HomeMy WebLinkAboutREP GOEAC 098 2023/12/19 (2022-2024)REPORT OF THE
COMMITTEE ON GOVERNMENTAL
OPERATIONS AND EXTERNAL AFFAIRS
DATE: December 19, 2023
PLACE: Council Chambers
Kailua-Kona, Hawaii
TIME: 9:52 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 627/Bill No. 109
Your Committee on Governmental Operations and External Affairs, to which was referred
Bill No. 109, reports as follows:
Bill No. 109, introduced by Council Members Holeka G. Inaba and Rebecca Villegas via
Communication No. 627, dated November 20, 2023, initiates an amendment to amend Article XIII,
Section 13-8 of the Hawaii County Charter (2022 Edition), relating to term of office of department
heads.
This bill proposes to revise the County Charter to require the Mayor to appoint department heads
within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor's
term of office, and further that the department head shall not take office until confirmed by the
County Council.
Member Inaba explained the provisions contained within the bill. Member Villegas shared how her
experience with the most recent mayoral transition justified this proposed Charter amendment.
Member Ashley L. Kierkiewicz asked Corporation Counsel Elizabeth Strance to clarify whether the
term of office of the Corporation Counsel extends beyond that of the appointing Mayor, which the
Corporation Counsel affirmed.
Member Heather L. Kimball inquired how the bill incorporated the positions of deputies and
assistants, and wondered if the timeframe for confirmation could be shortened from 60 to 45 days.
Member Inaba clarified that those positions are under the appointing authority of the respective
directors.
Member Michelle M. Galimba stated her opposition to the bill.
Managing Director Lee Lord provided comments of the bill, including his concern that the outgoing
director and deputies might not elect to stay in their position past the term of office of the Mayor
who had appointed them, leaving those positions vacant until the Council had time to confirm the
new Mayor's appointees. Corporation Counsel stated that that potential circumstance would have to
be investigated further.
GOEAC Report No. 98
GOEAC-98 Page 2 December 19, 2023
Member Villegas cautioned against identifying every potential circumstance and further added that
she thought the hypothetical situation described by Managing Director Lord to be unlikely, to
which Corporation Counsel clarified that there might be legal considerations or duties which
cannot be delegated.
Vice Chair Susan L. K. Lee Loy expressed her willingness to advance this bill to the voters, but
stated that the bill might leave the Mayoral administration in the state of purgatory during that
60-day period prior to confirmation.
Member Inaba thanked the Committee members for their comments, added the possibility of a
future amendment to provide for interim commissions and cited the City and County of Honolulu
as an example.
Member Kaneali`i-Kleinfelder spoke in favor of the bill and analogized the provisions to a
business would require a rollover of leading administrative personnel.
Chair Cindy Evans expressed her support of the bill and emphasized the need for continuity of
operations in government.
Your Committee on Governmental Operations and External Affairs is in accord with the purpose
and intent of Bill No. 109, and recommends its passage on first reading.
E.
AYES
NOES
ABS
EX
EVANS
X
GALIMBA
X
INABA
X
KAGIWADA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY
X
VILLEGAS
X
Respectfully submitted,
COMMITTEE ON GOVERNMENTAL
OPERATIONS AND
EXTERNAL AFFAIRS
CINDY EV ,CHAIR
GOEA PORT NO.: 98
ADOPTED: JAN 1 0 2024