HomeMy WebLinkAboutBIL 179 Draft 02 2020-2022AN ORDINANCE AMENDING ARTICLE XIII, SECTION 13-8 OF THE HAWAI‘I COUNTY CHARTER (2020), RELATING TO TERMS OF OFFICE OF DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER
THE MANAGING DIRECTOR.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Article XIII, section 13-8 of the Hawai‘i County Charter (2020), is amended to read as follows:
“Section 13-8. Term of Office of Department Heads.
(a) [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 days 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 appointed pursuant to
article VI of this charter, excluding the managing 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 Charter material to be repealed is bracketed and stricken.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 Hawai‘i, 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 Hawai‘i 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 OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date: