The URL can be used to link to this page

Home My WebLink AboutBIL 180 Draft 01 2020-2022 Hawaii County Council-43 June 15,2022 Bill 179: AMENDS ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO TERMS OF OFFICE OF DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER THE MANAGING DIRECTOR Provides that within 60 days of the County Council term beginning on December 5, 2022, and within 60 days of the beginning of every alternate Council term thereafter, that all department heads appointed by the Mayor and approved by the Council appear before the Council for a vote to retain each department head. Reference: Comm. 818 Intr. by: Mr. Chung Approve: GOREDC-25 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter PASSED 1ST OF THREE REQUIRED READINGS: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. (Note: Mr. Richards voted "kanalua"then "aye.") Bill 180: INITIATES AN AMENDMENT TO ARTICLE VIII OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO THE WATER BOARD AND THE DEPARTMENT OF WATER SUPPLY Adds a representative from the Department of Hawaiian Homelands to serve as an ex-officio member of the Water Board, requires the Manager-Chief Engineer to submit an annual report to the County Council, and establishes protection for Native Hawaiian water rights and Native Hawaiian law training for members of the Water Board and certain personnel of the Department of Water Supply. Reference: Comm. 819 Intr. by: Mr. Kaneali`i-Kleinfelder Negative: RAWEEMC-15 (Due to a vote of 2-ayes, 6-noes, 1-absent) 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter (Vote on Bill 180 is on the next page.) Page 12 Hawaii County Council-43 June 15,2022 FAILED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Villegas, and Chair David—4. Noes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, and Richards —5. Absent: None. Excused: None. (Note: Ms. David voted "kanalua"then "aye." Ms. Kimball voted"kanalua"then "no.") ORDER OF THE DAY(SECOND OR FINAL READING) Bill 159: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022 Adds the Parks and Recreation Hawaiian Paradise Park District Park—Fair Share project($235,000)to the Capital Budget. Funds for this project shall be provided from Fair Share funds and be used for costs associated with planning, design, and an environmental assessment. Reference: Comm. 746 Intr. by: Ms. Kierkiewicz First Reading: June 1, 2022 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter PASSED 2ND AND FINAL READING: Ayes: Council Members Inaba, KAneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—6. Noes: Council Members Chung, Kimball, and Villegas—3. Absent: None. Excused: None. Page 13 OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i • - ROLL CALL VOTE Introduced By: Matt Kaneali i Kleinfelder Date Introduced: June 15, 2022 AYES NOES ABS EX First Reading: June 15, 2 0 2 2 g Chung X Published: N/A David X Inaba X REMARKS. Kaneali'i-Kleinfelder X FAILED DUE TO INSUFFICIENT VOTE Kierkiewicz X Kimball X Lee Loy X Richards X Villegas X Second Reading: N/A 4 5 0 0 To Mayor: Returned: ROLL CALL VOTE Effective: AYES NOES ABS EX Published: Chung REMARKS: David Inaba Kaneali'i-Kleinfelder Kierkiewicz Kimball Lee Loy Richards Villegas 0 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERSON Approved/Disapproved this day of , 20 COUNTY CLERK 180 Bill No.: MAYOR, COUNTY OF HAWAII C-819/RAWEEMC-15 Reference: Ord No.: I I I ilMt:•®s ga?� i COUNTY OF HAWAIJ STATE OF HAWAVI 4Tp'CP'My,•l� BILL NO. 180 ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE VIII OF THE HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE WATER BOARD AND THE DEPARTMENT OF WATER SUPPLY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article VIII, section 8-2, of the Hawaii County Charter(2020 Edition) is amended to read as follows: "Section 8-2. Water Board. The water board 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. Each of the nine council districts shall be represented by a resident appointed from that district. The manager-chief engineer of the department of water supply, a Department of Hawaiian Homelands representative, the planning director and the director of public works or their designated representatives shall serve as ex-officio members of the water board without power to vote. The water board 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 board. (e) Have the authority to issue revenue bonds under the name of the water board. (f) Have such other powers and duties as may be provided by law. fg) Act in accordance with Section 13-29 and the relevant Public Trust Doctrine provisions of the Constitution of the State of Hawai`i." i 3 3 I I SECTION 2. Article VIII, section 8-3, of the Hawaii County Charter (2020 Edition) is amended to read as follows: "Section 8-3. Manager-Chief Engineer and Deputy. (a) The manager-chief engineer of the department of water supply shall be appointed by the water board and may be removed by the water board. Any motion for removal of the manager of the department of water supply must contain a statement of reasons, and the board shall not vote to remove the manager of the department of water supply unless the manager of the department of water supply has been given an opportunity to respond to the statement of reasons at a hearing before the board. (b) The deputy shall be appointed by the manager-chief engineer with the confirmation of the water board and may be removed by the manager-chief engineer with the approval of the water board. (c) The manager-chief engineer shall be a registered engineer and shall have had a minimum of five years of experience in an administrative capacity. The manager-chief engineer shall provide an annual report to the council within ninety days after the close of each fiscal year. The report shall include but not be limited to department priorities, annual budget, an inventory of real property held by the department I as fee simple or lease, any proposed updates to the department rules and regulations, and the status of anyapplicable updates to the Hawaii water plan, and the County water use and development plan." SECTION 3. Article VIII of the Hawaii County Charter(2020 Edition) is amended by adding a new section to be appropriately designated and to read as follows: 1 "Section 8- . Native Hawaiian Water Rights. The contents of this article shall not be construed to amend or modify rights or entitlements to water as provided for in section 221 of the Hawaiian Homes Commission Act, 1920, as amended, or the rights customarily and traditionally exercised by Native Hawaiians for subsistence, cultural, and religious purposes in accordance with Article XII, Section 7, of the Constitution of the State of Hawai`i." SECTION 4. Article VIII of the Hawaii County Charter (2020 Edition) is amended by adding a new section to be appropriately designated and to read as follows: "Section 8- . Water Board and Department of Water Supply Staff Training Requirements. In addition to any other training, each water board member, all staff assigned to support the water board, and management-level personnel of the department of water supply shall attend a Native Hawaiian law rights training course administered by the Office of Hawaiian Affairs or its official affiliates. Such training shall occur within one year of a water board member's term of appointment or, in the case of department staff or management-level personnel, within one year from the date of hire. The manager-chief engineer mayqpprove a twelve-month extension to complete this training when the manager-chief engineer determines that extenuating circumstances prevented the timely completion of training," 2 SECTION 5. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawaii,the reviser need not include the underscoring. SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 7. Upon adoption of this ordinance, the Council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii County for approval in the 2022 general election. SECTION 8. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2022 general election, as duly certified. INTRODUCED BY: COUNCIL MEMBER, C TY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Date of 3`d Reading: Effective Date: REFERENCE Comm. 819 3