HomeMy WebLinkAboutBIL 179 Draft 02 2020-2022 Hawaii County Council-44 July 6,2022
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
First Reading: June 15, 2022
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai`i County Charter
AMENDED TO DRAFT 2 AND POSTPONED TO THE CALL OF THE
CHAIR:
Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
OTHER BUSINESS
(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on
agenda items.)
Comm. 721.42: MAYOR'S VETO MESSAGE REGARDING BILL 152, DRAFT 2,
RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND
From Mayor Mitchell D. Roth, dated June 13, 2022, returning Bill 152, Draft 2,
and stating his reason for disapproval.
; and
Comm. 721.43: REQUEST TO RECONSIDER BILL 152, DRAFT 2, RELATING TO THE
COUNTY HOUSING PROGRAM REVOLVING FUND
From Council Members Holeka Goro Inaba and Heather Kimball, dated
June 20, 2022, requesting that Bill 152, Draft 2, be placed on the July 6, 2022,
Council agenda for reconsideration and a potential override of the Mayor's
disapproval.
and
(Bill 152, Draft 2, continues on the next page)
Page 9
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i
Nov Os M�
C-IOUNTY OF G ee ;aSTATE OF G
PE Of.x�Vi
BILL
NO. 179
Draft 2
ORDINANCE NO.
AN ORDINANCE AMENDING A TCLE XIII, SECTION 13-8 OFT E HAWAPI
COUNTY CHARTER(2020), RELATING TO TERMS OF OFFICE OF DEPARTMENT
HEADS IN THE EXECUTIVE BRANCH FORT OSE AGENCIES UNDER THE
MANAGING DIRECTOR.
BE IT ORDAINED BY THE COUNCIL OFT E COUNTY OF HAWAII:
SECTION 1. Article XIII, section 13-8 of the Hawaii County Charter(2020), is
amended to read as follows:
"Section 13-8. Term of Office of Department Heads.
Lq� [The] Except as otherwise provided in subsection(b the term of office of
department heads, deputies and assistants shall be co-terminous with that of the
appointing authority; provided, that where a successor has not been appointed, a
department head, deputy or assistant, as the case may be, shall continue in office
pending such appointment. The council shall confirm or deny confirmation within
sixty days of the appointment of any department head. If the council does not act
within sixty days,the department head shall be deemed to be confirmed. The
department head shall take office upon appointment but shall not continue in office
if the council denies confirmation.
(b) Notwithstanding any provision in this charter to the contrary within sixty dus of
the council term beginning on December 5 2022 and within sixty days of the
beginning of every alternate council term thereafter,the council may,by a two-
thirds vote of the entire membership, deny the retention of the director of any
department who was appoinp ted pursuant to article VI of this charter, excluding the
mana ing director and corporation counsel."
SECTION 2. Charter material to be repealed is bracketed and stricken. 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 brackets,
bracketed and stricken material, and underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall 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 4. Upon adoption of this ordinance,this Council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
in the general election.
SECTION 5. 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, COUNTY bF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm. 818.3
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