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Home My WebLink AboutBIL 160 Draft 01 2022-2024AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, ARTICLE VI, AND ARTICLE XVI OF THE CHARTER OF THE COUNTY OF HAWAI‘I (2022 EDITION), RELATING TO THE CORPORATION COUNSEL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Purpose. The purpose of this ordinance is to protect the confidence and transparency of legal counsel provided to the County Council, as the lawmaking body of the County, and to County departments and agencies, which deliver essential services to residents of Hawai‘i Island. To that end, this ordinance proposes amending the Charter to give the Council the sole appointing authority for the chief legal advisor and legal representative of the County. SECTION 2. Article VI, chapter 5, of the Charter of the County of Hawai‘i (2022 Edition) is repealed in its entirety: “[CHAPTER 5 CORPORATION COUNSEL Section 6-5.1. Organization. There shall be a department of the corporation counsel consisting of the corporation counsel, assistant corporation counsel and the necessary staff. Section 6-5.2. Appointment and Removal. The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai‘i. The corporation counsel shall have been licensed to practice law for a period of not less than five years preceding appointment, and have at least three years of experience in a responsible administrative capacity. Section 6-5.3. Powers, Duties and Functions. The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. Section 6-5.4. Assistant Corporation Counsel. The assistant corporation counsel shall be appointed by the corporation counsel and may be removed by the corporation counsel. The assistant corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawaii. Section 6-5.5. Special Counsel. The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services. Section 6-5.6. Term of Office. Notwithstanding Section 13-8, the term of office of the corporation counsel, assistant corporation counsel and deputies shall be co-terminous with that of the mayor; provided that where a successor has not been appointed and confirmed, the corporation counsel shall continue in office pending such appointment and confirmation, but in no event shall the corporation counsel continue in office beyond three months, whether acting or otherwise.]” SECTION 3. Article III of the Charter of the County of Hawai‘i (2022 Edition) is amended by adding a new section to be appropriately inserted and to read as follows: “Section 3-19. Department of the Corporation Counsel. (a) There is established within the legislative branch an independent department of the corporation counsel consisting of the corporation counsel, assistant corporation counsel and the necessary staff. (b) The corporation counsel shall be appointed by the county council and shall serve for a period of six years, and thereafter, until a successor is appointed. The council, by two-thirds vote of its membership, may remove the corporation counsel from office at any time for cause. (c) The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai‘i. The corporation counsel shall have been licensed to practice law for a period of not less than five years preceding appointment, and have at least three years of experience in a responsible administrative capacity. (d) The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. (e) The corporation counsel shall have the authority to appoint deputies and necessary staff for which appropriations have been made by the council, subject to civil service laws and classifications, and shall exercise the same power with respect to the personnel of the department of the corporation counsel as the department heads in the executive branch. (f) The assistant corporation counsel shall be appointed by the corporation counsel and may be removed by the corporation counsel. The assistant corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai‘i. (g) In the event of a vacancy in the office of corporation counsel, the assistant corporation counsel shall act as corporation counsel until a successor is appointed. The council shall appoint a successor within sixty days after the occurrence of any vacancy. (h) The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services.” SECTION 4. Article III, section 3-6 of the Charter of the County of Hawai‘i (2022 Edition) is amended by amending subsection (b) to read as follows: “(b) The council shall appoint the county clerk which position shall be exempt from civil service laws and classifications. The county clerk shall serve for a period of four years, and thereafter, until a successor is appointed. The council, by a two-thirds vote of its membership, may remove the county clerk from office at any time. The county clerk shall: (1) Be the clerk of the council. (2) Be custodian of the county seal. (3) Conduct all elections held within the county. (4) Appoint the deputy county clerk, with the approval of the council, and such position shall be exempt from civil service laws and classifications. (5) Perform such other functions as the council may prescribe. (6) Appoint necessary staff for which appropriations have been made by the council, subject to civil service laws and classifications, and exercise the same power with respect to the personnel of the clerk’s office as the department heads in the executive branch, with the exception of the office of the [legislative] county auditor[.] and the department of the corporation counsel.” SECTION 5. Article XVI of the Charter of the County of Hawai‘i (2022 Edition) is amended by adding a new section to be appropriately inserted and to read as follows: “Section 16- . Corporation Counsel Continued in Office. Notwithstanding any provision to the contrary, the corporation counsel, assistant corporation counsel and any deputy holding office on December 2, 2024, shall continue in office until a successor has been appointed pursuant to section 3-19.” SECTION 6. 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 material, or underscoring. SECTION 7. 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 this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 8. 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 2024 general election. SECTION 9. The charter amendment proposed in this ordinance shall take effect upon approval by a majority of voters voting on this legislation in the 2024 general election, as duly certified. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I 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: