HomeMy WebLinkAboutCHC 1990 CORRESPONDENCE HAWAII CHARTER AMEND CHARTER COMMISSIONS
1963-64 i, aro, poise/ 1967-68
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Dr. Kaoru Noda, Chairman Fred J. Koehnen, Chairman
Kengo Nagasako, Vice-Chairman Arthur Herbst, Vice-Chairman
Herman Amaral, Member Herman Amaral,Member
Yasuki Arakaki, Member Yasuki Arakaki, Member
Bryan W. Baldwin, Member Bryan W. Baldwin, Member
Peter G. Kawahara, Member R.B. Legaspi, Member
Fred J. Koehnen, Member June Lewis, Member
R.B. Legaspi, Member Kengo Nagasako, Member
Mary E. Loweth, Member Akira Omonaka, Member
Satoru Sugawara, Member Ichiro Shikada, Member
Staff: Satoru Sugawara, Member
Masanori Kushi, Attorney Staff:
Chiyono Kinoshita, Secretary Yoshito Tanaka; Attorney
Blossom S. Kahawai, Secretary
Lucy L. Enoka, Secretary
1965-66 Gertrude H. Ver Bunker,
Secretary
Dr. Ralph H. Kiyosaki, Chairman
Mona Wagner, Vice-Chairman
Jackson Ah Chin, Member 1979
Takashi Domingo, Member
Nobuko Fukuda, Member Kimiaki Sakata, Chairman
William Henry, Member Spencer K. Schutte,
Arthur Herbst, Member Vice-Chairman
Robert A. Kamakura, Member Harlan J. Cadinha, Member
Ernest Martinson, Member Richard T. Ishida, Member
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Akira Omonaka, Member Amy Iwamoto, Member
Ichiro Shikada, Member Gloria Kobayashi, Member
Staff: Akira Omonaka, Member
Donald K. Martin, Attorney Herman L. Sensano, Member
Sadako Okimoto, Secretary Joseph E. Trulson, Member
June Lewis, Secretary Matsuo Yanaga, Member
Basilio Yagong, Member
Staff:
Stuart A. Oda, Attorney
Joan Carnett, Secretary
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FOREWORD
In 1963 the Legislature of the State of Hawaii enacted Act 73 enabling the Counties of
the State of Hawaii to establish charter commissions to study the existing government
•
of the respective counties and to recommend and draft charters upon determination
that a charter form of government is fit and desirable.
Accordingly, the County of Hawaii created charter commissions whose study and
work began in 1964 and ended in 1968 with the adoption of this
Charter b
P thepeople
Yof
..
the County of Hawaii.
This initial Charter,which became effective on January 2,1969,served as the"consti-
tution"of the government of the County of Hawaii, and provided the basic framework
for the organization and operation of the county government. It also provided for the
orderly transition to the new form of government and for amendments or revisions by
ordinance oretition
p and by mandatory review every ten years.
As required, the mandatory charter review was done in 1979,and thirteen revisions
were proposed by a duly appointed Charter Commission. At a special election held on
November 3, 1979, ten of the thirteen proposals were adopted by the electorate and are
reflected in this edition.
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STATUS OF 1979 CHARTER PROPOSALS
PROPOSAL 1 - NOT ADOPTED; (Council Composition and Terms)
PROPOSAL 2 - NOT ADOPTED; (Council Attorney)
PROPOSAL 3 - ADOPTED; (Permits Either the Council or the
Planning Director to Initiate General Plan Amendments)
PROPOSAL 4 - ADOPTED; (Provides for A Mandatory Program
Review by the Council)
PROPOSAL 5-ADOPTED; (Redefines the Authority of the Planning
Director)
• PROPOSAL 6 - NOT ADOPTED; (Department of Water Supply)
PROPOSAL 7-ADOPTED; (Provides for A New Board of Appeals to
Hear Appeals from the Planning and Public Works
Departments)
PROPOSAL 8 - ADOPTED; (Provides for Centralized Purchasing)
PROPOSAL 9 - ADOPTED; (Provides for the Recall of Elected
Officials)
PROPOSAL 10-ADOPTED;(Provides for A Definition of Vacancy in
Office)
PROPOSAL 11 - ADOPTED; (Provides that Any Person, Regardless-
of Occupation, Can Serve on Any County Board or Commission)
PROPOSAL 12 - ADOPTED; (Provides for the Confirmation of
Department Heads by the Council)
PROPOSAL 13 - ADOPTED; Provides for the e Approval of All
[Minor and Miscellaneous] Amendments That Were Not
Individually Voted Upon, But Nevertheless Requires the Formal
Approval of the Voters)
of
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TABLE OF CONTENTS
PREAMBLE Page 1
ARTICLE I: INCORPORATION AND GEOGRAPHICAL LIMITS Page 2
1 Sec. 1-1. Incorporation Page 2Sec. 1-2. Geographical Limits Page 2
1 ARTICLE II: POWERS OF THE COUNTY Page 2
,J Sec. 2-1. Powers of the County Page 2
Sec. 2-2. Exercise of Powers Page 2
ARTICLE III: LEGISLATIVE BRANCH COUNTY COUNCIL Page 2
Sec. 3-1. Powers and Functions Page 2
Sec. 3-2. Composition and Terms Page 2
Sec. 3-3. Qualifications Page 2
Sec. 3-4. Compensation; Salary Commission Page 2
Sec. 3-5. Vacancy in Office
Page 3
Sec. 3-6. . Removal of Councilmen Page 3
Sec. 3-7. Organization of the Council; Officers; Employees Page 3
Sec. 3-8. Meetings; Rules and Journal; Voting and Quorum Page 3
Sec. 3-9. Actions of the Council Page 4
Sec. 3-10. Resolutions Page 4
Sec. 3-11. Ordinances Page 4
Sec. 3-12. Emergency Ordinances Page 4
Sec. 3-13. Submission of Bills to the Mayor Page 5
Sec. 344. Adoption of Pay Plan Page 5
Sec. 3-15. County Code Page 5
Sec. 3-16. General Plan Page 5
Sec. 3-17. Mandatory Program Review Page 6
ARTICLE IV: EXECUTIVE BRANCH GENERAL PROVISIONS Page 6
Sec. 4-1. Executive Power Page 6
Sec. 4-2. Organization - Page 6
Sec. 4-3. Appointment by Mayor Page 6
Sec. 4-4. Advisory Commissions Page 6
Sec. 4-5. Powers and Duties of Agency Heads Page 6
ARTICLE V: EXECUTIVE BRANCH THE MAYOR AND
STAFF AGENCIES Page 7
CHAPTER 1: MAYOR
Sec. 5-1.1. Election and Term of Office Page 7
Sec. 5-1.2. Qualifications
Page 7
See. 5-1.3. Compensation Page 7
Sec. 5-1.4. Powers, Duties and Functions Page 7
Sec. 54.5. Vacancy in Office
Page 7
Sec. 5-1.6. Temporary Absence or Disability Page h
Sec. 5-1.7. Removal of Mayor Page 3
CHAPTER 2: CORPORATION COUNSEL
Sec. 5-2.1. Organization Page 8
Sec. 5-2.2. Appointment and Removal Page 8
Sec. 5-2.3. Powers, Duties and Functions Page 8
Sec. 5-2.4. Assistant Corporation Counsel Page 8
Sec. 5-2.5. Special Counsel Page 8
Sec. 5-2.6. Term of Office Page 8
CHAPTER 3: DEPARTMENT OF FINANCE
Sec. 5-3d. Organization Page 8
Sec. 5-3.2. Appointment and Removal Page 8
Sec. 5-3.3. Powers, Duties and Functions Page 8
Sec. 5-3.4. Pension Board Page 9
CHAPTER 4: PLANNING DEPARTMENT
Sec. 5-4.1. Organization Page 9
Sec. 5-4.2. Planning Director .. Page 10
Sec. 5-4.3. Planning Commission Page 10
CHAPTER 5: DEPARTMENT OF RESEARCH AND DEVELOPMENT
Sec. 5-5.1. Organization Page 11
Sec. 5-5.2. Director Page 11
Sec. 5-5.3. Powers, Duties and Functions Page 11
CHAPTER 6: MISCELLANEOUS
Sec. 5-6.1. Clerical Pool Page 11
Sec. 5-6.2. Safety Coordinator Page 11
Sec. 5-6.3. Board of Appeals Page 11
ARTICLE VI: EXECUTIVE BRANCH THE MANAGING
DIRECTOR AND AGENCIES UNDER THE
MANAGING DIRECTOR Page 12
CHAPTER 1: MANAGING DIRECTOR
Sec. 6-1.1. Organization Page 12
Sec. 6-1.2. Appointment Page 12
Sec. 6-1.3. Powers, Duties and Functions Page 12
CHAPTER 2: DEPARTMENT OF PUBLIC WORKS
Sec. 6-2.1. Organization Page 12
Sec. 6-2.2. Chief Engineer • Page 12
Sec. 6-2.3. Powers, Duties and Functions Page 12
CHAPTER 3: DEPARTMENT OF PARKS AND
RECREATION
Sec. 6-3.1. Organization Page 12
Sec. 6-3.2. Director Page 12
Sec. 6-3.3. Powers, Duties and Functions Page 12
Sec. 6-3.4. County Bands Page 12
CHAPTER 4: FIRE DEPARTMENT
Sec. 6-4.1. Organization Page 13
Sec. 6-4.2. Fire Chief Page 13
Sec. 6-4.3. Powers, Duties and Functions Page 13
ARTICLE VII: EXECUTIVE BRANCH—DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS Page 13
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CHAPTER 1: DEPARTMENT OF CIVIL SERVICE i
Sec. 7-1.1. Organization Page 13
Sec. 7-1.2. Civil Service Commission Page 13
Sec. 7-1.3. Director Page 13
Sec. 7-1.4. Powers, Duties and Functions Page 13
Sec. 7-1.5. Position Classification Plan; Compensation Page 13
Sec. 7-1.6. Administrative Supervision Page 13
CHAPTER 2: POLICE DEPARTMENT
Sec. 7-2.1. Organization Page 13
Sec. 7-2.2. Police Commission Page 13
Sec. 7-2.3. Department Rules Page 14
Sec. 7-2.4. Chief of Police and Deputy Page 14
Sec. 7-2.5. Powers,Duties and Functions of the Chief of Police Page 14
Sec. 7-2.6. Dismissal, Suspension, Demotion or Grievance Page 14
Sec. 7-2.7. Administrative Supervision Page 14
CHAPTER 3: DEPARTMENT OF LIQUOR CONTROL
Sec. 7-3.1. Organization Page 14
Sec. 7-3.2. Liquor Commission Page 14
Sec. 7-3.3. Liquor Control Adjudication Board Page 14
Sec. 7-3.4. Director of the Department of Liquor Control Page 14
Sec. 7-3.5. Administrative Supervision Page 15
ARTICLE VIII: DEPARTMENT OF WATER SUPPLY Page 15
Sec. 8-1. Organization Page 15
Sec. 8-2. Water Commission Page 15
Sec. 8-3. Manager and Deputy Page 15
Sec. 8-4. Water Fund Page 15
Sec. 8-5. Administrative Supervision Page 15
ARTICLE IX: PROSECUTING ATTORNEY Page 15
Sec. 9-1. Election and Term of Office Page 15
• Sec. 9-2. Qualifications Page 15
Sec. 9-3. Compensation Page 16
Sec. 9-4. Powers, Duties and Functions Page 16
Sec. 9-5. Staff Page 16
Sec. 9-6. Vacancy in Office Page 16
4 Sec. 9-7. Removal of Prosecuting Attorney Page 16
ARTICLE X: FINANCIAL PROCEDURES Page 16
Sec. 10-1. Fiscal Year Page 16
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Sec. 10-2. Preparation and Submission of Budget and
I Sec. 10-3. Capital Program Page 16
Scope of Operating Budget; Operating Program;
Mayor's Message Page 17
Sec. 10-4. Operating Budget and Capital Budget: Notice and
Hearing Page 18
Sec. 10-5. Operating Budget: Council Action Page 18
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Sec. 10-6. Capital Budget and Capital Program: Scope
Council Action Page 18
Sec. 10-7. Budgets: Public Records Page 19
Sec. 10-8. Appropriation: Supplemental and Emergency Page 19
Sec. 10-9. Appropriations: Reduction and Transfer Page 19 •
Sec. 10-10. Lapse of Appropriations Page 19
Sec. 10-11. Payments and Obligations Prohibited:
Verifications; Penalties Page 20
Sec. 10-12. Special Funds Page 20
Sec. 10-13. Post-audit Page 20
Sec. 10-14. Centralized Purchasing Page 20
ARTICLE XI: INITIATIVE AND REFERENDUM Page 22
Sec. 11-1. The Powers of Initiative and Referendum Page 22
Sec. 11-2. Limitations.to Powers • Page 22
Sec. 11-3. Submission to Requirements Page 22
Sec. 11-4. Petitioners' Committee Page 22
Sec. 11-5. Initiative and Referendum Petitions: Forms and
Sufficiency Page 22
Sec. 11-6. Initiative and Referendum: Procedure after Filing Page 23
Sec. 11-7. County Council Action on Petitions Page 23
Sec. 11-8. Withdrawal of Petitions Page 24
Sec. 11-9. Results of Election Page 24
ARTICLE XII: REMOVAL OF ELECTED OFFICERS Page 24
CHAPTER 1: RECALL
Sec. 12-1.1. Recall Procedure Page 24
Sec. 12-1.2. Petitions Page 24
Sec. 12-1.3. Signatures Page 24
Sec. 12-1.4. Filing and Certification Page 24
Sec. 12-1.5. Supplemental Petitions Page 25
Sec. 12-1.6. Recall Election Page 25
Sec. 12-1.7. Ballots - Page 25
Sec. 12-1.8. Succeeding Officer Page 25
Sec. 12-1.9. Immunity to Recall Page 25
CHAPTER 2: IMPEACHMENT
Sec. 12-2.1. Impeachment of Elected Officers Page 25
ARTICLE XIII: GENERAL PROVISIONS Page 26
Sec. 13-1. Definitions Page 26
Sec. 13-2. Titles, Subtitles, Personal Pronouns; Constructions Page 27
Sec. 13-3. Appointments Ap Page 27
Sec. 13-4. Boards and Commissions Page 27
Sec. 13-5. Oaths of Office Page 28
Sec. 13-6. Bonding Officers Page 28
Sec. 13-7. Rules and Regulations Page 28
Sec. 13-8. Term of Office of Department Heads Page 28
Sec. 13-9. Non-Civil Service Status and',Classification Page 28
Sec. 13-10. Prohibitions Page 28
Sec. 13-11. Penalties Page 28
Sec. 13-12. Acceptance of Gifts or Donations Page 28
Sec. 13-13. Contracts Page 28
Sec. 13-14. Facsimile Signatures Page 29
Sec. 13-15. Title to Property Page 29
Sec. 13-16. Payment of Moneys Out of the County Treasury Page 29
Sec. 13-17. Expenses Page 29
Sec. 13-18. Claims Page 29
Sec. 13-19. Annual Reports Page 29
Sec. 13-20. Records and Meetings Open to the Public Page 29
Sec. 13-21. Cooperation with Other Agencies Page 30
Sec. 13-22. Coordination of Work Page 30
Sec. 13-23. Declaration of Emergencies Page 30
Sec. 13-24. Waiver of Charter Provisions Page 30
Sec. 13-25. Separability Page 31
Sec. 13-26. Public Defender Page 31
Sec. 13-27. County Election Page 31
ARTICLE XIV: CODE OF ETHICS Page 31
Sec. 14-1. Enactment Page 31
Sec. 14-2. Standards Page 31
Sec. 14-3. Disclosure of Interest Page 31
Sec. 14-4. Conduct of Employees Page 32
Sec. 14-5. Board of Ethics Page 32
Sec. 14-6. Penalties Page 32 •
ARTICLE XV: CHARTER AMENDMENT OR REVISION Page 32
Sec. 15-1. Initiation of Amendments or Revisions Page 32
Sec. 15-2. Elections to be Called Page 33
Sec. 15-3. Mandatory Charter Reviews Page 33
ARTICLE XVI: TRANSITIONAL PROVISIONS Page 33
Sec. 16-1. Schedule Page 33
Sec. 16-2. Initial Elections Under the Charter Page'33
Sec. 16-3. • Existing Laws and Conflicting Laws Page 33
Sec. 16-4. Status of Agencies and Transfer of Functions Page 34
Sec. 16-5. Transfer of Records and Property Page 35
Sec. 16-6. Status of Present Employees Page 35
Sec. 16-7. Department Heads Continued in Office Page 35
Sec. 16-8. Pending Proceedings Page 35
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Sec. 16-9. Lawful Obligations of the County Page 35
Sec. 16-10. Hawaii Redevelopment Agency Page 35
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PREAMBLE
WE, THE PEOPLE OF THE COUNTY OF HAWAII, in the State of Hawaii,
with due respect for and in support of the laws of the land, do adopt this
CHARTER OF THE COUNTY OF HAWAII
STATE OF HAWAII
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ARTICLE I
INCORPORATION AND GEOGRAPHICAL LIMITS
Section 1-1. Incorporation.The people of the county of Hawaii shall be and continue
as a body politic and corporate by the name of"County of Hawaii,"hereinafter in this
charter called "county." By that name it shall have perpetual succession. •
Section 1-2.Geographical Limits.The island of Hawaii and all other islands within
the shores thereof and the waters adjacent thereto shall be the county of Hawaii.
ARTICLE II
POWERS OF THE COUNTY
Section 2-L Powers of the County.The county shall have all powers possible under
the constitution and laws of the State of Hawaii, including all powers now or hereafter
given by such constitution or laws, and all other powers not prohibited by such
constitution or by this charter. The county shall have such powers as fully and
completely as though specifically enumerated in this charter, and no enumeration of
powers in this charter shall be deemed exclusive or restrictive.
Section 2-2. Exercise of Powers. All powers of the county shall be carried into
execution asrovided b this charter or, provision,by if the charter makes no rovision ordinance
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or resolution of the county council.
ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL
Section.3-1. Powers and Functions. The legislative powers of the county shall be
vested in the county council. Its primary function shall be legislation and public policy
formulation, as distinct and separate from the executive administration of county
government.
Section 3-2. Composition and Terms. There shall be a county council composed of
nine members who shall be elected at-large for terms of four years. The terms of
councilmen shall begin at twelve o'clock meridian on the first Monday of December
after their election. Of the nine members elected to the county council, one shall be a
resident of the district of Puna,one a resident of the district of Ka'u,one a resident of the
combined districts of North and South Kona,one a resident of the combined districts of
North and South Kohala,one a resident of the district of Hamakua and one a resident of
the combined districts of North and South Hilo. The person charged with the duty of
conducting elections in the county shall prepare the nomination papers in such a
manner that candidates desiring to file for the office of councilman shall be able to
specify whether they are seeking the seat with a district residence requirement or the
seat with no district residence requirement as the case may be. The ballots for the
primary and general elections shall be prepared to give every voter in the county the
opportunity to vote for each and every council seat.Candidates shall be nominated and
elected in accordance with the election laws of the state.
Section 3-3. Qualifications. A person must be a citizen of the United States of
America and have been a duly qualified elector of the county for at least one year imme-
diately preceding his election or appointment to the county council.Where residency in
a district is a requirement,a person must have been a resident voter of the district from
which he is to be elected or appointed for at least ninety (90) days immediately
preceding the primary election or his appointment.
Section 3-4. Compensation; Salary Commission.
(a) The salary of councilmen shall be established by a salary commission which shall
consist of nine members appointed by the mayor without the approval of the council,
notwithstanding provision (b) in Section 13-4. The members may be removed by the
mayor.
(b) The commission shall consist of nine members,six of whom shall be representa-
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tives of the county geographical areas of Puna,Ka'u,Kona,Kohala,Hamakua and Hilo,
and three of whom shall be representative of the county-at-large. In addition,the civil
service director and deputy civil service director shall serve as ex-officio members of
the commission in an advisory capacity.
4 (c) The commission shall establish its rules of procedure and adopt rules and
regulations having the force and effect of law.
(d) The commission shall review and compensate councilmen and council chairman
at an appropriate step within a salary range on the same basis as employees of
bargaining units to assure a sensible relationship to an adequate scheme of
compensation for the work they do. (As amended by Ordinance No. 56, effective
November 26, 1974.)
Section 3-5.Vacancy in Office.When any vacancy occurs in the county council,the
remaining members of the council shall appoint as a successor a person of the same
political party as the person he succeeds with the requisite qualifications to fill the
vacancy. Within thirty days after the occurrence of any vacancy,the council chairman
shall notify all remaining members of the council by registered mail that on a specified
regular meeting,date formal action shall be taken to fill the vacancy.Should the council
fail to fill any vacancy within sixty days after its occurrence,the chairman of the council
shall appoint a successor to fill the vacancy for the unexpired term. The person
appointed shall serve until a successor is duly elected at the next state or state and
county election and seated. The election shall be held in accordance with the election
laws of the state insofar as applicable.
The person elected as the successor shall serve out the unexpired term of the person he
succeeds commencing at 12 o'clock meridian on the first Monday of December following
his election.
Section 3-6. Removal of Councilmen. Any councilman may be removed by
impeachment or recall proceedings as provided by this charter.
Section 3-7. Organization of the Council; Officers; Employees.
(a) The council shall elect from among its members a chairman and a vice chairman,
each of whom shall serve at its pleasure. Until such time as the chairman and presiding
officer shall be elected, the mayor shall preside at such meeting, provided that the
mayor shall not have a vote. The chairman shall preside at council meetings. If at any
meeting the chairman is not present or unable to act, the vice chairman shall then
preside. In the absence of the chairman and vice chairman,the council shall elect from
among its members a temporary presiding officer.
(b) The council shall appoint the county clerk which position shall be exempt from
civil service laws and classifications. The county clerk shall:
(1) Be the clerk of the council.
(2) Be custodian of the county seal.
(3) Conduct all elections held within the county.
(4) Appoint the deputy county clerk and the legislative auditor, with the
approval of the council,and such positions shall be exempt from civil service
1 laws and classifications. •
(5) Perform such other functions as the council may prescribe.
(6) Appoint necessary staff for which appropriations have been made by the
council, subject to civil service laws and classifications, and exercise the
same power with respect to the personnel of his office as the department
heads in the executive branch.
Section 3-8. Meetings; Rules and Journal; Voting and Quorum. The county
council shall meet regularly at least twice in every month at such times and places as
shall be established by rule of the council. The council shall determine its rules arid
order of business and shall provide for keeping a journal of its proceedings,which shall
be a public record, in which the ayes and noes shall be entered as required by this
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charter or at any other time upon the demand of any member.The affirmative vote of a
majority of the entire membership shall be necessary for council action. A majority of
the entire membership of the council shall constitute a quorum,but a smaller number
may adjourn from time to time and may compel the attendance of absent members.
Section 3-9. Actions of the Council. Every legislative act of the council shall be by
ordinance. Non-legislative acts of the council may be by resolution and, except as
otherwise provided by law, no resolution shall have the force and effect of law. Every
ordinance shall be introduced in writing and in the form required for final adoption.
The enacting clause of every ordinance shall be "BE IT ORDAINED BY THE
COUNCIL OF THE COUNTY OF HAWAII" and the enacting clause of every
resolution shall be"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII."
Section 3-10.Resolutions.Reading of resolutions may be by title only.A full reading
may be required by a one-third vote of the entire membership.
Section 3-11. Ordinances.
(a) Ordinances shall be initiated as bills which shall be passed only after two
readings on separate days. Reading of bills may be by title only. Full readings and
public hearings may be required by a one-third vote of the entire membership.
(b) Every ordinance of the council shall embrace but one subject,which subject shall
be expressed in its title. If an ordinance embraces a subject not expressed in its title,
only that subject shall be void.
(c) Bills embracing: (1) the fixing of special assessments for the cost of
improvements; (2)the appropriation of public funds or authorization of the issuance of
general obligation bonds or(3) the imposition of a duty or penalty on any person,shall
pass first reading by a vote taken by ayes and noes, and digests of such bills shall be
advertised once in a daily newspaper of general circulation in the county,with ayes and
• noes,at least three days before final reading by the council.Not less than three copies of
such bills shall be filed for use and examination by the public in the office of the county
clerk at least three days prior to the final reading thereof.
(d) _' :shall not be amended to change its original purpose.An amended bill shall,
upon•a ont. third vote of the entire membership,be laid over for at least one week before
final reading.
(e) A motion to reconsider made at the time any bill fails to pass final reading shall
not be voted upon until after twenty-four hours.
(f) Ordinances shall become effective upon approval by the mayor or at such later
date as may be specified therein.
(g) A bill may incorporate therein any standard technical code or portions thereof
by reference. The code,or portions, need not be published in the manner required for
ordinances,but not less than three copies thereof shall be filed for use and examination
by the public in the office of the county clerk,and notice of the availability of said copies
shall be published by the clerk.
(h) After enactment, ordinances shall be published once in a daily newspaper of
general circulation in the county. Such publication shall be by title only and shall
specify the ayes and noes.
• Section 3-12. Emergency Ordinances. The county council may adopt emergency
ordinances to meet public emergencies affecting life, health or property. Such
ordinances may not be used to levy taxes,authorize the borrowing of money or to grant,
renew or.extend franchises. Emergency appropriations may be made pursuant to
. Section 10-8.
Emergency ordinances shall be plainly designated as such and shall contain a
declaration describing the emergency in clear and specific terms. Any emergency
ordinance may be considered and adopted after one reading, with or without
amendment,or be rejected at the meeting at which the same is introduced.The affirma-
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tive vote of all council members present or by two-thirds of the entire membership shall
be necessary for adoption of such ordinances.Emergency ordinances shall be published
in the same manner prescribed for other adopted ordinances and shall become effective
upon approval by the mayor or at such later time, preceding automatic repeal, as the
same may specify.
Amendments to any emergency ordinance shall be adopted in the same manner
prescribed for adoption of emergency ordinances.
Every emergency ordinance, including any amendments made after adoption,shall
automatically stand repealed as of the sixty-first day following the date of adoption of
the original ordinance.
Section 3-13. Submission of Bills to the Mayor. Every bill adopted by the council
shall be duly authenticated by the clerk and the presiding officer and thereupon
presented to the mayor for approval. Such bill shall become effective as an ordinance
upon its approval or such later date as specified therein.If the mayor disapproves a bill,
he shall return the bill together with his objections in writing to the clerk within ten
days(excluding Saturdays,Sundays,and legal holidays)after receipt.If the mayor does
not act within such ten-day period,the bill shall become effective as an ordinance as if he
had approved it.The objections of the mayor shall be entered in the journal of the council
and the council may,after five and within thirty days after the bill has been so returned,
reconsider the vote upon the bill.If the bill,upon such reconsideration,is again passed
by the affirmative vote of two-thirds of the entire membership the presiding officer
shall verify that fact on the face of the bill and such bill shall become effective as an
ordinance with like effect as if approved by the mayor.A bill failing to pass upon such
reconsideration shall be deemed lost.
If any appropriation bill is presented to the mayor, he may veto any item or portion
thereof by striking out or reducing the same.The mayor shall append his objections and
the reasons therefor to the bill at the time of signing,and the item or portion thereof so
vetoed shall not take effect unless the council shall reconsider the vote on the bill and,
upon such reconsideration,the bill is again passed by the affirmative vote of two-thirds
of the entire membership.
Section 3-14.Adoption of Pay Plan.All persons employed by the county or any of its
boards or commissions, whether as officers or otherwise, except those whose pay is
otherwise provided for shall be paid in accordance with a pay plan enacted by
ordinance.The pay plan for persons holding positions in the position-classification plan
shall be in accordance with Section 7-1.5 of this charter. Interim amendments to the
ordinance establishing the pay plan for the county may be by resolution of the council
provided a revised salary ordinance is enacted at least once annually.
Section 3-15. County Code.
There shall be a county code containing all county ordinances, as may be amended
from time to time,and copies thereof shall be available for inspection at the office of the
county clerk.
1 Section 3-16. General Plan.Thecounty council shall adopt by ordinance a general
plan which shall set forth the council's policy for long-range comprehensive physical
development of the county. It shall contain a statement of development objectives,
standards and principles with respect to the most desirable use of land within the
county for residential, recreational, agricultural, commercial, industrial and other
purposes which shall be consistent with proper conservation of natural resources and
the preservation of our natural beauty and historical sites;the most desirable density of
poRulation in the several parts of the county; a system of principal thoroughfares,
highways, streets, public access to the shorelines, and other open spaces; the general
locations, relocations and improvement of public buildings, the general location and
extent of public utilities and terminals,whether publicly or privately owned,for water,
sewers, light, power, transit, and other purposes; the extent and location of public
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housing projects;adequate drainage facilities and control;air pollution;and such other
matter as may, in the council's judgment, be beneficial to the social, economic, and
governmental conditions and trends and shall be designed to assure the coordinated
development of the county and to promote the general welfare and prosperity of its
people.
(a) The council shall enact zoning, subdivision, and such other ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
(b) No public improvement or project,or subdivision or zoning ordinance,shall be
initiated or adopted unless the same conforms to and implements the general plan.
(c) Amendments to the general plan may be initiated by the council or the planning
director..
Section 3-17. Mandatory Program Review. At least once every four years, the
council shall critically review every program supported wholly or partially by county
funds, and unless the council shall favorably authorize its continuation at current.or
modified levels, the program shall be terminated. The council shall adopt procedures
and details to implement this section.
ARTICLE IV
EXECUTIVE BRANCH
GENERAL PROVISIONS
Section 4-1. Executive Power.The executive power of the county shall be vested in
and exercised by the executive branch,which shall be headed by the mayor,except as
otherwise provided by this charter.
Section 4-2. Organization.The activities under the direction and supervision of the
mayor shall be distributed among such agencies established by this charter or as may be
established by ordinance of the county council. New functions may be assigned by the
mayor to existing agencies.
Section 4-3. Appointment by Mayor. Each agency shall be administered by an
officer appointed by the mayor, except as otherwise provided by this charter.
Section 4-4.Advisory Commissions.The mayor may appoint advisory commissions.
Members of such advisory commissions shall serve for a period of time not to exceed,or
exist beyond, the term of office of the mayor, except as otherwise provided by this
• charter. The members of advisory commissions shall not receive compensation;
however their authorized expenses shall be paid from funds of the agency affected by
the commission. Advisory commissions shall have no employees, but the mayor shall
cause the employees of the agency concerned to furnish such services as may be needed
by the commissions.
Section 4-5. Powers and Duties of Agency Heads. Subject to the provisions of this
charter,the administrative heads of each agency or executive agency of the county shall
have the power to:
(a) Appoint and remove a deputy or assistant and a private secretary and such
positions shall be exempt from civil service laws and classifications. No such
appointment shall be made unless the positions have been created and appropriations
therefor have been made by the council.
(b) Appoint necessary staff for which appropriations have been made by the council.
(c) Take all personnel actions including the assignment or reassignment of duties to
employees within the salary ordinance; provided, that if such assignment or reassign-
ment of duties shall affect the compensation of the employees, written approval must
first be obtained from the mayor and a report thereon must be submitted to the council
within thirty days.
(d) Supervise the performance of duties by all employees.
(e) Except as otherwise provided by this charter and subject to the approval of the
mayor, prescribe such rules as are necessary for the organization and internal admini-
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stration of the agency.
(f) Perform such duties as are prescribed by this charter and such other duties as
may be assigned by the mayor.
ARTICLE V
EXECUTIVE BRANCH
THE MAYOR AND STAFF AGENCIES
CHAPTER 1
MAYOR
Section 5-1.1.Election and Term of Office.The mayor shall be elected for a term of
four years which term shall commence at twelve o'clock meridian on the first Monday of
December following his election.
Section 5-1.2. Qualifications.Any citizen of the United States of America who has
been a duly qualified elector of the county for at least one year immediately preceding
his election as mayor shall be eligible for the office of mayor.The mayor may serve for
more than two terms of office but he shall not serve for more than two consecutive full
terms of office.
Section 5-1.3. Compensation. The salary of the mayor shall be established by
ordinance.
Section 5-1.4. Powers, Duties and Functions. The mayor shall be the chief
executive officer of the county vested with all the executive powers of the county,except
as otherwise provided by this charter. He shall have the power to:
(a) Exercise direct supervision over all agencies enumerated in this article and
other agencies as he may deem desirable,and through the managing director supervise
and coordinate all other executive agencies of the county,except as otherwise provided
by this charter.
(b) Appoint necessary staff for which appropriations have been made by the council.
All positions in the mayor's office shall be exempt from civil service laws and
classifications.
(c) Create positions, including position of deputy or assistant to each head of an
agency where such position has not been created by this charter, for which
appropriations have been made by the council and abolish positions with the consent of
the council.
(d) Make transfers of positions between agencies or between subdivisions of
agencies subject to applicable civil service regulations.
(e) Recommend to the council a pay plan for all officers and employees of the county
or any of its boards and commissions,except those whose pay is otherwise provided for;
provided that the salary of any officer or employee who is exempt from the civil service
laws shall be subject to approval by the council and the mayor.
(f) Submit an operating budget, an operating program, a capital budget and a
capital program annually to the council.
(g) Sign instruments requiring execution by the county, except as otherwise
provided by this charter or by ordinance.
(h) Make periodic reports in addition to the annual report,informing the public as to
county policies, programs and operations.
(i) Call special sessions of the council.
(j) Veto ordinances.
(k) Enforce .the provisions of this charter, the ordinances of the county and all
applicable laws, and exercise such other powers and perform such other duties as may
be prescribed by this charter or by ordinance.
Section 5-1.5. Vacancy in Office.A vacancy in the office of mayor shall be filled by
the managing director, or if the office of managing director is vacant, or during such
periods as the managing director is unable to so act, by the finance director until a
successor is duly elected at the state or state and county election and seated.
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The person elected as the successor shall serve out the unexpired term of the person he
succeeds commencing at 12 o'clock meridian on the first Monday of December following
his election.
Section 5-1.6.Temporary Absence or Disability.During the temporary absence or
disability of the mayor, the managing director shall act as mayor. If the office of
managing director is vacant,or during such periods as the managing director is unable
to so act, the director of finance shall then act as mayor.
Section 5-1.7. Removal of Mayor.The mayor may be removed by impeachment or
recall proceedings as provided by this charter.
CHAPTER 2
CORPORATION COUNSEL
Section 5-2.1.Organization.There shall be a department of the corporation counsel
consisting of the corporation counsel, assistant corporation counsel and the necessary
staff.
Section 5-2.2. Appointment. and Removal. The corporation counsel shall be
appointed by the mayor, confirmed by the council and may be removed by the mayor
with thea approval of the council.He shall be an attorneylicensed topractice and in good
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standing before the Supreme Court of the State of Hawaii.
Section 5-2.3. Powers, Duties and Functions.The corporation counsel shall be the
chief legal advisor and legal representative of all county agencies, the council and all
officers and employees in matters related to their official powers and duties. He shall
represent the county in all civil legal proceedings and shall perform all other services
incident to his office as may be required by law.He shall,however,be prohibited from
representing any elected officer in impeachment proceedings.
Section 5-2.4. Assistant Corporation Counsel. The assistant corporation counsel
shall be appointed by the corporation counsel and may be removed by the
corporation counsel.The assistant corporation counsel shall be an attorney licensed to
practice and in good standing before the Supreme Court of the State of Hawaii.
Section 5-2.5. Special Counsel. The council may, by two-thirds vote of its entire
membership, authorize the employment of special counsel for any special matter
presenting a real necessity for such employment. Any such authorization shall specify
the compensation, if any, to be paid for said services.
Section 5-2.6.Term of Office:Notwithstanding Section 13-8,the term of office of the
corporation counsel, assistant corporation counsel and deputies shall be co-terminous
with that of the mayor; provided that where a successor has not been appointed and
confirmed, the corporation counsel shall continue in office pending such appointment
and confirmation, but in no event shall he continue in office beyond three months,
whether acting or otherwise.
CHAPTER 3
DEPARTMENT OF FINANCE
Section 5-3.1.Organization.There shall be a department of finance consisting of the
director of finance and the necessary staff.
Section 5-3.2. Appointment and Removal. The director of finance shall be
appointed by the mayor, confirmed by the council and may be removed by the mayor.
Section 5-3.3. Powers, Duties and Functions.The director of finance shall be the
finance officer of the county and shall:
(a) Assist the mayor in the preparation and execution of the operating budget,
operating program and capital budget.
(b) Collect special assessments as provided by and subject to law.
(c) Negotiate loans and the issuance and sale of bonds and notes when authorized by
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the council;maintain records of county indebtedness and have charge of the payment of
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interest and principal thereon.
(d) Have custody of all public funds belonging to or under the control of the county,
county agency or executive agency, and deposit all such funds in banks or trust
companies designated as depositories by resolution of the council, subject to the
requirements imposed by law as to surety and payment of interest,which interest shall
accrue to the benefit of the public and shall be credited to the proper fund and account.
(e) Examine all contracts, orders and other documents by which financial
obligations are incurred, and every such document shall be subject to his approval but
he shall not approve unless he first verifies the appropriation,allotment and availability
of funds to meet the obligation concerned and verifies thereto as provided in Section 10-
11.
(f) Prepare and issue warrants, prepare payrolls and pension rolls and disburse all
funds in the county treasury.No money shall be paid out of the treasury unless he first(i)
verifies the appropriation, allotment and availability of funds to cover the claim
concerned and certifies thereto as provided in Section 10-11 and (ii) determines that
such claim is regular in form, correctly computed and constitutes a legal obligation.
(g) Maintain a general accounting system for the county and require all county
agencies and executive agencies to report and remit all receipts to him as often as he
deems desirable.
(h) Each month submit to the mayor and to the council through the mayor a
statement of the revenues and expenditures for the preceding month and for the fiscal
year up to and including the preceding month. Such statement shall be sufficiently
detailed as to appropriations,allotments and funds to show the exact financial condition
of the county and of each of its agencies and executive agencies.
(i) Submit to the council through the mayor at the end of each fiscal year,a report of
the financial transactions of that year and a complete statement of the financial
condition of the county at the end of the year,within ninety days after the end of the year.
(j) Prepare and maintain a perpetual inventory of all lands, roadways, streets,
easements and other land interests owned, leased, rented or controlled by the county.
(k) Prepare and maintain a perpetual inventory of equipment owned or controlled
by the county and materials and supplies in county storerooms,and dispose of property
not needed by any agency or executive agency of the county pursuant to policies
established by ordinance.
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(1) Where not in conflict with this charter, assume and perform all the duties and
functions of the purchasing agent, the treasurer and the auditor of the county as
provided by law, and for this purpose the director of finance shall be authorized to
appoint a deputy,to assign and reassign such duties to any employee as he sees fit and to
make internal administrative and organizational changes as he sees fit, subject to the
approval of the mayor.
(m) Exercise such other powers and perform such other duties as may be prescribed
by this charter, by ordinance, by law or by the mayor.
Section 5-3.4. Pension Board. There shall be a pension bnard consisting of five
members who shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4. The pension board shall assume the duties and
functions of the pension board of the county and the board of trustees of the policemen,
firemen, and bandsmen as provided by law and shall be attached to the department of
finance.The county clerk and the director of finance shall ex-officio be the secretary and
treasurer, respectively, of the pension board.
CHAPTER 4
PLANNING DEPARTMENT
Section 5-4.1. Organization.There shall be a planning department consisting of a
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planning director, a planning commission, and the necessary staff.
Section 5-4.2. Planning Director.The planning director shall be appointed by the
mayor, confirmed by the council and may be removed by the mayor.The director shall
be the administrative head of the department and shall:
(a) Serve as thechief planning officer of the county and the technical advisor to the
mayor, planning commission, and council on all planning and related matters.
(b) Prepare a general plan and amendments thereto to guide the development of the
county district or districts.
(c) Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments or modifications thereto.
(d) Review the lists of proposed capital improvements contemplated by agencies and
executive agencies of the county and recommend the order of their priority.
(e) Be charged with the administration of the subdivision and zoning ordinances
and regulations adopted thereunder.
(f) Be charged with the approval of.proposed subdivision plans which are in
conformity with the subdivision ordinance and regulations.
(g) Receive, process, and recommend to the planning commission appropriate
action regarding rezoning applications,special exceptions,and other similar requests. '
(h) Be charged with the approval of variances as provided by law, but if any
objections are made in writing to the director, the director's actions shall be subject to
review by the planning commission according to law.If the said request is denied by the
director, the applicant may appeal such denial to the planning commission.
(i) Exercise all thepowers andperform all the duties of the planningdirector and
the administrator of the commission as authorized by law or ordinance and exercise
such other powers and perform such other duties as shall be required or delegated by
the mayor, planning commission, or council:
Section 5-4.3.Planning Commission.The planning commission shall consist of nine
members who shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4.Commission membership shall be representative of
the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala,
Hamakua,and Hilo.In addition,the chief engineer of the county and the manager of the
department of water supply or their designated representatives shall serve as ex-officio
members of the commission without power to vote. The commission shall establish its
rules of procedure and shall:
(a) Advise the mayor, council and the planning director in matters concerning
planning programs.
(b) Review the general plan, its amendments and other plans and modifications
thereof and transmit such plans with recommendations thereon through the mayor to
the council for consideration and action.The commission shall recommend approval,in
whole or in part, with or without modifications, or rejection of such plans.
(c) Review subdivision and zoning ordinances and amendments thereto drafted by
the director and transmit such ordinances with recommendations thereon through the
mayor to the council for consideration and action. The commission shall recommend
approval, in whole or in part, with or without modifications, or rejection of such
ordinances.
(d) Adopt rules and regulations having the force and effect of law pursuant to the
subdivision and zoning ordinances.
(e) Review and recommend to the state land use commission any change of land use
boundaries.
(f) Hear and determine appeals from the actions of the director on rezoning
applications, and special exceptions from the permitted uses of each district of the
zoning ordinance.
(g) Hear and determine appeals requesting variances or other exceptions from the
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subdivision and zoning ordinances where, due to special conditions, a literal
enforcement of the provisions of the ordinances will result in unnecessary hardship and
the granting of the variances or other exceptions will not be contrary to the public
interest.
(h) Hold public hearings whenever necessary and in every case prior to the granting
of any rezoning request, variance, special exception, or other related applications.
Notice of the time and place of the hearing shall be published at least ten days prior to
such hearing in a daily newspaper of general circulation in the county.
CHAPTER 5
DEPARTMENT OF' RESEARCH AND DEVELOPMENT
Section 5-5.1. Organization. There shall be a department of research and
development consisting of a director and the necessary staff.
Section 5-5.2.Director.The director of research and development shall be appointed
by the mayor, confirmed by the council and may be removed by the mayor.
Section 5-5.3. Powers, Duties and Functions. The director of research and
development shall:
(a) Collect and develop data necessary for managerial and legislative decision-
making, and program and policy-making.
(b) Provide staff leadership for public and private development programs,
enterprises and plans, including P g
economic social and cultural proposals, which
enhance improvement of the county community.
(c) Coordinate informational and regulatory knowledge of all federal and state
grant-in-aid participation programs which affect the county.
CHAPTER 6
MISCELLANEOUS
Section 5-6.1.Clerical Pool.There may be a clerical pool consisting of such positions
as the mayor may recommend and for which appropriations have been made by the
council. The purpose of such pool shall be to provide periodic staff assistance to the
various agencies of the county when necessitated by heavy workloads.The clerical pool
shall be attached to the mayor's office for purposes of administration,assignment and
coordination but the personnel of the clerical pool shall be subject to the civil service
laws of the state.
Section 5-6.2.Safety Coordinator.There shall be a safety coordinator who shall be
appointed by the mayor and may be removed by the mayor.The safety coordinator shall:
(a) Inspect county-owned or controlled equipment, buildings and facilities.
(b) Review operating practices of the various county agencies.
(c) Investigate accidents involving county personnel, equipment, buildings and
facilities.
(d) Make recommendations for prevention and reduction of industrial accidents.
(e) Review, process and maintain workmen's compensation records for the county.
• (f) Perform such other duties as may be requested by the mayor.
Section 5-6.3. Board of Appeals. The board of appeals shall consist of seven
members who shall be appointed by the mayor and confirmed-by the council in the
manner prescribed in Section 13-4. The board shall hear and determine all appeals
from the actions of the planning director and planning commission. In addition, the
board shall hear and determine appeals from the actions of the chief engineer or his
staff regarding the enforcement of the building, plumbing, and electrical code and
laws.
•
All hearings shall be conducted according to the State Administrative Procedures
Act. Whenever possible, persons with a background or expertise in broad arias of
planning and construction shall be given preference for appointment to the board,
although such background or expertise is not-a prerequisite for membership.
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The board shall be part of the planning department for administrative purposes and
the said department shall provide necessary clerical and other assistance.
ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR
CHAPTER 1
MANAGING DIRECTOR
Section 6-1.1. Organization. There shall be a position of managing director in the
office of the mayor. He shall be the principal management aide of the mayor.
Section 6-1.2. Appointment. The managing director shall be
mayor and may be removed by the mayor. g g appointed by the
Section 6-1.3. Powers, Duties and Functions. The managing director shall:
(a) Supervise the administrative functioning of all agencies except those under
direct supervision of the mayor.
(b) Advise the mayor concerning the operation of all agencies under his supervision
and make, or cause to be made, investigations and studies of the internal organization
and procedures of any such agency and for such purpose,may require reports from
of them. any
(c) Prescribe standards of administrative practice to be followed by all agencies
under his supervision.
(d) Attend meetings of the council or of any board or committee,when requested by
the mayor.
(e) Attend meetings of the council and its committees upon request and make
available such information as they may require.
(f) Perform all other duties required of him bythis charter or assigned to him by the
mayor.
CHAPTER 2
DEPARTMENT OF PUBLIC WORKS
Section 6-2.1.Organization.There shall be a department of public works consisting
of a chief engineer and the necessary staff.
Section 6-2.2. Chief Engineer.The chief engineer shall be appointed
confirmed by the council and may be removed by the mayor. He shall be a registered
professional engineer.
Section 6-2.3. Powers, Duties and Functions. The powers, duties and functions of
the department of public works shall be prescribed by ordinance and shall be exercised
and performed by the department.
CHAPTER 3
DEPARTMENT OF PARKS AND RECREATION
Section 6-3.1.
Organization. There shall be a
consisting of a parks and recreation director and a the necessary rtment of sstaffs and recreation
Section 6-3.2.Director.The parks and recreation director shall be appointed by the
mayor, confirmed by the council and may be removed by the mayor.
Section 6-3.3. Powers, Duties and Functions. The powers, duties and functions of
the department of parks and recreation shall be prescribed by ordinance and s
exercised and performed by the department. hall be
Section 6-3.4. County Bands.The county bands shall be a part of the department of
parks and recreation for administrative purposes.The bandmasters shall be appointed
by the mayor and may be removed by the mayor.The members
employees connected therewith shall be appointed of the bands and other
by
removed by the bandmasters with the approvalthe bandmasters and may be
positions in the band shall be exempt fromcivilservice laws and classifications.managing director, all
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CHAPTER 4
FIRE DEPARTMENT
Section 6-4.1. Organization. There shall be a fire department consisting of a fire
chief and the necessary staff.
Section 6-4.2. Fire Chief.The fire chief shall be appointed by the mayor,confirmed
by the council and may be removed by the mayor.
Section 6-4.3. Powers, Duties and Functions. The powers, duties and functions of
the fire department shall be prescribed by ordinance and shall be exercised and
performed by the department.
ARTICLE VII
EXECUTIVE I3RANCH—DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 1
DEPARTMENT OF CIVIL SERVICE
Section 7-1.1. Organization.There shall be a department of civil service consisting
of a director, a civil service commission and the necessary staff.
Section 7-1.2.Civil Service Commission.The civil service commission shall consist
of seven members who shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 13-4. Commission membership shall be representa-
tive of the community and of the county geographical areas of Puna, Ka'u,•Kona,
Kohala, Hamakua,and Hilo and the members shall all be in sympathy with and believe
in the principles of the merit system in public employment.
P, Section 7-1.3. Director. The director of civil service shall be appointed by the civil
service commission and may be removed by the commission.
Section 7-1.4. Powers, Duties and Functions.The director of civil service shall be
responsible for the personnel management program of the county with two distinct
categories of duties. The major duties shall be in the areas of equal employment
opportunities, personnel development, personnel deployment, personnel relations and
personnel welfare. The secondary duties of the director shall be the administration of
the civil service system and the maintenance of the aims and mechanics prescribed by
statute.The director shall be the administrative head of the department of civil service
and shall be responsible for the proper conduct of all the administrative affairs of the
department and for the execution of the personnel program prescribed by this charter,
ordinances,laws and regulations.The civil service commission shall function according
to statute. The director shall provide technical and clerical staff services to the
commission.
Section 7-1.5. Position Classification Plan; Compensation. Except as otherwise
provided by law or this charter, all positions in the service of the county shall be
classified within a position classification plan, and all persons holding such positions
shall be compensated as provided by the compensation law of the state.
Section 7-1.6. Administrative Supervision. The department of civil service shall
come under the general supervision and control of the mayor.
CHAPTER 2
POLICE DEPARTMENT
Section 7-2.1. Organization. There shall be a police department consisting of a
police commission, a chief of police and the necessary staff.
Section 7-2.2. Police Commission. The police commission shall consist of seven
members,two of whom shall be residents of thecombined districts of North and South
Hilo,one from the district of Puna,one from the district of Ka'u,one from the combined
districts of North and South Kona,one from the combined districts of North and South
Kohala and one from the district of Hamakua.The members shall be appointed by the
mayor and confirmed by the council in the manner prescribed in Section 13-4.
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Section 7-2.3.Department Rules.The police commission shall adopt such rules as it
may consider necessary for the conduct Of its business and regulation of the matters
committed to its charge by law. Except for purposes of inquiry,neither the commission
nor its membersshall interfere in any way with the administrative affairs of the
department.
Section 7-2.4.Chief of Police and Deputy.The chief of police shall be appointed by
the police commission and may removed by the police commission.The deputy shall
be appointed by the chief of police with the confirmation of the police commission and
may be removed by the chief with the approval of the police commission.
Section 7-2.5. Powers, Duties and Functions of the Chief of Police. The chief of
police shall be the administrative head of the police department and shall:
(a) Be responsible for the preservation of the public peace, prevention of crime,
detection and arrest of offenders against the law,protection of the rights of persons and
property, and enforcement and prevention of violations of all laws of the state and
ordinances of the county and all regulations made in accordance therewith.
(b) Train, equip, maintain and supervise the force of police officers and employees
pursuant to the rules of the police commission.
(c) Have such other powers, duties and functions as may be required by the police
commission or provided by law.
Section 7-2.6. Dismissal, Suspension, Demotion or Grievance. The dismissal,
suspension, demotion or grievance of any police officer or employee in the police
department shall be under procedures set forth by civil service laws and regulations.
Section 7-2.7. Administrative Supervision. The police department shall come
under the general supervision and control of the mayor.
CHAPTER 3
DEPARTMENT OF.LIQUOR CONTROL
Section 7-3.1. Organization. There shall be a department of liquor control
consisting of a liquor commission,a liquor control adjudication board,a director of the
department and the necessary staff.
Section 7-3.2.Liquor Commission.There shall be a liquor commission consisting of
seven members who shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4.Commission membership shall be representative of
the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala,
Hamakua, and Hilo. The liquor commission shall:
(a) Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to carry out provisions of the liquor
control laws of the state.
(b) Grant, renew or refuse applications for licenses for the manufacture,
importation and sale of liquor in the county under applicable laws and regulations.
(c) Have such other powers and duties as may be provided by law, not in conflict
with the provisions of this section.
Section 7-3.3.Liquor Control Adjudication Board.There shall be a liquor control
adjudication board consisting of five members who shall be appointed by the mayor and
confirmed by the council in the manner prescribed in Section 13-4.
The liquor control adjudication board shall hear and determine all complaints
regarding violations of the liquor control laws of the state, or complaints regarding
violations of rules and regulations established by the liquor commission and impose
such fines or punishment as may be provided by law upon the conviction thereof.
Section 7-3.4. Director of the Department of Liquor Control.The director of the
department of liquor control shall be appointed by the liquor commission and may be
removed by the liquor commission. The director of the department of liquor control
shall:
(a) Be the administrative head of the department.
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(b) Provide clerical and administrative services for the liquor commission and the
liquor control adjudication board, including the submission of budget for the operation
.f the department.
(c) Investigate complaints regarding violations of the liquor control laws of the
state or complaints regarding violations of rules and regulations established by the
liquor commission and report such violations to the prosecuting officer of the county.
Section 7-3.5. Administrative Supervision.The department of liquor control shall
come under the general supervision and control of the mayor.
ARTICLE VIII
DEPARTMENT OF WATER SUPPLY
Section 8-1. Organization.There shall be a semi-autonomous department of water
supply consisting of a water commission, a manager and the necessary staff.
Section 8-2. Water Commission. The water commission shall consist of nine
members who shall be appointed by the mayor with the approval of the council in the
manner prescribed in Section 13-4.Commission membership shall be representative of
the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala,
Hamakua, and Hilo. The manager of the department of water supply, the planning
director and the chief engineer of the county or their designated representatives shall
serve as ex-officio members of the water commission without power to vote.The water
commission shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law relating
to the management, control, operation, preservation and protection of the waterworks
ofthe county.
(c) Adopt an annual operating and capital budget for the department,subject to the
' .-aring and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain,purchase,lease or otherwise,and
to sell, lease, or otherwise convey real property in the name of the water commission.
(e) Have the authority to issue revenue bonds under the name of the water
commission.
(f) Have such other powers and duties as may be provided by law.
Section 8-3.. Manager'and Deputy. The manager of the department of water
supply shall be appointed by the water commission and may be removed by the water
commission.The deputy shall be appointed by the manager with the confirmation of the
water commission and may be removed by the manager with the approval of the water
commission. The manager shall be a registered engineer.
Section 8-4. Water Fund. There shall be established a separate water fund which
shall be utilized solely for water purposes. State and federal water grants or
appropriations and revenues from operation of the water system shall be included in the
water fund.
Section 8-5. Administrative Supervision..The department of water supply shall
come under the general supervision and control of the mayor.
ARTICLE IX
PROSECUTING ATTORNEY
Section 9-1.Election and Term of Office.The prosecuting attorney shall be elected
for a.term of four years, which term shall commence at twelve o'clock meridian on the
first Monday of December following his election.
Section 9-2.Qualifications.The prosecuting attorney shall bean attorney licensed to
practice and in good standing before the Supreme Court of the State of Hawaii.He shall
be a citizen of the United States of America and shall have been a duly qualified elector
he county for at least one year immediately preceding his election.
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Section 9-3. Compensation. The salary of the prosecuting attorney shall be
established by ordinance.
Section 9-4. Powers, Duties and Functions. The prosecuting attorney shall:
(a) Attend all courts in the county and conduct on behalf of the people all
prosecutions therein for offenses against the laws of the state and the ordinances and
regulations of the county.
(b) Prosecute offenses against the laws of the state under the authority of the
attorney general of the state.
(c) Appear in every criminal case where there is a change of venue from the courts in
the county and prosecute the same in any jurisdiction to which the same is changed or
removed. The expense of such proceeding shall be paid by the county,
(d) Institute proceedings, or direct the chief of police to do so, before the district
judges for the arrest of persons charged with or reasonably suspected of public offenses,
when he has information that any such offenses have been committed, and for that
purpose take charge of criminal cases before the district judges,either in person or by a
deputy or by such other prosecuting officer as he shall designate.
(e) Draw all indictments and attend before and give advice to the grand jury
whenever cases are presented to it for its consideration.Nothing herein contained shall
prevent the conduct of proceedings by private counsel before district judges or courts of
record under the direction of the prosecuting attorney.
(f) Investigate all matters which may properly come before him.
Section 9-5. Staff. The prosecuting attorney may appoint deputies and other
necessary staff. The deputy who is designated as first deputy shall, during the
temporary absence or disability of the prosecuting attorney, assume the power and
perform the duties of the prosecuting attorney.
Section 9-6.Vacancy in Office.A vacancy in the office of prosecuting attorney shall
filled by the first deputy who shall act as prosecuting attorney, or if the position of
first deputy is vacant or if the first deputy is unable to so act, the mayor with the
confirmation of the council shall fill the vacancy by appointment of a person with the
requisite qualifications within thirty days after the occurrence of the vacancy.
The first deputy or the person appointed to fill the vacancy shall serve until a
successor is duly elected at the next state or state and county election and seated.The
election shall be held in accordance with the election laws of the state insofar as
applicable.
The person elected as the successor shall serve out the unexpired term of the person he
succeeds commencing at 12 o'clock meridian on the first Monday of December following
his election. (As amended by Ordinance No. 59, effective November 26, 1974.)
Section 9-7. Removal of Prosecuting Attorney. The prosecuting attorney may be
removed by impeachment or recall proceedings as provided by this charter.
ARTICLE X
FINANCIAL PROCEDURES
Section 10-1. Fiscal Year.The fiscal year of the county shall begin on the first day of
July and end on the last day of June of the succeeding year.
Section 10-2. Preparation and Submision of Budget and Capital Program.
(a) Within ten (10) working days after the close of the state legislature but not later _
than May 1 of each year, the mayor shall submit to the county council:
(1) An operating budget for the ensuing year.
(2) An operating program for the ensuing three fiscal years.
(3) A capital budget for the ensuing fiscal year.
(4) A capital program for the ensuing six fiscal years.
(5) An accompanying message.
(b) On or before the date specified by the mayor, the head of each county agency and
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executive agency shall furnish the mayor:
(1) Estimates for the current fiscal year and ensuing fiscal years covering the
revenues and expenditures of the agency or executive agency concerned.
(2) Estimates of any capital improvements pending or proposed to be under-
taken within the ensuing fiscal year and within the five fiscal years
thereafter.
(3) Such other information as the mayor may request.
(c) The mayor shall review all the estimates furnished him. He may hold public
hearings thereon and may revise the estimates in such manner as he deems advisable in
preparing the budgets and programs.
(d) Upon submission, the budgets, the programs and message shall be a public
record in the office of the clerk of the county council and shall be open to public
inspection. The mayor shall at the same time make available copies of the budgets, the
programs and message for distribution to interested persons.
Section 10-3. Scope of Operating Budget; Operating Program; Mayor's
Message.
(a) The operating budget shall present a complete financial plan for the current
operations of the county and its agencies and executive agencies in the ensuing fiscal
year,showing all funds and reserves.Capital expenditures to be financed from current
revenues in the ensuing fiscal year shall be included in the operating budget as well as in
the capital budget. Appropriations for such expenditures shall be included in the
operating budget. Except as otherwise provided by law, the operating budget shall
contain at least the following:
(1) A simple, clear, general summary of the detailed contents of the operating
budget. Such summary shall itemize all new positions being requested.
(2) The proposed expenditures, including provision for any estimated cash
deficit for the fiscal year currently ending,debt service requirements for the
ensuing fiscal year, and all other expenditures for the ensuing fiscal year,
capital and otherwise, to be met from current revenues; and the proposed
expenditures shall be shown by agencies and programs.
(3) A comparative statement of the actual expenditures for the preceding fiscal
year,and the estimated expenditures for the fiscal year currently ending and
the ensuing fiscal year.
(4) The sums recommended for appropriation on the basis of the proposed
expenditures,which sums need not be itemized further than by agencies and
programs.
(5) The estimated revenues shown by estimated cash surplus, if any, for the
fiscal year currently ending, proposed tax levies and other sources.
(6) A comparative statement of the actual revenues for the preceding fiscal
year,and the estimated revenues for the fiscal year currently ending and the
ensuing year.The estimated revenues for the ensuing fiscal year shall be at
least equal in amount to the proposed expenditures.
(b) The operating program shall present a complete financial plan for the
operations of the county and its agencies and executive agencies in the ensuing three
fiscal years,showing all funds and reserves.The operating program shall be used by the
council for informational purposes and as a guide for the estimated costs of operating
the county government for the ensuing three fiscal years and shall contain at least the
following:
(1) A simple, clear, general summary of the detailed contents of the operating
program.
(2) The proposed expenditures, including debt service requirements and all
other expenditures for the ensuing three fiscal years,capital and otherwise;
and the proposed expenditures,year by year,shall be shown by agencies and.
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programs.
(3) The estimated revenues shown by estimated cash surplus, if any, proposed
tax levies and other sources for the ensuing three fiscal years.
(4) Such other information as the council or mayor may request.
(c) The mayor's message shall explain the operating budget and capital budget both
in fiscal terms and in terms of work to be done. It shall outline the proposed financial
policies of the county for the ensuing fiscal year,describe the important features of the
operating budget and capital budget and means of financing the budgets. It shall
indicate any major changes in financial policies and in expenditures, appropriations
and revenues as compared with the fiscal year currently ending,and shall set forth the
reasons for the changes.As to capital budget,the message shall include a list of pending
and proposed capital improvements together with the mayor's comments on such list.It
shall itemize and explain each pending capital improvement and each capital
improvement proposed to be undertaken within the ensuing fiscal year, showing the
estimated cost of each improvement and the pending or proposed method of financing it.
The message shall also include such other supporting or explanatory material as the
mayor deems desirable.
Section 10-4. Operating Budget and Capital Budget: Notice and Hearing. A
public hearing shall be held on the operating budget and capital budget not more than
four weeks after submission thereof.At this hearing all persons interested shall have an
opportunity to be heard.At least two weeks before the hearing,the county council shall
publish in a newspaper of general circulation in the county, the general summaries of
the operating budget and capital budget and a notice setting forth the time and place for
public hearing thereon and for their consideration by the council.
Section 10-5. Operating Budget: Council Action. After the public hearing the
county council may adopt the operating budget with or without amendments. In
amending, it may add new items or increase items in the operating budget. It may
decrease or delete items,excepting appropriations required by law and appropriations
for debt service.But in all cases the estimated revenues for the ensuing year shall be at
least equal in amount to the proposed expenditures.
The council shall adopt the operating budget on or before the thirtieth day of June.If
it fails to do so, the operating budget submitted by the mayor shall be deemed adopted
by the council as the operating budget for the ensuing fiscal year.
The adopted operating budget shall be in effect on and after the first day of the fiscal
year to which it applies.
Section 10-6. Capital Budget and Capital Program: Scope; Council Action.
(a) The capital budget shall contain at least the following:
(1) A simple, clear, general summary of the detailed contents of the capital
budget.
(2) The capital improvements pending or proposed to be undertaken within the
ensuing fiscal year, together with the estimated cost of each improvement,
the estimated operating cost, and the pending or proposed method of
financing it.
(3) Capital expenditures to be financed from current revenues in the ensuing
fiscal year.
(b) The capital program shall be used by the council for informational purposes and
as guide for the estimated costs of the proposed capital improvements of the county for
the ensuing six fiscal years and shall contain at least the following:
(1) A simple, clear, general summary of the detailed contents of the capital
program.
(2) The capital improvements pending or proposed for the ensuing six fiscal
years, together with the estimated cost of each improvement and the
proposed method of financing it.
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(3) Such other information as the council or mayor may request.
(c) After the.public hearing on the capital budget,the county council may adopt the
capital budget with or without amendment.In amending, the council shall request and
consider, but need not follow, the recommendations of the mayor as to the proposed
amendment.
(d) The council shall adopt the capital budget on or before the thirtieth day of June.
If it fails to do so,the capital budget submitted by the mayor shall be deemed adopted by
the council as the capital budget for the ensuing fiscal year.The adopted capital budget
shall be in effect on and after the first day of the fiscal year.(As amended by Ordinance
No. 57, effective November 26, 1974.)
At any time during the fiscal year,the council,by ordinance adopted by the affirma-
tive vote of at least two-thirds of the entire membership,may amend the capital budget
for that year. In amending,the council shall request and consider,but need not follow,
the recommendations of the mayor as to the proposed amendment.
Section 10-7. Budgets: Public Records.Three copies of the operating budget and
the capital budget as adopted shall be certified by the mayor and the clerk of the county
council. One of these copies shall be filed in the office of the mayor and one each in the
offices of the director of finance and the director of planning.The operating budget and
capital budget shall be made available to the county agencies and to interested persons,
upon such conditions as the council may determine.
Section 10-8. Appropriations: Supplemental and Emergency. When during any
fiscal year there are available any funds for appropriation,the mayor shall certify to the
county council and the county council may amend or make supplemental appropria-
tions for the year up to the amount of available revenues. Such appropriations may be
made by ordinance effective immediately upon adoption.
To meet a public emergency affecting life,health or property,the council,may make
emergency appropriations. S
g Yuch appropriations may be made by ordinance and must.
be approved by all council members present or by two-thirds of the entire membership.
To the extent that there are no available unappropriated revenues to meet such
appropriations, the council may by ordinance authorize the issuance of emergency
notes. These notes may be renewed from time to time, but the emergency notes and
renewals of any fiscal year shall be paid not later than the first day of the fiscal year next
succeeding that in which, the emergency appropriation was made. The total of
emergency appropriations in any fiscal year shall not exceed one-half of one percent of
the total operating appropriations, excluding those for debt service made in the
operating budget for that year.
Section 10-9. Appropriations: Reduction and Transfer.If at any time during the
fiscal year it appears probable to the mayor that the revenues available will be
insufficient to meet the amount appropriated, he shall report to the county council
without delay, indicating the estimated amount of the deficit. For that purpose the
council may by ordinance reduce one or more appropriations; but no appropriation
required for debt service may be reduced and no appropriation may be reduced by more
than the amount of the unencumbered balance thereof or below any amount required by
law to be appropriated.
The mayor may at any time during the fiscal year transfer part or all of any
unencumbered appropriation balance between classifications of expenditures or
programs within an agency or executive agency; and if at any time the mayor so
requests in writing,the council,by resolution effective immediately upon adoption,may
transfer, part or all of any unencumbered appropriation balance from one agency or '
executive agency to another.But no transfer shall be made from appropriations for debt
service or for estimated cash deficit; and no appropriation may be reduced below any
amount required by law to be appropriated.
Section 10-10. Lapse of Appropriations. General appropriations, except an
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appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the
extent that the same has not been expended or encumbered. An appropriation for a
capital expenditure that is not encumbered shall lapse at the end of two fiscal years
following the fiscal year that the appropriation was made.
Section 10-11. Payments and Obligations Prohibited: Verifications; Penalties.
No payment shall be authorized or made and no obligation incurred against the county
except in accordance with appropriations duly made. No payment shall be made
against any allotment or appropriation unless the director of finance first verifies that
there is sufficient unencumbered balance in the allotment or appropriation and that
sufficient funds therefrom are available to cover the claim concerned; nor shall any
obligation be incurred against any allotment or appropriation unless the agency head
first verifies that there is sufficient unencumbered balance in the allotment or
appropriation and that sufficient funds therefrom will be available to meet the
obligation concerned when it becomes due and payable. Every obligation incurred and
every authorization of payment in violation of the provisions of this charter shall be void.
Every payment made in violation of the provisions of this charter shall be illegal;andall
county officers who knowingly authorize or make such payment or any part thereof
shall be jointly and severally liable to the county for the full amount so paid or received.
If any county officer or employee knowingly authorizes or makes any payment or incurs
any obligation in violation of the provisions of this charter or takes part therein, that
action shall be cause for his removal.
Nothing contained in this section or other sections of this charter shall be construed to
prevent the making or authorizing of payments or making of contracts for capital
improvements to be financed wholly or partly by the issuance of bonds; nor shall it
prevent the making, when permitted by law,of any contract or any lease providing for
the payment of funds at a time beyond the end of the fiscal year in which the contractor
lease is made.But any contract,lease or other obligation requiring the payment of funds
from the appropriations of a later fiscal year or of more than one fiscal year shall be
made or approved by resolution.
Section 10-12.Special Funds. Upon recommendation of the mayor,the council may
by ordinance abolish or establish such special funds as may be necessary for the proper
and efficient segregation of fiscal operations of the county.
Section 10-13. Post-audit. The county council shall provide at least once every year
for an independent audit of the accounts and other evidences of financial transactions of
the county and of every county agency and executive agency.The audit shall be made by
a certified public accountant or firm of certified public accountants,designated by the
council, who have no personal interest, direct or indirect, in the fiscal affairs of the
county or of any of its agencies or executive agencies. The audit shall include both
financial accountability and adequacy of the financial and accounting.system. If the
state,makes such an audit, the council may accept it as satisfying the requirements of
this section.
Either the council or the mayor may at any time order an examination or audit of the
accounts or program of any county agency or executive agency. Upon the death,
resignation,removal or expiration of the term of any county administrative officer,the
director of finance shall cause an audit and investigation of the accounts maintained by
the officer and by his agency or executive agency to be made and shall report the results
thereof to the mayor and the council.In the case of the death, resignation or removal of
the director of finance, the council may cause an audit to be made of the accounts of all
agencies and executive agencies. If, as a result of any such audit, an officer be found
indebted to the county, the mayor shall proceed forthwith to collect the indebtedness.
Section 10-14. Centralized Purchasing.
(a) The department of finance shall be responsible for the procurement of all -
materials, supplies, equipment and services required by any agency of the county,
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except as otherwise provided by this charter or any law.
(b) There shall be a standardization committee composed of five members. The
mayor shall appoint four members without necessity of council confirmation, each of
whom shall be from a separate department.The fifth member shall be a representative
of the department of finance who shall serve as chairman of the committee. The
committee shall classify all materials,supplies and equipment commonly used by the
various agencies of the county and shall prepare and adopt standards and specifications
for such materials, supplies and equipment.
(c) All purchases and contracts for materials, supplies, equipment and services
shall be made by advertising, except that such purchases and contracts may be
negotiated without advertising if:
(1) The public exigency will not admit of the delay incident to advertising.
(2) The aggregate amount involved does not exceed $4,000.00; however, any
purchases or contracts involving sums between$500.00 and $4,000.00 shall
be based on competitive bids which shall be in writing.
(3) It is impracticable to secure competitive bidding for materials,supplies and
equipment, including animals, plants, food and fodder for animals of the
zoo, non-processed agricultural products, patented or proprietary articles
and books and publications.
(4) It is determined that the procurement of equipment determined to be
technical equipment is necessary to assure standardization of the equipment
and interchangeability of parts and that such standardization and
interchangeability are necessary in the interest of economy.
(5) Any other•procedure or matter will promote the effective, efficient and
timely procurement of goods and services.
(d) The advertisement for bids shall be made a sufficient time before the purchase or
contract, and specifications and invitations for bids shall permit such"full and free
competition as is consistent with the procurement of the types of materials,supplies,
equipment and services necessary to meet the requirements of the agency concerned.
All bids shall be publicly opened at the time and place stated in the advertisement.
Award shall be made with reasonable promptness by written notice to the responsible
bidder, whose bid, conforming to the invitation for bids,will be most advantageous to
the county, price and other factors considered.
(e) Purchase orders shall be issued upon the endorsement of the purchasing agent,
and such endorsement shall be made in accordance with rules and regulations
promulgated by the director of finance.
(f) The director of finance shall, from time to time, secure from all agencies
estimates of their needs for articles of common use and shall, when practicable,
consolidate requisitions in order to secure the benefits of quantity purchases,and may
enter into cooperative buying arrangements with other public agencies.
(g) The director of finance may by rules and regulations provide for:
(1) Emergency purchases which might be required.
(2) Petty cash funds or blanket purchase orders or both.
(3) Non-competitive-com etitive p urchases and contracts provided for under subsection 10-
14(c)(3).
(4) Approval and signing procedures related to the issuance of purchase orders.
(5) Negotiated sales of county property found unusable for public purposes and
valued below $100.00 without public auction.
(h) All county storerooms (other than departmental) shall be supervised and
operated by the director of finance.
(i) The director of finance shall require such guarantees of performance by vendors
as in his opinion may be necessary or may be prescribed by ordinance.
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ARTICLE XI
INITIATIVE AND REFERENDUM
Section 11-1. The Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances(exceptas provided in Section 11-2)
shall be the initiative power.
(b) The power of voters to approve or reject ordinances by election (except as
provided in Section 11-2) shall be the referendum power.
Section 11-2. Limitations to Powers. The initiative power and the referendum
power shall not extend to:any part or all of the operating budget or capital budget;any
financial matter relating to public works; any ordinance making or repealing any
appropriation of money or fixing the salaries of county employees or officers; any
ordinance authorizing or repealing the levy of taxes; any emergency legislation.
Section 11-3. Submission Requirements.
(a) Voters seeking to propose an ordinance by initiative shall submit an initiative
petition addressed to the council and containing the full text of the proposed ordinance.
The initiative petition shall be filed with the clerk of the council at least forty-eight
hours prior to any regular council meeting.
(b) . Voters seeking referendum on an ordinance shall submit a referendum petition
addressed to the council,identifying the particular ordinance and requesting that it be
either repealed or referred to the voters of the county.
(c) Each initiative petition and each referendum petition must be signed by
qualified voters of the county equal in number to at least fifteen percent of the total
number of persons who voted in the county for the office of mayor in the last preceding
general election.
Section 11-4. Petitioners' Committee. For each initiative or referendum petition
there shall be a petitioners' committee representing all the petitioners, which
committee shall be composed of five members who shall be qualified voters of the county
and signers of the petition. The committee shall be responsible for circulation of the
petition and for assembling and filing the petition in proper form.The committee shall
have the power to amend or withdraw the petition as provided in this charter.
Section 11-5. Initiative and Referendum Petitions: Forms and Sufficiency.
Initiative and referendum petitions shall be governed by the rules regarding form and
sufficiency set forth in this section, as well as by such other rules as the county council
may impose by ordinance,consistent with the provisions and with the spirit and purpose
of this charter.
(a) For immediate acceptance of petitions,the clerk of the council shall require that:
(1) The petitions indicate by name and address,the five signers who constitute
the petitioners' committee for that petition.
(2) The petitions indicate the address, to which all notices for petitioners'
committee are to be sent.
(3) The signatures to petitions be filed on papers of uniform size and style and
assembled as one instrument Upon presentation,petitions which reasonably
comply with this subsection(a)shall be accepted by the clerk without delay;
petitions shall be rejected for non-compliance.
(4) Each elector signing such petition shall print his name, add his signature,
his residence address, his social security number and the date of signing on
said petition.
(b) For purposes of certification, any petition shall be found insufficient which:
(1) Is signed by less than the required number of qualified voters of the county.
(2) Proposes, or requests repeal of, an ordinance not subject to the powers of
intiative or referendum.
(c) Signatures are invalid and petitions insufficient:
(1) If signers are not given an opportunity to read the full text of the proposed
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ordinance under an initiative petition,or the designation and description of
the ordinance in question under a referendum petition,and if the full text of
a proposed ordinance or ordinance under question is not contained in or
attached to each signature paper or set of signature papers of an initiative or
referendum petition, respectively, throughout circulation.
(2) If affidavits(executed by the circulators for each set of signature papers)are
not attached to the papers at the time of filing of petition with the clerk of the
council. Each affidavit shall attest to the effect that:a particular individual
personally circulated an identifiable set of papers;each paper bears a stated
number of signatures; each signature on a paper was affixed in the
circulator's presence; each signature is the genuine signature of the person
whose name it purports to be.
(d) Individual signatures may be withdrawn within fifteen days after the filing of
an initiative or referendum petition with the clerk of the council by the filing of a
written request therefor, by the individual, with the clerk of the council.
Section 11-6. Initiative and Referendum: Procedure after Filing.
(a) Within twenty days after the filing of an initiative or referendum petition, the
clerk of the council shall complete a certificate as to the sufficiency of the petition.
As soon as a certificate is completed,the clerk shall notify the petitioners'committee
of the contents of the certificate. If a petition is certified sufficient,the clerk shall pre-
sent his certificate to the county council at its next meeting.If the clerk certifies a peti-
tion insufficient, his certificate shall show the particulars wherein the petition is
defective. A majority of the petitioners' committee may elect to amend a petition
certified insufficient and must so notify the clerk, but if a majority does not elect to
amend a petition, the clerk shall present his certificate to the county council at its next
meeting. A petition is approved for consideration through council action upon the
clerk's certificate of sufficiency.
(b) If a majority of the petitioners' committee elects to amend its petition, then
within ten days after receipt of the clerk's certificate, the committee shall file a
supplementary petition upon additional papers. The supplementary petition shall be
governed by the same requirements as for an original petition. Within five days after
the filing of a supplemental petition, the clerk shall complete a second certificate as to
the sufficiency of the original petition as amended by'the supplementary petition.
Thereafter, the procedural requirements for the petition as amended shall be the same
as that for the original petition as provided in subsection (a), this section.
(c) A majority of the petitioners' committee may request the county council to
review the clerk's certificate, at or before the meeting at which the clerk presents the
certificate to the council.The council shall review the latest clerk's certificate,upon the
committee's request,and shall approve or reject the certificate or may substitute its own
determination of sufficiency of the petition by resolution. The review actions of the
council shall be final but shall not preclude the filing of a new petition for the same
purpose.
Section 11-7. County Council Action on Petitions.
(a) The county council shall proceed immediately to consider an initiative or
referendum petition which has been determined sufficient in accordance with the
provisions of this article.If an initiative petition is concerned,the ordinance it proposes
shall at once be introduced subject to the procedures required for ordinances under
Sections 3-9 and 3-11 of this charter; however, not more than sixty days shall elapse
between the time of first reading of the initiative proposal as a bill and completion of
consideration to adopt,amend,or reject the same.If a referendum petition is concerned,
the ordinance to which that petition is directed shall be reconsidered by the council;and
not later than thirty days after the date on which the petition was determined sufficient,
the council shall by resolution repeal or sustain the ordinance.
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(b) If the council fails to adopt an initiative proposal or adopts a proposal with an
amendment unfavorable to a majority of the petitioners' committee, or if the council
fails to repeal an ordinance reconsidered pursuant to a referendum petition, it shall
submit the originally proposed initiative ordinance or refer the reconsidered ordinance
F concerned to the voters of the county at the next general election. The ballot for such
r measures shall contain an objective summary of the substance of the measure and shall
have below the ballot title designated spaces in which to mark the ballot FOR or
a AGAINST the measure.
Section 11-8. Withdrawal of Petitions.A petitioners'committee may withdraw its
t petition at any time,but not later than the thirtieth day immediately preceding the day
scheduled for a vote in the county on the measure concerned.A petitioners'committee
shall be requested to withdraw its petition and the committee must comply, if the aims
j of the petition are resolved by intermediate council action to the satisfaction of the
committee such that the initiative proposal is adopted as an ordinance, or that the
1 ordinance reconsidered by the referendum petition is repealed. A written request for
petition withdrawal must be signed by four of the five members of the petitioners'
committee and,filed with the council clerk. The filing of a withdrawal immediately
cancels the petition and ceases all further action for the accommodation of the petition
1 by the county.
t Section 11-9. Results of Election.If a majority of the voters voting upon a proposed
initiative ordinance shall vote in favor of it,the ordinance involved shall thereupon be an
ordinance of the county.A referred ordinance which is not approved by a majority of the
voters voting on it shall thereupon be repealed.
ARTICLE XII
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 12-1.1. Recall Procedure. In addition to impeachment procedures, any
elective officer may be removed from office by the voters of the county.The procedure to
effect such removal shall be in accordance with this article.
A petition demanding that the question of removing such official be submitted to the
voters shall be addressed to the council and filed with the county'clerk.
(a) A petition demanding recall of an official elected at-large, or by voters of the
entire county,as the case may be,shall be signed by not less than twenty-five percent of
• the total number of persons who registered in the last general election.
(b) A petition demanding recall of a district councilman shall be signed by not less
that twenty-five percent of the total number of persons who registered in his district in
the last general election.
Section 12-1.2. Petitions. Petition papers shall be procured only from the county
clerk, who shall keep a sufficient number of such blank petition papers on file for
distribution as herein provided. Prior to the issuance of such
petition
affidavit shall be made by one or more voters and filed with the clerk,stating the name
and office of the officer sought to be removed.
Section 12-1.3.Signatures.Each signer of a recall petition shall print his name,add
his signature, his residence address,his social security number and the date of signing
on said petition. To each such petition paper there shall be attached an affidavit of the
circulator thereof, stating the number of signers to such part of the petition and that
each signature appended to the paper was made in his presence and is believed to be the
•
genuine signature of the person whose name it purports to be, and that each signer
understood the nature of the recall petition.
Section 12-1.4. Filing and Certification. All papers comprising a recall petition
shall be assembled and filed with the county clerk as one instrument within thirty(30)
days after the filing, with the clerk, of the affidavit stating the name and office of the
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officer sought to be removed. Within twenty days from the date of the filing of such
petition, the clerk shall determine the sufficiency thereof and attach thereto a
certificate showing the result of his examination. If the clerk shall certify that the
petition is insufficient, he shall set forth in the certificate the particulars in which the
petition is defective,and shall return a copy of the certificate to the person designated in
such petition to receive it.
Section 12-1.5.Supplemental Petitions. In the event the initial petition contained
insufficient signatures, such recall petition may be supported by supplemental signa-
tures of voters signed in the manner required in Section 12-1.3 of this article appended
to petitions issued, signed, and filed as required for the original petition at any time
within ten days after the date of the certificate of insufficiency by the clerk.The clerk
shall,within five days after such supplemental petitions are filed,make a like examina-
tion of them, and if his certificate shall show the same to be still insufficient, he shall
return it in the manner described in Section 12-1.4 of this article to the person
designated in such petition to receive the same,and no new petition for the recall of the
officer sought to be removed shall be filed within one year thereafter.
Section 12-1.6.Recall Election.If a recall petition orsupplemental petition shall be
certified by the clerk to be sufficient, he shall at once submit the same with his
certificate to the council and shall notify the officer sought to be recalled of such action.
If the official whose removal is sought does not resign within ten (10)days after such
notice,the council shall thereupon order and fix a day for holding a recall election.Any
such election shall be held not less than sixty(60) nor more than ninety(90)days after
the petition has been presented to the council,or at the same time as any other special
election held within such period,the council shall call a special recall election to be held
within the time aforesaid. If less than fifty percent of the total number of persons who
registered in the last general election shall vote at such election to recall an official
elected at-large, or by voters of the entire county,as the case may be,or in the case of a
recall of a district councilman, if less than fifty percent of the total number of persons
who registered in his district in the last general election shall vote at such recall
election, the officer sought to be recalled shall not be deemed recalled.
Section 12-1.7.Ballots.The ballots at such recall election shall,with respect to each
person whose removal is sought, submit the question: "Shall (name of person) be
removed from the office of (name of office) by recall?" If a majority of the electors
qualified to vote on the question at a recall election vote"Yes",the elected officer shall be
deemed recalled and removed from office,subject to the provisions of Section 12-1.6 of
this article.
Section 12-1.8.Succeeding Officer.The incumbent, if not recalled in such election,
shall continue in office for the remainder of his unexpired term subject to the recall as
before, except as provided in this charter. If recalled in the recall election, he shall be
deemed removed from office upon the announcement of the official canvass of that
election, and the office shall be filled as provided by this charter for the filling of
vacancies of elected officials.The successor of any persons so removed shall hold office
during the unexpired term of his predecessor.
Section 12-1.9.Immunity to Recall.The question of the removal of any officer shall
not be submitted to the voters until such person has served six(6) months of the term
during which he is sought to be recalled,nor,in the case of an officer retained in a recall
election, until one year afterthat election.
CHAPTER 2
IMPEACHMENT
Section 12-2.1. Impeachment of Elected Officers. Any elected officer or officer
appointed to a vacancy in any elected office may be impeached for malfeasance,
misfeasance, nonfeasance, or maladministration in office. The circuit court shall be a
court of impeachment for the trial of any such officer who may be charged on any of the
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ep
•
foregoing grounds. The charges shall be set forth in detail in writing in a verified
e petition for impeachment signed by not less than one hundred(100)qualified electors of
the county.
The court shall sit without ajury and shall proceed according to the form required for
P the trial of all civil cases.
r, If the court sustains the charge,the officer shall be deemed removed from office and
the office declared vacant under this charter.
a
ARTICLE XIII
t: GENERAL PROVISIONS
r Section 13-1. Definitions. As used in this charter:
(a) "Agency" means any office, department, board, commission or other
ji governmental unit of the county.
v (b) "Executive Agency"means any agency or department of the executive branch of
the county government.
d (c) "Employee"means any person,except an officer,employed by the county or any
agency thereof but the term shall not include an independent contractor.
(d) "Officer" includes the following:
(1) Mayor and members of the council.
r (2) Any person elected or appointed as administrative head of any agency of the
county or appointed as a member of any board or commission provided for in
this charter.
(3) Any person appointed by a board or commission as the administrative head
t, of any agency of the county.
t (4) Deputy, assistant or division chief appointed by the administrative head of
any agency of the county.
(5) Assistant or deputies of the corporation counsel and prosecuting attorney.
(e) "State" means the State of Hawaii.
c (f) "Vacancy" shall have the following meaning:
r Any elective office shall become vacant on the happening of any one of the following
events before expiration of the term:
s (1) Death.
e (2) Resignation.
a
e (3) Upon the determination by the county clerk that the officer was not a duly
qualified elector of the county, and, if required,not a
s}; duly qualified elector the district of which he was elected immediately preceding his election orappointment.
(4) Ceasing to be a resident voter of the
county as determined by the county
r. clerk and in the case of an officer elected to a seat requiringresidency
district, in a
ceasing to
be a resident voter of that district as determined by the
county clerk.
(5) Absence from the county,unless on county authorized business,for a period
of three consecutive months, without good cause.
(6) Removal by recall as provided by this charter.
(7) Removal by impeachment proceedings for malfeasance, misfeasance, non-
feasance, or maladministration in office as provided by this charter.
tl (8) Upon the determination by three impartial,licensed physicians selected by
the council that the officer is mentally or physically infirm or disabled and
will be unable to discharge his duties for the remainder of the term. Such
action shall be initiated by a majority vote of the entire council.
(9) Upon filing nomination papers for another elective office during his own
term of office.
(10) Upon the conviction of any felony in any jurisdiction.
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O M
If any of the above events occurs after election,but prior to the commencement of the
term, office is vacant at the time the term commences.
Section 13-2. Titles, Subtitles, Personal Pronouns; Constructions. Titles and
subtitles shall not be used for purposes of construing this charter. When any personal
pronoun appears in this charter, it shall be construed to mean either sex.
Section 13-3. Appointments. No appointing authority shall appoint any person to
any office or position which is exempt from the civil service laws until satisfied by
proper investigation that the person to be appointed is fully qualified by experience and
ability to perform the duties of his office or position.
Section 13-4. Boards and Commissions. Except as otherwise provided in this,
charter, all boards and commissions specifically established by this charter shall be
governed by the following provisions:
(a) The members shall serve staggered terms of five years.Upon the initial appoint-
ment of the members of a commission consisting of five members,one shall be appointed
for a term of one year,one for a term of two years,one for a term of three years,one for a
term of four years,and one for a term of five years.Upon the initial appointment of the
members of a commission consisting of seven members, one shall be appointed for a
term of one year,one for a term of two years,two for a term of three years,two for a term
of four years, and one for a term of five years. Upon the initial appointment of a com-
mission consisting of nine members,one shall be appointed to a term of one year,two for
a term of two years, two for a term of three years,two for a term of four years,and two
for a term of five years.
•
(b) The members shall be appointed by the mayor, and confirmed by the council,
and may be removed upon recommendation by the mayor and the approval of the
council.
(c) No member shall be eligible for a second appointment to the same board or com-
mission prior to the expiration of two years, provided that members of any board or
commission initially appointed for a term of one year and two years shall be eligible to
succeed themselves for an additional term.
(d) No member whose term has expired shall continue to serve on such board or
commission. '
(e) Any vacancy occurring in any board or commission shall be filled for the
unexpired term.
(f) Not more than a bare majority of the members shall belong to the same political
party.
(g) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties.Necessary expenses may be paid
in advance as per diem allowance which shall be established by ordinance.Members of
boards and commissions who do not receive compensation from their employers during
the time they are serving on boards and commissions shall be reimbursed by the county
for actual work hours lost at the straight time rate of pay of such members in their
regular employment but in no case shall such reimbursement exceed five times the state
minimum wage hour rate.
(h) A chairman shall be elected from its membership annually.
(i) The affirmative vote of a majority of the entire membership shall be necessary to
make any action of a board or commission valid; provided, that in the case of advisory
board or commission the affirmative vote of a majority of those present shall be
sufficient to make any action valid.
(j) Each board and commission shall have power to establish its rules of procedure
necessary for the conduct of its business,which rules shall contain the time and place of
all regular meetings.
(k) Notwithstanding any other provision in this charter,no person shall,by reason of
his occupation alone,be barred from serving as a member of any board or commission.
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br
Section 13-5. Oaths of Office. Before entering upon the duties of his office, each
officer elected or appointed shall subscribe to the oath or affirmation before some
person duly qualified to administer oaths:
"I do solemnly swear(or affirm)that I will support and defend the Constitution of the
United States of America, and the Constitution of the State of Hawaii, and that I will
faithfully discharge my duties as . . . to the best of my ability."
Section 13-6. Bonding Officers. The director of finance and such other county
officers or employees as the council may require shall furnish bonds in the amount and
with the surety prescribed by the council by ordinance. The premiums on such bonds
shall be paid by the county.
Section 13-7.Rules and Regulations.Except as otherwise provided in this charter,
all rules and regulations having the force and effect of law adopted by any board,
commission or administrative head of a department shall be approved by the council
and the mayor before going into effect.The provisions of this section shall be applicable
to service rates or fees, license fees and other charges.
Section 13-8. Term of Office of Department Heads. The terms of office of
department heads, deputies and assistants shall be co-terminous with that of the
appointing authority; provided, that where a successor has not been appointed and
qualified, a department head, deputy or assistant,as the case may be,shall continue in
office pending such appointment and qualification.
Section 13-9.Non-Civil Service Status and Classification.From and after the full
effective date of this charter, no employee or officer of the county who is exempt from
the civil service laws shall have his position included in a position classification plan
established under the civil service laws.
Section 13-10. Prohibitions. No person who seeks appointment or promotion with
respect to any county position or appointive county administrative office shall directly
or indirectly give, render or pay any money, service or other valuable thing to any
person for or in connection with his test, appointment, proposed appointment,
promotion or proposed promotion.
From and after the effective date of this charter no person who has the power of
appointment under this charter or ordinance enacted pursuant thereto shall appoint,
employ, promote or advance an individual who is a relative of the appointing authority
to any office or position under his supervision; provided, that the provision of this
paragraph shall not be construed to prohibit the appointment of a relative whose name
appears on the eligibility list submitted by the director of civil service in accordance
with the civil service laws and the rules and regulations promulgated pursuant thereto.
The word "relative"as used in this section shall mean an individual who is related to
the appointing authority as father, mother, son, daughter, brother,sister,uncle,aunt,
first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, step-father,
step-mother, step-son, step-brother, step-daughter, step-sister, half-brother, or half-
sister.
Section 13-11.Penalties.The council shall by ordinance provide for the punishment
of violations of any provisions of this charter and may provide for punishment of
violations of ordinances and regulations,but no penalty shall exceed the amount of one
thousand dollars fine or one year's imprisonment,or both.Prosecution in such case shall
be as provided by law for the prosecution of misdemeanors.
Section 13-12.. Acceptance of Gifts or Donations. The council, on behalf of the
county,may accept gifts of donations of money,securities or other personal property or
of real estate or any interest in real estate.
Section 13-13.Contracts.The county may enter into contracts with private parties,
other counties, the stateor the United States for the performance of any function or
activity which the county is authorized to perform. All written contracts to which the
county is a party shall:
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(a) Be approved by the corporation counsel as to form and legality.
(b) Be authorized by the council by resolution if legislative action is necessary to
implement the contract.
(c) Except as otherwise provided, be signed by the mayor.
(d) Be approved by the director of finance as to the availability of funds in the
amounts and for the purposes set forth therein if they involve financial obligations of the
county. Such contracts shall not extend beyond the term for which an appropriation to
finance such obligations has been made,except as otherwise provided by this charter.
This provision shall not apply to obligations for the procurement of utility services.
Section 13-14. Facsimile Signatures. Whenever any person is required to sign on
behalf of the county negotiable instruments or multiple bonds, the signature may be a
facsimile.
Section 13-15. Title to Property. Except as otherwise provided by law, title to all
property acquired by any agency of the county shall be vested in the county.
Section 13-16. Payment of Moneys Out of the County Treasury. All disburse-
ments of county-controlled funds shall be made pursuant to procedures prescribed by
the director of finance.
Section 13-17.Expenses.Subject to procedures prescribed by the director of finance
and approved by the mayor,all officers and employees of the county shall be entitled to
travel or other necessary expenses in the performance of their official duties as provided
by ordinance.
Section 13-18.Claims.No action shall be maintained for the recovery of damages for
any injury to persons or property by reason of negligence or other act of any official or
employee of the county unless a written statement stating fully when,where and how
the injuries occurred,c urred, the apparent extent thereof and the tentative amount claimed
therefor shall have been filed with the count
clerk within n two years after er the date the
injury was sustained.
Section 13-19.Annual Reports.Not later than an ninety(90)days after the close of the
fiscal year, each agency of the county shall make an annual written report of its
activities to the mayor in such form and under such rules as the mayor may prescribe.
Not later than one hundred twenty (120) days after the close of the fiscal year, the
mayor shall publish an annual report concerning the activities of all agencies of the
county. A copy of such report shall be filed in the office of the county clerk.
Section 13-20. Records and Meetings Open to the Public.
(a) All books,minutes and records of every agency of the county shall be open to the
inspection of any person at any time during business hours, except as otherwise
provided by law.Certified copies or extracts from such books and records shall be given
by the officer who has custody of same to any person requesting such copies and extracts
and paying or tendering a reasonable fee to be fixed by the council.
(b) All meetings of the council, boards and commissions shall be held in the council
meeting room or other public places and no such bodies shall take any official action
•
except at a meeting open to the public.Where personal matters affecting the privacy of
an individual are to be considered,the council,board or commission may,at the request
of the individual involved,consider such matters in closed session;however,any official
action resulting therefrom shall be acted upon in an open meeting. Boards and
•
commissions that are empowered to give examinations to determine the capabilities of
individuals shall be excepted from the provisions of this section when technical exam-
inations and questionnaires are being drafted by such bodies.
The term"official action"as used in this section means a collective decision made by a
majority of the members of the council, board or commission, or an actual vote by a
majority of the members of the council, board or commission,when sitting as a body or
an entity, upon any matter before the council, board or commission.
(c) The time and place of all regular meetings of the council, board or commission
29
shall be provided in the rules adopted for the conduct of its business. Except as
otherwise provided in this charter, a special meeting may be called by the presiding
officer of the council,board or commission when the date,time and place of such special
meeting are announced prior to adjournment of a regular meeting;otherwise a special
meeting can be called only upon the publication of a notice of such meeting in a
newspaper of general circulation in this county at least twenty-four hours in advance of
such meeting. If the requirement with respect to publication of notice cannot be met
because of insufficient time, the meeting notice shall be made by broadcasting a
minimum of three announcements in the English language over FCC licensed public
radio stations in this county or television stations with local audience. Such
announcements shall be broadcast at least twenty-four hours in advance of such
meeting.To assure the widest possible coverage,the meeting notice shall be released to
radio stations in this county and the announcements shall be programmed to be heard
•
between the hours of 7:00 A.M. to 5:00 P.M. In addition to the above requirements,
notice of such special meeting shall be conspicuously posted on the bulletin board of the
Hawaii County Building.A brief resume of the principal business to be taken up at such
meeting shall be stated in the posted notice as well as in the notice released to the news
media.
(d) Business conducted by the council,board or commission during a meeting which
does not conform to the provisions of this section shall be null and void.
(e) News Gatherer's Sources, Privileged. No legislative or administrative body, or
any other county body having the power to issue subpoenas shall adjudge in contempt
any publisher, editor or reporter, who is or was connected with or employed by a
newspaper, press association, wire service, or a radio or television station,for refusing
to disclose,in any county action,hearing,investigation,inquest,or inquiry,the source of
any information procured while connected or employed by the newspaper, press asso-
ciation, wire service, or station for publication_in a newspaper or for news or news
commentary purposes on radio or television. (As amended by Ordinance No. 58,
effective Nov. 26, effective Nov. 26, 1974.)
Section 13-21. Cooperation with Other Agencies. In the performance of its
functions, each agency of the county shall cooperate with private agencies and with
agencies of the governments of the United States,the state and other states and with any
of their political subdivisions having similar functions.
Section 13-22. Coordination of Work. The mayor shall devise a practical and
working basis for the cooperation and coordination of work by the various agencies to
eliminate duplication and overlapping of functions, and such agencies shall, so far as
practicable,cooperate with each other in the use of employees,land,building,quarters,
facilities and equipment.The head of any agency may empower or require an employee
of another agency,subject to the consent of the head of such other agency,to perform any •
duty which he might require of the employees of his agency. Whenever in this charter
power is vested in an agency to inspect, examine or secure data or information or to
procure assistance from any other agency, a duty is hereby imposed upon the agency
upon which demand is made to render such power effective.
Section 13-23.Declaration of Emergencies.The mayor may declare emergencies
when the peace, life, property, health, safety or morals of the community are
endangered,but his failure or refusal to make such a declaration shall not preclude the
council from finding that an emergency exists.
Section 13-24. Waiver of Charter Provisions. If any provision of this charter jeo-
pardizes the receipt by the county of any federal grant-in-aid or other federal allotment
of money, such provision, may, insofar as such fund is jeopardized, be waived by the
council upon recommendation of the mayor.Waiver shall be accomplished by ordinance
adopted as prescribed in Section 3-11 except that duly advertised public hearing shall
be held between first and second readings.Such waiver shall continue in effect only for
30
the period of time required by the specific grant-in-aid or allotment.
Section 13-25.Separability.If any provision of this charter is held unconstitutional
or invalid, the other provisions of this charter shall not be affected thereby. If the
application of the charter or of any of its provisions to any person or circumstance is held
unconstitutional or invalid, the application of the charter and its provisions to other
persons or circumstances shall not be affected thereby.
Section 13-26.Public Defender.The office of public defender shall be established
by ordinance of the council when there is no other private or public agency which is
adequately performing this function.
Section 13-27. County Election. No person shall be a candidate for more than one
elective office in the same election, nor shall a candidate defeated in the primary
election seek an elective office in the general election unless placed on said ballot as a
substitute for a candidate who has expired,withdrawn or been disqualified.If no person
is elected to a county office, the county council shall appoint a person to fill such office.
County elections shall be conducted in accordance with the election laws of the state
insofar as applicable.
ARTICLE XIV
CODE OF ETHICS
Section 14-1.Enactment.The council shall adopt by ordinance a code of ethics which
shall provide as a minimum standard the provisions of this article. More stringent
provisions may be enacted.
Section 14-2.Standards.It shall constitute a conflict of interest for any employee or
officer of the county to:
(a) Solicit or accept any gift,loan,gratuity,favor,promise or service with the under-
standing that the same may influence him in the proper discharge of his official duties.
(b) Use his official position to secure special privileges,consideration,treatment or
exemption to himself or any person beyond that which is available to every other person.
(c) Engage in any business, transaction or activity or have a financial interest,
direct or indirect, which might reasonably tend to be incompatible with the proper
discharge of his official duties or to impair his independence of judgment in the
performance of hisofficial duties.
(d) Receive any compensation for his services as an officer or employee of the county
from any other source other than the county, except as otherwise provided by this
charter or by law.
(e) Appear in behalf of private interests for compensation before any agency of the
county other than a court of law; nor represent private interests in any action or
proceeding against the interest of the county in any litigation to which the county is a
party. An officer serving the county without compensation, however, may appear for
compensation in behalf of private interests before county agencies other than the one on
which he serves and other than those agencies that have the power to review the actions
of the agency on which he serves,or to act on the same a subject matter as the agency on
which he serves.
(f) Accept a retainer, compensation or election campaign contribution that is
contingent upon action by a county agency.
Section 14-3. Disclosure of Interest. It shall be incumbent upon all employees or
officers of the county to:
(a) Make full disclosure in writing to his appointing authority or to the council in the
case of an elective officer, the possession or acquisition of any interests, financial or
otherwise as might reasonably tend to create a conflict with the public interest. Any
member of the council who knows that he has a personal interest,direct or indirect, in
any action proposed or pending before the council shall disclose such interest prior to
the taking of any vote thereon.
31
(b) File a copy of such disclosure with the county clerk which shall become a matter
of public record.
Section 14-4. Conduct of Employees. Officers and employees of the county while .
discharging their duties and dealing with the public shall adhere to the following
precepts:
(a) All public property and equipment are to be treated as a public trust and are not
to be used in a proprietary manner or for the personal purposes without proper consent.
(b) No person in a supervisory capacity-shall engage in personal or business rela-
tionships with subordinates which might intimidate said subordinates in the discharge
of their official duties.
(c) All persons shall be treated in a courteous, fair and impartial manner.
Section 14-5. Board of Ethics. There shall be a board of ethics appointed by the
mayor with the approval of the council. It shall consist of five members who shall be
residents of the county. Each shall serve for a term of five years. Upon the initial
appointment of members pursuant to this charter,one shall be appointed for a term of
one year,one for a term of two years,one for a term of three years,one for a term of four
years and one for a term of five years. The committee shall establish its rules of
procedure. Without limitation of its functions, the committee shall:
(a) Interpret the code of ethics for both county officials and the public and on its own
may initiate and render opinions with respect thereto.
(b) Render advisory opinions to county officers and employees with respect to the
code of ethics pursuant to written requests by officers and employees.
(c) Receive and initiate complaints of violations of the code of ethics and transmit
such complaints to the council or the appropriate appointing authority,along with any
pertinent advisory opinions thereto.
• (d) Hold hearings or conduct investigations concerning application of the code of
ethics and make public such violations of the code that come to its attention.
(e) Publish advisory opinions with such deletions as may be necessary to prevent
disclosure of identity of persons involved where such opinions are rendered pursuant to
subsection (b) above.
(f) Propose revisions to the code of ethics where not inconsistent with this charter.
Section 14-6. Penalties.The failure to comply with the provisions of Section 14-2 to
14-4, inclusive, shall constitute a cause for suspension, removal from office or
employment,or such other penalty as the council may prescribe by ordinance.Nothing
herein shall preclude any other remedy available against the officer or employee of the
county as provided by law.
ARTICLE XV
CHARTER AMENDMENT OR REVISION
Section 15-1. Initiation of Amendments or Revisions.Amendments or revisions of
this charter may be initiated only in the following manner:
(a) By ordinance of the council adopted after three readings on separate days and
passed by the affirmative vote of two-thirds of the entire membership.
(b) By petition presented to the council,signed by qualified electors equal in number
to at least twenty percent of the registered voters for the last preceding general election,
setting forth the proposed amendments or revisions. Such petition shall designate and
authorize not less than three nor more than five of the signers thereto to approve any
alteration or change in the form or language or any restatement of the text of the
proposed amendments or revisions which may be made by the corporation counsel.
Each elector signing such petition shall print his name, add his signature, his
residence address, his social security number and the date of signing on said petition.
Signatures may be on separate sheets but each sheet shall have appended to it the
affidavit of some person that to the best of the affiant's knowledge and belief the persons
whose signatures appear on the sheet are registered electors of the county, that they
32
signed with knowledge of the contents of the petition and that their residences are
correctly given.
Upon filing of such petition with the council,the county clerk shall examine the same
to see whether it contains a sufficient number of apparently genuine signatures of
registered voters. The clerk may question the 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 determining whether the
petition contains a sufficient number of signatures.The clerk shall eliminate any sheet
of the petition which is not accompanied by the required affidavit.The invalidity of any
sheet shall not affect the validity of the petition if a sufficient number of signatures
remains after eliminating such invalid sheet.The clerk shall complete his examination
of the petition within twenty days.
Section 15-2. Elections to be Called. Upon adoption of an ordinance proposing
amendments or revisions of this charter, or upon the determination by the clerk that a
petition for proposed amendments or revisions of this charter contains the required
number of signatures, the council shall by resolution provide that the proposed
amendments or revisions be submitted to the electors of the county for approval at the
next general election. Any such resolution shall provide for the publication of the full
text of the proposed amendments or revisions in a daily newspaper of general circula-
tion in the county at least forty-five days prior to submission to the electors of the county.
Section 15-3.Mandatory Charter Reviews.The charter shall be reviewed in 1989
and every tenth year thereafter. Not later than the fifteenth day of January of the
charter review year, the mayor with the confirmation of the council, shall appoint a
charter commission composed of eleven members to study and review the operation of
the government of the county under this charter.Commission members,no more than a
majority of whom shall belong to the same political party,shall be representative of the
various geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo. The
council shall appropriate funds to enable the commission to carry out its duties,
including the hiring of necessary staff.
The commission shall hold at least one public hearing in each of the geographical
areas.The commission may propose amendments to the existing charter or a draft of a
new charter which shall be submitted to the county clerk. Upon receipt of the
amendments or charter, the county clerk shall provide for the submission of such
amendments or charter to the electors of the county at either a special election as
determined by the commission or at the first general election following the charter
review year.
The commission shall publish not less than forty-five days before any election,at least
once in a daily newspaper of general circulation within the county,a brief digest of the
amendments or charter and the purpose thereof and a notice to the electorate that copies
of the amendments or charter are available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is •
ratified or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or a
new charter, if a new charter is proposed,the amendment or new charter shall become
c'Ifc4 tive at the time fixed in the uuendine t %'harter•
ARTICLE XVI
TRA NSI'I'IONA 1, PILO VISIONS
Section 16-1. Schedule. After its ratification by the electorate, this charter, as
amended, shall take full effect on January 1, 1980.
Section 16-2. Initial Elections Under the Charter.The first county primary and
general elections,under this charter shall be held in the year 1980.
Section 16-3. Existing Laws and Conflicting Laws. All laws, ordinances,
33
S'.
•
resolutions, rules and regulations in force at the time this charter takes full effect,and
not in conflict or inconsistent with this charter, are hereby continued in force until
repealed, amended or superseded by proper authority.All laws relating to or affecting
this county or its agencies,officers or employees,and all county ordinances,resolutions, .
orders and regulations which are in force when this charter takes full effect are
repealed to the extent that they are inconsistent with or interfere with the effective
operation of this charter or ordinances or resolutions adopted by the county council
under the provisions of this charter.
Section 16-4. Status of Agencies and Transfer of Functions. When this charter
takes full effect:
(a) All offices, departments, boards and commissions, the status of which are not
specifically changed or abolished by this charter,are hereby recognized,continued and
established and shall have such powers, duties and functions as provided by law or
ordinance. Members of the various boards and commissions, excluding the Hawaii
redevelopment agency,holding office at the effective date of this charter shall continue
in office unless they resign or until their terms of office shall expire,at which time new
members shall be appointed in accordance with this charter.
(b) Thepublic works board of appeals and the board of appeals under the planning
department shall stand abolished and their functions transferred to the extent provided.
in Section 5-6.3.
(c) Each county civil service employee affected by the status of agencies and
transfer of functions under this charter shall be assigned to other agencies or executive
agencies in the county without any loss in pay, provided he had held his position for at
least one year prior to the full effective date of this charter.When an employee's position
which has been so affected becomes vacant,that position shall stand abolished unless
the position is permanently created in the table,of organization of the agency or
executive agency concerned.
(d) Nothing in this charter shall be deemed to affect the civil service status of any
incumbentdepartment head or deputy in government service prior to the adoption of
this charter,and each shall continue to exercise and discharge the powers and duties of
his respective office until such time as his office becomes vacant and his successor shall
have qualified in accordance with this charter or laws and ordinances enacted pursuant
thereto.
(e) Every non-civil service officer, deputy, assistant or bureau head affected by the
status of agencies and transfer of functions under this charter may be absorbed into a
permanent civil service position in the same division or other agencies or executive
agencies as a consequence of the reorganization provisions of this charter without loss of
vacation or sick leave allowance, service credit or other rights and privileges and
without the necessity of examination; provided, that such officer, deputy, assistant or
bureau head possess the minimum qualifications for the position to which he is
transferred or appointed.The method and procedure for such appointment or transfer
shall be established by resolution or ordinance.The provision of this subsection relating
to civil service status shall not apply to any officer,deputy,assistant or bureau head who
is appointed as a deputy or assistant to the administrative head of any agency under this
charter.
(f) Every non-civil service employee or officer who is not transferred or appointed
and whose employment is terminated as a consequence of the reorganization provisions
of the charter shall have the right to have his name placed on appropriate
reemployment lists and shall be deemed eligible for certification to positions in the class
in which he last occupied or in a related class in the same or lower grade for which he
meets the qualification requirements; provided, that he files a written application for
re-employment with the department of civil service within thirty days after the
termination of his employment. Such certification shall expire three years after the
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effective date of this charter.
Section 16-5. Transfer of Records and Property. All records, property and
equipment whatsoever of any office,department, board or commission,the functions of
which are assigned to another agency by this charter shall be transferred and delivered
to the agency to which such functions are so assigned.
Section 16-6. Status of Present Employees.No loss of vacation allowances,service
credits or other rights and privileges on the part of any officer or employee in the civil
service shall be caused by the adoption of this charter, but nothing contained herein
shall be construed to prevent future changes in status pursuant to civil service laws.
Section 16-7. Department Heads Continued in Office. Notwithstanding any
provision to the contrary, each department.head (including elected department heads
and department heads appointed by boards or commissions) holding office when this
charter takes full effect shall continue in office until his successor takes office or until he
is removed pursuant to the provisions of this charter.
Section 16-8.Pending Proceedings.All petitions, hearings and other proceedings
pending before any office, department, board or commission and not completed at the
effective date of this charter shall continue and remain in full force and effect and shall
be completed before or by the office,department,board or commission which succeeds
to the powers and functions of such office, department, board or commission.
Section 16-9. Lawful Obligations of the County. All lawful obligations of the
county existing on the effective date of this charter and all fines, taxes, penalties, for-
feitures, obligations and rights due, owing or accruing to the county and all writs,
prosecutions,actions and proceedings by or against the county shall remain unaffected
by the adoption of this charter.
Section 16-10. Hawaii Redevelopment Agency. The status of the Hawaii
redevelopment agency shall not be affected by this charter.
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