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HomeMy WebLinkAboutCOM 0483.004 1996-1998 ~tY OI N~4 -l;- ~J~. Stephen K. Yamashiro Richard Wurdeman Moyor Corporation Counsel •:'O ~h'oi'M~+~ ~IILtIt~~1 D~ ~tIf1T~Ctl OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Faz (808) 961.8622 ~ - r~ c. December 18, 1997 ~ r~ Ms. Connie Kiriu _ Legislative Auditor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Kiriu: Re: Bill No 138. Draft 3 relatingto Salary Commission This is in response to your request for an opinion on the above-referenced matter. You ask whether §3-13 of the Hawaii County Charter, which requires the council to adopt a pay plan for certain county employees, would need to be amended if § 13-28 of the Charter were amended to allow the salary commission to set the pay for county departments heads and other executives. Our reply is that §3-13 need not be amended. Section 3-13 provides that: Any persons employed by the county or any of its boards or commissions, whether as officers or otherwise, except those whose pay is otherwise provided for shall be paid in accordance with a pay plan enacted by ordinance.... The language "except those whose pay is otherwise provided for" would include the situation of the pay of employees whose compensation is set by the salary commission. This has been the case with the county council members and if the amendment is made to add other officers to the jurisdiction of the salary commission then current language would apply to those other officers as well. o~ X8'3. o >n)~ r~. ~ Fife C OUti/GIC- I Ref. Co: ~ q ltet. Dame-..yL~,:..,~.,.,:. Ms. Connie Kiriu Page 2 December 18, 1997 If you have any further questions, please let me know. Sincerely, RICHARD D. WURDEMAN Corporation Counsel By \l V .R � PATRICIA K. O'TOOLE Deputy Corporation Counsel PKO:mo kiriu.pko w~i or q~~ y6i'., DONALD IKEDA ALAN S. KONISIII County Clerk ~ •'ti'r' Deputy Counrv Clerk CONSTANCE R. KIRIU OFFICE OF `rF1E COUI~(`iY CLERK Legialntire duditor County of Hauvii Hauuii County building 25 Auruni Strnt tLb, Hawaii 96720 r (7 ' C' r ` r- r,, i„ December 11, 1997 TO: Pat O"~'oy~i~Z~ Corporation Counsel PROM: Connie Kirin _ - Legislative Auditor 1ZC: Proposed Charter Amendment Bill Nu. 138, Uraft 3 relating lu Salary Cuuuuissiuu Section 3-13 and Section 13-28, Hawaii County Charley On October 15, 1997, the Cuunly Council deferred Bill No. 138 in order to reyuest your opinion as to whether a conflict exists between Section 3-13 and Section 13-28, IIawaii Couuly Charter. Specifically, a council member yuestioued whether Sec[ion 3-13, which requires the Council to adopt a pay plan, would have to be amended if Section 13-28 was amended as proposed (to allow Salary Commission to set the compensation for executives). Section 3-13 reads, in part , "Any persons employed by the county or any of its boards or cotmnissions, whether as officers or otherwise, except those whose pay is otherwise provided for shall be paid in accordance with a pay plan enacted by ordinance Since Sec[ion 13-28 is a section of this charter where the pay of a person employed by the county is otherwise provided, a conflict does no[ appear to exist. Please inform whether this conclusion is correct. if no[, what language would need to be added to Section 3-]3 to bring the provisions info conformance'? I appreciate your expeditious response.