HomeMy WebLinkAboutMIN CHC 1990-08-06 • MINUTES OF
HAWAII COUNTY CHARTER COMMISSION
August 6, 1990
I. CALL TO ORDER
Chairman Bethea called the meeting to order at 9:15 a.m.
II. ROLL CALL
Members Robert E. Bethea, Chairman
Present: Sherwood Greenwell, Vice-Chairman
Pamela F. Cushnie
David Fuertes
Pete L'Orange
Aileen Lum
Steven Nishikawa
Akira Omonaka
Patricia Poppe
Attorney: Christopher J. Yuen
Members Francine Duncan
• Absent: James O. Juvik
III. APPROVAL OF MINUTES
The minutes of the July 25, 1990 meeting were approved.
IV. PUBLIC TESTIMONY
Sam Page thanked the Charter Commission for its efforts.
V. CORPORATION COUNSEL'S TERM OF OFFICE
The members had an extensive discussion on whether to
change the corporation counsel's term of office to
conform to other department heads, or to remain as
present.
Mr. L'Orange made a motion to treat the corporation
counsel the same as other department heads: i.e. , he
or she would take office upon appointment. Ms. Poppe
seconded the motion. Voting in favor were Greenwell,
Bethea, Poppe, L'Orange, and Cushnie. Opposed were
Omonaka, Nishikawa, Lum, and Fuertes. The motion
failed because it did not obtain the six votes
necessary to propose a charter amendment.
•
• VI. BALLOT ISSUES
Counsel and Chairman Bethea discussed the meeting with
the county clerk. The county clerk indicated that he
would break up proposed amendments "6" and "11" into
several different proposals on the ballot unless the
form of the proposed amendments was altered. To be a
single proposal, the clerk would require that each of
these proposals amend only one section of the charter.
The substance of the proposals could remain the same.
It was counsel's opinion that the Charter Commission
did have the authority to define what would be a single
ballot question, but to avoid an impasse with the
clerk, counsel had drafted revised versions of
amendments "6" and "11" to meet the clerk's objections.
The Commission then discussed language which would make
it clear that the Commission would have the authority
to define the scope of the individual amendments which
would be presented to the voters, to establish the form
of the ballot, and draft the language of the ballot
question to be presented to the voters. Counsel
prepared language which would so amend §15-3, together
with language specifying that if contradictory charter
amendments are presented to the voters, and both
•, receive a majority of votes cast, that the amendment
receiving the greatest number of votes would be deemed
adopted. Greenwell moved for adoption of the proposed
changes. Cushnie seconded the motion. After concern
was expressed over language on contradictory
amendments, the motion was changed to delete this
portion. All were in favor of the motion to adopt the
amendment to §15-3 making it clearer that the
Commission had the authority to control the scope of
individual amendments, the ballot language, and the
form of the ballot.
It was agreed that this would be Proposed Amendment
"15, " and the amendment previously numbered "15" would
be re-numbered "16. "
Ms. Poppe then made a motion to amend §15-3 to state
that if the voters approved contradictory amendments,
the amendment receiving the greatest number of votes
would be adopted. Cushnie seconded the motion.
Bethea, Greenwell, Cushnie, and Poppe voted in favor;
L'Orange, Omonaka, Nishikawa, Lum, and Fuertes opposed.
The motion failed.
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• Ms. Poppe then moved to approve the revised amendments
"6" and "11. " Cushnie seconded. All were in favor and
the motion carried.
The Commission then considered the language on the
Charter Amendment Ballot Digest and the language to be
recommended to the clerk for the actual ballot, as
prepared by counsel: Draft 3, Charter Amendment Ballot
Pamphlet and Draft 3, Proposed Ballot Language.
Amendment "1" : The Commission changed the digest
language to state that "each voter would vote for only
the one council member from his or her district, " and
to specify on the ballot that there would be nine
single-member districts. The "digest" and recommended
ballot language were approved with these changes.
Amendment "2": The digest and recommended ballot
language were approved without changes.
Amendment "3" : The digest and recommended ballot
language were approved without changes.
Amendment "4" : The digest and recommended ballot
language were approved without changes.
• Amendment "5": The digest and recommended ballot
language were approved without changes.
Amendment "6" : Counsel proposed a change to the digest
to clarify the qualifications of the planning director,
and to change the designation of the section to be
amended. All approved the digest and ballot language
as modified.
The Commission discussed the interpretation of this
amendment. It was agreed that where five years'
training and experience is required, that the intent
was that any combination of five years' training and/or
experience would suffice: i.e. , you do not need five
years of training plus five years of experience. The
same would hold true where three years' training and
experience were required. Chairman Bethea directed
that the minutes reflect this as the intent of the
Charter Commission in offering this amendment.
Amendments "7, " "8, " "9, " and "10" : The digest and
recommended ballot language were approved without
changes.
•
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Amendment "11" : The digest and recommended ballot
language were approved, with a change in the sections
to be amended.
Amendments "12, " "13, " and "14" : The digest and
recommended ballot language were approved without
changes.
Amendment "15": The digest and recommended ballot
language were approved without changes.
The Commission also approved a digest and recommended
ballot language for the new proposed amendment "15"
which had been adopted at this meeting.
Public Information
The Commission voted to send an informational brochure
based on the "digest" to as many voters as possible by
mail, and to request of the county clerk that the
digest be available in each voting booth. The
consensus was that the mailing should take place after
the primary election, and about 30 days before the
general. The Charter requires newspaper publication of
the digest at least 45 days before the general
election. Counsel will arrange the mailing and
• publication in conjunction with the mayor's office.
VII. ADJOURNMENT
The Commission discussed the completion of its work,
and that this appeared to be the final meeting. The
meeting was adjourned at about 12: 00 p.m.
Respectfully submitted,
Chr stopher ue 4OFF'
Counsel for Charter Co sion
NOTE: These are the minutes of the final meeting of the Charter
Commission. Therefore, they could not be approved by the
Commission. However, these minutes have been reviewed and
approved by the Chairman of the Commission.
tiaM4 g2(1%/ '
Robert E. Bethea
Chairman, Charter Commission
•
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CHRISTOPHER J...:YlJ EN HILO LAGOON CENTRE, SUITE 108
101 AUPUNI STREET
• HILO,HAWAII 96720
ATTORNEY ATLAW TEL.(808) 935-4429
FAX(808) 935-1844
111
August 7, 1990
Hawaii County Charter Commission
101 Aupuni Street, Suite 235
Hilo, Hawaii 96720
Re: Final Action of Commission
Dear Charter Commission Members:
I have enclosed copies of the following:
Ballot Proposals "6" and "11" as amended at our August 6,
1990 meeting. These supercede the prior version of Ballot
Proposals "6" and "11, " which should be discarded.
Ballot Proposal "15" as passed at our August 6, 1990
meeting.
Ballot Proposal "16, " which was formerly numbered "15. "
The old Ballot Proposal "15" should be discarded.
The final version of the Charter Amendment Digest as
approved on August 6. The text of this will be the basis of our
newspaper publication and mailing.
The final version of our recommended ballot language as
approved on August 6. As we discussed at our meeting, this is
only a recommendation to the county clerk, who has the final
responsibility to prepare the wording. Because the clerk is
likely to prepare wording differentfrom the wording we
recommend, it would be best not to publicly circulate our
recommended ballot language: it is likely to lead to confusion
if the public expects language different from that which actually
appears on the ballot.
Yours truly, _
LaiRIS7U ER J. YUEN
Christopher J. Yuen
Enclosures
Aft CJY:yt
IIP
EXHIBIT A
1004
• PROPOSED CHARTER AMENDMENT wlu
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 3-2, Hawaii. County Charter, is amended
to read as follows:
"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. ] . One member shall be elected
from each of nine districts. The terms of [councilmen] the
council members shall be two years and 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
1005
• in accordance with the election laws of the state. "
SECTION 2. Section 3-3, Hawaii County Charter, is amended
to read as follows:
',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 immediately preceding
[his] election or appointment to the county council. [Where
residency in a district is a requirement, a] A person must also
have been a resident and registered voter of the district from
which [he] the person is to be elected or appointed for at least
ninety (90) days immediately preceding the primary election or
[his] the appointment. "
SECTION 3 . Article III, Hawaii County Charter, is amended
by adding a new section to be designated as §3-18 and to read as
follows:
"Section 3-18. County Reapportionment Commission.
(a) There shall be a county reapportionment commission
which shall establish the boundaries of the council districts.
(b) The initial reapportionment commission shall consist of
seven members, two of whom shallbe residents of the combined
iudicial districts of North and South Hilo, one from the judicial
district of Puna, one from the judicial district of Ka'u, one
from the combined judicial districts of North and South Kona, one
111 from the combined judicial districts of North and South Kohala,
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1006
• and one from the judicial district of Hamakua. The members shall
be appointed by the mayor and confirmed by the council in the
manner prescribed in. Section 13-4.
(c) Each subseauent reapportionment commission shall consist
of nine members. One member shall be a resident of each council
district as established by the previous reapportionment
commission. The members shall be appointed by the mayor and
confirmed by the council in the manner prescribed in Section 13-
4.
(d) The year 1991 and every tenth year thereafter shall be
reapportionment years. The reapportionment commission shall be
appointed and confirmed by March 1 of the reapportionment year,
• and shall file a reapportionment plan with the county clerk by_
December 31 of the reapportionment year. The reapportionment
commission shall be dissolved after the filing of the
reapportionment plan.
(e) The county clerk shall furnish all necessary technical
and secretarial services for the reapportionment commission. The
council shall appropriate necessary funds to enable the
commission to carry out its duties.
(f) The reapportionment commission shall be guided by the
following criteria in establishing the boundaries of the council
districts:
(1) No district shall be drawn to unduly favor or penalize
a person or political faction;
411 (2) Insofar as possible. districts should be continuous and
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111
compact;
(3) District lines shall, where possible, follow permanent
and easily recognizable- features;
(4) Districts shall have approximately equal resident
populations as required by applicable constitutional provisions.
(g) The district boundaries as established by the
reapportionment commission shall be in effect at the first
regularly scheduled council election following the filing of the
plan and for anv subsequent council election. The district
boundaries in effect prior to the filing of the reapportionment
plan shall remain in effect during the duration of the term of
all councilmembers elected or appointed to represent such
• districts until the expiration of the full term of such
councilmembers. including anv election held to fill an unexpired
term under Section 3-5. "
SECTION 4. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 5. This amendment shall take effect upon its
approval by the voters. The members of the county council at the
time of the approval of this amendment shall serve out their full
terms. The county council to be elected at the regularly
scheduled election in 1992 shall be the first to be elected from
the nine districts as established by the reapportionment commission.
411
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1008
111
PROPOSED CHARTER AMENDMENT "2"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Article XI, Hawaii County Charter, is amended to
read as follows:
"Section 11-1. The Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances [ (except as
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-[3]2. 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
111 the county [for the office of mayor] in the last preceding
general election including persons who cast blank or spoiled
1009
111 ballots. For the purposes of this article, a "qualified voter"
is a person who is registered to vote in the county on the dav
that the clerk begins the examination to determine the
sufficiency of the signatures on the petition.
(d) No initiative petition shall be considered unless it is
filed with the clerk of the council on or before May 1 preceding
the next general election. No referendum petition shall be
considered unless it is filed with the clerk of the council on or
before June 1 preceding the next general election.
Section 11-[4]3. Petitioner's 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
IIIcounty 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]4. 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
111 council shall require that:
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1010
•
11, (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 the 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] person signing such petition shall print
his or her name, add his or her signature, [his] residence or
mailing address, [his] social security number, and the date of
• said petition.
signing on
(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 initiative 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 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
111 ordinance or ordinance under question is not contained in or
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1011
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.
!II (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,
signed by the individual, with the clerk of the council. The
signature shall be notarized.
Se) No signature is valid if dated more than two years before
the deadline for filing the petition.
Section 11-[6]5. 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
111 notify the petitioners' committee of the contents of the
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101:2
certificate. If a petition is certified sufficient, the clerk
shall present his certificate to the county council at its next
meeting. If the clerk certifies a petition 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 petitioner's 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. ]
Upon receipt of an initiative or referendum petition, the clerk
of the council shall begin an examination of the petition to
determine whether it contains sufficient valid signatures. The
clerk shall complete the examination within thirty working days
of the receipt of the petition. The clerk shall certify the
410 .
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1013
. sufficiency or insufficiency of the petition to the council at
its next meetina.
(b) If the petition does not contain sufficient valid
signatures. the clerk shall so notify the petitioners' committee.
The petitioners' committee may file a supplemental petition with
additional signatures no more than ten days after being notified
that the original petition did not contain sufficient signatures.
The supplemental petition shall be governed by the same
reauirements as an original petition. Within five working days
after the filing of a supplemental petition. the clerk shall
complete an examination of the 'supplemental petition and
determine whether it. together with the original petition,
contains sufficient signatures. The clerk shall then certify the
sufficiency or insufficiency of the petition to the council at
the next meeting.
(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]6. County Council Action on Petitions.
(a) The county council shall proceed immediately to consider an
411
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f --
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.
• (b) If the council [fails to] does not 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] does not repeal an ordinance reconsidered pursuant to a
referendum petition, or if the council does not complete action
before the deadline for the submission of ballot issues to the
chief election officer, [it shall submit] the originally proposed
initiative ordinance or [refer] the reconsidered ordinance
[concerned] shall be submitted to the voters of the county at the
next general election. The ballot for such measures shall
contain an objective summary, in plain language, of the substance
of the measure and shall [have below the ballot title designated
spaces in which to mark the ballot FOR or AGAINST the measure. ]
411
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1015
IIIallow the voters to vote either FOR or AGAINST the measure.
Section 11-[8]7. Withdrawal of Petitions. [A petitioners'
committee may withdraw its 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 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 ordinance reconsidered by
the referendum petition is repealed. ] A petitioners' committee
may withdraw its petition if the aims of the petition are
resolved by council action. 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
by the county. The petition may not be withdrawn less than
thirty days before the general election.
Section 11-[9]8. Results of the 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. "
I
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1016
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•
SECTION 2 . Charter material to be repealed is bracketed.
•
•
New charter material is underscored.
SECTION 3 . This amendment shall take effect upon its
approval by the voters.
•
410
•
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1m7
1
• PROPOSED CHARTER AMENDMENT 113,1
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Article VII, Chapter 2, Hawaii County Charter is
amended to read as follows: •
"CHAPTER 2.
POLICE DEPARTMENT
Section 7-2.1. Organization. There shall be a police
department consisting of a police commission; a chief of police,
a deputy 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
• the combined 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. The police commission shall:
(a) Adopt such rules as it _may consider necessary for the
conduct of its business and the regulation of the matters
committed to its charge and may review the rules and regulations
of the department.
(b) Review the annual budget prepared by the chief of
• police and may make recommendations thereon to the mayor.
(c) Submit an annual report to the mayor and the council.
10.18_,
(d) Receive, consider, and investigate charges brought by
the public against the conduct of the department or any of its
members and submit a written report of its findings to the chief
of police. A summary of the charges filed and their disposition
shall be included in the annual report of the commission. There
shall be budgeted sufficient funds in the annual budget of the
police department for use by the police commission to fulfill the
intent of this. section.
(e) Advise the chief of police on police-community_
relations.
(f) Hire personnel necessary to carry out its functions.
Except for purposes of inquiry, neither the commission nor
its members shall interfere in any way with the administrative
411
affairs of the department.
[Section 7-2.3. 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 the purposes of inquiry, neither the commission
nor its members shall interfere in any way with the
administrative affairs of the department. ]
[Section 7-2.4. ] Section 7-2.3. Chief of Police and
Deputy. The chief of police shall be appointed by the police
commission and may be removed by the police commission[ . ] at its
sole discretion. Any motion for removal of the chief of police
must contain a statement of reasons, and the commission shall not
• vote to remove the chief of police unless the chief of police has
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1019
•
• been given an opportunity to respond to the statement of reasons
at a hearing before the 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 of police with
the approval of the commission[ . ] , without cause being stated.
The chief of police shall have had a minimum of five years of
training and experience in law enforcement work. including at
least three years in a responsible administrative capacity.
[Section 7-2.5. ] Section 7-2 .4. Powers, Duties, and
Functions of the Chief of Police. The chief of police shall be
the administrative head of the police department and shall:
the preservation of the public
a Be responsible for
( ) P
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.
(c) Promulgate rules and regulations for the organization
'and administration of the police force.
(d) Make periodic reports to the police commission about
the activities of the police department and about actions taken
on cases investigated by the police commission.
[ (c) ] (e) Have such other powers, duties, and functions as
may be required by the police commission or provided by law.
111
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411 [Section 7-2.6. ] Section 7-2 .5. 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. ] Section 7-2. 6. Administrative
Supervision. The police department shall come under the general
supervision and control of the mayor. "
SECTION 2 . _ Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3 . This amendment shall take effect upon its
approval by the voters.
•
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PROPOSED CHARTER AMENDMENT "4"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY •OF HAWAII:
SECTION 1. Article X, sections 10-1 to 10-9, . Hawaii County
Charter, are amended to read as follows:
"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 Submission of Budget and
Capital Program.
• (a) [Within ten (10) working days after the close of the
state legislature but no later than May 1] No later than March 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.
The mayor shall submit amendments to the operating budget,
o•eratin• •ro•ram ca•ital bud•et and ca•ital •ro•ram to•ether
with an accompanying message, to the county council within ten
• (10) working days after the close of the state legislature but
1021
• not later than May 5 of each year.
(b) On or before the date specified by the mayor, the head
of each county agency and 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 undertaken 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 messages
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 messages 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
!II
-2-
1022
• 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
-3-
1023 �,.
• revenues for 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
411 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
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
•
-4-
1024
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.
• The mayor's budget message which accompanies the amendments
to the operating budget and to the capital budget shall describe
the changes in proposed expenditures and in revenue projections
from the budgets which had been submitted on or before March 1,
and shall describe the intervening changes in circumstances which
lustifv the changes in the proposed expenditures and projected
revenues.
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] . The council shall hold a public hearing on
the operating budget and capital budget at any time after March
1. but prior to the first reading on the budget bills. At this
-5-
1025
hearing all persons interested shall have an opportunity to be
heard. At least [two weeks] one week before the hearing, the
county council shall publish in not less than two newspapers [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. The council shall also
allow public testimony at any meeting at which the operating
or
budget capital budget, or amendments thereto, are considered.
4
Section 10-5. Operating Budget: Council Action. After the
public hearing; and after the submission of the amendments to the
operating budget and to the capital budget, the county council
may adopt the operating budget as amended with or without further
• amendments. First reading shall be after May 5. 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 a 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 as submitted and as amended by the mayor shall be deemed
adopted by the council as the operating budget for the ensuing
fiscal year.
If the mayor disapproves of the bill adopting the operating
budget or of any part thereof, the mayor shall return the bill or
411
-6-
1026
• the portions vetoed with a .written statement of objections to the
clerk for further council action within ten calendar days of
receipt of the bill.
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
contentsof 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,
.111.
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 a 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.
•
-7-
1027
• (3) Such other information as the council or mayor may
request.
(c) After the public hearing on the capital budget, and
after the submission of the amendments to the budget. the county
council may adopt the capital budget as amended with or without
further amendment. First reading shall be after May 5. 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 adoptthe capital budget on or before
the thirtieth day of June. If it fails to do so, the amended
do
capitalg 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. )
duringthe fiscal year, the council, b
At anytime Y
ordinance adopted by the affirmative 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
S
-8-
1028
• 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 appropriations
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. Such
• 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 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
410
-9-
1029
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 encumbered 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. The mayor shall notify the county council of anv
transfer of funds within an agency or an executive agency no
later than thirty days after authorizing such a transfer. "
SECTION 2 . Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3 . This amendment shall take effect upon its
•
-10-
1030
• approval by the voters.
•
•
-11-
1031
t.
4 .
• PROPOSED CHARTER AMENDMENT "'5"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 3-4, Hawaii County Charter, is amended
by replacing it with a new section to be appropriately designated
and to read as follows:
" [Section 3-4.] Compensation; Salary Commission.
(a) The salary of [councilmen] all county elected officials
shall be established by a salary commission which shall consist
of nine members appointed by the mayor [without] with the
approval of the council, [notwithstanding provision (b) ] in the
manner prescribed in Section 13-4/121. The members may be removed
[by the mayor. ] in the manner prescribed in Section 13-4 (b) .
(b) The commission shall consist of nine members, six of
whom shall be representatives 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.
(c) The commission shall establish its rules of procedure
which shall provide that it meet at least annually, 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
7i
1032
• sensible relationship to an adequate scheme of compensation for
the work they do. ] all county elected officials so that their
salaries have a reasonable relationship to the salaries of civil
service employees. given due consideration for the duties and
responsibilities of the officials. "
SECTION 2. Section 5-1.3, Hawaii County Charter, is
repealed.
�� _
["Section 5 1.3. Compensation. The salary of the mayor
shall be established by ordinance. "]
SECTION 3 . Section 9-3, Hawaii County Charter, is repealed.
["Section 9-3. Compensation. The salary of the prosecuting
attorney shall be established by ordinance. "]
SECTION 4. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 5. This amendment shall take effect upon its
approval by the voters.
-2-
1033
•
• PROPOSED CHARTER AMENDMENT "6"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 13-3, Hawaii County Charter, is amended
to read as follows:
"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. The
mayor shall not appoint any person to the following positions
unless that person has the qualifications described in this
• section. The finance director shall have had a minimum of five
years of training and experience in budgeting or related fields,
at least three years of which shall have been in a responsible
supervisory capacity. The deputy finance director shall have had
a minimum of three years of training and experience in a
responsible financial position. The planning director shall have
had a minimum of five years' training and experience in a
responsible planning position or a degree in planning,
engineering, architecture, geography, or another planning-related
field and three years' experience in a responsible planning
position. The managing director shall have had a minimum of five
years' experience in an administrative capacity. The fire chief
shall have had a minimum of five years' training and experience
1034
• in fire control, including at least three years' experience in a
responsible administrative capacity. "
SECTION 2. New charter material is underscored.
SECTION 3. This amendment shall take effect upon its
approval by the voters.
•
•
-2-
1035
9£OT :
•
• eouaTaaaxa puE butuTEag ,saeaA ant; ;o tunuziuitu E pEq anEq 'Taus •
;atuo aaT; ally •ngtoEaeo antgeagstututpe UP uT aouaTaaaxe ,saeaA
eAT; ;o utnuttutut E pEq anEq 'Trus aogoaaTp buTbeusut ally •uotgTsod
buzuuETa eTgTsuoasea E uT aouataaaxe ,saeaA aaaug puE p'aT;
pageTaa-butuuETd aaugoue ao •Audeaboab •eangoagtuoae •butaaautbue
•buzuuETa uT aaabap E JO uotgtsoa buTuum'a e q suodsaaz
E uT aauaTaaaxe puE buTUTEag ,SIE3A 3AT; ;O UtnuttuTUI E pEq
anPu TTEgs aogoaatp buzuuETa ally •uotgtsoa TETouPUT3 a'gtsuodsea
E UT aoueTaaaxa pup buTUTEag ;o sassy eaaug ;o UlnUttuTUI E
peg anEq TTEgs aO;Oe Tp aouPUT; ngnaap ally •114'Tosdeo daostAaaans
e gtsuodsaa E uT uaaq anEq TTEus gotuM ;o saeaA, aaagg gsuei ge
'sp'at; pa4eTaa aO butgabpnq uT aouaTaaaxe puE bUTUTEag ;o saeaA
eAt; ;o UtnutTutu E pEq aAEq TTEus aogaaaTp a3UEuT; au •UOtgoaS 411
sTgg uT pagtaosep SuotgeoTmenb eqg seg uosaaa geug ssaTun
suotgtsOd butMo"Ho; aqg og uosaad Aum gutoddE you TTegs aoXeut
au •uotgtsod ao •eoT;;o stu ;o seT4np aqg utero;ied Og AgT'tge pue
aoueTaadxe Aq pat;TTenb A"n; sT pagutodde eq og uosaad aqg gEgg
uotgebtgseAut aedoad Aq pat;sages TTgun SMET aoTAaas TTATO aqg
otos; gduaxe sT goTgM uo p.Tsod ao eoT;;o Aue og uosaad Aug gutoddE
TTEgs Agtaougne butguTOdde oN °sgtwii;UToddv °E-ET UoT4OeSli
SMoTTo; se pees og
papuaute sT 'aegaeI3 A.UnOD TTebPH °£®E'. uOTgoaS •T Nompas
z nrmvx ao =moo aHI ao SWOSd xS (mot= xx aa
11911 maxamawy uaaaniao QdSOdOZId
e ti r
•
7
•
in fire control. including at least three years' experience in a
410 responsible administrative capacity. "
•
SECTION 2. New charter material is underscored.
SECTION 3. This amendment shall take effect upon its
approval by the voters.
•
•
• -2-
- 1037
• PROPOSED CHARTER AMENDMENT u7!'
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF. HAWAII: •
SECTION 1. Section 3-5, Hawaii County Charter, is amended
to read as follows:
',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.]
If the vacancy occurs less than sixty days before the next
regularly scheduled primary election, the person appointed shall
serve the entire unexpired term.
If the vacancy occurs more than two years before the end of
the term, and sixty days or more before the next regularly
• scheduled primary election, the council shall, through its clerk,
1038
• immediately issue an election proclamation announcing that
candidates shall be nominated to fill the unexpired term of the
office at a special primary election to be held at the same time
as the regularly scheduled primary election. and that the
successor shall be elected at a special general election, to be
held at the same time as the reaularly scheduled general
election. The proclamation shall also announce the date for the
close of filing of nomination papers for the office, which shall
be ten days after the issuance of the election proclamation, or
sixty days before the primary election, whichever comes later.
The election shall be held in accordance with the election laws
of the state insofar as otherwise applicable.
The person elected as the successor shall serve out the
111 unexpired term of the person he succeeds commencing at 12 o'clock
meridian on the first Monday of December following his election. "
SECTION 2. Section 5-1.5, Hawaii County Charter, is amended
to read as follows:
"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 and
county election] and seated.
If the vacancy occurs less than sixty days before the next
regularly scheduled primary election, the managing director shall
411 serve the entire unexpired term.
-2-
109
If the vacancy occurs more than two years before the end of
the term, and sixty days or more before the next regularly
scheduled primary election, the council shall, through its clerk,
immediately issue an election proclamation announcing that
candidates shall be nominated to fill the unexpired term of the
office at a special primary election to be held at the same time
as the regularly scheduled primary election, and that the
successor shall be elected at a special general election, to be
held at the same time as the regularly scheduled general
election. The proclamation shall also announce the date for the
close of filing of nomination papers for the office, which shall
be ten days after the issuance of the election proclamation, or
sixty days before the primary election, whichever comes later.
The election shall be held in accordance with the election laws
of the state insofar as otherwise 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 . Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 4. This amendment shall take effect upon its
approval by the voters.
-3-
1040
PROPOSED CHARTER AMENDMENT "8"
410
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
•
SECTION 1. Section 13-4 (d) , Hawaii County Charter, is
amended to read as follows:
"Section 13-4 (d) . No member whose term has expired shall
continue to serve on such board or commission[ . ] , except that if
the member's term expires less than one month after the
commencement of the term of a new mayor, the member shall hold
over for thirty days, or until a successor is appointed and
confirmed. whichever comes first. "
• SECTION 2. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3 . This amendment shall take effect upon its
approval by the voters.
•
1041
4
• PROPOSED CHARTER AMENDMENT "9"
BE IT ENACTED BY THE PEOPLE OF THE P HAWAII:
Section 1. Section 13-4, Hawaii County Charter, is amended
by adding a new subsection to be designated as Section 13-4 (1) :
"Section 13-4 (1) . The council shall act to confirm or
reject anv appointment made to a board or commission by the mayor
within forty-five days after receiving notice of the appointment
from the mayor. If the council does not confirm or reject anv
such appointment within forty-five days, the appointee shall be
deemed to have been confirmed. "
• SECTION 2. Section 13-8, Hawaii County Charter, is amended
to read as follows:
"Section 13-8. Term of Office of Department Heads. The
term 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] .
The council shall confirm or deny confirmation within sixty days
of the appointment of anv department head. If the council does
not act within sixty days, the department head shall be deemed to
be confirmed. The department head shall take office upon
appointment but shall not continue in office if the council
denies confirmation. "
1042
, _... .
..
411
SECTION 3 . Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 4. This amendment shall take effect upon its
approval by the voters.
111
1
1
III
1043
PROPOSED CHARTER AMENDMENT
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 3-11, Hawaii County Charter, is amended
by amending subsection 3-11(c) to read as follows:
" (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] at least
two daily newspapers 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. "
SECTION 2. Section 3-11, Hawaii County Charter, is amended
by amending subsection 3-11(h) to read as- follows:
" (h) After enactment, ordinances shall be published once in
[a] at least two daily newspapers of general circulation in the
county. Such publication shall be by title only and shall
specify the ayes and noes. "
SECTION 3 . Section 5-4.3 , Hawaii County Charter, is amended
411 by amending subsection 5-4. 3 (h) to read as follows:
1044
• " (h) Hold public hearings whenever necessary and in every
case prior to the granting of any rezoning request, variance,
special exception, or other related application. Notice of the
time and place of the hearing shall be published at least ten
days prior to such hearing in [a] at least two daily newspapers
of general circulation in the county. "
SECTION 4. Section 10-4, Hawaii County Charter, is amended
to read as follows:
"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] at least two
daily newspapers 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 5. Section 13-20, Hawaii County Charter, is amended
by amending subsection 13-20 (c) to read as follows:
" (c) The time and place of all regular meetings of the
council, board or commission 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
-2-
1045
•
• 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] at least two daily newspapers 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. "
SECTION 6. Section 15-3 , Hawaii County Charter, is amended
to read as follows: -
"Section 15-3. Mandatory Charter Review. The charter shall
-3-
1046
•
be reviewed in 1989 and every year ear 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 o eration 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 area 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] at least two daily
newspapers of general circulation within the county, a brief
digest of the amendments or charter and the purpose thereof and
an notice to the electorate that copies of the amendments or
charter are available at the office of the county clerk.
•
-4-
1047
411
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 effective
at the time fixed in the amendment or charter. "
SECTION 7. Charter material to be repealed is bracketed.
P
New charter material is underscored.
SECTION 8 . This amendment shall take effect upon its
approval by the voters.
•
4
-5-
1048
• PROPOSED CHARTER AMENDMENT 11 11"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 4-5, Hawaii County Charter, is amended
•
by amending subsection 4-5(a) to read as follows:
"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[ . ] , except for the
Positions of deputy director of finance and deputy managing
director, for which positions appropriations shall be made by the
council.
SECTION 2. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3. This amendment shall take effect upon its
approval by the voters.
•
1049
PROPOSED CHARTER AMENDMENT ""11'"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 4-5, Hawaii County Charter, is amended
by amending subsection 4®5(a) to read as follows:
uSection 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[ . ] , except for the
positions of deputy director of finance and deputy managing
director, for which positions appropriations shall be made by the
council.
SECTION 2. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3. This amendment shall take effect upon its
approval by the voters.
•
•
1050
TOT
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gou] 1a4ea.zb ao og Tena s.zagon paT;TTenb Aq paubTs eq TTegs
uemITounoo goTagsTp a go TTeoaa buTpuemap uoTgTgad y (q)
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oqM suosied go .zagmnu Tegog atm go guao.ted eAT;-Aguebg uetg [sse
gou] aaguaan ao. og Tenba s.zagon paT;TTenn Aq paubTs eq TTets
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egg og pessaappe eq TTegs s.zagon aqg og paggTmgns eq TeT°T33o
tons buTnoma.z go uoTgsenb aqg gegg buTpuemap uoTgTgad y
•eToTgae ST114 ggTM aouepz000e uT eq "[TRIM •
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:szoTTo3 se pea.z og pepueme ear '1agzeg0 Agunop TTemPH 'S°T
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ZIKM�iH ao =moo ao szaoaa RHs as assov a mi as
uZTu mammy uaZuiHO aasoaosa •
111
it
• registered to vote in the county on the day that the clerk begins
the examination to determine the sufficiency of the signatures on
the petition.
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 papers,
an 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
or mailing 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. Piling 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 officer sought to be removed. Within [twenty]
• thirty working days from the filing of such petition, the clerk
-2-
1052
III • shall determine [the sufficiency thereof] if the petition
contains sufficient signatures and [attach thereto] prepare 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 the supplemental signatures 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 workina days after such supplemental
petitions are filed, make a like examination 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 designed 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. " -
(remainder of chapter remains unchanged. )
SECTION -2. Charter material to be repealed is bracketed.
New charter material is underscored.
•
-3-
1053
• SECTION 3 . This amendment shall take effect upon its
approval by the voters.
•
•
•
•
-4-
1054
PROPOSED CHARTER AMENDMENT "13""
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII
SECTION 1. Section 13-4, Hawaii County Charter, is amended
. by amending subsection 13-4 (i) to read as follows:
" (i) The affirmative vote of a majority of the entire
membership to which a board or commission is entitled is entitled
shall be necessary to make any action [of a board or commission]
valid; [provided, ] except that in the case of [advisory] a board
or commission which has only advisory functions, the affirmative
vote of a majority of those present shall be sufficient to make
any action valid. "
•
SECTION 2. Section 13-4, Hawaii County Charter, is amended by
amending subsection (j ) to read as follows:
" (j ) Each board and commission shall have the 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( . ] , and which shall specify that a quorum shall
be a majority of the members to which the board or commission is
entitled. "
SECTION 3 . Section 3-8, Hawaii County Charter, is amended
to read as follows:
"Section 3-8. Meetings; Rules and Journal; Voting and
Quorum. The county council shall meet regularly at least twice
1055
A •
Aft
in every month at such times and places as shall be established
by rule of the council. The council shall determine its rules
and 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 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. Whenever the term "entire membership" appears in this
charter pertaining to council voting, it means the entire
• membership of nine members, even if there are vacancies. "
SECTION 4. Charter material to be repealed is bracketed.
New charter material is underscored. •
SECTION 5. This amendment shall take effect upon its
approval by the voters.
•
-2-
1056
i
1
PROPOSED CHARTER AMENDMENT "1114"
•
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. The Hawaii County Charter shall be amended to
change any language which contains a male or female gender term
to language that is neutral in gender.
SECTION 2 . This amendment shall take effect upon its
approval.
411
•
1057
[ }
••
PROPOSED CHARTER AMENDMENT ""15""
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 15-3, Hawaii County Charter, is amended
to read as follows:
',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[ , ] in the form as proposed by the
commission, 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.
1058
• The commision shall prepare the language of the question to be
submitted to the voters for each of the amendments it proposes.
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 effective
• at the time fixed in the amendment or charter. "
SECTION 2. Charter material to be repealed is bracketed.
New charter material is underscored.
SECTION 3. This amendment shall take effect upon its
approval by the voters.
-2-
1059
4
• PROPOSED CHARTER AMENDMENT ""16"
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
SECTION 1. Section 5-4.3, Hawaii County Charter, is amended to
read as follows:
"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, Kohalar 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
106n
c•
• 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) ] (e) Hear and determine appeals requesting variances or
other exceptions. from the 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) ],(f), Hold public hearings whenever necessary and in
every case prior to [the granting of] action on 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. "
SECTION 2. Section 7-1.2, Hawaii County Charter, is amended
to read as follows: -
-2-
1061
• "Section 7-l.2. Civil Service Commission. The civil
service commission shall consist of [seven] five 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] and the members shall all be in sympathy with and believe
in the principles of the merit system in public employment. "
SECTION 3. Section 10-14, Hawaii County Charter, is amended
to read as •follows:
"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, 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 specification for such
materials, supplies and equipment.
•
-3-
1062
• (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] $8, 000. 00; however, any purchases or contracts
involving sums between [$500.00] $1, 000. 00 and [$4, 000.00]
$8,000.00 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. "
r
-4-
1063
I
O'
SECTION 4. Section 13-7, Hawaii County Charter, is amended
to read as follows:
"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 5. Charter material to be repealed is bracketed.
New charter material is underscored.
411 , SECTION 6. This amendment shall take effect upon its
approval by the voters.
411
-5-
1064
l• [FINAL DRAFT OF CHARTER COMMISSION'S RECOMMENDED BALLOT LANGUAGE]
OFFICIAL BALLOT
PROPOSED AMENDMENTS
TO THE HAWAII COUNTY CHARTER
VOTE BOTH SIDES.
The Charter Amendment Ballot Pamphlet in
this voting booth contains a fuller
explanation of each proposal. The Ballot
Pamphlet is considered part of this
ballot. The full text of each proposal
is also available for inspection at your
polling place. If you wish to see it,
ask an election official.
•
If you favor the proposed change to the
County Charter, please vote "Yes. " If
you oppose the proposed change, please
vote "No. "
VOTE YOUR CHOICE
• ON EACH QUESTION BELOW.
Proposal 1: Should the county council be
changed to nine single-member districts
and the term reduced to two years?
Yes
No
Proposal 2: Should the procedures for
initiative and referendum be changed?
Yes
No
Proposal 3: Should the powers of the
police commission be changed and
expanded?
Yes
No
1065
ti r
Proposal 11: Should the charter require
a deputy managing director and a deputy
finance director?
Yes
No
Proposal 12: Should some procedures for
the recall of elected officials be
changed?
Yes
No
Proposal 13: Should the number of votes
required for official action by the
council and by boards and commissions be
clarified?
Yes
No
Proposal 14: Should the charter be
rewritten to be gender-neutral?
Yes
No
Proposal 15: Should the charter
commission prepare the ballot language
and ballot format for the amendments it
proposes?
Yes
No
Proposal 16: Should the charter be
amended to change sections that are
inconsistent with state law?
Yes
No
411
-3-
1067-
R ,
• [FINAL DRAFT: APPROVED AT 8/6/90 MEETING]
CHARTER AMENDMENT DIGEST
INTRODUCTION
The County Charter is the document which sets out the form
of your county government. A number of amendments have been
proposed to the County Charter. You may vote on these proposed
changes at the general election on November 7, 1990. If a
majority of voters vote in favor of the amendment, it will become
part of the County Charter.
At the voting booth, you will receive a charter amendment
ballot with sixteen different questions: Proposals "1"-"16. " If
you favor the proposed change to the County Charter, you should
vote "yes" on the proposal. If you do not favor the change, you
• should vote "no. "
The proposals are summarized below.
*****************************************************************
Proposal "1"
Ballot Proposal "1" would change the county council to
single-member districts, and reduce the council member's terms
from four years to two years.
At present, the county council consists of nine members.
Each of the nine council members is elected by the voters of the
entire county. Each voter may vote for all nine council members.
Six council members must live within specific geographical
districts, while three may live• anywhere in the county. The term
- of office is four years.
•
1068
• If Ballot Proposal "1" is passed, each member of the council
would be elected from a single-member district. There would be
nine districts and a total of nine council members. Each voter
would vote for only the one council member from his or her
district. The councilmember would be required to live in the
district. The term of office would be two years.
Ballot Proposal "1" would also create a reapportionment
commission that would establish the boundaries of the nine
districts in 1991 and adjust the boundaries every ten years.
Each district would contain about one-ninth of the total
population of the county. •
If Ballot Proposal "1" is passed, the 1992 county council
would be the first to be elected from the new single-member
• districts.
(Amends Charter Sections 3-2 and 3-
3, and adds a new Section 3-18)
*****************************************************************
Proposal. "2"
Initiative and referendum give the voters the power to enact
or to repeal county laws, which are called ordinances, by their
direct. vote. Proposal "2" would change some of the procedures
used for initiative and referendum petitions.
If Proposal "2" is passed, there would be a deadline to
submit initiative and referendum petitions: May 1 preceding the
next general election for initiative petitions (which propose
ordinances) , and June 1 for referendum petitions (which ask for
the repeal of ordinances. ) Signatures on a petition would be
•
-2-
1(k9
valid if obtained within two years of the deadline for submitting
the petition. -Signatures would be, valid if the signer was a
registered voter at the time the petition was submitted to the
county clerk. If someone wished to withdraw a signature, the
request would have to be notarized. The clerk would be given
additional time to verify the number of signatures.- A petition
would have to contain signatures equal to 15% of the number of
people who voted in the last general election, instead of 15% who
had voted for the office of mayor at the last election. Petition
signers could use a mailing address. There would be a deadline
for the petitioners' committee to withdraw a petition. The
ballot would have to state the issue in plain language.
(Amends Charter Sections 11-3, 11-
4, 11-5, 11-6, 11-7, and 11-8)
*****************************************************************
Proposal "3"
Proposal "3" would expand and change the powers of the
police commission, and create a procedural requirement for the
removal of the police chief.
The police commission is the body that appoints and removes
the chief of police. If Proposal "3" is passed, the police
commission would be given additional powers: to consider and
investigate charges of police misconduct and make a finding to
the chief of police about whether there had been misconduct; to
advise the chief of police on police-community relations; to
review the budget of the police department; and to hire necessary
staff.
-3-
1070
111 Proposal "3" also sets minimum qualifications for the chief
of police: five years of training and experience in law
enforcement, including three years of administration.
Under Proposal "3, " if the police commission wanted to
remove the chief of police, the chief would have to be given a
statement of reasons and an opportunity to respond at a hearing
before the police commission. The decision to remove the chief
of police would remain within the sole discretion of the police
commission.
(Amends Charter Article VII,
Chapter
p 2)
***********************;*****************************************
Proposal "4l"
Proposal "4" would change some of the county's financial and
budgeting procedures.
If Proposal "4" is passed, the mayor could submit proposed
operating and capital budgets to the county council by March 1
instead of the present deadline, May 1. The mayor could submit
amendments to the budgets to the council within ten days of the
close of the legislative session, but no later than May 5. The
mayor would be required to explain and justify changes made in
the amendments to the budgets.
The public hearing on the budgets could be held after the
March 1 submittal by the mayor.
The mayor would be given ten calendar days to veto all or
part of the operating budget as passed by the council, instead of
-4-
1071.
the ten working days given for a mayoral veto of other
ordinances.
During the fiscal year, the mayor would be required to
notify the council of any transfer of funds within an agency or
executive agency.
(Amends Charter Sections 10-2,. 10-
3, 10-4, 10-5, 10-6, and 10-9)
*****************************************************************
Proposal "5"
Proposal "5" would expand the powers of the salary
commission.
At present, the salary commission sets the salaries of
• members of the county council. The salary commission is
appointed by the mayor, without council approval. The county
council sets the salaries of the mayor and the prosecuting
attorney.
If Proposal "5" is passed, the salary commission would set
the salaries of the mayor and the prosecuting attorney in
addition to the salaries of the council. The salary commission
would be appointed by the mayor, with confirmation by the
council.
(Amends Section 3-4 and repeals
Sections 5-1.3 and 9-3 . ) .
*****************************************************************
•
-5-
1072
111 Proposal "6"
Proposal "6" would set minimum qualifications of five years
of training and experience for the county finance director,
managing director, and fire chief, and three years of training
and experience for the deputy finance director. Proposal "6"
would also set a minimum qualification for the planning director
of five years training and experience, or a degree in a planning-
related field and three years of training and experience.
(Amends Section 13-3)
*****************************************.***********************
Proposal "71e
Proposal "7" would clarify the procedures to fill vacancies
in the county council or in the office of mayor.
• If the vacancy occurred sixty days or more before the next
regularly scheduled primary election, the deadline for filing as
a candidate to fill the vacancy would be ten days after the
vacancy occurred, or sixty days before the primary, whichever
came later.
If the vacancy occurred less than sixty days before the
primary, the person appointed to fill the council vacancy in the
interim would serve the entire unexpired term. In the case of
the mayor's office, the managing director would serve the entire
unexpired term.
(Amends Sections 3-5 and 5-1.5)
****************************************************************
• -6-
1073
•
410 Proposal X08"
Proposal "8" would allow a member of a board or commission
to remain on the board or commission for a maximum of
thirty days
s
if a new mayor took office less than thirty days before the
member's term would otherwise expire.
(Amends Section 13-4 (d) )
****************************************************************
Proposal "9"
Proposal "9" would require the council to act to confirm or
deny the mayor's appointment of a person to any board or
commission within forty-five days, and to confirm or deny the
mayor's appointment of a department head within sixty days. If
the council did not act within the time period, the person would
11/ be deemed to be confirmed.
Proposal "9" also specifies that the department heads take
office upon appointment.
(Adds a new -subsection 13-4 (1) and
amends Section 13-8)
****************************************************************
Proposal "10"
If Proposal "10" is passed, all legal notices which the
charter now requires to be published in one newspaper of general
circulation in the county would have to be published in at least
two newspapers of general circulation in the county.
• (Amends Sections 3-11(c) , 3-11(h) ,
10-4, and 13-20 (c) )
****************************************************************
-7-
1074
•
• A quorum for a board or commission would be a majority of the
members to which it is entitled. •
For the council, the charter presently requires a majority
vote of the entire membership for most official actions, with a
one-third or two-thirds vote required for certain kinds of
actions. Proposal "13" would make it clear that a majority is
always five votes, one-third is always three votes, and two-
thirds is always six votes, even if there are vacant positions on
the council.
(Amends Sections 13-4 (i) , 13-4 (j ) ,
and 3-8)
****************************************************************
Proposal "141"
Proposal "14" would require that the charter be revised so
110 that language which contained a male or female gender term (such
as referring to the mayor as "he") be rewritten so that the
language did not refer to a specific gender.
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Proposal "151"
Proposal "15" would specifically authorize the charter
commission to prepare the ballot language and ballot format for
the amendments to the charter which the charter commission`
proposes.
(Amends Section 15-3)
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Proposal "16"
1104f
Proposal "16" would amend several sections of the charter
which are inconsistent with state laws covering the same subject.
If Proposal "16" is passed:
-References to certain powers of the planning commission
would .be deleted. The planning commission does not exercise
those powers at present because they are inconsistent with state
law. -
-The charter would state that the civil service commission
should have five members, as provided in state law, instead of
seven.
-The maximum limit for non-advertised contracts would be
raised from $4, 000 to $8,000 to conform to state law, and
1110 purchases between $1,000 and $8,000, rather than between $500 and
$4,000, would require competitive bidding.
-The charter would give the mayor the power to. approve rules
and regulations of agencies, as provided in state law, rather
than the mayor and the council.
(Amends Sections 5-4.3, 7-1.2,
10-14, and 13-7)
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