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HomeMy WebLinkAboutBIL 158 Draft 01 2024-2026 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLES III, IV, V, VI, VII, VIII, X, XIII, AND XVI, OF THE CHARTER OF THE COUNTY OF HAWAI‘I (2024 EDITION), RELATING TO THE STRUCTURE AND ORGANIZATION OF THE COUNTY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Purpose. This ordinance amends the Charter of the County of Hawaiʻi to establish a county manager as the County’s chief executive officer, responsible for administering operations, overseeing departmental leadership, and preparing the County’s budgets, with an emphasis on professional continuity, organizational stability, and merit-based administration. It retains an elected mayor as the chief elected official with the authority to veto bills, appoint certain department heads, and lead intergovernmental relations. The role of managing director is replaced with a county manager, and the minimum qualifications have been updated accordingly. The mayor and council, acting collectively, would appoint the county manager. The removal of the county manager would be by two-thirds vote of the council or, at the request of the mayor, with a majority vote of the council. This ordinance also requires coordination between the mayor and county manager on key policy and operational matters. SECTION 2. Article III, section 3-1, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 3-1. Powers and Functions. The legislative powers of the county shall be vested in the county council. Its primary function shall be legislation and public policy formulation[, as distinct and separate from the executive administration of county government].” SECTION 3. Article IV, section 4-1, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 4-1. Executive Powers. The executive powers of the county shall be vested in and exercised by the executive branch[, which shall be headed by the mayor,] and administered by the [managing director] county manager, except as otherwise provided by this charter.” SECTION 4. Article IV, section 4-2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 4-2. Organization. The activities under the direction and supervision of the [mayor] county manager shall be distributed among such agencies established by this charter or as may be established by ordinance of the county council. [New functions may be assigned by the mayor to existing agencies.]” SECTION 5. Article IV, section 4-3, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 4-3. [Appointment by Mayor.] Appointments. Each agency shall be administered by an officer appointed by the [mayor,] county manager, except as otherwise provided by this charter.” SECTION 6. Article V, chapter 1, section 5-1.3, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 5-1.3. Powers, Duties and Functions. The mayor shall be the chief [executive] elected officer of the county [vested with all the executive powers of the county, except as otherwise provided by this charter]. The mayor shall [have the power to]: [(a) Through the managing director supervise and coordinate all executive agencies of the county, except as otherwise provided by this charter. (b) Appoint necessary staff for which appropriations have been made by the council. All positions in the mayor’s office shall be exempt from civil service laws and classifications. (c) Create positions, including position of deputy or assistant to each head of an agency where such position has not been created by this charter, for which appropriations have been made by the council and abolish positions with the consent of the council. (d) Make transfers of positions between agencies or between subdivisions of agencies subject to applicable civil service regulations. (e) Recommend to the council a pay plan for all officers and employees of the county or any of its boards and commissions, except those whose pay is otherwise provided for; provided that the salary of any officer or employee who is exempt from the civil service laws shall be subject to approval by the council and the mayor. (f) Submit an operating budget, an operating program, a capital budget and a capital program annually to the council.] (a) Serve as the chief elected official and spokesperson of the county. (b) Represent the county and council in intergovernmental relations and in communications with the governor, State legislature, and other jurisdictions. (c) Provide leadership in developing the county’s policy agenda and establishing strategic priorities in collaboration with the county manager and council. (d) Appoint department heads and members of boards and commissions, as provided by this charter. (e) Collaborate with the county manager in emergency management, public reporting, and strategic planning. (f) Perform other duties and exercises other powers as prescribed by this charter or ordinance.” SECTION 7. Article V, chapter 1, section 5-1.4, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 5-1.4. Vacancy in Office. A vacancy in the office of mayor shall be filled by the [managing director,] county manager, or if the office of [managing director] county manager is vacant, or during such periods as the [managing director] county manager is unable to so act, by the [finance director] director of finance until a successor is duly elected and seated. If the vacancy occurs after the filing deadline for the next regularly scheduled primary election, the [managing director] county manager shall serve the entire unexpired term. If the vacancy occurs before the filing deadline for the next regularly scheduled primary election in the middle of the mayoral term, the council shall, through its clerk, immediately issue an election proclamation, announcing that a successor will be elected as prescribed in Section 1327. The proclamation shall also announce the date for the close of filing of nomination papers for the office, which shall be ten days after the issuance of the election proclamation, or the filing deadline for the primary election, whichever comes later. The election shall be held in accordance with the election laws of the state insofar as otherwise applicable. The person elected as the successor shall serve out the unexpired term of the person succeeded commencing at twelve o’clock meridian on the first Monday of December following the election.” SECTION 8. Article V, chapter 1, section 5-1.5, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 5-1.5. Temporary Absence or Disability. During the temporary absence or disability of the mayor, the [managing director] county manager shall act as mayor. If the office of [managing director] county manager is vacant, or during such periods as the [managing director] county manager is unable to so act, the director of finance shall then act as mayor.” SECTION 9. Article VI of the Charter of the County of Hawai‘i (2024 Edition) is amended by amending its title to read as follows: “ARTICLE VI EXECUTIVE BRANCH THE [MANAGING DIRECTOR] COUNTY MANAGER AND AGENCIES UNDER THE [MANAGING DIRECTOR] COUNTY MANAGER” SECTION 10. Article VI, chapter 1, section 6-1.1, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-1.1. Organization. There shall be an office of management consisting of the [managing director] county manager and the necessary staff.” SECTION 11. Article VI, chapter 1, section 6-1.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-1.2. [Managing Director.] County Manager. [The managing director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The managing director shall have had five years of experience in an administrative capacity, and shall possess demonstrable education and/or professional experience as required of the office.] (a) The county manager shall be appointed by a committee consisting of four council members and the mayor and confirmed by a majority vote of the council. The council shall act to confirm or reject the appointment of the county manager within sixty days after receiving notice of the appointment from the committee. If the council does not confirm or reject the appointment within sixty days, the appointee shall be deemed to have been confirmed. (b) The county manager shall take office upon appointment but shall not continue in office if the council rejects the appointment. The county manager shall continue in office for a term of six years, and thereafter, until a successor is appointed. (c) The county manager must possess a master’s degree in public administration or a related field, or the equivalent experience, and must have served at least five years in an executive administrative position, preferably in the public sector and in a jurisdiction similar in size to the county. (d) The council may remove the county manager for cause or performance by either: (1) A two-thirds vote; or (2) Upon request of the mayor, a majority vote.” SECTION 12. Article VI, chapter 1, section 6-1.3, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-1.3. Powers, Duties and Functions. The [managing director] county manager shall: [(a) Act as the principal management aide to the mayor. (b) Supervise the administrative functioning of all agencies, departments, boards, and commissions. (c) Recommend to the mayor the annual operating and capital improvement budgets. (d) Evaluate the management and performance of each executive agency, and make reports to the mayor and the council on the findings and recommendations of such evaluation. A report shall be made to the responsible commission whenever an evaluation is performed on a department or agency under a commission. (e) Prescribe standards of administrative practice to be followed by all agencies under the managing director’s supervision. (f) Attend meetings of the council or of any board or committee, when requested by the mayor. (g) Attend meetings of the council and its committees upon request and make available such information as they may require. (h) Perform all other duties as required by this charter or assigned by the mayor.] (a) Serve as the chief executive officer of the county. (b) Appoint and may remove a deputy county manager and department heads as provided by this charter. (c) Appoint and may remove necessary staff within the office of management for which appropriations have been made by the council, which positions shall be exempt from civil service laws and classifications. (d) Direct and supervise the administration of all executive agencies. (e) Prepare and submit to the mayor the operating and capital budgets. (f) Oversee the execution, administration and enforcement of all ordinances, provisions of this charter, and other applicable laws. (g) Provide regular reports on the management, activities and performance of each executive agency to the mayor and council. (h) Establish strategic priorities for the County in collaboration with the mayor and council. (i) Collaborate with the mayor in emergency management, public reporting, policy agenda development and strategic planning. (j) Perform other duties and exercise other powers as prescribed by this charter or ordinance.” SECTION 13. Article VI, chapter 2, section 6-2.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-2.2. Director. The director of public works shall be appointed by the [mayor, confirmed by the council] county manager and may be removed by the [mayor.] county manager. The director shall be a registered professional engineer. The director shall have had a minimum of five years of experience in an administrative capacity.” SECTION 14. Article VI, chapter 3, section 6-3.4, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-3.4. County Bands. The county bands shall be a part of the department of parks and recreation for administrative purposes. The bandmasters shall be appointed by the mayor and may be removed by the mayor. The members of the bands and other employees connected therewith shall be appointed by the bandmasters and may be removed by the bandmasters with the approval of the [managing director,] county manager, and all positions in the bands shall be exempt from civil service laws and classifications.” SECTION 15. Article VI, chapter 4, section 6-4.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-4.2. Appointment and Removal. The director of information technology shall be appointed by the [mayor, confirmed by the council] county manager and may be removed by the [mayor.] county manager.” SECTION 16. Article VI, chapter 5, section 6-5.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-5.2. Appointment and Removal. The corporation counsel shall be appointed by the [mayor,] county manager, confirmed by the council and may be removed by the [mayor] county manager 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 17. Article VI, chapter 5, section 6-5.6, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-5.6. Appointment and Removal. [Notwithstanding Section 13-8, the] The term of office of the corporation counsel, assistant corporation counsel and deputies shall be co-terminous with that of the [mayor;] county manager; 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 18. Article VI, chapter 6, section 6-6.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-6.2. Appointment and Removal. The director of finance shall be appointed by the [mayor, confirmed by the council] county manager and may be removed by the [mayor.] county manager. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. A deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position.” SECTION 19. Article VI, chapter 6, section 6-6.3, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-6.3. Powers, Duties and Functions. The director of finance shall be the finance officer of the county and shall: (a) Assist the [mayor] county manager in the preparation and execution of the operating budget, operating program and capital budget. (b) Collect special assessments as provided by and subject to law. (c) Negotiate loans and the issuance and sale of bonds and notes when authorized by the council; maintain records of county indebtedness and have charge of the payment of interest and principal thereon. (d) Have custody of all public funds belonging to or under the control of the county, county agency or executive agency, and deposit all such funds in banks or trust companies designated as depositories by resolution of the council, subject to the requirements imposed by law as to surety and payment of interest, which interest shall accrue to the benefit of the public and shall be credited to the proper fund and account. (e) Examine all contracts, orders and other documents by which financial obligations are incurred, and every such document shall be subject to approval by the director of finance but the director of finance shall not approve unless the director of finance first verifies the appropriation, allotment and availability of funds to meet the obligation concerned and verifies thereto as provided in Section 10-11. (f) Prepare and issue warrants, prepare payrolls and pension rolls and disburse all funds in the county treasury. No money shall be paid out of the treasury unless the finance director first verifies the appropriation, allotment and availability of funds to cover the claim concerned and certifies thereto as provided in Section 1011 and then determines that such claim is regular in form, correctly computed and constitutes a legal obligation. (g) Maintain a general accounting system for the county and require all county agencies and executive agencies to report and remit all receipts to the finance director as often as the finance director deems desirable. (h) Each month submit to the mayor and to the council through the mayor a statement of the revenues and expenditures for the preceding month and for the fiscal year up to and including the preceding month. Such statement shall be sufficiently detailed as to appropriations, allotments and funds to show the exact financial condition of the county and of each of its agencies and executive agencies. (i) Submit to the council through the mayor at the end of each fiscal year a report of the financial transactions of that year and a complete statement of the financial condition of the county at the end of the year, within ninety days after the end of the year. (j) Prepare and maintain a perpetual inventory of all lands, roadways, streets, easements and other land interests owned, leased, rented or controlled by the county. (k) Prepare and maintain a perpetual inventory of equipment owned or controlled by the county and materials and supplies in county storerooms, and dispose of property not needed by any agency or executive agency of the county pursuant to policies established by ordinance. (l) Where not in conflict with this charter, assume and perform all the duties and functions of the purchasing agent, the treasurer and the auditor of the county as provided by law, and for this purpose the director of finance shall be authorized to appoint a deputy, to assign and reassign such duties to any employee as the director of finance sees fit and to make internal administrative and organizational changes as the finance director sees fit subject to the approval of the mayor. (m) Exercise such other powers and perform such other duties as may be prescribed by this charter, by ordinance, by law or by the [mayor or managing director.] county manager.” SECTION 20. Article VI, chapter 7, section 6-7.5, of the Charter of the County of Hawai‘i (2024 Edition), is amended by amending subsection (a) to read as follows: “(a) Both commissions shall: (1) Advise the county manager, mayor, council and the planning director on planning and land use matters pursuant to law and this charter. (2) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action. (4) Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county and shall also be distributed via an electronic medium, such as the Internet. (5) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter.” SECTION 21. Article VI, chapter 9, section 6-9.1, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-9.1. Clerical Pool. There may be a clerical pool consisting of such positions as the [mayor] county manager may recommend and for which appropriations have been made by the council. The purpose of such pool shall be to provide periodic staff assistance to the various agencies of the county when necessitated by heavy workloads. The clerical pool shall be attached to the [mayor’s] county manager’s office for purposes of administration, assignment and coordination but the personnel of the clerical pool shall be subject to the civil service laws of the State.” SECTION 22. Article VI, chapter 10, section 6-10.3, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-10.3. Director. The director of environmental management shall be appointed by the [mayor, confirmed by the council,] county manager and may be removed by the [mayor.] county manager. The director shall have had a minimum of five years of administrative experience in a related field and an engineering degree or a degree in a related field.” SECTION 23. Article VI, chapter 10, section 6-10.4 of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 6-10.4. Powers, Duties and Functions. The department of environmental management shall manage the solid waste, wastewater, and recycling programs of the county, and exercise other functions as prescribed by the [mayor] county manager or prescribed by ordinance.” SECTION 24. Article VII, chapter 2, section 7-2.2, of the Charter of the County of Hawai‘i (2024 Edition), is amended by amending subsection (c) to read as follows: “(c) Powers and Duties. The police commission shall: (1) Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and regulations of the department. (2) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor and [managing director.] county manager. (3) Submit an annual report to the mayor, [managing director] county manager and the council. (4) Receive, consider, and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police. A summary of the charges filed and their disposition shall be included in the annual report of the commission. There shall be budgeted sufficient funds in the annual budget of the police department for use by the police commission to fulfill the intent of this section. (5) Advise the chief of police on police-community relations. (6) Review the department’s operations, as deemed necessary, for the purpose of recommending improvements to the police chief and the [managing director.] county manager. (7) Evaluate at least annually the performance of the police chief and submit a report to the mayor, [managing director] county manager and the council. (8) Hire personnel necessary to carry out its functions. (9) Except for purposes of inquiry, neither the commission nor its members shall interfere in any way with the administrative affairs of the department.” SECTION 25. Article VII, chapter 2, section 7-2.6, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 7-2.6. Administrative Supervision. The police department shall come under the general supervision and control of the [mayor, through the managing director.] county manager.” SECTION 26. Article VII, chapter 3, section 7-3.5, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 7-3.5. Administrative Supervision. The department of liquor control shall come under the general supervision and control of the [mayor, through the managing director.] county manager.” SECTION 27. Article VII, chapter 4, section 7-4.6, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 7-4.6. Powers, Duties and Functions. The fire commission shall: Adopt rules necessary for the conduct of its business and review rules for the administration of the department. Review the annual budget prepared by the fire chief and make recommendations thereon to the mayor, the [managing director] county manager and the council. Review the department’s operations for the purposes of recommending improvements to the fire chief. Evaluate at least annually the performance of the fire chief and submit a report to the mayor, the [managing director] county manager and the council. Review personnel actions within the department for conformance with the policies under Section 7-4.2 of this charter. Hear complaints of citizens concerning the department or its personnel and, if necessary, make recommendations to the fire chief on appropriate corrective actions. Submit an annual report to the mayor, [managing director] county manager and the council on its activities.” SECTION 28. Article VIII, section 8-5, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 8-5. Administrative Supervision. The department of water supply shall come under the general supervision and control of the [mayor, through the managing director] county manager.” SECTION 29. Article X, section 10-2, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 10-2. Preparation and Submission of Budget and Capital Program. (a) No later than March 1 of each year, the mayor shall [submit] transmit to the county council[:], upon the recommendation of the county manager: (1) An operating budget for the ensuing year. (2) An operating program for the ensuing three fiscal years. (3) A capital budget for the ensuing fiscal year. (4) A capital program for the ensuing six fiscal years. (5) An accompanying message. The mayor shall [submit] transmit, upon the recommendation of the county manager, amendments to the operating budget, operating program, capital budget, and capital program, together with an accompanying message, to the county council within ten working days after the close of the state legislature but not later than May 5 of each year. (b) On or before the date specified by the [mayor,] county manager, the head of each county agency and executive agency shall furnish the [mayor:] county manager: (1) Estimates for the current fiscal year and ensuing fiscal years covering the revenues and expenditures of the agency or executive agency concerned. (2) Estimates of any capital improvements pending or proposed to be undertaken within the ensuing fiscal year and within the five fiscal years thereafter. (3) Such other information as the [mayor] county manager may request. (c) The [mayor] county manager shall review all the estimates furnished[.] and submit a draft budget to the mayor. The mayor may hold public hearings thereon and may revise the estimates in such manner as the mayor deems advisable in preparing the budgets and programs. (d) Upon [submission,] transmission, the budgets, the programs and messages shall be a public record in the office of the clerk of the county council and shall be open to public inspection. The mayor shall at the same time make available copies of the budgets, the programs and messages for distribution to interested persons.” SECTION 30. Article X, section 10-8, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 10-8. Appropriations: Supplemental and Emergency. When during any fiscal year there are available any funds for appropriation, the [mayor] county manager shall certify to the county council and the county council may amend or make supplemental appropriations for the year up to the amount of available revenues. Such appropriations may be made by ordinance effective immediately upon adoption. To meet a public emergency affecting life, health or property, the council[,] may make emergency appropriations. Such appropriations may be made by ordinance and must be approved by all council members present or by two-thirds of the entire membership. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may, by ordinance, authorize the issuance of emergency notes. These notes may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the first day of the fiscal year next succeeding that in which the emergency appropriation was made. The total of emergency appropriations in any fiscal year shall not exceed one-half of one percent of the total operating appropriations, excluding those for debt service made in the operating budget for that year.” SECTION 31. Article X, section 10-9, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 10-9. Appropriations: Reduction and Transfer. If at any time during the fiscal year it appears probable to the [mayor] county manager that the revenues available will be insufficient to meet the amount appropriated, the [mayor] county manager shall report to the county council without delay, indicating the estimated amount of the deficit. For that purpose the council may, by ordinance, reduce one or more appropriations; but no appropriation required for debt service may be reduced and no appropriation may be reduced by more than the amount of the encumbered balance thereof or below any amount required by law to be appropriated. The [mayor] county manager may at any time during the fiscal year transfer part or all of any unencumbered appropriation balance between classifications of expenditures or programs within an agency or executive agency; and if at any time the [mayor] county manager so requests in writing, the council, by resolution effective immediately upon adoption, may transfer, part or all of any unencumbered appropriation balance from one agency or executive agency to another. But no transfer shall be made from appropriations for debt service or for estimated cash deficit; and no appropriation may be reduced below any amount required by law to be appropriated. The [mayor] county manager shall notify the county council of any transfer of funds within an agency or an executive agency no later than thirty days after authorizing such a transfer.” SECTION 32. Article X, section 10-12, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 10-12. Special Funds. Upon recommendation of the [mayor] county manager, the council may, by ordinance, abolish or establish such special funds as may be necessary for the proper and efficient segregation of fiscal operations of the county.” SECTION 33. Article X, section 10-13, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 10-13. Post-audit. The county council shall provide at least once every year for an independent audit of the accounts and other evidences of financial transactions of the county and of every county agency and executive agency. The audit shall be made by a certified public accountant or firm of certified public accountants, designated by the council, who have no personal interest, direct or indirect, in the fiscal affairs of the county or of any of its agencies or executive agencies. The audit shall include both financial accountability and adequacy of the financial and accounting system. If the State makes such an audit, the council may accept it as satisfying the requirements of this section. Either the council, the county manager or the mayor may at any time order an examination or audit of the accounts or program of any county agency or executive agency. Upon the death, resignation, removal or expiration of the term of any county administrative officer, the director of finance shall cause an audit and investigation of the accounts maintained by the officer and the officer’s agency or executive agency to be made and shall report the results thereof to the county manager, the mayor and the council. In the case of the death, resignation or removal of the director of finance, the council may cause an audit to be made of the accounts of all agencies and executive agencies. If, as a result of any such audit, an officer be found indebted to the county, the [mayor] county manager shall proceed forthwith to collect the indebtedness.” SECTION 34. Article XIII, section 13-1, of the Charter of the County of Hawai‘i (2024 Edition), is amended by amending the definition of “officer” to read as follows: “(d) “Officer” includes the following: (1) Mayor, county manager and members of the council. (2) Any person elected or appointed as administrative head of any agency of the county or appointed as a member of any board or commission provided for in this charter. (3) Any person appointed by a board or commission as the administrative head of any agency of the county. (4) Deputy, assistant or division chief appointed by the administrative head of any agency of the county. (5) Assistant or deputies of the corporation counsel and prosecuting attorney.” SECTION 35. Article XIII, section 13-8, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 13-8. Term of Office and Appointment of Department Heads. (a) The term of office of department heads, except for those appointed by the county manager, shall be coterminous with that of the mayor provided, that where a successor has not been appointed, sitting department heads may continue in office pending such appointment. (b) [The mayor shall appoint department heads] Department heads appointed by the mayor shall be appointed within thirty days of the mayor taking office or within sixty days after the occurrence of any vacancy. The council shall act to confirm or reject any appointment of a department head by the mayor within sixty days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within sixty days, the appointee shall be deemed to have been confirmed. (c) Department heads appointed by the mayor shall take office upon appointment but shall not continue in office if the council denies confirmation. (d) Department heads appointed by the county manager shall be appointed within thirty days of the county manager taking office or within sixty days after the occurrence of any vacancy and shall take office upon appointment.” SECTION 36. Article XIII, section 13-19, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 13-19. Annual Reports. Not later than ninety days after the close of the fiscal year, each agency of the county shall make an annual written report of its activities to the [mayor] county manager in such form and under such rules as the [mayor] county manager may prescribe. Not later than one hundred twenty days after the close of the fiscal year, the [mayor] county manager shall publish an annual report concerning the activities of all agencies of the county. A copy of such report shall be filed in the office of the county clerk.” SECTION 37. Article XIII, section 13-22, of the Charter of the County of Hawai‘i (2024 Edition), is amended to read as follows: “Section 13-22. Coordination of Work. The [mayor] county manager shall devise a practical and working basis for the cooperation and coordination of work by the various agencies to eliminate duplication and overlapping of functions, and such agencies shall, so far as practicable, cooperate with each other in the use of employees, land, building, quarters, facilities and equipment. The head of any agency may empower or require an employee of another agency, subject to the consent of the head of such other agency, to perform any duty which might be required of the employees of that agency. Whenever in this charter power is vested in an agency to inspect, examine or secure data or information or to procure assistance from any other agency, a duty is hereby imposed upon the agency upon which demand is made to render such power effective.” SECTION 38. Article XVI of the Charter of the County of Hawai‘i (2024 Edition) is amended by adding a section to be appropriately inserted and to read as follows: “Section 16-13. Acting County Manager. The mayor shall have the authority to appoint an acting county manager, who shall exercise all the powers and duties of the office of county manager, until the council confirms the first county manager in accordance with Section 6-1.2.” SECTION 39. 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 revisor need not include the brackets, bracketed and stricken material, and underscoring. SECTION 40. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 41. Upon adoption of this ordinance, the Council, by appropriate resolution, shall provide that this charter amendment be submitted to the electorate of the County of Hawai‘i for approval in the 2026 general election. SECTION 42. The charter amendment proposed in this ordinance shall take effect on the first Monday of December immediately following the election to the office of mayor of a person who did not hold the office of mayor when this amendment was approved by a majority of voters voting on this legislation in the 2026 general election, as duly certified. 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: