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HomeMy WebLinkAboutREP GOEAC 073 2025-09-16 2024-2026Hawaii County Council-24 BILLS FOR ORDINANCES (FIRST READING) October 8, 2025 Bill 64: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 2, (Draft 2) SECTION 6-2.2, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION). RELATING TO THE DIRECTOR OF PUBLIC WORKS Replaces the requirement that the Director of Public Works must be a registered professional engineer with the requirement that the Director have a bachelor's degree in engineering, architecture, business, public administration or a related discipline, or be a licensed attorney. Adds the requirement that at least two of the five years of required administrative or managerial experience must be in public works or construction, or a related field. Requires the Deputy Director be a registered professional engineer and have authority over engineering responsibilities when the Director lacks such certification. Reference: Comm.334.18 Intr. by: Council Member Inaba Approve: GOEAC-73 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter FAILED Ayes: Council Members Inaba, Kierkiewicz, Onishi, and Villegas — 4. Noes: Council Members Galimba, Hustace, Kagiwada, Kimball, and Acting Chair Kaneali`i-Kleinfelder — 5 Absent: None. Excused: None. ; and Comm. 334.20: From Council Member Dennis "Fresh" Onishi, dated September 25, 2025, transmitting proposed amendments to Bill 64, Draft 2. Page 17 REPORT OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS DATE: September 16, 2025 Re: Comm. No. 334/Bill No. 64 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 1:00 P.M. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Governmental Operations and External Affairs, to which was referred Bill No. 64, reports as follows: Bill No. 64, introduced by Council Member Holeka Goro Inaba via Communication No. 334, dated May 27, 2025, amends Article VI, Chapter 2, Section 6-2.2, of the Charter of the County of Hawaii (2024 Edition), relating to the Director of Public Works. Bill No. 64 replaces the requirement that the Director of Public Works must be a registered professional engineer with the requirement that the Director has a bachelor's degree in engineering, architecture, public administration or a related discipline, or a degree in law. It adds the requirement that at least two of the five years of required administrative or managerial experience must be in public works or construction, or a related field. Bill No. 64 was forwarded to Council with a negative recommendation on July 8, 2025. Council Members Michelle Galimba, James Hustace, Jenn Kagiwada, Heather Kimball, and Dennis "Fresh" Onishi voted no, and Council Member Ashley Kierkiewicz was absent. During the Council Meeting of July 23, 2025, Bill No. 64 failed to move forward with Council Members Galimba, Hustace, Kagiwada, Kimball, and Onishi voting no, and Council Members Holeka Inaba and Matt Kaneali`i-Kleinfelder absent. On the Council Meeting of August 6, 2025, Member Onishi via Communication No. 334.12, dated July 28, 2025, requested that the vote on Bill No. 64 be reconsidered pursuant to Council Rule No. 14. All members present voted in favor of reconsideration, with Members Galimba and Rebecca Villegas absent. A vote to recommit Bill No. 64 to the Committee on Governmental Operations and External Affairs was taken with all members present voting in favor and Member Galimba absent. Governmental Operations and External Affairs Meeting of September 2, 2025 Member Inaba began by introducing his amendment contained within Communication No. 334.17. He explained that this amendment specifies that if the Director is not a professional engineer, then the Deputy Director needs to be a professional registered engineer. He added that the difference between his amendment and the one being proposed by Member Kimball is that hers states that the Deputy Director would have authority over engineering responsibilities. Member Kimball further explained that under her amendment engineering responsibilities would fall under someone who is a licensed professional engineer, which protects the County from a public health and safety standpoint and aligns with the requirements within the Hawaii Revised Statutes. She mentioned GOEAC Report No. 73 GOEAC-73 Page 2 September 16, 2025 there is one other small difference in that the bachelor's degree must be from an accredited institution within the United States. She said that she would prefer the amendment contained within Communication No. 334.16, and that while she was still not in support of the measure, she wanted to introduce an amendment that made it easier for her to support the bill if it were to proceed. She also stated that if they were able to find a Deputy Director that met these qualifications, then why wouldn't that person be the Director. Member Onishi asked Mr. Hugh Ono, as a former director of the Department of Public Works, if the amendment passed and an individual was hired as the Director without a license and he was to work as the Deputy Director with a license, what would he foresee happening. Mr. Ono said he didn't see any difficulty. He seemed to agree with Member Kimball's comment as to wondering why the Deputy Director with the higher qualifications wouldn't serve as the Director. Member Onishi inquired if there was a timeline included in the amendment for when the Deputy Director would be hired. Member Inaba stated that there is no timeline, and the amendment assumes that the Administration would want to fill all its vacancies as quickly as possible. Member Onishi said that he would support this amendment more if there was a timeline for the Administration to fill vacancies for a licensed Deputy Director. Member Kierkiewicz asked Mr. Ono if he would discuss what it was like to work for the County as a professional engineer and how the use of his license came into play on a day-to-day basis. Mr. Ono said that all the division chiefs would come to him for consultation on all projects, and he would weigh in on those projects before they proceeded. Member Kierkiewicz asked Deputy Corporation Counsel Keyra Wong to explain how things are currently working at the department with Acting Director Neil Azevedo being unlicensed. Ms. Wong said she isn't aware of any legal issues that are resulting from the current situation. Member Kierkiewicz said she was open to supporting the Charter amendment, as written, and didn't think this amendment was necessary. Member Kimball added that Maui County's Director has an engineering background, but the Deputy Director has a professional engineering license. She asked what the recourse is if a deadline on assignment of a Deputy Director is not met by the Administration. She pointed out there is no way to enforce a timeline in that situation. Member Galimba stated that she preferred the language contained within Communication No. 334.16. Chair Kagiwada said her concern would be that the decision of someone with a professional engineering license could potentially be overridden by someone in a position of power who does not have an engineering license. A vote failed to pass the amendment contained in Communication No. 334.17, as Members Galimba, Hustace, Kimball, and Kagiwada voted in opposition and Member Kaneali`i-Kleinfelder was absent. Bill 64 was amended with the contents contained in Communication No. 334.16. Members Kierkiewicz and Onishi voted in opposition and Member Kaneali`i-Kleinfelder was absent. GOEAC Report No. 73 GOEAC-73 Page 3 September 16, 2025 Member Onishi asked Director of Human Resources Sommer Tokihiro what her concerns would be regarding conflicts by having an unlicensed appointed position supervising licensed civil service positions. Director Tokihiro stated that the authority to operate the Department resides with the Director and therefore a subordinate position would not have the authority to move forward with something not approved by the Director. Member Onishi asked how that conflict would be resolved, and Director Tokihiro said there isn't a mechanism for that issue. Mr. Ono said that the higher position always prevails. Member Hustace asked Mr. Ono to explain further about the interplay between the division chiefs and the Director, regarding secondary stamps or final review of plans. Mr. Ono said that there was no additional stamp or documentation after the Director reviews those plans; it was more of an acknowledgment. Member Hustace asked Director Tokihiro if there was a follow up from the Salary Commission regarding the discussions around increasing salary for these director roles. Director Tokihiro mentioned that Chair Kagiwada appeared before the Commission the week prior and asked them to consider looking into the salary of these specialized positions. Chair Kagiwada mentioned that the Salary Commission was willing to discuss this further at its upcoming meeting in September. Deputy County Clerk Aaron Brown said that as an administrative point, directors cannot sign off on a plan initially without a professional engineering license, but that if the plan was proceeding to contract, the Director would sign off on the routing forms. Member Kimball responded to Member Inaba's request that there were two things that would help her to support this bill, the first being a time constraint to fill a vacancy in the Deputy Director position. The second item is looking at Chapter 5, Section 5-2-2 within the Hawaii County Code to define the responsibilities and authorities of both the Director and Deputy Director that would take effect upon the Charter amendment passing. She stated that she was willing to work with Member Inaba on it, but in general, is still in opposition to the concept. Chair Kagiwada responded to Member Inaba's question as well by saying that as she hasn't seen the specific amendments that the engineering community brought up, she would like to have confidence that the engineering decisions that are being made at the top level are covering potential life and safety concerns, and that the engineering degree gives additional reassurance that the County has done its due diligence in reducing liability. She said additional amendments could be brought forth to protect liability and make sure health and safety issues are addressed. She reiterated that she wants to see that the Salary Commission proposes as one of the issues being raised is that the salary being offered is not in line with the private sector. Member Inaba said that he hasn't received any input from the professional engineering community and has not been included in any meetings, but he said he would appreciate being included in those meetings. He said that he would attempt to bring amendments forward at the next meeting, and if there wasn't agreement amongst the Committee Members, then he would pull the bill. GOEAC Report No. 73 GOEAC-73 Page 4 September 16, 2025 Member Inaba then moved to postpone Bill No. 64, as amended to Draft 2, until the September 16, 2025, meeting. Member Kierkiewicz seconded the motion. All present voted in favor of the motion with Member Kaneali`i-Kleinfelder absent. Governmental Operations and External Affairs Meeting of September 16, 2025 Member Inaba said that there was no additional proposed language provided by professional engineers that he was able to meet with, and they were in continued opposition. Member Inaba said that the concerns were around safety, even though other counties in the State have removed this requirement. He said he believes that this measure has been talked through at length already. Member Onishi said after further thought around the responsibilities of the Director of the Department of Public Works and the Director of the Department of Environmental Management, he believes they should be the same. He said that he will be in support of this bill and added that he will be suggesting amendments, including removing the requirement for the Deputy Director's qualifications and removing the timeline that the Mayor has for appointing someone to this position. Member Hustace asked Acting Director Neil Azevedo to discuss the process that the Director goes through in reviewing and approving plans that have been stamped by engineers. Acting Director Azevedo said that they review and approve the plans stamped by the engineers, and the only time they sign is during the routing of contracts. Member Kierkiewicz spoke in support of the bill and pointed out that the Department of Public Works is still functioning, despite the current Acting Director not being licensed. She brought up prior examples of road projects that she believed went over time and over budget, despite being managed by professional engineers. Member Kimball countered that it is important to consider the many ways that public projects can go over budget and timing, which may or may not have anything to do with a professional engineer being involved. She said that the flip side of that argument is to consider how much longer or how much more projects may cost, or what the cost may be to public health and safety if a professional engineer hadn't been involved. She summarized that her concerns are still related to the ability of a Director who doesn't have a license to override a safety decision made by an engineer, which may impact the public negatively. Member Galimba stated that it's not personal, it's about policy. She said that she believes our County will be better served by having a professional engineer in this position in the long term. Member Hustace said that he believes there is still opportunity for consideration of the salary as well as longevity of the position to make it more appealing. Chair Kagiwada repeated that one of the main reasons the Administration has had difficulty in filling this position is because it doesn't pay enough, and she is hoping that the Salary GOEAC ReportNo. 73 GOEAC-73 Page 5 September 16, 2025 Commission will be addressing that this year. She mentioned that refraining this as an opportunity to get experience within the public sector, despite not being a long-term opportunity, it may help to get candidates interested. Finally, she mentioned that while it will ultimately go to the voters, they tend to approve most Charter amendments. So, it is important to make sure the language is right, and the majority of members agree before putting it in front of the voters. Your Committee on Governmental Operations and External Affairs is in accord with the purpose and intent of Bill No. 64, as amended to Draft 2, and recommends its passage on first reading. slm AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI'I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS I' I A, CHAIR GOEAC REPORT NO.: 73 ADOPTED: