HomeMy WebLinkAboutCHC 1980 FINAL FULL TEXT PROPOSAL AMENDMENTSPAGE 1
PAGE 2
PAGE 3
HAWAII COUNTY CHARTER AMENDMENTS
PREAMBLE
ARTICLE I INCORPORATION ANI) GEOGRAPHICAL LIMITS
Section l-1 Incorporation
Section l- 2 Geographical Limits
ARTICLE II POWERS OF TEE COUNTY
Section 2-1 - Powers of the County
Section 2-2 - Exercise of Powers
ARTICLE III LEGISLATIVE BRANCH - COUNTY COUI&IL
Section 3-1 - Powers and Functions
Section 3-2 - Composition and Terms
PAGE 3 Section 3-3 - Reapportionment & Reapportionment
PAGE 4 Section 3-4 - Qualifications section 3
Section 3-5-- Compensation;Salary Commission 3
Section 3-6 - Vacancy in Office 3
Section 3-7 - Removal of Councilmen 3
Section 3-8 - Organization of the Council;
Officers; Employees.
Section 3-9 - Meetings; Rules and Journal;
Voting and Quorum
Actions of the council
Resolutions
Ordinances
Emergency Ordinances
Submission of Bills to
the Mayor
Adoption of Pay Plan
County Code
General Plan
Mandatory program Review (NEW)
PAGE 5
PAGE 6
PAGE .7.'
PAGE 8
PAGE 9
PAGE 10
PAGED_
PAGE 12
PAGE 13
PAGE 14
PAGE 15
PAGE 16
Section
Section
Section
Section
Section
Section
Section
Section
Section
3 -10-
3 -11-
3 -12-
3 -13-
3 -14-
3 -15-
3 -16-
3 -17-
3 -18 -
no change
no change
no change
no dhange
no change
w/ changes
Years new sec.
-3 to 3-4 w/changes
-4 to 3-5 w/changes
-5 to 3--6 no change
-6 to 3-7 no change
3-7 to 3-8
w/changes
3-8 to 3-9 w/changes
3-9 to 3-10 no chan ge
3-10 to 3-11 no change
3-11 to 3-12 no change
3-12 to 3-13 w/changes
3-13 to 3-14 no change
3-14 to 3-15 no change
3-15 to 3-16 w/chan.ges
3-16 to 3-17 w/changes
ARTICLE IV EXECUTIVE BRANCH GENERAL PROVISITIONS
Section 4-1 - Executive Power
4-2 - Organization
4-3 - Appointmoa t by Mayor
4-4 - Powers and Duties of Agency Heads
ARTICLE V EXECUTIVE
CHAPTER
Section 5-1,1.
5-1.2.
5-1.3.
5-1.4.
5-1.5.
5-106.
5-1.7.
•
CHAPTER
5-2.1.
5-2.2.
5-2473.
5-2.4.
5-2.5.
5-2.6.
CHAPTER
5-3.1.
5-3.20
5-3.3.
5-3.4.
CHAPTER
5-4.1.
5-4.2.
5-4.3
BRANCH THE MAYOR AND STAFF AGENCIES
1 MAYOR
Election and Term of Office
Qualifications
Compensation
Powers, Duties and Functions
Vacancy in Office
Temporary Absence or Disability
Removal of Mayor
2 CORPORATION COUNSEL
Organization
Appointment and Removal
Powers, Duties and Functions
Assistant Corporation' Counsel
Special Counsel
Term of Office
3 DEPARTMENT OF FINANCE
Organization
Appointment and Removal
Powers, Duties .and Functions
Pension Board
4 PLANNING DEPARTMENT
Organization
Planning Director
Planning Commission
no/changes
no/changes
no/changes
mo/changes
no/changes
w/changes
no/changes
no/changes
no/changes
no/changes
w/changes
no/changes
w/change s
w/chan gcs
no/changes
no/changes
NEW SECTION
•
no/changes
w/than ges
w,/changes
w/changes
w/changes
w/changes
w/changes
PAGE 18 CHAPTER 5 DEPT OF RESEARCH AND DEVELOPMENT
PAGE 19
PAGE 20
PAGE 21
PAGE 22
PAGE 23
PAGE 24
Section 5-5.1. Organization
5-5.2. Director
5-5.'3. Powers, Duties and Functions
CHAPTER 6 DEPT ('F WATER SUPPLY
Section 5-6.1. Organization
5-6.2. Director
5-6.3. Powers, Duties and Functions
5-6.4. Board of I•rater Supply
5-6.5. Revenues
CHAPTER 7 MISCELLANEOUS
Section 5-7.1, Clerical Pool
5-7.2. Safety Coordinator
5-7.3. Board of Appeals
change
no/changes
w/changes
no/changes
NEW
NEW
NEW
NEW
NEW
section 5.6.1. to 5.7.1
°' 5.6.2 to 5.7.2
NEW
ARTICLE VI EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES UNDER THE MANAGING DIRECTOR
CHAPTER 1 MANAGING DIRECTOR
Section 6-1.1. Organization
6-1.2. Appointment
6-1•.3. Powers, Duties and Functions
CHAPTER 2 DEPT OF PUBLIC WORKS
Section 6-2.1: Organization
6-2.2. Chief Engineer
6-2.3. Poi -vers, Duties andFunctions
CHAPTER 3 DEPT OF PARKS AND RECREATION
Section 6-3.1. Organization
6-3.2. Director
6-3.3, Powers, Duties and Functions
6-3.4. County Bands
CHAPTER 4 FIRE DEPT
Section 6-4.1 Organization
6-4.2. Fire Chief
6-4.3. Powers, Duties and Functions
PAGE 25 ARTICLE VII EXECUTIVE BRANCH - DEPARTMENTS OR AGENCIES
UNDER COMMISSIONS
CHAPTER 1 DEPT OF CIVIL SERVICE
Section 7-1.1.Organization
7-1.2.Civil-Service Commission
7=-1.3.Powers, Duties and Functions
PAGE 26
PAGE 27
CHAPTER 2 POLICE DEPT
Section 7-2.1. Organization
7-2.2. Police Commission
7-2.3. Department Rules
7-2.4. Chie of Police and Deputy
7-2.5. Powers, Duties and Functions
7-2.6. Dismissal, Suspension,
Demotion or Grievance.
7-2.7. Administrative Supervision
CHAPTER 3 DEPT OF LIQUOR C ONROL
Section 7-3.1. Organization
7-3.2. Liquor Commission
7-3.3. Liquor Control Adjudication Board
7-3.4. Director of the Dept of Liquor Control
7-3.5. Adminstrative Supervision
no/changes
no/changes
no/chaages
no/changes
w/changes
w/changes
no/changes
w/changes
w/char ges
no/changes
no/changes
r/Chari g es
w/changes
t/changes
w/changes
w/changes
w/changes
no/changes
w/change s
no/changes
no/changes
w/changes
no/changes
no/changes
no/changes
w/changes
no/changes
no/changes
no/changes
PAGE 28
PAGE 29
PAGE 30
PAGE'31
PAGE 32
PAGE 33
PAGE 34
ARTICLE VIII PROCECUTING ATTORNEY
Section 8-1 Election and Term of Office
Section 8-2 Qualification
Section 8-3 Compensation
Section 8-4 Powers, Duties and. Functions
Section 8-5 Staff
Section 8-6 Vacancy in Office
sections from
11 11
11
11
18
11
Section 8-7 Removal of Prosecuting Attorney "
11
1,
11
11
11
ARTICLE IX FINANCIAL PROCEDURES
Section 9-1 Fiscal Year sections from
9-2 Preparation 7 Submisshion of
Budget and Capital Program
9-3 Scope of Operaiting Budget;
Operating Program; Mayor's
Message
9-4 Operating Budget and Capital
Budget; Notice and Hearing
9-5 Operating Budget: Council Action "
9-6 Capital Budget and Capital Program;
Scope; Council Action
9-7 Budgets; Public Recored
9-8 Appropriations: Supplmental and
Emergency
9-9 Appropriations: Reduction and Transfer
9-10 Lapse Appropriations
PAGE 34 & 35
11
11
11
9-11 Payments and Obligations Prohibited
9-12 Special Funds
9-13 Post -Audit
9-14 Centralized Purchasing
PAGE 36 ARTICLE X INITIATIVE AND REFERENDUM
Section 10-1 Powers of Initiative and Referendum
10-2 Limitations to Powers
10-3 Submission Requirements
10-4 Petitioner's Committee
10-5 Initiative and Referendum Petitions;
Forms and Sufficiency
PAGE 37
PAGE 38
10-6 Initiative and Referendum: Procedure
after Filing
10-7 County Council Action on Petitions
10-8 Withdrawal of Petitions
10-9 Results of Election
PAGE 39 ARTICLE XI REMOVAL OF ELECTED OFFICERS
CHAPTER 1 RECALL
Section 11.1.1.Recall Procedure
11.1.2.Petitions
PAGE 40
Signatures
Filing and Cerfification
Supplemental Petitions
Recall Election
Ballots
Succeeding Officer
Immunity to Recal
PAGE 41 CHAPTER 2 IMPEACUMENT
Section 11.2.1 Imeachment of Elected Officers
9-1 to 8-1
9-2 to 8-2
w/changes
9-3 to 8-3
9-4 to 8-4
w/changes
9-5 to 8-5
9-6 to 8-6
w/changes
9-7 to 8-7
w/changes
10-1 to 9-1
" 10-2 to 9-2
11
11
it
11
'1
11
11
11
11
11
11
11
11
11
11
11
10-3 to 9-3
10-4 to 9-4
10-5 to 9-5
10-6 to 9-6
10-7 to 9-7
10-8 to 9-8
10-9 to 9-9
10-10 to 9-10
w/Changes
10-11 to 9-11
w/changes
10-12 to 9-12
10-13 to 9-13
NEW SECTION
11-1 to 10-1
11-2 to 10-2
11-3 to 10-3
11-4 to 10-4
11-5 to 10-5
w/changes
11-6 to 10-6
11-7 to 10-7
11-8 to 10-8
11-9 to 10-9
NEW
NEW
NEW
NEW
NEW
NEW
NEW
NEW
N1
• NEW
ARTICLE XII GENERAL PROVISIONS
PAGE 42 Section 12-1 Definitions
PAGE 43
PAGE 44
PAGE 45
PAGE 46
PAGE 47
change
12-2 Titles; Subtitles, Personal
Pronouns; Construction
12-3 Appointments
12-4 Boards and Commissions
12-5 Oaths of Office
12-6 Bonding Officers
12-7 Rules and Regulations
12-8 Term of Office of Dept Heads
12-9 Non Civil Service Status and
Classification
12-10 Prohibitions
12-11
12-12
12-13
12-14
12-15
12-16
12-17
12-18
12-19
12-20
12-21
12-22
12-23
12-24
section
Penalties
Acceptance of Gifts or Donations
Contracts
Facsimile Signatures
Title to Property
Payment of Moneys Out of the
County Treasury
Expenses
Claims
Annual Reports
Records and Meetings Open to the
Public
Cooperation with Other Agencies
Coodinati on of Work
_Declaration of Emergencies
Waiver of Charter Provisions
12-25 Separability
12-26 Public Defender
12-27 County Election
PAGE 48 ARTICLE XIII CODE OF ETHICS
Section 13-1 Enactment
13-2 Standards
13-3 Disclosure of Interest
13-4 Conduct of Employees
PAGE 49 13-5 Board of Ethics
13-6 Penalties
13-1 to 12-1
w/changes
13-2 to 12-2
13-3 to 12-3
13-4 to 12-4
w/changes
13-5 to 12-5
13-6 to 12-6
13-7 to 12-7
13-8 to 12-8
13-9 to 12-9
13-10 to 12-10
w/changes
13-11 to 12-11
13-12 to 12-12
13-13 to 12-13
13-14 to 12-14
13-15 to 12-15
13-16 to
13-17 to
13-18 to
13-19 to
12-16
12-17
12-18
12-19
13-20 to 12-20
13-21 to 12-21
13-22 to 12-22
13-23 to 12-23
13-24 to 12-24
w/changes
13-25 to 12-25
13-26 to 12-26
13-27 to 12-27
w/changes
14-1 to 13-1
w/changes
14-2to'13-2
14-3 to 13-3
14-4 to 13-4
14-5 to 13-5
14-6 to 13-6
PAGE 50 ARTICLE XIV CHARTER AMENDMENT OR REVISION
Section 14-1 Initiation of Amendments or Revision 15-1 to
14-2 Elections to be Called 15-2 to
14-3 Mandatory Charter Reviews 15-3 to
PAGE 52
ARTICLE XV
Section
TRANSITIONAL PROVISIONS
15-1 Schedule
15-2 Initial Election Under the Charter
15-3 Existing Laws and Conflicting Laws
15-4 Status of Agencies and Transfer of
15-5
15-6
15-7
15-8
15-9
15-10
Functions.
Transfer of Records and Property
Status of Present Employees
Dept Heads Continued in Office
Pending Proceedings
Lawful Obligations of the County
Hawaii Redevelopment Agency
16-1 to
16-2 to
16-3 to
16-4 to
16-5 to
16-6 to
16-7 to
16-8 to
16-9 to
16-10 to
14-1 w/changes
14-2
14-3 w/changes
15-1 w/changes
15-2 w/changes
15-3 w/changes
15-4 w/changes
15-5
15-6
15-7 w/changes
15-8
15-9
15-10
ARTICLE I:
Sec. 1-1.
Sec. 1-2.
ARTICLE II:
Sec. 2-1.
Sec. 2-2.
ARTICLE III:
Sec. 3-1.
Sec. 3-2.
Sec. 3-3.
Sec. 3-4.
Sec. 3-5.
Sec. 3-6.
Sec. 3-7.
Sec. 3-8.
Sec. 3-9.
Sec. 3-10.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3=11.
3-12.
3-13.
3-14.
3-15.
3-16.
3-17.
3-18.
ARTICLE IV:
Sec. 4-1.
Sec. 4-2.
Sec. 4-3.
Sec. 4-4.
Sec. 4-5.
ARTICLE V:
CHAPTER 1:
Sec. 5-1.1.
Sec. 5-1.2.
Sec. 5-1.3.
Sec. 5-1.4.
Sec. 5-1.5.
Sec. 5-1.6.
Sec. 5-1.7.
CHAPTER 2:
Sec. 5-2.1.
Sec. 5-2.2.
Sec. 5-2.3.
Sec. 5-2.4.
Sec. 5-2.5.
Sec. 5-2.6.
CHAPTER 3:
Sec. 5-3.1.
Sec. 5-3.2.
Sec. 5-3.3.
Sec. 5-3.4.
CHAPTER 4:
Sec. 5-4.1.
Sec. 5-4.2.
Sec. 5-4.3.
CHAPTER 5:
Sec. 5-5.1.
Sec. 5-5.2.
Sec. 5-5.3.
3 (89 ) 79 •
INCORPORATION AND GEOGRAPHICAL LIMITS
Incorporation
Geographical Limits
POWERS OF THE COUNTY
Powers of the County
Exercise of Powers
LEGISLATIVE BRANCH - COUNTY COUNCIL
Powers and Functions
Composition, and Terms
Reapportionment and Reapportionment Years
Qualifications
Compensation, Salary Commission
Vacancy in Office
Removal of Councilmen
Organization of the Council; Officers; Employees
Meetings; Rules and Journal; Voting and Quorum
Actions of the Council
Resolutions
Ordinances
Emergency Ordinances
Submission of Bills to the Mayor
Adoption of Pay Plan
County Code
General Plan
Mandatory Program Review
EXECUTIVE BRANCH - GENERAL PROVISIONS
Executive Power
Organization
Appointment by Mayor
Advisory Commissions
Powers and Duties of Agency Heads
EXECUTIVE BRANCH - THE MAYOR AND STAFF AGENCIES
MAYOR
Election and Term of Office
Qualifications
Compensation
Powers, Duties and Functions
Vacancy in Office
Temporary Absence or Disability
Removal of Mayor
CORPORATION COUNSEL
Organization
Appointment and Removal
Powers, Duties and Functions
Assistant Corporation Counsel
Special Counsel
Term of Office
DEPARTMENT OF FINANCE
Organization
Appointment and Removal
Powers, Duties and Functions
Pension Board
PLANNING DEPARTMENT
Organization
Planning Director
Planning Commission
DEPARTMENT OF RESEARCH AND DEVELOPMENT
Organization
Director
Powers, Duties and Functions
CHAPTER 6:
Sec. 5-6.1.
Sec. 5-6.2.
Sec. 5-6.3.
Sec. 5-6.4.
Sec. 5-6.5.
CHAPTER 7.:
Sec. 5-7.1.
Sec. 5-7.2.
Sec. 5-7.3.
ARTICLE VI:
CHAPTER 1:
Sec. 6-1.1..
Sec. 6-1.2.
Sec. 6-1.3.
CHAPTER 2:
Sec. 6-2.1.
Sec. 6-2.2.
Sec. 6-2.3.
CHAPTER 3:
Sec. 6-3.1.
Sec. 6-3.2.
Sec. 6-3.3.
Sec. 6-3.4.
CHAPTER 4:
Sec. 6-4.1.
Sec. 6-4.2.
Sec. 6-4.3.
ARTICLE VII:
CHAPTER 1:
Sec. 7-1.1.
Sec. 7-1.2.
Sec. 7-1.3.
Sec. 7-1.4.
Sec. 7-1.5.
Sec. 7-1.6.
CHAPTER 2:
Sec. 7-2.1.
Sec. 7-2.2.
Sec. 7-2.3.
Sec. 7-2.4.
Sec. 7-2.5.
Sec. 7-2.6.
Sec. 7-2.7.
CHAPTER 3:
Sec. 7-3.1.
Sec. 7-3.2.
Sec. 7-3.3.
Sec'. 7-3.4.
Sec. 7-3.5.
ARTICLE VIII:
Sec. 8-1.
Sec. 8-2.
Sec. 8-3.
Sec. 8-4.
Sec. 8-5.
Sec. 8-6.
Sec. 8-7.
DEPARTMENT OF WATER SUPPLY
Organization
Director
Powers, Duties and Functions
Board of Water Supply
Revenues
MISCELLANEOUS
Clerical Pool
Safety Coordinator
Board of Appeals
EXECUTIVE BRANCH - THE MANAGING DIRECTOR AND
AGENCIES UNDER THE MANAGING DIRECTOR
MANAGING DIRECTOR
Organization
Appointment
Powers, Duties and Functions
DEPARTMENT OF PUBLIC WORKS
Organization
Chief .Engineer
Powers, Duties and Functions
DEPARTMENT OF PARKS AND RECREATION
Organization
Director
Powers, Duties and Functions
County Bands
FIRE DEPARTMENT
Organization
Fire Chief
Powers, Duties and Functions
EXECUTIVE BRANCH - DEPARTMENTS OR AGENCIES
UNDER COMMISSIONS
DEPARTMENT OF CIVIL SERVICE
Organization
Civil Service Commission
Director
Powers, Duties and Functions
Position Classification Plan; Compensation
Administrative Supervision
POLICE DEPARTMENT
Organization
Police Commission
Department Rules
Chief of Police and Deputy
Powers, Duties and Functions
Dismissal, Suspension, Demotion or Grievance
Administrative Supervision
DEPARTMENT OF LIQUOR CONTROL
Organization
Liquor Commission
Liquor Control Adjudication Board
Director of the Department of Liquor Control
Administrative Supervision
PROSECUTING ATTORNEY
Election and Term of Office
Qualification
Compensation
Powers, Duties and Functions
Staff
Vacancy in Office
Removal of Prosecuting Attorney
ARTICLE IX:
Sec.
Sec.
9-1.
9-2.
Sec. 9-3.
Sec. 9-4.
Sec. 9-5.
Sec. 9--6.
Sec.
Sec.
Sec.
Sec.
Sec.
9-7.
9-8.
9-9.
9-10.
9-11.
Sec. -9-12.
Sec. 9-13.
Sec. 9-14.
ARTICLE X:
Sec. 10-1.
Sec. 10-2.
Sec. 10-3.
Sec. 10-4.
Sec. 10-5.
Sec. 10-6.
Sec. 10-7.
Sec. 10-8.
Sec. 10-9.
ARTICLE XI:
CHAPTER 1:
Sec. 11-1.1.
Sec. 11-1.2.
Sec. 11-1.3.
Sec. 11-1.4.
Sec. 11-1.5.
Sec. 11-1.6.
Sec. 11-1.7.
Sec. 11-1.8.
Sec. 11-1.9.
CHAPTER 2:
Sec. 11-2.1.
FINANCIAL PROCEDURES
Fiscal Year
Preparation and Submission of Budget and
Capital Program
Scope of Operating Budget; Operating
Program; Mayor's Message
Operating Budget and Capital Budget;
Notice and Hearing
Operating Budget: Council Action
Capital Budget and Capital Program:
Scope; Council Action
Budgets; Public Records
Appropriations: Supplemental and Emergency
Appropriations: Reductions and Transfer
Lapse of Appropriations
Payments and Obligations Prohibited:
Verifications; Penalties
Special Funds
Post -audit
Centralized Purchasing
INITIATIVE AND REFERENDUM
The Powers of Initiative and Referendum
Limitations to Powers
Submission Requirements
Petitioner's Committee
Initiative and Referendum Petitions; Forms
and Sufficiency
Initiative and Referendum: Procedures after
Filing
County Council Action on Petitions
Withdrawal of Petitions.
Results of Election
REMOVAL OF ELECTED OFFICERS
RECALL
Recall Procedure
Petitions
Signatures
Filing and Certification
Supplemental Petitions
Recall Election
Ballots
Succeeding Officer
Immunity to Recall
IMPEACHMENT
Impeachment of Elected Officers
ARTICLE XII: GENERAL PROVISIONS
Sec. 12-1. Definitions
Sec. 12-2. Titles, Subtitles, Personal Pronouns;
Construction
Appointments
Boards and Commissions
Oaths of Office
Bonding Officers
Rules and Regulations
Term of Office of Department Heads
Non -Civil Service Status and Classification
Prohibitions
Penalties
Acceptance of Gifts or Donations
Contracts
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12-3.
12-4.
12-5.
12-6.
12-7.
12-8.
12-9.
12-10.
12-11.
12-12.
12-13.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12-14.
12-15.
12-16.
12-17.
12-18.
12-19.
12-20.
12-21.
12-22.
12-23.
12-24.
12-25.
12-26.
12-27.
ARTICLE XIII:
Sec. 13-1.
Sec. 13-2.
Sec. 13-3.
Sec. 13-4.
Sec. 13-5.
Sec. 13-6.
ARTICLE XIV:
Sec. 14-1.
Sec. 14-2.
Sec. 14-3.
ARTICLE
Sec.
Sec..
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
XV::
15-1.
15-2.
15-3.
15-4.
15-5.
15-6.
15-7.
15-8.
15-9.
15-10.
Facsimile Signatures
Title to Property
Payment of Moneys Out of the County Treasury
Expenses
Claims
Annual Reports
Records and Meetings Open to the Public
Cooperation with Other Agencies
Coordination of Work
Declaration of Emergencies
Waiver of Charter Provisions
Separability
Public Defender
County Election
CODE OF ETHICS
Enactment
Standards
Disclosure of Interest
Conduct of Employees
Board of Ethics
Penalties
CHARTER AMENDMENT OR REVISION
Initiation of Amendments or Revisions
Elections to be Called
Mandatory Charter Reviews
TRANSITIONAL PROVISIONS
Schedule
Initial Election Under the Charter
Existing Laws and Conflicting Laws
Status of Agencies and Transfer of Functions
Transfer of Records and .Property
Status of Present Employees
Department Head Continued in Office
Pending Proceedings
Lawful Obligations of the County
Hawaii Redevelopment Agency
PREAMBLE
WE, THE PEOPLE OF THE COUNTY OF HAWAII, in the State of Hawaii,
with due respect for and in support of the laws of the land, do
.adopt this CHARTER OF THE COUNTY OF HAWAII, STATE OF HAWAII.
ARTICLE I'
INCORPORATION AND GEOGRAPHICAL LIMITS
Section 1-1. Incorporation. The people of the county of
Hawaii shall be and continue asabody politic and corporate
by the name of "County of Hawaii,�� hereinafter in this charter
called "county." By that name it shall have perpetual succession.
Section 1-2. Geographical Limits. The island of Hawaii and
all other islands within the shores thereof and the waters
adjacent thereto shall be the county of Hawaii.
ARTICLE II
POWERS OF THE COUNTY
Section 2-1. Powers of the County. The county shall have all
powers possible under the constitution and laws of the State of
Hawaii, including all powers now or hereafter given by such
.constitution or laws, and all._ other powers not prohibited by
such constitution or by this charter. The county shall have
such powers as fully and completely as though specifically
enumerated in this charter, and no enumeration of powers in
this charter shall be deemed exclusive or restrictive.
Section 2-2. Exercise of Powers. All powers of the county
shall be carried into execution as provided by this charter or,
if the charter makes no provision, by ordinance. or resolution
of the county council.
ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL
Section 3-1. Powers and. Functions. The legislative powers of
the county shall be vested in the county council. Its primary
function shall be legislation and public policy formulation, as
distinct and separate from the executive administration of
county government.
Section 3-2. Composition and Terms. There shall be a county
council composed of [nine] seven members [who, shall be elected
at -large for terms of four years]. -Five councilmen shall be
elected by the qualified voters of the respective districts as
hereinafter described, and two councilmen shall be elected at -
large. *The terms of at -large councilmen shall be four years and
the terms of district councilmen shall be two years. The terms
[of councilmen] shall begin at twelve o'clock meridian on the
first Monday of December after their election. [Of the nine
members elected to the county council, one *shall be a resident
of the district of Puna, one a resident of the district of Ka'u,
one a resident of the combined districts of North and South
Kona, one a resident of the combined districts of North and South
Kohala, one a resident of the district of Hamakua and one a
resident of the combined districts of North and South Hilo.]
Until the county reapportionment commission, as created hereunder,
acts, the district councilmen shall be elected as follows: one
councilman from the First State Representative District; two
councilmen from the Second State Representative District; one
councilman from the Third State Representative District; and one
councilman from the Fourth.,State Representative District.
Changes
hap todistrict lines or boundaries shall be the excl?i-
any
sive province of the county reapportionment commission as
provided in this charter, and the said district boundaries
shall remain in effect until the county reapportionment
commission realigns the said districts where necessary according.
to the criteria set forth in Section 3-3. The person charged
with the duty of conducting elections in the county shall prepare
the nomination papers in such a manner that candidates desiring
to file for .the office of councilman shall be able to specify
whether they are seeking the seat with a district residence
requirement or the seat with no district residence requirement
as the case may be. [The ballots for the primary and general
elections shall be prepared to give every voter in the county
the opportunity to vote for each and every council seat.]
Candidates shall be nominated and elected in accordance with
the election laws of the state.
Section 3-3. Reapportionment and Reapportionment Years.
(a) The year 1983 and every tenth year thereafter shall be
reapportionment years.
(b) A reapportionment commission shall be constituted on or
before the first day of February of each reapportionment year
and whenever reapportionment is required by court order. The
commission shall consist of eleven members. The commission members,
no more than a majority of whom shall belong to the same political
party, shall be representative of the various council districts
and shall be appointed by the Mayor and confirmed by the council.
The commission shall elect a chairman from among its members.
(c) Any vacancy shall be filled in the same manner as for an
original appointment within fifteen (15) days after the vacancy
occurs.
(d) No member of the commission shall be eligible to become a
candidate for election to the council in the first election held
under any reapportionment plan adopted by the commission.
(e) The County Clerk, under the direction of the commission,
shall furnish all necessary technical and secretarial services.
The council shall appropriate funds to enable the commission to
carry out its duties, including the hiring of necessary staff.
(f) The commission shall act by majority vote of its membership
and shall establish its own procedures, except as may be provided
for in this charter.
(g) The commission may apportion the [five] district council
seats among the districts and redraw the district lines where and
when necessary according to law, based upon,but not necessarily
limited to, the most recent federal census.
In effecting such redistricting, the commission shall also be
guided by the following criteria:
(1) .No district shall be so drawn as to unduly favor a
person, political faction, or special interest group.
(2) Districts, insofar as practicable, shall be contiguous
and compact.
(3) District lines shall, where possible, follow permanent
and easily recognized features, and when practicable,
shall coincide with census tract boundaries.
(h) Not more than 120 days after the commission is constituted,
the commission shall cause to be published in a newspaper of
general circulation, a proposed -reapportionment plan prepared by
the commission. At least one public hearing shall be held in
each council district within forty-five (45) days of initial
publication.
(i) Not later than the last day of September of the reapportion-
ment year, the commission shall publish a final reapportionment
plan in a newspaper of general circulation and shall file such
plan with the County Clerk, at which time the plan shall become
effective. Members of the commission shall hold office until the
reapportionment plan becomes effective.
(j) Any registered voter may petition the circuit court to
compel, by mandamus or otherwise, the appropriate person or persons
to perform their duty or to correct any error made in a reappor-
tionment plan, or the court may take such other action to effectuate
the purposes of this section as it may deem appropriate. Any such
petition must be filed within thirty (30) days after the filing of
a final reapportionment plan.
Section 3-[3]4. 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 [two] one year[s] immediately
preceding his election or appointment to the county council.
Where residency in a district is a requirement, a person must
have been a resident voter of the district from which he is to
be elected or appointed for at least [two years] ninety (90)
days immediately preceding [his] the primary election or his
appointment. [Should a councilman who is elected to a seat
requiring residency in a district cease to be a resident voter
of said district during his term of office, his seat shall
thereupon become vacant. Any councilman who ceases to be a
resident voter of the County of Hawaii during his term of office
shall be deemed to have vacated his seat.]
Section 3-.[4]5. Compensation; Salary Commission.
(a) The salary of councilmen shall be established by a salary
commission which shall consist of nine members appointed by the
[M]mayor without the approval of the [C]council, notwithstanding
provision (b) in Section 1[3]2-4. The members may be removed by
the mayor.
(b) The commission shall consist of nine members, six of whom
shall be representatives of the [C]county geographical areas of Puna,
Ka'u, Kona, Kohala, Hamakua and Hilo, and three of whom shall he
representative of the [C]county-at-large. In addition, the [Personnel]
Civil Service Director and Deputy [Personnel] 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 and
adopt rules and regulations having the force and [a]effect of law.
(d) The commission shall review and compensate councilmen and
council chairman at an appropriate step within a salary range on
the same basis as employees of bargaining units to assure a
sensible relationship to an adequate scheme of compensation for
the work they do.
(As amended by Ordinance No. 56, effective November 26, 1974).
Section 3.[5].6. Vacancy in Office. When any vacancy occurs in the
county council, the remaining members of the council shall appoint
as a successor a person of the same political party as the
person he succeeds with the requisite qualifications to fill the
vacancy. Within thirty days after the occurrence of any vacancy
the council chairman shall notify all remaining members of the
council .by. registered mail that on a specified regular meeting
date formal action shall be taken to fill the vacancy. Should
the council fail to fill any vacancy within sixty days after.
its occurrence, the chairman of the council shall appoint a
successor to fill the vacancy for the unexpired term. The person
appointed shall serve until a successor is duly elected at the
next State or State and County election and seated. The election
shall be held in accordance with the election laws of the State
insofar as applicable.
The person elected as the successor shall serve out the
unexpired term of the person he succeeds commencing at 12 o'clock
meridian on the first Monday of December following his election
Section 3-[6]7. Removal of Councilmen. Any councilman may be
removed by impeachment or .recall proceedings ...as provided by [flaw]
this charter.
Section 3-[7]8. Organization of the Council; Officers; Employees.
(a) The council shall elect from among .its members a chairman .
and a vice chairman, each of whom shall serve at its pleasure.
Until such time as the chairman and presiding officer shall be
elected, the mayor shall preside at such meeting, provided that
the mayor shall not have a vote. The chairman, shall preside at
council meetings. If at any meeting the chairman is not present
or unable to act, the vice chairman shall then preside. In the
absence of the chairman and vice chairman, the council shall
elect from among its members a temporary presiding officer.
(b) The council shall appoint the county clerk which position
shall be exempt from civil service laws and classifications. The
county clerk shall:
(1) Be the clerk of the council.
(2) Be custodian of the county seal.
(3) Conduct all elections held within the county.
(4) Appoint the deputy county clerk and the legislative
auditor, with the approval of the council, and such
positions shall be exempt from civil service laws
and classifications.
(5) Perform such other functions as the council may prescribe.
(6) Appoint necessary staff for which appropriations have
been made by the council, subject to civil service laws
and classifications, and exercise the same power with
respect to the personnel of his office as the depart-
ment heads in the executive branch.
(c) The council may hire necessary staff to provide legal and
research assistance to the council on all matters related to its
deliberations or duties. Such legal and research assistance
shall be exclusively advisory or in a consultative capacity to
the council. No staff attorney shall represent the council or its
members in any litigation, nor shall the staff issue any formal
or other opinion on any legal matter which shall override any
related opinion from the office of the corporation counsel. The
said staff shall not perform any duties that may be inconsistent
or in conflict with that of the corporation counsel.
All staff attorneys shall be appointed by the presiding officer
of the council, subject to the approval of a majority thereof.
Except as to any staff attorney, who shall be licensed to practice
and in good standing before the Supreme Court_of the State of
Hawaii, merit principles shall apply to the selection of the
remaining staff pursuant to law. All employees shall serve under
the direct supervision of the presiding officer of the council.
The salaries of the staff shall be fixed by ordinance.
Section 3-[8]9. Meetings; Rules and Journal; Voting and Quorum.
The county council shall meet regularly at least twice in every
month at such times and places as shall be established by rule
of the council. The council shall determine its rules 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. [Voting, except on
procedural motions, shall be by roll call and the ayes and noes
shall be recorded in the journal.] The affirmative vote of a
majority of the entire membership shall be necessary for council
action. A majority of the entire membership of the council shall
constitute a quorum, but a smaller number may adjourn from time
to time and may compel the attendance of absent members.
Section 3-[9]10. Actions of the council. Every legislative
act of the council shall be by ordinance. Non -legislative acts
of the council may be by resolution and, except as otherwise
provided by law, no resolution shall have the force and effect
of law. Every ordinance shall be introduced in writing and in
the form required for final adoption. The enacting clause of
every ordinance shall be "BE IT ORDAINED BY THE COUNCIL OF THE
COUNTY OF HAWAII" and the enacting clause of every resolution
shall be "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII".
Section 3-[10]11. Resolutions. Reading of resolutions may be
by title only. A full reading may be required by a one-third
vote of the entire membership.
Section 3-[11]12. Ordinances.
(a) Ordinances shall be initiated as bills which shall be
passed only after two readings on separate days. Reading of bills
may be by title only. Full readings and public hearings may be
required by a one-third vote of the entire membership.
(b) Every ordinance of the council shall embrace but one
subject, which subject shall be expressed in its title. If
an ordinance embraces a.subject not expressed in its title, only
that subject shall be void.
(c) Bills embracing (1) the fixing of special assessments
for the cost of improvements, (2) the appropriation of public
funds or authorization of the issuance of general obligation
bonds or (3) the imposition of a duty or penalty on any person,
shall pass first reading by a vote taken by ayes and noes, and
digests of such bills shall be advertised once in a daily news-
paper of general circulation in the county, with ayes and noes,
at least three days before final reading by the council. Not
less than three copies of such bills shall be filed for use and
examination by the public in the office of the county clerk at
least three days prior to the final reading thereof.
(d) A bill shall not be amended to change its original purpose.
An amended bill shall, upon a one-third vote of the entire mem-
bership, be laid over for at least one week before final reading.
(e) A motion to reconsider made at the time any bill fails to
pass final reading shall not be voted upon until after twenty-
four hours.
(f) Ordinances shall become effective upon approval by the
mayor or at such later date as may be specified therein. _
(g) A bill may incorporate therein any standard technical code
or portions thereof by reference. The code, or portions, need
not be published in the manner required for ordinances, but not
less than three copies thereof shall be filed for use and
examination by the public in the office of the county clerk,
and notice of the availability of said copies shall be
published by the clerk.
(h) After enactment, ordinances shall be published once in a
daily newspaper of general circulation in the county. Such
publication shall be by title only and shall specify the ayes
and noes.
Section 3-[12]13. Emergency. Ordinances. The county council
may adopt emergency ordinances to meet public emergencies affect-
ing life, health or property. Such ordinances may not be used to
levy taxes, authorize the borrowing of money or to grant, renew
or extend franchises. Emergency appropriations may be made
pursuant to Section 9-8.
Emergency ordinances shall be plainly designated as such and
shall contain a declaration describing the emergency in clear
and specific terms. Any emergency ordinance may considered
and adopted after one reading, with or without amendment, or
be rejected at the meeting at which the same is introduced. The
affirmative vote of all council members present or by two-thirds
of the entire membership shall be necessary for adoption of such
ordinances. Emergency ordinances shall be published in the same
manner prescribed for other adopted ordinances and shall become
effective upon approval by the mayor or at such later time,
preceding automatic repeal, as the same may specify.
Amendments to any emergency ordinance shall be adopted in the
same manner prescribed for adoption of emergency ordinances.
Every emergency ordinance, including any amendments made after
adoption, shall automatically stand repealed as of the sixty-
first day following the date of adoption of the original ordinance
Section 3-[13]14. Submission of Bills to the Mayor. Every bill
adopted by the council shall be duly authenticated by the clerk
and the presiding officer and thereupon presented to the mayor
for approval. Such bill shall become effective as an ordinance
upon its approval or such later date as specified therein. If
the mayor disapproves a bill, he shall return the bill together
with his objections in writing to the clerk within ten days
(excluding Saturdays, Sundays, and legal holidays) after receipt.
If the mayor does not act within such ten-day period, the bill
shall become effective as an ordinance as if he had approved it.
The objections of the mayor shall be entered in the journal of the
council and the council may, after five and within thirty days
after the bill has been so returned, reconsider the vote upon
the bill. If the bill, upon such reconsideration, is again
passed by the affirmative vote of two-thirds of the entire
membership the presiding officer shall verify that fact on the
face of the bill and such bill shall become effective as an
ordinance with like effect as if approved by the mayor. A
bill failing to pass upon such reconsideration shall be deemed
lost.
If any appropriation bill is presented to the mayor he may veto
any item or portion thereof by striking out or reducing the same.
7
The mayor shall append his objections and the reasons therefor
to the bill at the time of signing, and the item or portion thereof
,so vetoed shall not take effect unless the council shall recon-
sider the vote on the bill and, upon such reconsideration, the
bill is again passed by the affirmative vote of two-thirds of
the entire membership.
Section 3-[14]15. Adoption of Pay Plan. All persons employed
by the county or any of its boards or commissions, whether as
officers or otherwise, except those whose pay is otherwise
provided for shall be paid in accordance with a pay plan enacted
by ordinance. The pay plan for persons holdi,ng positions in the
position -classification plan shall be in accordance with Section
7-1.5 of this charter. Interim amendments to the ordinance
establishing the pay plan for the county may be by resolution
of the council provided a revised salary ordinance is enacted
at least once annually.
Section 3-[15]16. County Code.
[(a) Within two years after the effective date of this charter,
the council shall cause a code to be prepared containing all of
the ordinances of the county which are appropriate for continua-
tion as law. The code may be prepared by the corporation
counsel or the council may contract for its preparation by
professional persons or organizations experienced in the revision
and codification of ordinances or statutes.
(b) The council may adopt the code by enactment of an ordinance
incorporating the code by reference. No publication of the code
shall be required, but not less than three copies of the code
shall be filed for use and examination by the public in the
office of the county clerk at least sixty days prior to the
adoption thereof.
(c) All proposed ordinances of general application introduced
after the approval of the code shall be adopted as amendments of
or additions to the code and by reference thereto.]
There shall be a county code containing all county ordinances,
as may be amended from time to time, and copies thereof shall be
available for inspection at the office of the county clerk.
Section 3-[16]17.. General Plan. The county council shall
adopt by ordinance a general plan which shall set forth the council's
policy for long-range comprehensive physical development of the
county. It shall contain a statement of development objectives,
standards and principles with respect to the most desirable use
of land within the county for residential, recreational, agri-
cultural, commercial, industrial and other purposes which shall
be consistent with proper conservation of natural resources and
the preservation of our natural beauty and historical sites; the
most desirable density of population inthe several parts of the
county; a system of principal thoroughfares, highways, streets,
public access to the shorelines, and other open spaces; the
general locations, relocations and improvement of public
buildings, the general location and extent of public utilities
and terminals, whether publicly or privately owned, for water,
sewers, light, power, transit, and other purposes; the extent and
location of public housing projects; adequate drainage facilities
and control; air pollution; and such other matter as may, in the
council's judg[e]ment, be beneficial to the social, economic, and
governmental conditions and trends and shall be designed to
assure the coordinated development of the county and to promote
the general welfare and prosperity of its people.
(a) The council shall enact zoning, subdivision, and such
other ordinances which shall contain the necessary provisions to
carry out the purpose of the general plan.
(b) No public improvement or project, or subdivision or
zoning ordinance, shall be initiated or adopted unless the same
conforms to and implements the general plan.
(c) Amendments to the general plan may be initiated by the
council or the planning director.
Section 3-18. Mandatory Program Review. At least once every four
years, the council shall critically review every program supported
wholly or partially by county funds, and unless the council shall
favorably authorize its continuation at current or modified levels,
the program shall be terminated. The council shall adopt proce-
dures and details to implement this section.
ARTICLE IV
EXECUTIVE BRANCH
GENERAL PROVISIONS
Section 4-1. Executive Power. The executive power of the county
shall be vested in and exercised by the executive branch, which
shall be headed by the mayor, except as otherwise provided by
this charter.
Section 4-2. Organization. The activities under the direction
and supervision of the mayor shall be distributed among such
agencies established by this charter or as may be established by
ordinance of the county council. New functions may be assigned
by the mayor to existing agencies.
Section 4-3. Appointment by Mayor. Each agency shall be
administered by an officer appointed by the mayor, except as
otherwise provided by this charter.
Section 4-4. Advisory Commissions. The mayor may appoint
advisory commissions. Members of such advisory commissions
shall serve for a period of time not to exceed, or exist beyond,
the term of office of the mayor, except as otherwise provided
by this charter. The members of advisory commissions shall not
receive compensation; however their authorized expenses shall
be paid from funds of the agency affected by the commission.
Advisory commissions shall have no employees, but the mayor
shall cause the employees of the agency concerned to furnish -
such services as may be needed by the commissions.
Section 4-5. Powers and Duties of Agency Heads. Subject to
the provisions of this charter the administrative heads of each.
agency or executive agency of the county shall have the power
to:
(a) Appoint and remove a deputy or assistant and a private
secretary and such positions shall be exempt from civil service
laws and classifications. No such appointment shall be made
unless the positions have been created and appropriations
therefor have been made by the council.
(b) Appoint necessary staff for which appropriations have
been made by the council.
(c) Take all personnel actions including the assignment or
reassignment of duties to employees within the salary ordinance;
provided, that if such assignment or reassignment of duties
shall affect the compensation of the employees, written approval
must first be obtained from the mayor and a report thereon must
be submitted to the council within thirty days.
(d) Supervise the performance of duties by all employees.
(e) Except as otherwise provided by this charter and subject
to the approval of the mayor, prescribe such rules as are
necessary for the organizationand internal administration of
the agency.
(f) Perform such duties as are prescribed by this charter
and such other duties as may be assigned by the mayor.
10
ARTICLE V
EXECUTIVE, BRANCH
THE MAYOR AND STAFF AGENCIES
CHAPTER .1
MAYOR
Section 5-1.1. Election and Term of Office. The mayor shall
be elected for a term of four years which term shall commence
at twelve o'clock meridian on the first Monday of December
following his election.
Section 5-1.2. Qualifications. Any citizen of the Ural fj ,
States of America who has been a duly qualified -elector of the
county for at least [three] one year[s] immediately preceding
his election as mayor shall be eligible for the office of
mayor. The mayor may serve for more than two terms of office
but he shall not serve for more than two consecutive full terms
of office.
Section 5-1.3. Compensation. The salary of the mayor shall
be. established by ordinance.
Section 5-1.4. Powers, Duties and Functions. The mayor shall
be the chief executive officer of the county vested with all the
executive powers of the county, except as otherwise provided by
this charter. He shall have the power to:
(a) Exercise direct supervision over all agencies enumerated
in this article and other agencies as he may deem desirable, and
through the managing director supervise and coordinate all other
executive agencies of the county, except as otherwise provided
by this charter.
(b) Appoint necessary staff for which appropriations have been
made by the council. All positions in the mayor's office shall
be exempt from civil service laws and classifications.
(c) Create positions, including position of deputy or assistant
to each head of an agency where such position has not been created
by this charter, for which appropriations have been made by the
council and abolish positions with the consent of the council.
(d) Make transfers of positions between agencies or between
subdivisions of agencies subject to applicable civil service
regulations.
(e) Recommend to the council a pay planfor all officers and
employees of the county or any of its boards and commissions,
except those whose pay is otherwise provided for; provided, that
the salary of any officer or employee who is exempt from the
civil service laws shall be subject to approval by the council
and the Mayor.
(f) Submit an operating budget, an operating program, a capital
budget and a capital program annually to the council.
(g) Sign instruments requiring execution by the county, except
as otherwise provided by this charter or by ordinance.
(h) Make periodic reports in addition to the annual report,
informing the public as to county policies, programs and operations.
(i) Call special sessions of the council.
(j) Veto ordinances.
(k) Enforce the provisions of this charter, the ordinances of
the county and all applicable laws, and exercise such other powers
and perform such other duties as may be prescribed by this charter
or by ordinance.
Section 5-1.5. Vacancy in Office. A vacancy in the office of
mayor shall be filled by the managing director, or if the office
of managing director is vacant, or during such periods as the
11
managing director is unable to so act, by the finance director
until a successor is duly elected at the next State or State
and County election and seated.
the person elected as the successor shall serve out the
unexpired term of the person he succeeds commencing at 12 o'clock
meridian on the first Monday of December following his election
Section 5-1.6. Temporary. Absence or Disability. During the
temporary absence or disability of the mayor, the managing director
shall act as mayor. If the office of managing director is vacant,
or during such periods as the managing director is unable to
so act, the director of finance shall then act as mayor.
Section 5-1.7. Removal of Mayor. The mayor may be removed by
impeachment or recall proceedings as provided by [law]. this
charter.
CHAPTER 2
CORPORATION COUNSEL
Section 5-2.1. Organization. There shall be a department of
the corporation counsel consisting of the corporation counsel,
assistant corporation counsel and the necessary staff.
Section 5.72.2. Appointment and Removal. The corporation -.
counsel shall be appointed by the mayor, . [.with the ,approval of]
confirmed by the council and may be removed by the mayor with
the approval of the council. He shall be an attorney licensed
to practice and in good standing before the Supreme Court of
the State of Hawaii.
Section 5-2.3. Powers, Duties and Functions. Except as specified
in Section 3-8(c) of this charter, [T]the corporation counsel shall
be the chief legal advisor and legal representative of all county
agencies, [the council and all officers and] employees, and
officers in matters relat[ing]ed to .their official powers and
duties. He shall represent the county in all civil legal
proceedings and shall perform all other services incident to his
office as may be required by- law[, this charter or ordinance] .
He shall, however, be prohibited from representing any elected
officer in impeachment proceedings.
Section 5-2.4. Assistant Corporation Counsel. The assistant
corporation counsel shall be appointed by the corporation counsel
and may be removed by the corporation counsel. The assistant
corporation counsel shall be an attorney licensed to practice and
in good standing before the Supreme Court of the State. of Hawaii.
Section 5-2.5. Special Counsel. Thecouncil may., by two-thirds
vote of its entire membership, authorize the employment of special
counsel for any special matter presenting a real necessity for
such employment. Any such authorization shall; specify the
compensation, if any, to be paid for said services.
Section 5-2.6. Term of Office. Notwithstanding Section 12-8,
the term of office of the corporation counsel, assistant corpora-
tion .counsel and deputies shall be co -terminous with that of the
mayor; provided that where a successor has not been appointed
and confirmed, the corporation counsel shall continue in office
pending such appointment and confirmation, but in no event shall
he continue in office beyond threemonths, whether acting or
otherwise.
�f�
CHAPTER 3
DEPARTMENT OF FINANCE
Section 5-3.1. Organization. There shall be a department of
finance consisting of the director of finance and the necessary
staff.
Section 5-3.2. Appointment and Removal. The director of -
finance shall be appointed by the mayor, confirmed by the
council and may be removed by the mayor.
Section 5-3.3. Powers, Duties and Functions. The director of
finance shall be the finance officer of the county and shall:
(a) Assist the mayor in the preparation and execution of the
operating budget, operating program and capital budget.
(b) Collect special assessments as provided by and subject
to law.
(c) Negotiate loans and the issuance and sale of bonds and
notes when authorized by the council; maintain records of county
indebtedness and have charge of the payment of interest and
principal thereon.
(d) Have custody of allpublic funds belonging to or under
the control of the county, county agency or executive agency,
and, deposit all such funds in banks or trust companies designated
as depositories by resolution of the council, subject to the
requirements imposed by law as to surety and payment of interest,
which interest shall accrue to the benefit of the public and
shall be credited to the proper fund and account.
(e) Examine all contracts, orders and other documents by which
financial obligations are incurred, and every such document shall
be subject to his approval but he shall not approve unless he
first verifies the appropriation, allotment and availability.of
funds to meet the obligation concerned and [certifies]. verifies
thereto as :provided in -Section [1019-11.
(f) Prepare and issue warrants, prepare payrolls and pension
rolls and disburse all funds in the county treasury. No money
shall be paid out of the treasury unless he first (i) verifies
the appropriation, allotment and availability of funds to cover
the claim concerned and certifies thereto as provided in Section [10]
9-11 and (ii) determines that such claim is regular in form,
correctly computed and constitutes a legal obligation.
(g) Maintain a general accounting system for the county and
require all county agencies and executive agencies to report
and remit all receipts to him as often as he deems desirable.
(h) Each month submit to the mayor and to the council through
the mayor a statement of the revenues and expenditures for the
preceding month and for the fiscal year up to and including the
preceding month. Such statementshall be sufficiently detailed
as to appropriations, allotments and funds to show the exact
financial condition of the county and of each of its agencies
and executive agencies.
(i) Submit to the council through the mayor at the end of
each fiscal year a report of the financial transactions of that
year and a complete statement of the financial condition of the
county at the end of the year, within ninety days after the end
of the year.
(j) Prepare and maintain a perpetual inventory of all lands,
roadways, streets, easements and other land interests owned,
leased, rented or controlled by the county..
(k) Prepare and maintain a perpetual inventory of equipment
owned or controlled by the county and materials and supplies in
county storerooms, and dispose of property not needed by any
agency or executive agency of the county pursuant to policies
established by ordinance.
(1) Where not in conflict with this charter, assume and perform
all the duties and functions of the purchasing agent, the treasurer
and the auditor of the county as provided by law, and for this
purpose the director of finance shall be authorized to appoint
a deputy, to assign and reassign such duties to any employee
as he sees fit and to make internal administrative and organiza-
tional changes as he sees fit subject to the approval of the
mayor.
(m) Exercise such other powers and perform such other duties
as may be prescribed by this charter, by ordinance, by law or
by the mayor.
Section 5-3.4. Pension Board. There shall be a pension board
consisting of five members who shall be appointed by the mayor
[with the approval of] and confirmed by the council in the manner
prescribed in Section 1[3-]2.4. The pension board shall assume the
duties and functions of the pension board of the county and the
board of trustees of the policemen, firemen, and bandsmen as
provided by law and shall be attached to the department of
finance. The county clerk and the director of finance shall
ex -officio be the secretary and treasurer, respectively, of the.
pension board.
CHAPTER 4
PLANNING DEPARTMENT
Section 5-4.1. Organization. There shall be a planning department
consisting of a planning director, a planning commission, [a board
of adjustment and appeals] and the necessary staff..
Section 5-4.2. Planning Director. The planning director shall
be appointed by the mayor, [with the approval of] confirmed by
the council and may be removed by the mayor [with the approval of
the council]. The director shall be the administrative head of
the department and shall:
(a) Serve as the chief planning officer of the county and the
technical advisor to the mayor, planning commission, and council
on all planning and related matters.
(b) Prepare a general plan and amendments thereto to guide
the development of the county by district or districts.
(c) Prepare proposed zoning and subdivision ordinances, zoning
maps and regulations and any amendments or modifications thereto.
(d) Review the lists of proposed capital improvements
contemplated by agencies and executive agencies of the county
and recommend[ed] the order of their priority.
(e) Be charged with the administration of the subdivision
and zoning ordinances and regulations adopted thereunder.
(f) Be charged with the approval of proposed subdivision
plans which are in conformity with the subdivision ordinance
and regulations.
(g) Receive, process, and recommend to the planning commission
appropriate action regarding rezoning applications, special excep-
tions, and other similar requests.
(h) Be charged with the approval of variances as provided by
law, but if any objections are made in writing to the director,
the director's actions shall be subject to review by the planning
commission according to law. If the said request is denied by
the director, the applicant may appeal such denial to the
planning commission.
([g] i) Exercise all the powers and perform all the duties of
the planning director and the administrator of the commission as
authorized by law or ordinance and exercise such other powers
and perform such other duties as shall be required or delegated
by the mayor, planning commission, or council.
Section 5-4.3. Planning Commission. The planning commission shall
consist of nine members who shall be appointed by the mayor [with
the approval of] and confirmed by the council in the manner
prescribed in Section 1[3]2.4. Commission membership shall be
representative of the community and of the county geographical
areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo. In addition,
the chief engineer of the county and the [manager of the department]
director of water supply or their designated representatives shall
[be] serve as ex -officio members of the commission without power
to vote. The commission shall establish itsrules 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 [developed by the director] 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, [and] with or without
modifications, or rejection of such plans.
(c) Review subdivision and zoning ordinances and amendments
thereto drafted by the director and transmit such ordinances
with recommendations thereon through the mayor to the council
/c
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 [decide] 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.
[upon which the commission is required to pass under such
ordinance].
(g) 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) Hold public hearings whenever:necessary and in every case
prior to the grantingof any rezoning request, variance, [or]
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 5-4.4. Board of Appeals. The board of appealsshall
consist of five members who shall be appointed by the mayor with
the approval of the council in the manner prescribed in Section
13-4. The board of appeals shall hear and determine appeals
from the actions of the director and planning commission in the
administration of the subdivision and zoning ordinances and any
regulation adopted pursuant thereto. An appeal shall be sustained
only if the board finds that the action of the director or planning
commission was based on an erroneous finding of a material fact
or that the director or planning commission had acted in an arbi-
trary or capricious manner or had manifestly abused his or its
discretion.]
1
4
CHAPTER 5
DEPARTMENT OF RESEARCH AND DEVELOPMENT
Section 5-5.1. Organization. There shall be a department of
research and development consisting of a director and the
necessary staff.
Section 5-5.2. Director. The director of research and develop-
ment shall be appointed by the mayor, confirmed by the council
and may be removed by the mayor.
Section 5-5.3. Powers, Duties and Functions. The director of
research and development shall:
(a) Collect and develop data necessary for managerial and
legislative decision-making, and program and policy-making.
(b) Provide staff leadership for public and private develop-
ment programs, enterprises and plans, including economic, social
and cultural proposals, which enhance improvement of the county
community.
(c) Coordinate informational and regulatory knowledge of all
federal and state grant -aid participation .programs which affect
the county.
lg
CHAPTER 6
DEPARTMENT OF WATER SUPPLY
Section 5-6.1. Organization. There shall be a department of
water supply consisting of a board of water supply, a director
of water supply and the necessary staff.
Section 5-6.2. Director. The director of water supply shall
be appointed by the mayor, confirmed by the council andmaybe
removed by the mayor. The director shall have had a minimum
of five years of training and experience in a responsible
administrative capacity, either in public service or private
business or both.
Section 5-6.3. Powers, Duties and Functions.. The director
of water supply shall:
(a) Be the administrative head of the department of water
supply.
(b) Recommend regulations to the board of water supply.
(c) Have such other powers and duties as may be provided by
ordinance or as may be assigned by the mayor or board of water
supply.
In addition, all water systems of the county, including water
rights and water sources, together with all materials, supplies
and equipment and all real -and personal property used or useful
in connection with such water systems, shall be under the
control of the department.
Section 5-6.4. Board of Water Supply. The board of water supply
shall consist of seven members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in
Section 12-4. Commission membership shall be representative
of the community and of the county geographical areas of Puna,
Ka'u, Kona, Kohala, Hamakua, and Hilo. In addition, the planning
director and the chief engineer of the count or their designated
representatives shall serve as ex -officio members of the board
without power to vote.
The board of water supply shall:
(a) Adopt rules and regulations relating to the management,
control, operation, preservation and protection of the water-
works systems of the countyto be approved by the mayor.
(b) Prepare and submit to the mayor a request for an annual
operating and capital improvementbudget. The water board's
capital improvement projects shall be consistent with the county's
general plan and shall be processed through the county's planning
department.
(c) Recommend to the county council water rates.
Section 5-6.5. Revenues. The revenues derived by the department
of water supply shall be kept in a separate fund and shall be such
as to make said department self-supporting.
19
CHAPTER [617
MISCELLANEOUS
Section 5-[6]7.1. Clerical Pool. There may be a clerical pool
consisting of such positions as the mayor may recommend and for
which appropriations have been made by the council. The purpose
_of such pool shall be to provide periodic staff assistance to
the various agencies of the county when necessitated by heavy
workloads. The clerical pool shall be attached to the.mayor's
office for purposes of administration, assignment and coordination
but the personnel of the clerical pool shall be subject to the
civil service laws of the state.
Section 5-[6]7.2. Safety Coordinator. There shall be a safety
coordinator who shall be appointed by the mayor and may be removed
by the mayor. The safety coordinator shall:
(a) Inspect county owned or controlled equipment, buildings
and facilities.
(b) Review operating practices of the various county agencies.
(c) Investigate accidents involving county personnel, equip-
ment,buildings and facilities.
(d) Make recommendations for prevention and reduction of
industrial accidents.
(e) Review, process and maintain work[e]men's compensation
records for the county.
(f) Perform such other duties as may be requested by the
mayor.
Section 5-7.3. Board of Appeals. The Board of Appeals shall
consist of seven members who shall be appointed by the mayor
aid confirmed by the council in the manner prescribed in
Section 12-4. The Board shall hear and determine all appeals
from the actions of the planning director and planning
commission. In addition, the Board shall hear and determine
appeals from the actions of the chief engineer or his staff
regarding the enforcement of the building, plumbing, and
electrical code and laws.
All hearings shall be conducted according to the State
Administrative Procedures Act. Whenever possible, persons with
a background or expertise in broad areas of planning and
construction shall be given preference for appointment to the
board, although such background or expertise is not a prerequisite
for membership.
The board shall be part of the planning department for
administrative purposes and the said department shall provide
necessary clerical and other assistance.
•
ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES UNDER THE
MANAGING DIRECTOR
CHAPTER 1
MANAGING DIRECTOR
Section 6-1.1. Organization. There shall be a position of
managing director in the office of the mayor. He shall be the
principal management aide of the mayor.
Section 6-1.2. Appointment. The managing director shall be
appointed by the mayor and may be removed by the mayor.
Section 6-1.3. Powers, Duties and Functions. The managing
director shall:
(a) Supervise the administrative functioning of all agencies
except those under direct supervision of the mayor.
(b) Advise the mayor concerning the operation of all agencies
under his supervision and make, or cause to be made, investiga-
tions and studies of the internal organization and procedures
of any such agency and for such purpose may require reports from
any of them.
(c) Prescribe standards of administrative practice to be
followed by all agencies under his supervision.
(d) .Attend meetings of the council or of any board or committee,
when requested by the mayor.
(e) Attend meetings of the council and its committees upon
request and make available such information as they may require.
(f) Perform all other duties required of him by this charter
or assigned to him by the mayor.
CHAPTER 2
DEPARTMENT OF PUBLIC WORKS
Section 6-2.1. Organization. There shall be a department of
public works consisting ofa chief engineer and the necessary staff.
Section 6-2.2. Chief Engineer. The chief enginner shall be
appointed by the mayor, confirmed by the council and may be
removed by the mayor. He shall be a registered professional
engineer.
Section 6-2.3. Powers, Duties and Functions, The powers, duties
and functions of the department of public works shall be prescribed
by ordinance and shall be exercised and performed by the depart-
ment[; provided, that the powers, duties and functions of the
department existing at the effective date of this charter shall
continue and be exercised and performed by the department until
changed or modified by ordinance].
y.
CHAPTER 3
DEPARTMENT OF PARKS AND RECREATION
Section 6-3.1. Organization. There shall be a department of
parks and recreation consisting of a parks and recreation director
and the necessary staff.
Section 6-3.2. Director. The parks and recreation director
shall be appointed by the mayor, confirmed by the council and
may be removed by the mayor.
Section 6-3.3. Powers, Duties and Functions: The powers,
duties and functions of the department of parks and recreation
shall be prescribed by ordinance and shall be exercised and
performed by the department[; provided, that the powers, duties
and functions of the department existing at the effective date
of this charter shall continue and be exercised and performed by
the department until changed or modified by ordinance].
Section 6-3.4. County Bands. The county bands shall be a part
ofthe department of parks and recreation for administrative
purposes. The bandmasters shall be appointed by the mayor and
may be removed by the mayor. The members of the bands and
other employees connected therewith shall be appointed by the
bandmasters and may be removed by the bandmasters with the
approval of the managing director, and all positions in the band
shall be exempt from civil service laws and classifications.
CHAPTER 4
FIRE DEPARTMENT.
Section 6-4.1. Organization. There shall be a fire department
consisting of a fire chief and the necessary staff.
Section 6-4.2. Fire Chief. The fire chief shall be appointed
by the mayor, confirmed by the council and may be removed by the
mayor.
Section 6-4.3. Powers, Duties and Functions. The powers, duties
and functions of the fire department shall be prescribed by
ordinance and shall be exercised and performed by the department[;
provided, that the powers, duties and functions of the department
existing at the effective date of this charter shall continue and
be exercised and performed by the department until changed or
modified by ordinance].
ARTICLE VII
EXECUTIVE BRANCH - DEPARTMENTS OR AGENCIES
UNDER COMMISSIONS
CHAPTER 1
DEPARTMENT OF [PERSONNEL] CIVIL SERVICE [S]
Section 7-1.1. Organization. There shall be a department of
[personnel] civil service[s] consisting of a director, a civil
service commission and the necessary staff.
Section 7-1.2. Civil Service Commission. The civil service
commission shall consist of seven members who, shall be appointed
by the mayor [with the approval of] and confirmed by the council
in the manner prescribed in Section 1[3]2-4. Commission member-
ship 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 7-1.3. Director. The director of [personnel]. civil
service[s] shall be appointed by the civil service commission
and may be removed by the commission.
Section 7-1.4. Powers, Duties and Functions. The director of
[personnel] .civil service[s] shall be responsible for the personnel
management program of the county with two distinct categories of
duties. The major duties shall be in the areas of equal employ-
ment opportunities, personnel development, personnel deployment,
personnel relations and personnel welfare [for maximum employee
effectiveness]. The secondary duties of the director shall be
the administration of the civil service system and the maintenance
of the aims and mechanics prescribed by statute. The director
shall be the administrative head of the department of [personnel]
civil service[s] and shall be (responsible for the proper conduct
of all the administrative affairs of the department and for the
execution of the personnel program prescribed by this charter,
ordinance, laws and regulations. The civil service commission
shall function according to statute. The director shall provide
technical and clerical staff services to the commission.
Section 7-1.5. Position Classification Plan; Compensation.
Except as otherwise provided by law or this charter, all positions
in the service of the county shall be classified within a position
classification plan, and all persons holding such positions shall
be compensated as provided by the compensation law of the State.
Section 7-1.6. Administrative Supervision. The department of
[personnel] civil service[s] shall come under the general super-
vision and control of the mayor.
CHAPTER 2
POLICE DEPARTMENT
Section 7-2.1. Organization. There shall be a police department
consisting of a police commission, a chief of police and the
necessary staff.
Section 7-2.2. Police Commission. The police commission shall
consist of seven members, two of whom shall be residents of 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 [with the approval of].
and confirmed by the council in the manner prescribed in Section
1[3]2.4.
Section 7-2.3. Department Rules. The police commission shall
adopt such rules as it may consider necessary for the conduct of
its business and regulation of the matters committed to its
charge by law. Except for purposes of inquiry, neither the
commission nor its members shall interfere in any way with the
administrative affairs of the department.
Section 7-2.4. Chief of Police and Deputy. The chief of police
shall be appointed by the police commission and may be removed by
the police commission. The deputy shall be appointed by the
chief of police with the confirmation of the police commission
and may be removed by the chief with the approval of the police
commission.
Section 7-2.5. Powers, Duties and Functions of the Chief of
Police. The chief of police shall be the administrative head of
the police department and shall:
(a). Be responsible for the preservation of the public peace,
prevention of crime, detection and arrest of offenders against
the law, protection of the rights of persons and property, and
enforcement and prevention of violations of all laws of the
State and ordinances of the county and all regulations made in
accordance therewith.
(b) Train, equip, maintain and supervise the force of police
officers and employees pursuant to the rules of police commission.
(c) [Take charge of and keep the county jail and all prisoners
committed thereto.]
[(d)] Have such other powers, duties and functions as may be
required by the police commission or provided by law.
Section 7-2.6. Dismissal, Suspension, Demotion or Grievance.
The dismissal, suspension, demotion or grievance of any police
officer or employee in the police department shall be under
procedures set forth by civil service laws and regulations.
Section 7-2.7. Administrative Supervision. The police department
shall come under the general supervision and control of the mayor.
CHAPTER 3
DEPARTMENT OF LIQUOR CONTROL
Section 7-3.1. Organization. There shall be a department of
liquor control consisting of a liquor commission, a liquor
control adjudicationboard, a director of the department and
the necessary staff.
Section 7-3.2. Liquor Commission. There shall be a liquor
commission consisting of seven members who shall be appointed
by the mayor [with the approval of) and confirmed by the council
in the manner prescribed in Section 1[3]2.4. Commission membership
shall be representative of the community and of the county geo-
graphical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo.
The liquor commission shall:
(a) Adopt rules and regulations having the force and effect
of law for the administration of liquor control in the county
and to carry out provisions of the liquor control laws of the
State.
(b) Grant, renew or refuse applications for licenses for the
manufacture, importation and sale of liquor in the county under
applicable laws and regulations.
(c) Have such other powers and duties as. may be provided by
law, not in conflict with the provisions of this section.
Section 7-3.3. Liquor Control Adjudication Board. There shall
be a liquor control adjudication board consisting of five members
who shall be appointed by the mayor [with the approval of] and
confirmed by the council in the manner prescribed in Section
1[3]2-4.
The liquor control adjudication board shall hear and determine
all complaints regarding violations of the liquor control laws
of the State, or complaints regarding violations of rules and
regulations established by the liquor commission and impose such
fines or punishment as may be provided by law upon the conviction
thereof.
Section 7-3.4. Director of the Department of Liquor. Control..
The director of the department of liquor control shall be
appointed by the liquor commission and may be removed by the
liquor commission. The director of the department of liquor
control shall:
(a) Be the administrative head of the department.
(b) Provide clerical and administrative services for the
liquor commission and the liquor control adjudication board,
including the submission of budget for the operation of the
department.
(c) Investigate complaints regarding violations of the liquor
control laws of the State or complaints regarding violations of
rules and regulations established by the liquor commission and
report such violations to the prosecuting officer of the county.
Section 7-3.5. Administrative Supervision. The department of
liquor control shall come under the general supervision and
control of the mayor.
a7
ARTICLE VIII
[DEPARTMENT OF WATER SUPPLY
Section 8-1. Organization. There shall be a semi -autonomous
department of water supply consisting of a water commission, a
manager and the necessary staff.
_ Section 8-2. Water Commission. The water commission shall
consist of nine members who shall be appointed by the mayor with
the approval of the council in the manner prescribed in Section
13-4. Commission membership shall be representative of the com-
munity and of the county geographical areas of Puna, Kau, Kona,
Kohala, Hamakua, and Hilo. The manager of the department of
water supply, the planning director and the chief engineer of
the county or their designated representatives shall serve as
ex -officio members of the water commission without power to
vote. The water commission shall:
(a) Manage, control and operate the waterworks of the county
and all property thereof..
(b) Adopt rules and regulations which shall have the force
and effect of law relating to the management, control, operation,
preservation and protection of the waterworks of the county.
(c) Adopt an annual operating and capital budget for the
department, subject to the hearing and advertising provisions
of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase,
lease or otherwise, and to sell, lease, or otherwise convey
real property in the name of the water commission.
(e) Have the authority to issue revenue bonds under the name
of the water commission.
(f) Have such other powers and duties as may be provided by
law.
Section .8-3. Manager and Deputy. The manager of the department
of water supply shall be appointed by the water commission. and
may be removed by the water commission. The deputy shall be
appointed by the manager with the confirmation of the water
commission and may be removed by the manager with the approval
of the water commission. The manager shall be a:registered
engineer.
Section 8-4. Water Fund. There shall be established a separate
water fund which shall be utilized solely for water purposes.
State and Federal water grants or appropriations and revenues
from operation of the water system shall be included in the water
fund.
Section 8-5. Administrative Supervision. The department of
water supply shall come under the general supervision and control
of the mayor.]
ARTICLE VIII
PROSECUTING ATTORNEY
Section [9]8-1. Election and Term of Office. The prosecuting
attorney shall be elected for a term of four years, which term
shall commence at twelve o'clock meridian on the first Monday
of December following his election.
Section [9]8-2. Qualifications. The prosecuting attorney shall
be an attorney licensed to practice and in good standing before
the [s]Supreme [c]Court of the State of Hawaii. He shall be a
citizen of the United States of America and shall have been a
duly qualified elec.-tor of the . county for at least [two] one
year[s] immediately preceding his election.
Section [9]8-3. Compensation. The salary of the'prosecuting
attorney shall be established by ordinance.
Section [918-4. Powers, Duties and Functions. The prosecuting
attorney shall:
(a) Attend all courts in the county and conduct on behalf of
the people all prosecutions therein for offenses against the laws
of the State and the ordinances and regulations of the county.
(b) Prosecute offenses against the laws of the State under
the authority of the attorney general of the State.
(c) Appear in every criminal case where there is a change of
venue from the courts in the county and prosecute the same in
any jurisdiction to which the same is changed or removed. The
expense of such proceeding shall be paid by the county.
(d) Institute proceedings, or direct the chief of police to
do so, before the district [magistrates] judges for the arrest
of persons charged with or reasonably suspected of public offenses,
when he has information that any such offenses have been committed,
and for that purpose take charge of criminal cases before the
district [magistrates] judges., either in. person or by a deputy
or by such other prosecuting officer as he shall designate.
(e) Draw all indictments andattend before and give advice to
the grand jury whenever cases are presented to it for its
consideration. Nothing herein contained shall prevent the
conduct of proceedings by private counsel before district [magis-
trates] judges or courts of record under the direction of the
prosecuting attorney.
(f) Investigate all matters which may properly come before him.
Section [9]8-5. Staff. The prosecuting attorney may appoint
deputies and other necessary staff. The deputy who is designated
as first deputy shall, during the temporary absence or disability
of the prosecuting attorney, assume the power and perform the
duties of the prosecuting attorney.
Section [9]8-6. Vacancy in Office. A vacancy in the office of
prosecuting attorney shall be filled by the first deputy who
shall act as prosecuting attorney, or if the position of first
deputy is vacant or if the first deputy is unable to so act, the
mayor with the [approval] confirmation of the council shall fill
the vacancy by appointment of a person with the requisite quali-
fications within thirty days after the occurrence of the vacancy.
'The first deputy or the person appointed to fill the vacancy
shall serve until a successor is duly elected at the next State
or State and County election and seated. The election shall be
held in accordance with the election laws of the State insofar
as applicable.'
'The person elected as the successor shall serve out the
unexpired term of the person he succeeds commencing at 12 o'clock
meridian on the first Monday of December following his election."
(As amended by Ordinance No. 59, effective November 26, 1974.)
Section [9]8-7. Removal of Prosecuting Attorney. The prosecuting
attorney may be removed by impeachment or recall proceedings as,
provided by [law] this charter.
ARTICLE IX
FINANCIAL PROCEDURES
Section [1019-1. 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 [1019-2. Preparation
Capital Program.
(a) Within ten (10) working days after the close
Legislature but not later than May 1 of each year,
shall submit to the county council:
(1) An operating budget for the ensuing year.
(2) An operating program for the ensuing three fiscal years.
(3) A capital budget for the ensuing fiscal year.
(4) A capital program for the ensuing six fiscal years.
(5) An accompanying message.
(b) On or before the date specified by the mayor, the head of
each county agency and 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 message shall
be a public : record in the office of the clerk of the county
council and shall be open to public inspection. The mayor shall,
at the same time make available copies of the budgets, the programs
and message for distribution to interested persons.
Section [1019-3. 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 tobe financed from
current revenues in the ensuing fiscal year shall be included
in the operating budget as well as in the capital budget.
Appropriations for such expenditures shall be included in the
operating budget. Except as otherwise provided by law, the
operating budget shall contain at least the following:
(1) A simple, clear, general summary of the detailed
contents of the operating budget. Such summary shall
itemize all new positions being requested.
(2) The proposed expenditures, including provision for
any estimated cash deficit for the fiscal year currently
ending, debt service requirements for the ensuing
fiscal year, and all other expenditures for the
ensuing fiscal year, capital and otherwise, to be met
from current revenues; and the proposed expenditures
shall be shown by agencies and programs.
(3) A comparative statement of the actual expenditures for
the preceding fiscal year, and the estimated expenditures
for the fiscal year currently ending and the ensuing
fiscal year.
(4) The sums recommended for appropriation on the basis of
proposed expenditures, which sums need not be itemized
further than by agencies and programs.
and Submission of Budget and_
of the State
the mayor
(5) The estimated revenues shown by estimated cash surplus,
if any, for the fiscal year currently ending, proposed,
tax levies and other sources.
(6) A comparative statement of the actual revenues for the
preceding fiscal year, and the estimated revenues for
the fiscal year currently ending and the ensuing year.
The estimated revenues for the ensuing fiscal year
shall be at least equal in amount to the proposed
expenditures.
(b) The operating program shall present a complete financial
plan for the operations of the county and its agencies and executive
agencies in the ensuing three fiscal years, showing all funds and
reserves. The operating program shallbe used by the council for
informational purposes and as a guide for the estimated costs of
operating the county government for the ensuing three fiscal years
and shall contain at least the following:
(1) A simple, clear, general summary of the detailed
contents of the operating program.
(2) The proposed expenditures, including debt service
requirements and all other expenditures for the ensuing
three fiscal years, capital and otherwise; and the
proposed expenditures, year by year, shall be shown by
agencies and programs.
(3) The estimated revenues shown by estimated cash surplus,
if any, proposed tax levies and other sources for the
ensuing three fiscal years.
(4) Such other information as the council or mayor may
request.
(c) The mayor's message shall explain the operating budget and
capital budget both in fiscal terms and in terms of work to be
done. It shall outline the proposed financial policies of the
county for the ensuing fiscal year, describe the important features
of the operating budget and capital budget and means of financing
the budgets. I.t 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 pendingcapital improvement and each capital
improvement proposed to be undertaken within the ensuing fiscal
year, showing the estimated cost of each improvement and the
pending or proposed method of financing it. The message shall
also include such other supporting or explanatory material as the
mayor deems desirable.
Section [10]9-4. Operating Budget and Capital Budget; Notice and
Hearing. A public hearing shall be held on the operating budget
and capital budget not more than four weeks after submission thereof.
At this hearing all persons interested shall have an opportunity
to be heard. At least two weeks before the hearing, the county
council shall publish in a newspaper of general circulation in the
county the general summaries of the operating budget and capital
budgetand a notice setting forth the time and place for public
hearing thereon and for their consideration by the council.
Section [10]9-5. Operating Budget: Council Action. After the
public hearing the county council may adopt the operating budget
with or without amendments. In amending, it may add new items.
or increase items in the operating budget. It may decrease or
delete items, excepting appropriations required by law and
appropriations for debt service. But in all cases the estimated
revenues for the ensuing year shall be at least equal in amount
to the proposed expenditures.
The council shall adopt the operating budget on or before the
thirtieth day of June. If it fails to do so, the operating budget
submitted by the mayor shall be deemed adopted by the council as
the operating budget for the ensuing fiscal year.
The adopted operating budget shall be in effect on and after
the first day of the fiscal year to which it applies.
Section [10]9-6.Capital.Budget and Capital Program: Scope; Council
Action.
(a) The capital budget shall contain at least the following:
(1) A simple, clear, general summary of the detailed
contents of the capital budget.
(2) The capital improvements pending or proposed to be
undertaken within the ensuing fiscal year, together
with the estimated cost of each improvement, the
estimated operating cost, and the pending or proposed
method of financing it.
(3) Capital expenditures to be financed. from current
revenues in the ensuing fiscal year.
(b) The capital program shall be used by the council for
informational purposes and as 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 ofeach improvement and the proposed method of
financing it.
(3) Such other information as the council or mayor may
request.
(c) After the public hearing on the capital budget, the county
council may adopt the capital budget with or without amendment.
In amending, the council shall request and consider, but need not
follow, the recommendations of the mayor as to the proposed
amendment.
(d) The council shall adopt the capital budget on or before
the thirtieth day of June. If it fails to do so, the capital
budget submitted by the mayor shall be deemed adopted by the
council as the capital budget for the ensuing fiscal year. The
adoptedcapital budget shall be in effect on and after the first
day of the fiscal year. (As amended by Ordinance No. 57, effective
November 26, 1974.)
At any time during the fiscal year, the council, by ordinance
adopted by the 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]9-7. Budgets; Public Records. Three copies of the
operating budget and the capital budget as adopted shall be
certified by the mayor and the clerk of the county council. One
of these copies shall be filed in the office of the mayor and one
each in the offices of the director of finance and the director
of planning. The operating budget and capital budget shall be
made available to the county agencies and to interested persons,
upon such conditions as the council may determine.
Section [10]9-8. 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, [upon written request by the mayor,] 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
appropriations, the council may by ordinance authorize the
issuance of emergency notes. These notes may be renewed from
time to time, but the emergency notes and renewals of any fiscal
year shall be paid not later than the first day of the fiscal
year next succeeding that in which the emergency appropriation
was made. The total of emergency appropriations in any fiscal
year shall not exceed one-half of one percent of the total
operating appropriations, excluding those for debt service made
in the operating budget for that year.
Section [10]9-9. Appropriations: Reduction and Transfer. If
at any time during the fiscal year it appears probable to the
mayor that the revenues available will be insufficient to meet
the amount appropriated, he shall report to the county council
without delay, indicating the estimated amount of the deficit.
For that purpose the council may by ordinance reduce one or
more appropriations; but no appropriation required for debt
service may be reduced and no appropriation may be reduced by
more than the amount of the une[m]ncumbered 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 timethe mayor so requests
in writing, the council, by resolution effective immediately
upon adoption, may transfer part or all of any unencumbered
appropriation balance from one agency or executive agency to
another. But no transfer shall be made from appropriations
for debt service or for estimated cash deficit; and no
appropriation may be reduced below any amount required by law
to be appropriated.
Section [10]9-10. Lapse of Appropriations. General appropri-
ations, except an appropriation for a capital expenditure,
shall lapse at the close of the fiscal year to the extent that
the same has not been expended or encumbered. An appropriation
for a capital expenditure [shall continue in force until the
purpose for which it was made has been accomplished or abandoned.
The purpose of any such appropriation for a capital expenditure
shall be deemed abandoned if two years pass without any expendi-
ture from, or encumbrance of, the appropriation concerned]
that is not encumbered shall lapse at the end of two fiscal
years following the fiscal year that the appropriation was made.
Section [10]9-11. Payments and Obligations Prohibited:
[Certifications] Verifications; Penalties. No payment shall be
authorized or made and no obligation incurred against the county
except in accordance with appropriations duly made. No payment
shall be made against any allotment or appropriation unless
the director of finance first [certifies] verifies that there
is sufficient unencumbered balance in the allotment or appro-
priation and that sufficient funds therefrom are available
to cover the claim concerned; nor shall any obligation be
incurred against any allotment or appropriation unless the
[director of finance] agency head first [certifies] verifies
that there is sufficient unencumbered balance in the allotment
or appropriation and that sufficient funds therefrom will be
available to meet the obligation concerned when it becomes due
and payable. Every obligation incurred and every authorization
of payment in violation of the provisions of this charter shall
be void. Every payment made in violation of the provisions of
this charter shall be illegal; and all county officers who
knowingly authorize or make such payment or any part thereof
shall be jointly and severally liable to the county for the full
amount so paid or received. If any county officer or employee
knowingly authorizes or makes any payment or incurs any obli-
gation in violation of the provisions of this charter or takes
part therein, that action shall be cause for his removal.
_ Nothing contained in this section or other sections of this
charter shall be construed to prevent the making or authorizing
of payments or making of contracts for capital improvements to
be financed wholly, or partly by the issuance of bonds; nor shall
it prevent the making, when permitted by law, of any contract.
or any lease providing for the payment of funds at a time beyond
the end of the fiscal year in which the contract or lease is
made. But any contract, lease or other obligation requiring
the payment of funds from the appropriations of a later fiscal
year or of more than one fiscal year shall be made or approved
by resolution.
Section [10]9-12. Special Funds. Upon recommendation of the
mayor the council may by ordinance abolish or establish such
special fundsas may be necessary for the proper and efficient
segregation of fiscal operations of the county.
Section [10]9-13. Post -audit. The county council shall provide
at least once every year for an independent audit of the accounts
and other evidences of financial transactions of the county and
of every county agency and executive agency. The audit shall
be made by a certified public accountant or firm of certified
public accountants, designated by the council, who have no
personal interest, direct or indirect, in the fiscal affairs
of the county or of any of its agencies or executive agencies.
The audit shall include both financial accountability and
adequacy of the financial and accounting system. If the State
makes such an audit, the council may accept it as satisfying
the requirements of this section.
Either the council or the mayor may at any time order an
examination or audit of the accounts or program of any county
agency or executive agency. Upon the death, resignation,
removal or expiration of the term of any county administrative
officer, the director of finance shall cause an audit and
investigation of the accounts maintained by the officer and by
his agency or executive agency to be made and shall report the
results thereof to the mayor and the council. In the case of
the death, resignation or removal of the director of finance,
the council may cause an audit to be made of the accounts of
all agencies and executive agencies. If, as a result of any
such audit, an officer be found indebted to the county, the mayor
shall proceed forthwith to collect the indebtedness.
Section 9-14. 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 representa-
tive 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 specifica-
tions for such materials, supplies and equipment.
(c) All purchases and contracts for materials, supplies,
equipment and services shall be made by advertising, except
that such purchases and contracts may be negotiated without
advertising if:
(1) The public exigency will not admit of the delay
incident to advertising.
(2) The aggregate amount involved does not exceed
$4,000.00; however, any purchases or contracts
involving sums between $500.0.0 and $4,000.00
shall be based on competitive bids which shall
be in writing.
(3) It is impracticable to secure competitive bidding
for materials, supplies and equipment, including
animals, plants, food and fodder for animals of
the zoo, non-processed agricultural products,
patented or proprietary articles and books and
publications.
(4) It is determined that the procurement of equipment
determined to be technical equipment is necessary
to assure standardization of the equipment and
interchangeability of parts and that such standard-
-.ization and interchangeability are necessary in
the interest of economy.
(5) Any other procedure or matter will promote the
effective, efficient and timely procurement of
goods and services.
(d) The advertisement for bids shall be made a sufficient time
before the purchase or contract, and specifications and invita-
tions for bids shall permit such full and free competition as
is consistent with the procurement of the types of materials,
supplies, equipment and services necessary to meet the require-
ments of the agency concerned.
All bids shall be publicly opened at the time and place
stated in the advertisement. Award shall be made with reasonable
promptness by written notice to the responsible bidder, whose
bid, conforming to the invitation for bids, will be most advan-
tageous to the county, price and other factors. considered.
(e) Purchase orders shall be issued upon the endorsement
of the purchasing agent, and such endorsement shall be made in
accordance with rules and regulations promulgated by the
director of finance.
(f) The director of finance shall, from time to time, secure
from all agencies estimates of their needs for articles of
common use and shall, when practicable, consolidate requisitions
in order to secure the benefits of quantity purchases, and may
enter into cooperative buying arrangements with other public
agencies.
(g) The director of finance may by rules and regulations
provide for:
(1) Emergency purchases which might be required.
(2) Petty cash funds or blanket purchase orders or both.
(3) Non-competitive purchases and contracts provided for
under subsection 9-14 (c) (3) .
(4) Approval and signing procedures related to the
issuance of purchase orders.
(5) Negotiated sales of county property found unusable
for public purposes and valued below $100.00 without
public auction.
(h) All county storerooms (other than departmental) shall be
supervised and operated by the director of finance.
(i) The director of finance shall require such guarantees of
performance by vendors as in his opinion may be necessary or
may be prescribed by ordinance.
ARTICLE X
INITIATIVE AND REFERENDUM
Section 1[110-1. The Powers of Initiative and Referendum.
(a) The power of voters to propose ordinances. (except as provided
in Section 1[1]0-2) shall be the initiative power.
(b) The power of voters to approve or reject ordinances by
election (except as provided in Section 1[110-2) shall be the
referendum power.
Section 1[1]0-2.Limitations to Powers. The initiative power and
the referendum power shall not extend to: any part or all of the
operating budget or capital budget; any financial matter relating
to public works; any ordinance making or repealing any appropriation
of money or fixing the salaries of county employees or officers;
any ordinance authorizing or repealing the levy of taxes; any
emergency legislation.
Section 1[1]0-3. Submission Requirements.
(a) Voters seeking to propose an ordinance by initiative shall
submit an initiative petition addressed to the council and contain-
ing the full text of the proposed ordinance. The initiative
petition shall be filed with the clerk of the council at least
forty-eight hours prior to any regular council meeting.
(b) Voters seeking referendum on an ordinance shall submit a
referendum petition addressed to the council, identifying the
particular ordinance and requesting that it be either repealed
or referred to the voters of the county.
(c) Each initiative petition and each referendum petition must
be signed by qualified voters of the county equal in number to at
least fifteen percent of the total number of persons who voted in
the county for the office of mayor in the last preceding general
election.
Section 1[1]0-4. Petitioners' Committee. For each initiative
or referendum petition there shall be a petitioners' committee
representing all the petitioners, which committee shall be
composed of five members who shall be qualified voters of the
county and signers of the petition. The committee shall be
responsible for circulation of the petition and for assembling
and filing the petition in proper form. The committee shall have
the power to amend or withdraw the petition as provided in this
charter.
Section 1[1]0-5. Initiative and Referendum Petitions; Forms
and Sufficiency. Initiative and referendum petitions shall be
governed by the rules regarding form and sufficiency set forth
in this section, as well as by such other rules as the county
council may impose by ordinance, consistent with the provisions
and with the spirit and purpose of this charter.
(a) For immediate acceptance of petitions the clerk of the
council shall require that:
(1) The petitions indicate by name and address, the five
signers who constitute the petitioners' committee for
that petition.
(2) The petitions indicate the address to rich all notices
for petitioners' committee are to be sent.
(3) The signatures to petitions be filed on papers of
uniform size and style and assembled as one instrument.
Upon presentation, petitions which reasonably comply
with this subF-]section (a) shall be accepted by the
clerk without delay; petitions shall be rejected for
non-compliance.
(4) Each elector signing such petition shall print his
name, add his signature, his residence address, his,
social security number and the date of signing on
said petition.
(b) For purposes of certification, any petition shall be
found insufficient which:
(1) Is signed by less than the required number of qualified
voters of the county.
(2) Proposes, or requests repeal of, an ordinance not
subject to the powers of 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 ordinance or ordinance
under question is not contained in or attached to each
signature paper or set of signature papers of an
initiative or referendum petition, respectively,
throughout circulation.
(2) If affidavits (executed by the circulators for each
set of signaturepapers) are not attached to the
papers at the time of filing of petition with the
clerk of the council. Each affidavit shall attest to
the effect that: a particular individual personally
circulated an identifiable set of papers; each paper
bears a stated number of signatures; each signature
on a paper was affixed in the circulator's presence;
each signature is the genuine signature of the person
whose name it purports to be.
(d) Individual signatures maybe withdrawn within fifteen days
after the filing of an initiative or referendum petition with the
clerk of the council by the filing of a written request therefor,
by the individual, with the clerk of the council.
Section 1[110-6. Initiative and Referendum: Procedure after
Filing.
(a) Within twenty days after the filing of an initiative or
referendum petition, the clerk of the council shall complete a
certificate as to the sufficiency of the petition.
As soon as a certificate is completed, the clerk shall notify
the petitioners' committee of the contents of the certificate.
If a petition is certified sufficient the clerk shall 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 petitioners' committee elects to
amend its petition, then within ten days after receipt of the
clerk's certificate, the committee shall file a supplementary
petition upon additional papers. • The supplementary petition
shall be governed by the same requirements as for an original
petition. Within five days after the filing of a supplemental
petition, the clerk shall complete a second certificate as to
the sufficiency of the original petition as amended by the
supplementary petition. Thereafter, theprocedural requirements
for the petition as amended shall be the same as that for the
original petition as provided in subsection (a), this section.
(c) A majority of the petitioners' committee may request the
county council to review a 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 determinationof 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 1[1]0-7. County Council Action on Petitions.
(a) The county council shall proceed immediately to consider
an initiative or referendum petition which has been determined
sufficient in accordance with the provisions of this article.
If an initiative petition is concerned, the ordinance it proposes
shall at once be introduced subject to the procedures required for
ordinances under Sections 3-.[9]10 and 3-[11]12 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 adopt an initiative proposal or
adopts a proposal with an amendment unfavorable to a majority
of the petitioners' committee, or if the council fails to repeal
an ordinance reconsidered pursuant to a referendum petition, it
shall submit the originally proposed initiative ordinance or refer
the reconsidered ordinance concerned to the voters of the county
at the next general election. The ballot for such measures shall
contain an objective summary of the substance of the measure and
shall have below the ballot title designated spaces in which to
mark a ballot FOR or AGAINST the measure.
Section 1[1]0-8. 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 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.
Section 1[1)0-9. Results of Election. If a majority of the
voters voting upon a proposed initiative ordinance shall vote in
favor of it, the ordinance involved shall thereupon be an ordinance
of the county. A referred ordinance which is not approved by a
majority of the voters voting on it shall thereupon be repealed.
v
ARTICLE XI
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 11-1.1. Recall Procedure. In addition to impeachment
,procedures, any elective officer may be removed from office by
the voters of the county. The procedure to effect such removal
shall be in accordance with this article.
A petition demanding that the question of removing such official
be submitted to the voters shall be addressed to the council and
filed with the county clerk.
(a) A petition demanding recall of an official elected at -large,
or by voters of the entire county, as the case may be, shall be
signed by not less than twenty-five percent of the total number of
persons who registered in the last general election.
(b) A petition demanding recall of a district councilman shall
be signed by not less than twenty-five percent of the total
number of persons who registered in his district in the last
general election.
Section 11-1.2. 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 11-1.3. Signatures. Each signer of a recall petition
shall print his name, add his signature, his residence address,
his social security number and the date of signing on said petition.
To each such petition paper there shall be attached an affidavit
of the circulator thereof, stating the number of signers to such
part of the petition and that each signature appended to the paper
was made in his presence and is believed to be the genuine signa-
ture of the person whose name it purports to be, and that each
signer understood the nature of the recall petition.
Section 11-1.4. Filing and Certification. All papers comprising
a recall petition shall be assembled and filed with the county clerk
as one instrument within thirty (30) days after the filing, with
the clerk, of the affidavit stating the name and office of the
officer sought to be removed. Within twenty days from the date
of the filing of such petition, the clerk shall determine the
sufficiency thereof and attach thereto a certificate showing the
result of his examination. If the clerk, shall certify that the
petition is insufficient, he shall set forth in the certificate
the particulars in which the petition is defective, and shall
return a copy of the certificate to the person designated in
such petition to receive it.
Section 11-1.5. Supplemental Petitions. In the event the initial
petition contained insufficient signatures, such recall petition
maybe supportedbysupplemental signatures of voters signed in the
manner required in Section 11-1.3 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 certi-
ficate of insufficiency by the clerk. The clerk shall within
five 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 11-1.4 of this article to the person desig-
nated in such petition to receive the same, and no new petition
for the recall of the officer sought to be removed shall be filed
within one year thereafter.
Section 11-1.6. Recall Election. If a recall petition or
supplemental petition shall be certified by the clerk to be
sufficient, he shall at once submit the same with his certifi-
cate to the council and shall notify the officer sought to be
recalled of such action. If the official whose removal is sought
does not resign within ten (10) days after such notice, the
council shall thereupon order and fix a day for holding a recall
election. Any such election shall be held not less than sixty
(6 0) nor more than ninety (9 0) days after the petition has
been presented to the council, oratthe.. same.. time as any. other
special election held within such period, the council -shall call
a special recall election to be held within the time aforesaid.
If less than fifty percent of the total number of persons who
registered in the last general election shall vote at such election
to recall an official elected at -large, or by voters of the entire
county, as the case may be, or in the case of a recall of a district
councilman, if less than fifty percent of the total number of
persons who registered in his district in the last general
election shall vote at such recall election, the officer sought
to be recalled shall not be deemed recalled.
Section 11-1.7. Ballots. The ballots at such recall election
shall, with respect to each person whose removal is sought,
submit the question: "Shall (name of person) be removed from
the office of (name of office) by recall?" If a majority of
the electors qualified to vote on the question at a recall
election vote "Yes", the elected officer shall be deemed recalled
and removed from office, subject to the provisions of Section
11-1.6 of this article.
Section 11-1.8. Succeeding Officer. The incumbent, if not
recalled in such election, shall continue in office for the
remainder of his unexpired term subject to the recall as before,
except as provided in this charter. If recalled in the recall
election, he shall be deemed removed from office upon the
announcement of the official canvass of that election, and the
office shall be filled as provided by this charter for the filling
of vacancies of elected officials. The successor of any persons
so removed shall hold office during the unexpired term of his
predecessor.
Section 11-1.9.. Immunity to Recall. The question of the removal
of any officer shall not be submitted to the voters until such
person- has served six (6) months of the term during which he is
sought to be recalled, nor, in case of an officer retained in
a recall election, until one year after that election.
CHAPTER 2
IMPEACHMENT
Section 11-2.1. Impeachment of Elected Officers. Any elected
officer or officer appointed to a vacancy in any elected office
may be impeached for malfeasance, misfeasance, nonfeasance, or
maladministration in office. The circuit court shall be a court
of impeachment for the trial of any such officer who may be charged
on any of the foregoing grounds. The charges shall be set forth
in detail in writing in a verified petition for impeachment signed
by not less than one hundred (100) qualified electors of the
county.
The court shall sit without a jury and shall proceed according
to the form required for the trial of all civil cases.
If the court sustains the charge, the officer shall be deemed
removed from office and the office declared vacant under this
charter.
ARTICLE XII
[SPECIAL ASSESSMENT IMPROVEMENTS
Section 12-1. Improvements by Special Assessments. The council
shall enact the provisions of Part IX, Chapter 146 of the Revised
Laws of Hawaii 1955, as amended, as a county ordinance. No
_changes, however, shall be made by the council regarding any
matter under the control of the Department of Water Supply_
without the prior approval of the department. Exemptions from
special assessments and reimbursement of costs to the county
shall be as provided by law.]
ARTICLE XII
GENERAL PROVISIONS
Section 1[3)2-1. Definitions . As used in this charter:
(a) "Agency" means any office, department, board, commission
or other governmental unit of the county.
- (b) "Executive Agency" means any agency or department of the
executive branch of the county government.
(c) "Employee" means any person, except an officer, employed
by the county or any agency thereof but the term shall not
include an independent contractor.
(d) "Officer" includes the following:
(1) Mayor and members of the council.,
(2) Any person elected or -appointed as administrative head
of any agency of the county or appointed as a member
of any board or commission provided for in this
charter.
(3) Any person appointed by a board or commission as the
'administrative head of any agency of the county.
(4) Deputy, assistant or division .chief appointed by the
administrative head of any agency of the county.
(5) Assistant or deputiesof the corporation counsel
and prosecuting attorney.
(e) ["District" means the geographical area or election
district in ..the County of Hawaii as described in Section 10-1,
Revised Laws of Hawaii 1955, and does not mean representative
districts.]
"State" means the State of Hawaii.
(f) "Vacancy" shall have the following meaning:
Any elective office shall become vacant on the happening
of any one of the following. events before expiration of the term:
(1) Death.
(2) Resignation.
(3) Upon the determination by the County Clerk that the
officer was not a duly qualified elector of the
county, and, if required, not a duly qualified
elector of the district of which he was elected
immediately preceding his election or appointment.
(4) Ceasing to be a resident voter of the county as
determined by the County Clerk, and in the case of
an officer elected to a seat requiring residency in
a district, ceasing to be a resident voter of that
district as determined by the County Clerk.
(5) Absence from the county, unless on county authorized
business, for a period of three consecutive months,
without good cause.
(6) Removal by recall as provided by this charter.
(7) Removal by impeachment proceedings for malfeasance,
misfeasance, nonfeasance, or maladministration in
office as provided by this charter.
(8) Upon the determination by three impartial, licensed
physicians selected by the council that the officer
is mentally or physically infirm or disabled and will
be unable to discharge his duties for the remainder
of the term. Such action shall be initiated by a
majority vote of the entire council.
(9) Upon filing nomination papers for another elective
office during his own term of office.
(10) Upon the conviction of any felony in any jurisdiction.
If any of the above -events occurs a ter a ection, ut prior to
the commencement of the term, the office is vacant at the time
the term commences.
Section 1[3]2-2. Titles, Subtitles, Personal Pronouns; Construc-
tions. Titles and subtitles shall not be used for purposes of,
construing this charter. When any personal pronoun appears in
this charter, it shall be construed to mean either sex.
Section 1[3]2-3. 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 investiga-
tion that the person to be appointed is fully qualified by
experience and ability to perform the duties of his office or
position.
Section 1[3]2-4. Boards and Commissions. Except as otherwise
provided in this charter, [A] all boards .and commissions specifi-
cally established by this charter shall be governed by the
following provisions:
(a) The members shall serve staggered terms of five years.
Upon the initial appointment of the members of a commission
consisting of five members, one shall be appointed for a term
of one year, one for a term of two years,one for a term of
three years, one for a.term of four years, and one for a term
of five years. Upon the initial appointment of the members of
a commission consisting of seven members, one shall be appointed
for a term of one year, one for a term of two years, two for a
term of three years, two for a term of four years, and one for
a term of five years. Upon the initial appointment of a
commission consisting of nine members, one shall be appointed
to a term of one year, two for a term of two years,two for a
term of. three years, two for a term of four years, and two for
a term of five years.
(b) The members shall be appointed 'by the mayor,. [with the
approval of] and confirmed by the council, and may be removed
upon recommendation by the mayor and the approval of the
council.
(c) No member shall be eligible for a second appointment to
the same ..board or commission prior to the expiration of two
years, provided that members of any board or commission initially
appointed for a term of one year and two years shall be eligible
to succeed themselves for an additional term.
(d) No member whose term has expired shall continue to serve
on such board or commission.
(e) Any vacancy occurring in any board or commission shall
be filled for the unexpired term.
(f) [Except as otherwise provided in this Charter, n]Not
more than a bare majority of the members shall belong to the
same political party.
(g) Members shall receive no compensation but shall be
reimbursed for necessary expenses incurred in the performance
of their duties. Necessary expenses may be paid in advance as
per diem allowance which shall be established by ordinance.
Members of boards and commissions who do not receive compensation
from their employers during the time they are serving on boards
and commissions shall be reimbursed by the County for actual
work hours lost at the straight time rate of pay of such
members in their regular employment but in no case shall such
reimbursement exceed five times the state minimum wage hour
rate.
(h) A chairman shall be elected from its membership annually.
(i) The affirmative vote of a majority of the entire member-
ship shall be necessary to make any action of a board or commis-
sion valid; provided, that in the case of advisory board or
commission the affirmative vote of a majority of those present
shall be sufficient to make any action valid.
(j) Each board and commission shall have power to establish
its rules of procedure necessary for the conduct ofits business,
which rules shall contain the time and place of all regular
meetings.
(k) Notwithstanding any other provision in this charter, no
person shall, by reason of his occupation alone, be barred from
serving as a member of any board or commission.
Section 1[3]2-5. Oaths of Office. Before entering upon the duties
of his officeeach. officer elected or appointed shall subscribe
to the oath or affirmation before some person duly qualified
to administer oaths:
"I do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States of America, and
the Constitution of the State of Hawaii, and that I will faith-
fully discharge my duties as . . . to the best of my ability."
Section 1[3]2-6. Bonding Officers. The director of finance
and such other county officers or employees as the council may
require shall furnish. bonds in the amount and with the surety
prescribed by the council by ordinance. The premiums on such
bonds shall be paid by the county.
Section 1[3]2-7. 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 1[3]2-8. Term of Office of Department Heads. The terms
of office of department heads, deputies and assistants shall be
co -terminous with that of the appointing authority; provided,
that where a successor has not been appointed and qualified, a
department head, deputy or assistant, as the case may be, shall
continue in office pending such appointment and qualification.
Section 1[3]2-9. Non -Civil Service Status and Classification.
From and after the full effective date of this charter, no
employee or officer of the county who is exempt from the civil
service laws shall have his position included in a position
classification plan established under the civil service laws.
Section 1[3]2-10. Prohibitions. No person who seeks appoint-
ment or promotion with respect to any county position or appointive
county administrative office shall directly or indirectly give,
render or pay any money, service or other valuable thing to any
person for or in connection with his test, appointment, proposed
appointment, promotion or proposed promotion.
From and after the effective date of this charter no person who
has the power of appointment under this charter or ordinance
enacted pursuant thereto shall appoint, employ, promote or
advance an individual who is a relative of the appointing
authority to any office or position under his supervision;
provided, that the provision of this paragraph shall not be
construed to prohibit the appointment of a relative whose name
appears on the eligibility list submitted by the Director of
[Personnel] Civil Service[s] in accordance with the civil service.
laws and the rules and regulations promulgated pursuant thereto.
The word "relative" as used in this section shall mean an
individual who is related to the appointing authority as father,
mother, son,daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, step-
father, step -mother, step -son, step -brother, step -daughter, step-
sister, half-brother, or half-sister.
Section 1[3]2-11. Penalties. The council shall by ordinance
provide for the punishment of violations of any provisions of ,
this charter and may provide for punishment of violations of
ordinances and regulations, but no penalty shall exceed the
amount of one thousand dollars fine or one year's imprisonment,
or both. Prosecution in such case shall be as provided by law
for the prosecution of misdemeanors.
Section 1[3]2-12. Acceptance of Gifts or Donations. The council,
on behalf of the county, may accept gifts of donations of money,
securities or other personal property or of real estate or any
interest in real estate.
Section 1[3]2-13. Contracts. The county may enter into contracts
with private parties, other counties, the State or the United
States for the performance of any function or activity which
the county is authorized to perform. All written contracts to
which the county is a party shall:
(a) Be approved by the corporation counsel as to form and
legality.
(b) Be authorized by the council by resolution if legislative
action is necessary to implement the contract.
(c) Except as otherwise provided, be signed by the mayor.
(d) Be approved by the director of finance as to the avail-
ability of funds in the amounts and for the purposes set forth
therein if they involve financial obligations of the county.
Such contracts shall not extend beyond the term for which an
appropriation to finance such obligations has been made, except
as otherwise provided by this charter. This provision shall
not apply to obligations for the procurement of utility services.
Section 1[3]2-14. Facsimile Signatures. Whenever any person
is required to sign on behalf of the county negotiable instruments
or multiple bonds, the signature may be a facsimile.
Section 1[3]2-15. Title to Property. Except as otherwise
provided by law, title to all property acquired by any agency
of the county shall be vested in the county.
Section 1[3]2-16. Payment of Moneys Out of the County Treasury.
All disbursements of county -controlled funds shall be made
pursuant to procedures prescribed by the director of finance.
Section 1[3]2-17. Expenses. Subject to procedures prescribed
by the director of finance and approved by the mayor, all
officers and employees of the county shall be entitled to travel
or other necessary expenses in the performance of their official
duties as provided by ordinance.
Section 1[3]2-18. Claims. No action shall be maintained for
the recovery of damages for any injury to persons or property
by reason of negligence or other act of any official or employee
of the county unless a written statement stating fully when,
where and how the injuries occurred, the apparent exten[d]t
thereof and the tentative amount claimed therefor shall have
been filed with the county clerk within [six months] two years
after the date the injury was sustained.
Section 1[3]2-19. Annual Reports. Not later than ninety days
after the close of the fiscal year, each agency of the county
shall make an annual written report of its activities to the
mayor in such form and under such rules as the mayor may pre-
scribe.
Not later than one hundred twenty days after the close of the
fiscal year, the mayor shall publish an annual report concerning
the activities of all agencies of the county. A copy of such
report shall be filed in the office of the county clerk.
Section 1[3]2-20. Records and Meetings Open to the Public.
(a) All books, minutes and records of every agency of the
county shall be open to the inspection of any person at any
time during business hours, except as otherwise provided by
law. Certified copies or extracts from such books and records
shall be given by the officer who has custody of same to any
person requesting such copies and extracts and paying or
tendering a reasonable fee to be fixed by the council.
(b) All meetings of the council, boards and commissions
shall be held in the council meeting room or other public
places and no such bodies shall take any official action except
at a meeting open to the public. Where personal matters affect-
ing the privacy of an individual are to be considered, the
council, board or commission may, at the request of the indivi-
dual involved, consider such matters in closed session; however,
any official action resulting therefrom shall be acted upon in
an open meeting. Boards andcommissions that are empowered
to give examinations to determine the capabilities of indivi-
duals shall be excepted from the provisions of this section
when technical examinations and questionnaires are being drafted
by such bodies.
The term "official action" as used in this section means a
collective decision made by a majority of the members of the
council, board or commission, or an actual vote by a majority
of the members of the council, board or commission, when sitting
as a body or an entity, upon any matter before the council,
board or commission.
(c) The time and place of all regular meetings of the council,
board or commission shall be provided in the rules adopted for
the conduct of its business. Except as otherwise provided in
this charter, a special meeting may be called by the presiding
officer of the council, board or commission when the date, time
and place of such special meeting are announced prior to adjourn-
ment of a regular meeting; otherwise a special meeting can be
called only upon the publication of a notice of such meeting in
a newspaper of general circulation in this county at least
twenty-four hours in advance of such meeting. If the require-
ment 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 conspic-
uously posted on the bulletin board of the Hawaii County Building.
A brief resume of the principal business to be taken up at such
meeting shall be stated in the posted notice as well as in the
notice released to the news media.
(d) Business conducted by the council, board or commission
during a meeting which does not conform to the provisions of
this section shall be null and void.
(e) News Gatherer's Sources, Privileged. No legislative or
administrative body, or any other County body having the power
to issue subpoenas shall adjudge in contempt any publisher,
editor or reporter, who is or was connected with or employed by
a newspaper, press association, wire service, or a radio or
television station, for refusing to disclose, in any County
action, hearing, investigation, inquest, or inquiry, the source
of any information procured while connected or employed by the
newspaper, press association, wire service, or station for
publication in a newspaper or for news or news commentary
purposes on radio or television. (As amended by Ordinance No.
58, effective Nov. 26, 1974).
Section 1[3]2-21. Cooperation with Other Agencies. In the
performance of its functions, each agency of the county shall
cooperate with private agencies and with agencies of the govern-
ments of the United States, the State and other states and with
any of their political subdivisions having similar functions.
Section 1[3]2-22. Coordination of Work. The mayor shall devise
a practical and working basis for the cooperation and coordination
of work by the various agencies to eliminate -duplication and
overlapping of functions, and such agencies shall, so far as
practicable, cooperate with each other in the use of employees,
land, building, quarters, facilities and equipment. The head
of any agency may empower or require an employee of another agency,
subject to the consent of the head of such other agency, to
perform any duty which he might require of the employees of his
agency. Whenever in this charter power is vested in an agency
to inspect, examine or secure data or information or to procure
assistance from any other agency, a duty is hereby imposed upon
the agency upon which demand is made to render such power
effective.
Section 1[3]2-23. Declaration of Emergencies. The mayor may
declare emergencies when the peace, life, property, health,
safety or morals of the community are endangered, but his failure
or refusal to make such a declaration shall not preclude the
council from finding that an emergency exists.
Section 1[3]2-24. Waiver of Charter Provisions. If any
provision of this charter jeopardizes the receipt by the county
of any federal grant-in-aid or other federal allotment of money,
such provision, may, insofar as such fund is jeopardized, be
waived by the council upon recommendation of the mayor. Waiver
shall be accomplished by ordinanceadopted as prescribed in
Section 3-[11]12 except that duly advertised public hearing
shall be held between first and second readings. Such waiver
shall continue in effect only for the period of time required
by the specific grant-in-aid or allotment.
Section 1[3)2-25. Separability. .If any provision of this
charter is held unconstitutional or invalid, the other provisions
of this chartershall not be affected thereby. If the applica-
tion of the charter or of any of its provisions to any person
or circumstance is held unconstitutional or invalid the appli-
cation of the charter and its provisions to other persons or
circumstances shall not be affected thereby.
Section 1[3]2-26. Public Defender. The office of public
defenderr shall be established by ordinance of the council when
there is no other private or public agency which is adequately
performing this function.
Section 1[3]2-27. County Election. No person shall be a
candidate for more than one elective office in the same election,
nor shall a candidate defeated in the primary election seek an
elective office in the general election unless placed on said
ballot as a substitute for a candidate who has expired, with-
drawn or been disqualified. If no person is elected to a
county office, the county council shall appoint a person to
fill such office. [Should any person holding an elective
county office file nomination papers for another elective
office during an off -county election or special election, his
office shall thereupon become vacant.] County elections shall
be conducted in accordance with the election laws of the State
insofar as applicable.
417
{
ARTICLE XIII
CODE OF ETHICS
Section 1[4]3-1. Enactment. The council shall adopt by ordi-
nance a code of ethics which shall provide as a minimum standard
the provisions of this article. More stringent provisions may
be enacted.
Section 1[4]3-2. Standards. It shall constitute a conflict
of interest for any employee or officer of the county to:
(a) Solicit or accept any gift, loan, gratuity, favor, promise
or service with the understanding that the same may influence
him in the proper discharge of his official duties.
(b) Use his official position to secure special privileges,
consideration, treatment or exemption to himself or any person
beyond that which is available to every other person.
(c) [Disclose confidential information gained by reason of
his official position or use such information for the personal
gain or benefit of himself or anyone else.]
[(d)] Engage in any business, transaction or activity or have
a financial interest, direct or indirect, which might reasonably
tend to be incompatible with the proper discharge of his official
duties or to impair his independence of judg[e]ment in the
performance of his official duties.
([e]d) Receive any compensation for his services as an officer
or employee of the county from any other source other than the
county, except as otherwise provided by this charter or by law.
([f]e) Appear in behalf of private interests for compensation
before any agency of the county other than a court of law, nor
represent private interests in any action or proceeding against
the interest of the county in any litigation to which the county
is a party. An officer serving the county without compensation,
however, may appear for compensation in behalf of private
interests before county agencies other than the one on which he
serves and other than those agencies that have the power to
review the actions of the agency on which he serves, or to act
on the same subject matter as the agency on which he serves.
([g]f) Accept a retainer, compensation or election campaign
contribution that is contingent upon action by a county agency.
Section 1[4]3-3. Disclosure of Interest. It shall be incumbent
upon all employees or officers of the county to:
(a) Make full disclosure in writing to his appointing authority
or to the council in the case of an elective officer, the posses-
sion or acquisition of any interests, financial or otherwise as
might reasonably tend to create a conflict with the public inter-
est. Any member of the council who knows that he has a personal
interest, direct or indirect,in any action proposed or pending
before the council shall disclose such interest prior to the
taking of any vote thereon.
(b) File a copy of such disclosure with the county clerk
which shall become a matter of public record.
Section 1[4]3-4. Conduct of Employees. Officers and employees
of the county while discharging their duties and dealing with
the public shall adhere to the following precepts:
(a) All public property and equipment are to be treated as
a public trust and are not to be used in a proprietary manner
or for the personal purposes without proper consent.
(b) No person in a supervisory capacity shall engage in
personal or business relationships with subordinates which might
intimidate said subordinates in the discharge of their official
duties.
(c) All persons shall be treated in a courteous, fair and
impartial manner.
Section 1[4]3-5. Board of Ethics. There shall be a board of
ethics appointed by the mayor with the approval of the council.,
It shall consist of five members who shall be residents of the
county. Each shall serve for a term . of five years. Upon the
initial appointment of members pursuant to this charter, one
shall be appointed for a term of one year, one for a term of
_two years, one for a term of three years, one for a term of
four years and one for a term of five years. The committee_
shall establish its rules of procedure. Without limitation
of its functions, the committee shall:
(a) Interpret the code of ethics for both county officials
and the public and on its own may initiate and render opinions
with respect thereto.
(b) Render advisory opinions to county officers and employees
with respect to the code of ethics pursuant to written requests
by officers and employees.
(c) Receive and initiate complaints of violations of the code
of ethics and transmit such complaints to the council or the
appropriate appointing authority, along with any pertinent
advisory opinions thereto.
(d) Hold hearings or conduct investigations concerning
application of the code of ethics and make public such violations
of the code that come to its attention.
(e) Publish advisory opinions with such deletions as may be
necessary to prevent disclosure of identity of persons involved
where such opinions are rendered pursuant to subsection (b) above.
(f) Propose revisions to the code of ethics where not incon-
sistent with this charter.
Section 1[4]3-6. Penalties. The failure to comply with the
provisions of section 1[4]3-2. to 1[4]3-4, inclusive, shall
constitute a cause for suspension, removal from office or
employment, or such other penalty as the council may prescribe
by ordinance. Nothing herein shall preclude any other remedy
available against the officer or employee of the county as
provided by law.
ARTICLE XIV
CHARTER AMENDMENT OR REVISION
Section 1[5].4-1. Initiation of Amendments or Revisions. Amend-
ments or revisions of this charter may be initiated only in the
following manner:
_ (a) By ordinance of the council adopted after three readings
on separate days and passed by the affirmative vote of two-thirds
of the entire membership.
(b) By petition presented to the council, signed by qualified
electors equal in number to at least twenty percent of the
registered voters for the last preceding general election, setting
forth the proposed amendments or revisions. Such petition shall
designate and authorize not less than three nor more than five
of the signers thereto to approve any alteration or change in
the form or language or any restatement of the text of the
proposed amendments or revisions which may be made by the
corporation counsel.
Each elector signing such petition shall print his name, add
[to] hissignature, his residence address, his social security
number and the date of signing on said petition. Signatures.
may be on separatesheets but each sheet shall have appended
to it the affidavit of some person that to the best of the
affiant's knowledge and belief the persons whose signatures
appear on the sheet are registered electors of the county, that
they signed with knowledge of the contents of the petition and
that their residences are correctly given.
Upon filing of such petition with the council, the county
clerk shall examine the same to see whether it contains a
sufficient number of apparently genuine signatures of registered
voters. The clerk may question the genuineness of any signature
or signatures appearing on the petition and if he finds that any
such signature or signatures are not genuine, he shalldisregard
them in determining whether the petition contains a sufficient
number of signatures. The clerk shall eliminate any sheet of
the petition which is not accompanied by the required affidavit.
The invalidity of any sheet shall not affect the validity of
the petition if a sufficient number of signatures remains after
eliminating such invalid sheet. The clerk shall complete his.
examination of the petition within [fifteen] twenty days.
Section 1[5]4-2. Elections to be Called. Upon adoption of an
ordinance proposing amendments or revisions of this charter, or
upon the determination by the clerk that a petition for
proposed amendments or revisions of this charter contains the
required number of signatures, the council shall by resolution
provide that the proposed amendments or revisions be submitted
to the electors of the county for approval at the next general
election. Any such resolution shall provide for the publication
of the full text of the proposed amendments or revisions in a
daily newspaper of general circulation in the county at least
forty-five days prior to submission to the electors of the county.
Section 1[5]4-3. Mandatory Charter Reviews. The charter shall
be reviewed in 1989 and every tenth year thereafter. Not later
than the fifteenth day_o.f January of the charter review year,
[Ten years after the radification of the charter and at inter-
vals of ten years thereafter,] the mayor with the [approval]
confirmation of the council, shall appoint a charter commission
composed of eleven members [representing the various geographical
areas of the county] 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
5V
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 amend-
ments 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 elec-
tors of the county at either [a general or] a special election
as determined by the commission or at the first general
election following the charter review year.
The commission shall publish not less than forty-five days
before any election, at least once in a daily newspaper of
general circulation within the county, a brief digest of the
amendments or. charter and the purpose thereof and a notice
to the electorate that copies of the amendments or charter
are available at the office of the county clerk.
Members of the commission shall hold office until the amend-
ments 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.
ARTICLE XV
TRANSITIONAL PROVISIONS
Section 1[6]5-1. Schedule. [Upon] After its ra [d] tification
by the electorate, this charter, as amended, shall [be in effect
to the extent necessary in order that the first election of
members of the county council, mayor and public prosecutor may
be conducted in accordance with the applicable provisions of
this charter and the election laws of the State. The first
fiscal year of the county under the charter shall begin on the
first day of July, 1969, and end on the last day of. June, 1970.
Except as otherwise provided, this charter shall take effect at
twelve o'clock meridian January 2, 1969. For the first election
under this charter, all elected officials shall commence their
term of office at twelve o'clock meridian on January 2, 1969]
take full effect on January.1, 1980.
Section 1[6]5-2. Initial Election Under the Charter. The first
county primary and general elections under this charter shall be
held in the year 19[68]80.
Section 1[6]5-3. Existing Laws and Conflicting Laws. All laws,
ordinances, resolutions, rules and regulations in force at the
time this charter takes full effect, and not in conflict or
inconsistent with this charter, are hereby continued in force
until repealed, amended or superseded by proper authority. All
laws relating to or affecting this county or its agencies,
officers or employees, and all county ordinances, resolutions,
orders and regulations which are in force when this charter
takes full effect are repealed to the extent that they are
inconsistent with or interfere with the effective operation of
this charter [of] or ordinances or resolutions adopted by the
county council under the provisions of this charter.
Section 1[6]5-4. Status of Agencies and Transfer of Functions.
When this charter takes full effect:
(a) All offices, departments, boards and commissions, the e status
of which are not specifically changed or abolished by this charter,
are hereby recognized, continued and established and shall have
such powers, duties and functions as provided by law or ordinance.
[The terms of office of incumbent m]M_embers of [all] the various
boards and commissions, excluding the Hawaii Redevelopment Agency,
holding office at the effective date of this charter shall continue
in office unless they resign or until their terms of office shall
expire, at which time new members [are] shall be appointed in
accordance with this charter [but in no event shall such terms
continue beyond twelve months after the full effective date of
this charter] .
(b) [The office of the county auditor, office of the county
purchasing agent and the office of the county treasurer shall
stand abolished and their functions shall be transferred to the
department of finance.]
The Public Works Board of Appeals and the Board of Appeals
under the Planning Department shall stand abolished and their
functions transferred to the extent provided in Section 5-7.3.
(c) [The offices of the elected county clerk and county
attorney shall stand abolished.]
The Water Commission shall stand abolished and its functions
transferred to the Board of Water Supply to the extent provided in
Section 5-6.4.
(d) Each county civil service employee affected by the status
of agencies and transfer of functions under this charter shall be
assigned to other agencies or executive agencies in the county
without any loss in pay, provided he had held his position for at
least one year prior to the full effective date of this charter.
When an employee's position which has been so affected becomes
vacant, that position shall stand abolished unless the position
is permanently created in the table of organization of the
agency or executive agency concerned.
(e) Nothing in this charter shall be deemed to affect the
civil service status of any incumbent department head or deputy
_in government service prior to the adoption of this charter,
and each shall continue to exercise and discharge the powers
and duties of his respective office until such time as his office
becomes vacant and his successor shall have qualified in accordance
with this charter or laws and ordinances enacted pursuant thereto.
(f) Every non -civil service officer, deputy, assistant or
bureau head affected by the status of agencies and transfer of
functions under this charter may be absorbed into a permanent
civil service position in the same division or other agencies or
executive agencies as a consequence of the reorganization provi-
sions of this charter without loss of vacation or sick leave
allowance, service credit or other rights and privileges and with-
out the necessity of examination; provided, that such officer,
deputy, assistant or bureau head possess the minimum qualifications
for the position to which he is transferred or appointed. The
method and procedure for such .appointment or transfer shall be
established by resolution or ordinance. The provision of this
subsection relating to civil service status shall not apply to
any officer, deputy, assistant or bureau head who is appointed
as a deputy or assistant to the administrative head of any
agency under this charter.
(g) Every non -civil service employee or officer who is not
transferred or appointed and whose employment is terminated as
a consequence of the reorganization provisions of the charter
shall have the right to have his name placed on appropriate re-
employment lists and shall be deemed eligible for certification
to positions in the class in which he last occupied or in a
related class in the same or lower grade for which he meets the
qualification requirements; provided, that he files a written
application for re-employment with the Department of [Personnel]
Civil Service[s] within thirty days after the termination of
his employment. Such certification shall expire three years
after the effective date of this charter.
[(h) Within twelve months after the full effective date of
this charter, the mayor shall recommend and the council shall,
by ordinance, adopt a complete plan of administrative organization
of the agencies of the county government, which plan shall be
consistent with the provisions of this charter.]
[Section 16-5. Temporary Budget and Capital Program. For the
period January 2, 1969, to June 30, 1969, the mayor shall submit,
and the council shall adopt, with or without amendments, a
temporary current expense budget and a capital program based on
the revenues anticipated during said period. Until the adoption
of such temporary current expense budget and capital program,
the then existing budget and capital program, shall remain in
effect.]
Section 1[6-6]5-5.. Transfer of Records and Property. All
records, property and equipment whatsoever of any office, depart-
ment, board or commission,, the functions of which are assigned to
another agency by this charter, shall be transferred and delivered
to the agency to which such functions are so assigned.
Section 1[6-7]5-6. Status of Present Employees. No loss of
vacation allowances, service credits or other rights and
privileges on the part of any officer or employee in the civil
service shall be caused by the adoption of this charter, but
nothing contained herein shall be construed to prevent future
changes in status pursuant to civil service laws.
Section 1[6-8]5-7. Department Heads Continued in Office. Not-
withstanding any provision to the contrary, each deaprtment head
(including elected department heads and department heads appointed
by boards or comm[m] issions) holding office when this charter
takes full effect shall continue in office until his successor
takes office or until he is removed pursuant to the provisions
of this charter.
Section 1[6-9]5-8. Pending Proceedings. A1_1 petitions,
hearings and other proceedings pending before any office, depart-
ment, board or commission and not completed at the effective date
of this charter shall continue and remain in full force and
effect and shall be completed before or by the office, department,
board or commission which succeeds to the powers andfunctions of
such office, department, board or commission.
Section 1[6-10]5-9. Lawful Obligations of the County. All
lawful obligations of the county existing on the effective date
of this charter and all fines, taxes, penalties, forfeitures,
obligations and rights due, owing or accru[rling to the county
and all writs, prosecutions, actions and proceedings by or
against the county shall remain unaffected by the adoption of
this charter.
Section 1[6-11]5-10. Hawaii Redevelopment Agency. The status
of the Hawaii Redevelopment Agency shall not be affected by this
charter.
[Section 16-12. Salaries.
(a) The initial salaries of all elective officials shall be:
(1) Mayor, $25,500.00 annually
(2) Councilman, $7,200.00 annually
(3) Prosecuting Attorney, $16,500.00 annually
(b) The initial salaries of all appointive officials under the
charter shall be established by the board of supervisors after
the radification of the charter by the electorate, but the first
reading on said salary ordinance shall be prior to September 1,
1968, and the second and final reading of said ordinance shall be
held within thirty days of the first reading. All salaries in
this section shall take effect on the full effective date of
the charter.]
[Section 16-13. Existing County Seal. Until a new county seal
shall have been adopted by the county council, the existing
county seal shall be the official seal of the county.]