HomeMy WebLinkAboutCOM 0627.022 2022-2024 Dr. Holeka Goro Inaba �JMos h'w� Rebecca Villegas
Council Member, District 8, N. Kona + . �;/' Council Member, District 7, Central Kona
Office: (808)323-4280 Office: (808)323-4267
Email:holeka.inaba@hawaiicounty.gov == Email:Rebecca.villegas@hawaiicounty.gov
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HAWAI`I COUNTY COUNCIL
County of Hawai`i L "
West Hawai`i Civic Center, Bldg.A rri
74-5044 Ane Keohokalole Hwy. " �t
Kailua-Kona, Hawai'i 96740 cp ,.
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DATE: February 20, 2024
TO: Heather L. Kimball, Council Chair
and Members of the Hawai`i County Council /�
FROM: Holeka Goro Inaba, Council Member C�� �
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 Hawaii
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 thorit•;] 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 [ferty-
five] sixty days after receiving notice of the appointment from the mayor. If the
council does not confirm or reject any such appointment within [forty five] sixty
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. • • 1 y
Ref. To: In1,i It i
Hawai`i County Is an Equal Opportunity Provider and Employer Ref. Date FEB 2 1 2024
Department heads shall take office upon appointment but shall not continue in office
if the council denies confirmation."
Thank you.
HGI/RV:wpb
Att.
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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.
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.
[The term of office of department heads, deputies and assistants shall be co terminoui
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 h ad. If the council does not act within sixty days, the
appointment but shall not continue in 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 sixty days after receiving
notice of the appointment from the mayor. If the council does not confirm or reject any
such appointment within sixty 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 Hawai`i County for
approval in the 2024 general election.
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