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Home My WebLink AboutORD 2004-058 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 253 Draft 2 ORDINANCE NO. 04 58 AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 18 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO ADMINISTRATION AND TO MASS TRANSTT BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION l . Purpose. The purpose of this measure is to properly identify the departments and agencies under the direct or administrative supervision of the managing director, instead of the Mayor, pursuant to the 2000 Charter Amendments; to amend all references of "mass transportation" and "transportation coordinator" and change it to "mass transit" and "mass transit administrator", respectively; and to reflect the recent conversion of the mass transit administrator position from exempt to civil service and to note it now as the agency's chief administrator. The County Charter does not identify the Mass Transit Agency as one of the departments in the Executive Branch but it is identified as a County agency under Chapter 2, Article 2, Section 2-7 of the Hawaii County Code. In Chapter 2, Article ] 4, Section 2-76, Creation, the Mass Transit Agency has the single function of providing mass transportation for the County of Hawaii. This agency's characteristics, i.e., siugle function and scope of services, are comparable to that of the Office of Aging and the Civil Defense Agency, and of which are headed by civil servants. It is with this justification and pursuant to Hawaii Revised Statutes, Section 76-I6 (g), (h) Civil service and exemptions, the Mass Transit Administrator position was converted from an exempt, appointed department head to civil service. Pursuant to Hawaii Revised Statutes, Chapter 51 titled Mass Transit, "mass transit" and "mass transportation" are defined with identical meanings. For consistency purposes, "mass transit" will be used instead of "mass transportation" when mentioned within the Hawaii County Code. SECTION 2. Chapter 2, Article 2, Section 2-7, of the Hawaii County Code 1983 (1995 Edition), as amended, is amended to read as follows: Section 2-7. Organization of executive branch. (a) "I'he executive branch of the County is organized into the following [ag~nsies] agencies/departments: (1) ~~~•°~^-'~°^'~^^°^^°j A~;ency and a~ency heads under direct supervision of the manaaina director: fTL~D Arn_~TT oiV_TJ fTCD A DTARC ATT IID A Tl l AGENCY L AGENCY HEAD (A) Civil defense ............................................Civil defense administrator (B) Office [on] of aging ....................................County executive on aging (C) [Department] Office of housing and community development Housing administrator (D) Mass Transit .............................................['T'-^.,....,..«,..:,,., ,.,.,._a:.....,,_] Mass Transit Administrator (2) Departments and heads under direct supervision of the managing director: DEPARTMENT DEPARTMENT HEAD (A) OfFice of Management .......................................Managing [D]director (B) Corporation Counsel ........................................Corporation [G]counsel (C) Department of finance ..........................................Director of finance (D) Planning department ...............................................Planning director (E) Department of environmental management ............................Director of environmental management (F) Department of research and development ...................Director of research and development (G) Department of public works ..............................Director ofpublic works (H) Department of parks and recreation ................Parks and recreation director (I) Data systems ................................................Director of data systems (3) Departments and administrative heads under commissions and administrative supervision of the [mayer] manaeinQ director: DEPARTMENT ADMINISTRATIVE HEAD (A) Department of civil service ......................Director of ersonncl P (B) Police department ......................................................Chief of police (C) Department of liquor control .................................Director, department of liquor control (D) Fire deparnment ................................................................Fire chief (E) Department of water supply ..................................................Manager SECTION 3. Chapter 2, Article 14, of the Hawaii County Code 1983 (1995 Edition), is amended to read as follows: Article 14. Mass [~t,ertntle}z] Transit Agency. Section 2-76. Creation. For the purpose of providing mass [£rat~spe~] transit service in the County whether directly, jointly, or tinder contract with private parties, an agency to be known as the mass ~t3 ~~~o;=,] transit a~ency is created in order to implement chapter 51 of the llawaii Revised Statutes. Section 2-77. [ ]Mass transit administrator created. There shall be a [t~-^^°^^-'^~^^ ^^~-a^,^*^-] mass transit administrator. ~°'^°'^^~.Q-~aI;-~ ~~'°a •°a The position of ~transt3eHeFien ^.a:..^'^- ° ~ ° mass transit administrator shall be in the civil service and shall be filled through civi] service recruitment procedures based on merit. Section 2-78. Duties of [ ]mass transit administrator. The [t~^"^^~°'^'~^~ ,.,.,._a:..^'~-] mass transit administrator shall have direct responsibility for the administration and operation of County mass [ir-anspertamen] transit service, whether such service is provided directly, jointly, or under contract with private parties. The ^ ~^.a:^^'^°] mass transit administrator shall be under the direct supervision and control of the [mayor] manasinQ director and shall have the authority to staff the agency with necessary personnel to carry out the purposes of the agency. " SECTION 4. Chapter 18, Article 1, Division 1, Section 18-4 of the Hawaii County Code ] 983 (1995 Edition), is amended to read as follows: Section 18-4. ["r°°°^~' ^^^-a~°°'°-] Mass transit administrator as chief administrator. The ^^^~a~^`^^~] mass transit administrator shall be the chief administrator and he may assign any cleric, stenographer, agent or other assistant from the mass transportation agency to the commission as may be necessary and define their powers and duties. SECTION 5. Material to he deleted is bracketed. New material is underscored. 1n printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. 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 the ordinance which can be given effect without the provision or application, and, to the end, the provisions of this ordinance are declared to be severable. SECTION 7. 'Chis ordinance shall take effect upon its approval. Int du y: a Council Member, County of Ilaw i`i Hilo , Hawaii Date of Introduction: May 5, 2004 Date of 1st Reading: May 5, 2004 Date of 2nd Reading: May 19, 2004 Effective Date: May 27, 2004 '~FEI?Ebf;:: ~OI?:fnE, 568..1.... OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ' ' (Draft 2) n•: r, ~,i n' Introduced By: Aaron S . Y . Chung A' L E Datelntroduced: May 5, 2004 AY~$`;' ~ NOES, ABS EX PirstReading: May 5, 2009 Arakaki r~Ol,'I I~' - Published: N/A Chung X Elarionoff X REMARKS Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 Second Reading: May 19, 2009 To Mayor: May 21, 2009 ROLL CALL VOTE Returned: May 28, 2004 AYES NOES ABS EX Effective: May 27, 2004 Arakaki X Published: June 6, 2004 Chung X Elarionoff X REMARKS Holschuh X Jacobson X Reynolds X Safarik X Tulang X Tyler X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by t ounty Council published as indicated above. APPROVED AS TO FORM AND ).€GALIZY': yam`/^~~ ~ ~ ~ / ' ~ UNCIL CHAIRMAN TDEPUTY CORPORATION COUNSEL 4,~ COUNTY OF HAWAII j ~ t~ NTYCLERK Date ~ ' 253 (Draft 2) Bill No.: _ ~ Reference: C-568.1/FC-249 Approv Disapproved phis a7 day Ord. No.: 04 58 ~f M~ zo o~ vt/v~ YORE CCX INTY OF HAWAII Hawaii County is an Equal Opportunity Provider and EYnployer