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HomeMy WebLinkAboutCOM 0627.021 2022-2024 ;�tV.oF k.. . Dr. Holeka Goro Inaba :�•'�� Rebecca Villegas Council Member, District 8, N. Kona n``�/�, : � '/:+%+ Council Member, District 7, Central Kona Office: (808)323-4280 % ' • Office: (808)323-4267 • • Email:holeka.inaba@hawaiicounty.gov == Email:Rebecca.villegas@hawaiicounty.gov •p 'E F O •.... HAWAI`I COUNTY COUNCIL c- County of Hawai West Hawai`i Civic Center, Bldg.A - 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 DATE: February 20, 2024 `�' TO: Heather L. Kimball, Council Chair and Members of the Hawai`i County Council FROM: Holeka Goro Inaba, Council Member c4 „ Rebecca Villegas, Council Member SUBJECT: Proposed Amendment to Bill No. 109, Draft 3; an Ordinance to Initiate an Amendment to Article XIII, Section 13-8 of the Hawai`i County Charter (2022 Edition), Relating to Term of Office of Department Heads. Transmitted herewith is a proposed amendment to Bill No. 109, Draft 3. The proposed amendment is shown below in Ramseyer format with respect to the contents of Bill No. 109, Draft 3; material to be deleted is bracketed and stricken; material to be inserted is underscored. A copy of the new draft of this bill that would result if this proposed amendment were adopted is attached. SECTION 1 of Bill No. 109, Draft 3, which amends article XIII, section 13-8 of the Hawai`i County Charter (2022 Edition), is amended to read as follows: "Section 13-8. Term of Office and Appointment of Department Heads. (a) The term of office of department heads shall be coterminous with that of the [appointing authority;] mayor; provided, that where a successor has not been [confirmed by the council,] appointed, sitting department heads may [hold office until a successor is confirmed.] continue in office pending such appointment. (b) The mayor shall appoint department heads within thirty days of taking office or within sixty days after the occurrence of any vacancy. The council shall act to confirm or reject any appointment of a department head by the mayor within forty- five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (c) [An appointee shall take office upon confirmation by the council, with the exception of the managing director who shall take office upon appointment by the mayor.] • • Comm. Ref.To: (11!I iI I Hawai`i County Is an Equal Opportunity Provider and Employer Ref. Dote_' �EQ Department heads shall take office upon appointment but shall not continue in office if the council denies confirmation." Thank you. HGI/RV:wpb Att. 2 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS. 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(2022 Edition) is amended to read as follows: "Section 13-8.Term of Office and Appointment of Department Heads. > , pp^ v.j p u i uv vv uuvu uva` , appointment but shall t ee tirue ; office if the council denies confirmation.] (a) The term of office of department heads shall be coterminous with that of the mayor; provided, that where a successor has not been appointed, sitting department heads may continue in office pending such appointment. (b) The mayor shall appoint department heads within thirty days of taking office or within sixty days after the occurrence of any vacancy. The council shall act to confirm or reject any appointment of a department head by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days,the appointee shall be deemed to have been confirmed. (c) Department heads shall take office upon appointment but shall not continue in office if the council denies confirmation." 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. 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 4. Upon adoption of this ordinance, the Council, by appropriate resolution, shall provide that this charter amendment be submitted to the electorate of Hawaii County for approval in the 2024 general election. 2