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Hawaii County Charter Commission -2- January 16, 1979 <br /> This decision is crucial• to the success of the Charter Commission and <br /> should be read and studied by all of the Charter Commission members. <br /> 5. Item No. 5 is a table of organization and a functional chart of <br /> the department. <br /> Recommendations <br /> We recommend that Article VII Executive Branch - Departments or Agencies <br /> Under Commissions Chapter 1 be amended to read as follows: <br /> "Department artment of Civil Service <br /> "Section 7-1.1. Organization. There shall be a department of civil <br /> service which shall include a personnel director, commission and staff. <br /> "Section 7-1.2. Powers, Duties and Functions. The department and <br /> commission shall be established and function according to statute. <br /> "Section 7-1.3. Director's Salary. The position of personnel director <br /> shall be assigned by the commission to its appropriate place in the <br /> salary schedule. " <br /> Rationale <br /> 1. The title of the department is changed from "Department of Personnel <br /> Services" to "Department of Civil Service" in order to conform with Chapter <br /> 76-71, HRS, which states, "There shall be a department of civil service for <br /> each of the counties of Hawaii . . . " <br /> Sections7-1.1 and 2 conform to the HGEA v.Maui County case in which <br /> it is clearly stated that "It was not the intent of Article VII, Section 2 <br /> (State Constitution) to grant to the political subdivisions authority to <br /> adopt charter provisions on civil service which would conflict with statutes" <br /> (p. 2). <br /> While charter provisions with respect to structure and organization are <br /> superior to statutory provisions, subject to provisions of general law, the <br /> preceding recommendations would remove any possibility of conflict and <br />