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HomeMy WebLinkAboutREP GOEAC 079 2025-11-04 2024-2026REPORT OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS DATE: November 4, 2025 PLACE: Council Chambers Hilo, Hawaii TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 514Bill No. 89 Your Committee on Governmental Operations and External Affairs, to which was referred Bill No. 89, reports as follows: Bill No. 89, introduced by Council Member Ashley L. Kierkiewicz via Communication No. 514, dated September 18, 2025, amends Chapter 7, Article 1, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to the appointment of the Civil Defense Administrator. Bill No. 89 adds a new section requiring the Civil Defense Administrator have a minimum of three years of responsible administrative experience in emergency management, disaster planning, homeland security, or public safely services management. In the event of a vacancy, the Mayor may convene a selection advisory panel consisting of the Fire Chief and Chief of Police to evaluate qualified applicants. This bill was previously heard and postponed on October 21, 2025. Governmental Operations and External Affairs Meeting of October 21, 2025 Committee Member James E. Hustace began by encouraging postponement of this measure as the maker of the bill was unable to be present. Committee Member Dennis "Fresh" Onishi began by saying he wanted to discuss the bill. Mr. Onishi said that he liked the idea of the bill, but in discussing with administrators in the past he believes that the most important element of Civil Defense is communication within the department and Administration. He wants to see that part of the requirement for an administrator is to be able to communicate with the Administration and discuss emergency planning with the community. Committee Member Heather L. Kimball said Section 7-1-3(c) is unnecessary and recommended that Corporation Counsel weigh in. She asked if that language needed to be expressly stated or if the Mayor already had that power to confer with the Chief of Police and Fire Chief. She said that if it were in the Charter it may have to adhere to Sunshine Law requirements, and because their discussions could contain private personnel information that it may be better to not have it included in this bill. She also said Section 7-1-2 needed clean-up to specify who is in charge and when and she encouraged the maker to tighten up that language while working on this bill. GOEAC Report No. 79 GOEAC-79 Page 2 November 4, 2025 Committee Member Holeka Goro Inaba said that Section 7-1-3(b) feels like shifting language may be in conflict and asked for an opinion from Corporation Counsel. Assistant Corporation Counsel J. Yoshimoto said that the Hawaii Revised Statutes Chapter 76 reference is deleted and then reinserted in a different section. He didn't know what the practical application would be in making that change and said that he would prefer to consult with the maker and then get back to the Committee on the implication of those changes. Mr. Inaba also stated that if the Council were going to make those changes, he would like to hear more conversation on this topic when Ms. Kierkiewicz is present regarding hiring practices. Ms. Kimball asked if Civil Defense Administrator Talmadge Magno wanted to weigh in on the bill. Mr. Magno said that the prior Mayor called in a panel to help advise regarding his own appointment. He said that he believed that panel may have been the impetus for this legislation. Ms. Kimball asked if Mr. Magno could speak to the historical reasons that the language says that the head of the Civil Defense Agency is the Mayor, but the Civil Defense Administrator has the duties and responsibilities of the Mayor during an emergency. Mr. Magno said it stems from the way the law is written in the Hawaii Revised Statutes. Bill No. 89 was postponed to November 4, 2025. Governmental Operations and External Affairs Meeting of November 4, 2025 Member Kierkiewicz began by explaining that this legislation was something that she began thinking about in witnessing the aftermath of the Lahaina Wildfires and wanting to ensure that we don't have missing leadership during times of emergency or disaster. She responded to testimony that currently the appointing entity is the Mayor, as a Civil Service hire. She explained that this is not a co -terminus appointee, and rather they continue to serve in this position during mayoral transitions. She added that she wants to make sure that the person who serves in this role has experience in alignment with the importance of this position. Ms. Kierkiewicz introduced an amendment via Communication No. 514.1, which clarifies language already contained within the bill. Bill 89 was amended with six "ayes," with Committee Members Matt Kaneali`i-Kleinfelder, Heather L. Kimball, and Holeka Goro Inaba absent. Committee Chair Jenn Kagiwada asked what occurs when an appointment to fill a vacancy does not happen within the 60-day time frame. Ms. Kierkiewicz stated that it is the same as other positions, and that ideally the urgency would demand the Mayor act in a timely manner. Ms. Kagiwada asked the maker to clarify the experience requirement part for the public. Ms. Kierkiewicz stated that the language on the baseline requirements for this position found within the bill are contained within the Hawaii Revised Statutes. GOEAC Report No. 79 GOEAC-79 Page 3 November 4, 2025 Your Committee on Governmental Operations and External Affairs is in accord with the purpose and intent of Bill No. 89, as amended to Draft 2, and recommends its passage on first reading. shn AYES NOES ADS 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 JEWKA@IWAVA, CHAIR GOEAC REPORT NO.: 79 ADOPTED: NOV 1 9 2025