HomeMy WebLinkAboutCOM 0334.043 2024-2026October 6, 2025
Testimony in Opposition to Bill 64
By Curtis Beck, P.E.
612 Kaanini Place
Hilo, HI 96720
curtbegood@gmail.com
COLINI Y CLERK
COUNTY Y OF HA41 IA:
2025 OCT —7 AN 10: 13
I am a Professional Engineer (hereinafter "RE."), licensed in the State of Hawaii
since 1983, now retired.
1 am writing in opposition to Bill 64, specifically against the provision that would
remove the requirement that the Director of Public Works be a licensed P.E.
(hereinafter "removal of the licensure requirement")
There are several good reasons why removal of the licensure requirement is a bad
move by the County of Hawaii:
1. Many of the alternative educational qualifications, especially "have a
bachelor's degree ... in engineering, architecture, business, [or] public
administration" are not comparable. A bachelor's degree in engineering is
not sufficient in itself for a person to apply for a P.E. license. The engineering
graduate must first pass the NCEES "Fundamentals of Engineering" exam,
then undertake four years of engineering practice under the direct
supervision of a P.E., and finally a second NCEES exam in the "Principles and
Practice of Engineering". The P.E. licensure qualification is more challenging
than earning a master's degree and there is nothing comparable to it in the
other disciplines. Hence, removal of the licensure requirement is not trivial
and is actually a huge reduction in the standard of qualifications.
2. Substituting the deputy director for the licensure requirement does not
conform to HAR Title 16, Chapter -section 115-4 pertaining to licensing
requirements for corporations. Sub -chapter 16-115-4 requires that the
person charged with the legal authority to bind the business entity in all
matters related to professional engineering work shall be duly licensed under
Comm.
Ref. To:
Ref. Dat*0q8 2O2
Chapter 464, Hawaii Revised Statutes. In the Hawaii County Department of
Public Works, the Director is that person so legally authorized to bind Hawaii
County to the professional engineering work performed by the County, and
so the Director must be licensed per the Rule.
3. The Hawaii County Code allows the Planning Director to grant variances to
the Code for good reason. The Code, however, contains language (see
Section 23-7, 23-11, and 23-50 for example) that provide for the Planning
Director to confer with the Director of Public Works to determine if the
variances "require necessary improvements to further the public welfare and
safety." Thus, the Director of Public Works has a significant public safety role
in reviewing planned variances. This further reinforces the need for the
Director to possess the licensure requirement.
4. There are better alternatives than removal of the licensure requirement,
which would not require revising the charter and would not weaken public
safety protections. Specifically, as already proposed by local engineers,
improvements to the salary/benefit structure and tenure framework would
make the Director position more attractive to qualified prospects and would
significantly enlarge the pool of candidates.
5. One of the reasons stated by the Mayor for proposing the removal of the
licensure requirement, that he has had difficulty recruiting candidates for the
Director position, has at the least the appearance of changing the law for
"convenience." However, I feel strongly that the public safety should not be
placed at risk for the convenience of one mayor. The licensure requirement is
a robust means of preserving the public safety framework for the long run.
6. 1 feel it should not be the County Council's purpose to carry the Mayor's
water on this critical public works issue. While the Council works in arms -
length partnership with the Mayor to promote the prosperity of the County's
people, and should be ever ready to assist the Mayor in finding good
solutions to unexpected barriers, they also play a vital role to be a "check" on
the Mayor's potentially unwise decisions and actions. The Council should be
vigilant to monitor the Mayor's efforts to recruit a P.E. for the Director
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position. They must NOT be willing to place the long-term public safety at -risk
for the short-term convenience of the mayor and the managing director.
Respectfully submitted,
Curtis Beck