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Home My WebLink AboutCOM 0627.027 2022-2024Mitchell D. Roth 11 Gunfu of ('7.UffiUi'T* Deanna Sako 'tIunaghl'g Direcrol. Robert ff. Command Offirr, of fhp Bapr 25 Aupuni Street, Suite 2603 - Hilo, Hawaii 96720 - (808) 961-8211 ® Fax (808) 901-6553 KONA 74-5044 Ane Keohokalole Hwy., 13114 C - Kailua-Kona, Hawaii 96740 (808) 323-4444 Fax (808) 323-4440 March 19, 2024 The Honorable Heather L. Kimball, Chair and Hawaii County Council Members 25 Aupum Street, Suite 1402 Hilo, HI 96720 Dear Chair Kimball: Re: Veto Message — Bill 109 Draft 4 Charter Amendment Related To Terrns In Office Pursuant to Section 3-12 of the Hawaii County Charter, I am disapproving Bill 109 (Draft 4) and returning it to you. Bill 109 seeks to amend the County Charter by placing a thirty (30) day window on a Mayor to fill vacancies upon taking office and a sixty (60) day window to fill vacancies for department heads. These positions are critical to the administration of county government, and a meaningful period to advertise vacancies and evaluate applicants are essential. A thirty- or sixty-day window will foreclose a statewide or national search for department heads and, in some cases, a meaningful inter -view process before placing an appointee before the Council. Most department head positions carry mandatory credentials and work experience that are not easily found.A thirty- or sixty-day deadline would also treat Mayoral appointed cabinet positions differently than commission appointed cabinet positions. For example, the most recent hiring processes for the police chief and director of human resources took more than four months. A Mayor, and the people of Hawaii County, deserve a meaningftil period to fill these essential positions. Respectfully, Mitchell D. Roth MAYOR Enclosures: Bill 109 (Draft 4) c: Elizabeth A. Strance, Corporation Counsel Comm. No. U IT 11 County of Hawai'i is an Equal opportunity Provider and Eniplo,,er. Ref. Ref. Oate R 20 7 2' 12 4 OFFICE OF THE COUNTY CLERK County of Hawal'i Hilo, Hawai'i h oduced By: 'U 4.*4 Date I%Dtrtr First Reading: Published: REMARKS: Third Reading: March 6, 2024 To Mayor: Returned: Effective: Published: REMARKS: POSTPONED: February 7, 2024 AMENDED and HELD OVER: February 21, 2024 March 6, 2024: Third of three required readings pursuant to section 15-1; Hawai'i County Charter ROLL CALL VOTE L C S ROLL ABS�EX Evans Galim Kagiwada WQQ.eali'i-KIeinfelder Kierk7ew*l� Kimball Lee Loy Villegas (T�raft 4) ROLL CALL VOTE AYES NOES ABS EX Evans x Galimba x Inaba x Kagiwada x Kdneali'i-Klei ifelder x Kierkiewicz x Kimball x Lee Loy x Villegas x 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approved/ csappr)oed this day of�GVG 20 MAYOR, COUNTY OF HA WAI'l <--�OUNCIL CHAIRPERSON COUNTY CLERK 109 (Draft 4) Bill No.: Reference: C-627.23/GOEAC-97 Ord No.: Introduced By Date Introduced: First Reading: Published: REMARKS. - Second Reading To Mayor: Returned: Effective: Published: REMARKS. - OFFICE OF THE COUNTY CLERK County of Hawai'i Hilo, Hawaii Dr. Holeka Goro Inaba and Rebecca Villegas -January 10, 2024 January 10, 2024 January 19, 2024 January 24, 2024 (Draft 2) ROLL CALL VOTE AYES �NOES ABS EX Evans x Galimba x Px Inaba x Kagiwada Kdneali'i-Kleinfelder x Kierkiewicz x Kimball x Lee Loy x Villegas x 8 0 1 0 (Draft 3) ROLL CALL VOTE AYES NOES ABS EX Evans x Galimba A x Inaba x Kagiwada x Kaneali'i-Kleinfelder x Kierkiewicz x Kimball x Lee Loy Villegas x 6 2 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approved/Disapproved this Of-' 120 MAYOR, CO(JN7'YOF' HAWAI'I day COUNCIL CHAIRPERSON COUNTY CLERK Bill No.: 109 (Draft 4) Reference: C-627.23/GOEAC-97 Ord No.: STATE OF HAWAVI BILL NO. 109 (DRAFT 4) ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAPI COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAVI: SECTION 1. 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. [The ter-m of offiee of depaftment heads, deputies and assistants shall be eo terminous with that of the appointing atitherity; pfovided, that where a sueeessof has not been appointed, head, deputy of assistant, as the ease may be, shall eontinue in offiee pending such tment. The eotmeil shall eenfirm of deny eenfir-mation within six,� -ays of the appointment of any depa--ment head. if the eouneil does not aet within sixty days, t department head shall be deemed to be eonfirined. The depaftment head shall take offiee up tment but shall not eontintie in offiee if the eouneii denies eonfiffflation.] (a) The term of office of department heads shall be coterminous with that of the mayor-, provided, that where a successor has not been qppointed, 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 dqys, 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 Hawaii, 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. 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 2024 general election, as duly certified. Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: 627.23 PlEI-EIRL1111"C-1 COM111" INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI'l INTRODUCED BY: '3 Y: " 0 dL MEMB R, COUNTY OF HAWAI'l 2 11 � - lisle 0 N Mel 0 1 STATE OF HAWAVI BILL NO. 109 (DRAFT 3) AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAIJ COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIJ: SECTION 1. 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. tjq At of the appointing authority; pfevided, that where a sueeessof has not been appointed, depaftment head, deputy of assistant, as the ease may be, shall continue in offiee pending sueh -F..-Ilitnient. The eouneil shall eonfifffi of deny eanfirmatien within sixt�, dfty-,,,�� appai tment of any depaftment head. if the eeuneil does not aet within sixt�-4ays—,4he depai4ffient head shall be deemed to be eonfifffied. The depaftment head shall take office upon but shall not eoiAintte in offiee if the eouneil denies eenfifmation.] (a) The term of office of department heads shall be coterminous with that of the appointing authority; provided, that where a successor has not been confirmed by the council, sitting department heads may hold office until a successor is confirmed. (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." 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. 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. 0 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. 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 2024 general election, as duly certified. Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: 627.17 PIFER,[N',C'E Cown.- INTRODUCED BY: COUNCIL MEMBER, COUNTY OF IIAWAPI INTRODUCED BY: C'OUNC!JL EMIfER, COUNTY OF HAWAPI N STATE OF HAWAIJ BILL NO. 109 (DF,AFF 2) ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAVI COUNTY CHARTER (2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIJ: SECTION 1. 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. thAt of the appointing authefity; provided, that whefe a sueeessof has not been appointed, depaftment head, deputy of assistatA, as the ease may be, shall eentintie in office pending sueh a -mation within six: days of the ppointment. The eouneil shall eenfifm of deny eenfir -F.1—itment of any depaAfnent head. If the eouneil does not act within sixty days, the dep— tment head shall be deemed to be eonfin�ned. The depaftment head shall take office up _V..—Anient but shall net eentinue in offiee if the eouneii denies eanfifniation.] (a) The term of office of department heads shall be coterminous with that of the appointing authority-, provided, that where a successor has not been confirmed by the council, sitting department heads may hold office until a successor is confirmed. (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 rej ec 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." 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. 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. 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 2024 general election, as duly certified. Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: REFERENCE Comm. 627.13 INTRODUCED BY: ,17 COUNCIL MEMBER, COUNTY OF HAWAPI INTRO�DUC�--9�- C6—UNCIL MEMBER, COUNTY OF HAWAI'l N -4 OF Jat ZI A x V —0 "1 0 Me ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE HAWAVI 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 Hawaii County Charter (2022 Edition) is amended to read as follows: "Section 13-8. Term of Office and Appointment of Department Heads. OhLat Of the appointing authefity; pfovided, that whefe a sueeessof has not been appointed, department head, deputy of assistant, as the ease may be, shall eopAintie in office pendin itment. The eouneil shall eonfiffri of deny eenfiffnation within Sixty days of th appe+Rtment of an), department head. if the eouneil does not act within six�y days, the department head—,h all be deemed to be eonfifffied. The department head shall take of..fi -1-1 up--i-I . itment but shall not eontinee in offiee if the eouneil denies confirmation.] (a) The term of office of department heads shall be coterminous with that of the appointing authority; provided, that where a successor has not been confirmed by the council, sitting department heads may hold office until a successor is confirmed. (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) An appointee shall take office upon confirmation by the council." 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. 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. 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 2024 general election, as duly certified. Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: REFERENCE Comm. 627 INTRODUCED BY: CONC-IL MEMBER, COUNTY OF HAWAI'l INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI'l IN