant or bureau head who is appointed as a deputy or . thereof and a notice to the electorate that copies of the assistant to the administrative head of any agency under amendments or charter are avilable at the office of the ' this charter. , county clerk. (g)Every non-civil service employee or officer who is - • ARTICLE XIV not transferred or appointed and whose employment is ,, CHARTER AMENDMENT OR REVISION Members of the commission shall holdoffice until the terminated as a consequence of the reorganization _ amendments or charter is ratified or rejected. provisions of the charter shall have the right to have his Section 14-1. Initiation of Amendments or Revisions. If the•majority of the voters voting upon a charter name placed on appropriate reemployment lists and shall Amendments or revision of this charter may be initiated amendment votes in favor of it or a new charter,if a nem be deemed eligible for certification to positions in the only in the following manner: charter is proposed,the amendment or new charter shall class in which he last occupied or in a related class in the - - I- (a) By ordinance of the council adopted after three . become effective at the time fixed in the amendment or same or lower grade for which he meets the qualification readings on separate days and passed by the affirmative charter, requirements; provided, that he files a written ap- vote of two-thirds of the entire membership, plication for re-employment with the Department of Civil - ] (b) By petition presented to the council, signed by. Service within thirty days after the termination of his qualified electors equal in number to at least twenty employment.Such certification shall"expire three years , percent of the registered voters for the last preceding after the effective date of this charter. • general election,setting forth the proposed amendments ARTICLE XV - , or revisions. Such petition shall designate and authorize • TRANSITIONAL PROVISIONS Section 15-5. Transfer of Records and Property. All not less than three nor more than five of the signers records, property and equipment whatsoever of any of- thereto to approve any alteration or change in the form or Section 15-1. Schedule. After its ratification by the fice,department,board or commission, the functions of language or any restatement'of the text of the proposed electorate,this charter,as amended, shall take full effect which are assigned to another agency by this charter, amendments or revisions which may be made by the= .on January 1, 1980. shall be transferred and delivered to the agency to which corporation counsel. such functions are so assigned. - Section 15-2. Initial Elections Under the Charter. The - Each elector signingfirst county primary and.general elections under this Section 15-6. Status of Present Employees. No loss of such petition shall print his name, charter shall be held in the year 1980. vacation allowances,service credits or other rights and add his signature, his residence address, his social privileges on the part of any officer or employee in the security number and the date of signing on said petition. Section 15.3. Existing Laws and Conflicting Laws. All 'civil service shall be caused by the adoption of,this - signature. may be on separate sheets but each sheet shall laws, ordinances, resolutions, rules and regulations in charter,but nothing contained herein shall be construed have appended to it the affidavit of some person that to the force at the time this charter takes full effect,and not in -to prevent future changes in status pursuant to civil best of the affiant's knowledge and belief the persons conflict or inconsistent with this charter, are hereby service laws. whose signatures appear on the sheet are registered continued- in force until repealed; amended or super- electors of the county,that they signed with knowledge of seded by proper authority.All laws relating to or affecting Section 15-7. Department Heads Continued in Office. _ the contents of the petition and that their residences areNotwithstanding any provision to the contrary, each this county or its agencies,officers or employees,and all T !! correctly given. county ordinances, resolutions, orders and regulations department head (including elected department heads - • which are in force when this charter takes full effect are and department heads appointed by boards or corn- Upon orn Upon filing of such petition with the council,the county repealed to the extent that they are inconsistent with or missions)holding office when this charter takes full effect interfere with the effective operation of this charter or shall continue in office until his successor takes office or. clerk shall examine the same to see whether it contains a until he is removed sufficient number of apparently genuine signatures of ordinances or resolutions adopted by the county council pursuant to the provisions of this .. / registered voters. - The clerk may question the ander the provisions of this charter, charter. genuineness of any signature or signatures appearing on ' the petition and if he finds that any such signature or signatures are not genuine, he shall disregard them.in ••- Section 15.4. Status of Agencies and Transfer of Func- Section 15-8.•. Pending Proceedings. All petitions, determining whether the petition contains a sufficient tions. When this charter takes full effect: hearings and other proceedings pending before any office, number of signatures.The clerk shall eliminate any,sheet (a)All offices,departments,boards and commissions, department,board or commission and not completed at - of the petition which is not accompanied by the required the status of which are not specifically changed or the effective date of this charter shall continue and affidavit. The invalidity of any sheet shall not affect the abolished by this charter, are hereby recognized, con- remain in full force and effect and shall be completed •- validity of the petition if a sufficient number of signatures - tinued and established and shall have such powers,duties before or by the office,department,board or commission . remains after eliminating such invalid sheet. The clerk and functions as provided by law or ordinance.Members which succeeds to the powers and functions of such office, shall complete his examination of the petition within of the various boards and commissions, excluding the department, board or commission. twenty days. ; ' Hawaii RedevelopmentSection 15-9. Lawful Obligations of the County. All Agency, holding office at the lawful obligations of the county existing on the effective effective date of this charter shall continue in office unless date of this charter and all fines taxes they resign or until their terms of office shall expire, at . , penalties, for- which time new members shall be appointed in ac- Section feitures,obligations and rights due,owing or accruing to 14-2.Elections to be Called.Upon adoption of an cordance with this charter. the county.and all writs,, prosecutions, actions and ordinance proposing amendments or revisions of this . proceedings.. by or against the county shall remain charter, or upon the determination by the clerk that a unaffected by the adoption of this charter. petition for proposed amendments or revisions of this (b)The Public Works Board of Appeals and the Board of charter contains the required number of signatures,the Appeals under the Planning Department shall stand Section 15-10: Hawaii Redevelopment Agency: The council shall by resolution provide that the proposed abolished and their functions transferred to the extent status of tire Hawaii Redevelopment Agency shall not be amendments or revisions be submitted to the electors of - provided in Section 5-7.3. affected by . z.. :1d_ _-5 - . . ,5 % .“.t �C ,.t.. ..1 • .. 54 , .+Sar3S.. 3i .. j