HomeMy WebLinkAboutCOM 0857.001 2022-2024Dr. Holeka Goro Inaba
Council Member District 8, N. Kona
HAWAPI COUNTY COUNCIL
County of Hazvai'i
6Vest Hmvai'i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hivy.
Kailnaa-Kona, Hmvai `i 96740
DATE: June 6, 2024
TO: Heather L. Kimball, Chairperson
and Members of the Hawaii County Council FROM: Dr. Holeka Goro Inaba, Council Member `- 4<
Council District 8
Office: (808) 323-4280
Email: holeka. inaba@hmvaflcoun1y.gov
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SUBJECT: Proposed Amendments to Bill No. 160; AN ORDINANCE TO INITIATE AN
AMENDMENT TO ARTICLE 111, ARTICLE VI, AND ARTICLE XVI OF THE
CHARTER OF THE COUNTY OF HAWAPI (2022 EDITION), RELATING TO
THE CORPORATION COUNSEL,
Transmitted herewith are proposed amendments to Bill No. 160. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 160; material to be
deleted is bracketed and stricken, material to be inserted is underscored.
1, SECTION 2 of Bill No. 160, which repeals article VI, chapter 5 of the Charter of the County
of Hawaii (2022 Edition), is redesignated to amend article VI, chapter 5, section 6-5.2 to
read as follows:
"Section _6-5.2.__Appointment and Removal.
The corporation counsel shall be appointed by the 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. The corporation
counsel shall be an attorney licensed to practice and in good standing before the Supreme Court
of the State of Hawaii, The corporation counsel shall have been licensed to practice law for a
period of not less than five years preceding appointment, and have „a.t_ least three years of
experience in a responsible administrative capacity."
2. SECTION 3 of Bill No. 160, which amends article III of the Charter of the County of
Hawaii (2022 Edition) by adding a new section, is redesignated to repeal article VI, chapter
5, section 6-5.6.
Comm. N s
Ref. To:
Hmval `i County Is an Equal Opportunity Provider and EmployerRef. Date _ __
SECTION 4 of Bill No. 160, which amends article III, section 3-6 of the Charter of the
County of Hawaii (2022 Edition) by amending subsection (b), is amended 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 county auditor [and
4. SECTION 5 of Bill No. 160, which amends article XVI of the Charter of the County of
Hawaii (2022 Edition) by adding a new section, is amended 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-,] 6-5.2."
A copy of the new draft of the bill that would result if these proposed amendments were adopted
is attached.
Thank you.
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Att.
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AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE 1QI, ARTICLE VI,
AND ARTICLE XVI OF THE CHARTER OF THE COUNTY OF HAWAVI (2022
EDITION), RELATING TO THE CORPORATION COUNSEL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAVI;
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
Hawaii 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, section 6-5.2, of the Charter of the County of
Hawaii (2022 Edition) is amended to read as follows:
"Section 6-5.2. Appointment and Removal.
The corporation counsel shall be appointed by the [ •, eenfirmed by the eieuneil and
nu�)-be femoved by the mayof with the approval of the eetineil.] 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. The corporation
counsel shall be an attorney licensed to practice and in good standing before the Supreme Court
of the State of Hawaii. 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 3. Article VI, chapter 5, section 6-5.6. of the Charter of the County of
Hawaii (2022 Edition) is repealed:
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SECTION 4. Article Ill, section 3-6 of the Charter of the County of I-Iawai`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:
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(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."
SECTION 5. Article XVI of the Charter of the County of Hawaii (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.
Notwithstandingan,. ... -y 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 6-5.2."
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 Hawaii, 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 S. Upon adoption of this ordinance, this Council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii 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.
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