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Home My WebLink AboutCOM 0471.000 1996-1998 Hawaii Star Association o? Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu ~ . 7 S~~ C;l c 1'f ~ CI- sue, ~I Au Tust 26 1997 CO~J,~v' ' ' b , To James Arakaki. Chairman and Members ofthe I}a~rau (ount~ Council From: Al Smith, Secretai}~-l'reasurer Hawaii State Association of Counties (HSAC1 Subject: HSAC Executive ComplittEe Meeting -August 22, 1997 The following highlights of the HSAC Executive Committee Meeting of August 22. 1997 are hereby submitted. The Secretary's Minutes of the Fxecutn c Committee Meeting of Jurt~=27,..1997 were approved and placed on file (attached for information) The "treasurer's Reports for the months ol'June 1997 and JuI}~ 1907 were approved and placed on file (attached for information). Under NACo Reports, it was reported that C- Vernon Gra}~ of Howard Counq~. Marylagad and Jane Hague of King County, Washington ~~ere elected as new NACo Officers- It wag ~1S~s reported that a 2.8% per annum NACo Dues increase was approved by the Board af~JiYrrctt~x~.~' This dues increase is effective .lanuarv I. 1999_ Future NACo Annual Conferences sites are: Portland. Oregon 1 1998); St. Louis MESStTI~ x.1999); Charlotte, North Carolina(2000); Philadelphia. Pennsylvania(2001 New Orleans. Louisiana(2002); and Milwaukee. Wisconsin(2003 Should Hawaii desire to host a T~ACo Annual Conference, the next available date is ?004. Under W1R Reports, President Mansho reported that the nest WIR Board Meeting will be October 8-] I, 1997 in Santa Fe, New wlexico President Mansho indicated that she intends to bring up the open skies and air rights issues at the A~lR Other issues or concerns for our National Legislative Package should be submitted to HSAC immediately Under Unfinished Business, action on item. relating to [hated States Air Rights Negotiations. County Authority to Designate Enterprise /ones, and on a Kequest for Special Session to Resolve ,y.~•~.,,, Issues Relating to Privatization ~ti~ere all deferred pending action b} the other counties- ~ ~x,...yy H mot, race SEP 0 3 1997 James Arakaki, Chairman August 27, 1997 Page 2 Under New Business. the Executne (~~~mnnttee first recieeied Honolulu Council Resolution 97- 255 which urges the Governor and the four Bounties of the State to collecti~ eI~ establish a statewide uniform alcohol and substance abuse tesnn~= police This matter was refen~ed to the counties for consideration as an HSAC position ~ Kesnlution attached. Action Requested) Next under New Business, the Ef~ecuti~. c ununittec renewed interim bylaws and polio amendments to divide the duties of the HSAC .Secretan~-Treasurer into to separate offices The proposed amendment also eliminates the office of HSAC' Second Vice President 1 Proposal attached, Action Requested) Also under New Business, the Executi~ e C ommittee reviewed a communication from Mi William Hachmeister on a conceptual proposal for the location of A~ ionic and ,Aerospace Micro Electronic Industries in Hawaii. This matter was deferred as there was a desire to review a defined proposal. Mr. Hachmeister will be asked to present n more detailed and definitive plan Finally under New Business, the E,xecuti~ c Committee was informed that the l ~ S Senate has amended the eligibility criteria for Federal Empowerment 7_ones and Enterprise Communities so as to recognise the economically depressed areas and unique characteristics of Hawaii and Alaska. Since the establishment of this program. Hawaii and Alaska ha~~e not been able to access funds available to address serious condition of homelessness, substandard housing and lack of economic opportunity. Conference deliberations behveen the House and Senate on this matter ti-ill begin shortly. There being no further business, the meeting was adjourned. fhe next HSAC F:xecuti~~e Committee meeting is scheduled for September 26. 1997 at 9:00 a.m. in the Honolulu Council Committee Room. Attachments HaWc~l t State Assoc~at~on of Counties Counties of Kauai. Maui and Hawaii. City B. County of Honolulu p._ , i ~G HAWA[[ STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING June 27, 1997 Hawaii Naniloa Resort Hilo, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 8:00 a.m. The following members present made up a quorum: City and County of President Rene Mansho Honolulu Staff Elaine Lee County of Maui First Vice President Dennis Nakamura Staff David Raatz County of Kauai Second Vice President Ronald Kouchi Staff Cyndi Ayonon County of Hawaii Secretary-Treasurer AI Smith Staff Geratd Monden Also present: Hawaii County Council Member J. Curtis Tyler, III Kauai County Council Member James Tokioka Hawaii County Legislative Auditor Constance Kiriu Sean McLaughlin I[. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the May 23, 1997 meeting of the HSAC Executive Committee were approved as circulated. [[I. TREASURER'S REPORT The Treasurer's Report for the month of May 1997 was approved as circulated. . „'C4~ z aslel of ~Cl?[?gE s a~Ee~y ,C11e1 uo paseq sEm Elnwlo3 s?yl3o uEd -a~EeN ~1]E'] 103 sasnuoq 9unndwoa 103 Elnwlo3 e3o suleluoa ya?ym a3e~aed uoUESUadwoa E sEm a9Eyaed sanp ayl yl?m pap lEyl paleo?pu? Iy~no}I luaprsald a~?n -,Cauow 3wsle13o iCEM E sE sa?woooaa 9ul~ool aq pinoys o~yH leyl pue asealau? sanp a lsu?ESe sem uo?usod lay leyl palea?pu? oysuEy~ luap?sald '6661 ,C1Enue f Swuw3aq 1Ea~C ,S1ana %8'Z ,Cq sanp IEnuue ayl asealau? of IESOdo1d e s? pleog o~yH ayl alo3aq anssl laylouy -llno33!P aq plnom I?aunoa mau ayl3o uonetuauo puE luawl!wwoo ayl leyl p~ sl!wg uual of anp aa~o3o lno aq plnom I?auno~ ~Cl!~ nlnlouoH ayl3o slagwaw 1ua11na ayl3o pe `£OOZ anslnd of alam neme}I;? leyl palou sem a `$u?pp?q of loadsal yl!n~ •aled?a?ued of paxsE aq II?m ~dSH Pue .Clunoa lsoy ayl aq II?m nyep •lloddns 103 slcounoo ~i]unoa mo oiyaeq oS uayl p?m am `pIq E lab op am uaym leyi palsaS9ns oysueyl luap?sald -ZOOZ u? aq ,Clgegold II?m y~?ym alep aigel?ene lxau ayl 103 p?q E UI lnd OSIE IIIM IIEMEI-[ 'algEl?EnE lou s? 6661 103 p?q ayl3[ •salep awes asoyl 103 neme}I wo13 pau?wgns aq II?m p?q E `aauala}uo~ 6661 ayl lsoy of p!q 1!ayl mwpyl?m smog '1S PlnoyS '6661 u? 8umaddey aq Ihm lEym uuguoo of sle?o~o scnoZ '1$ ql?m L661 `0£ aun£ `,Cepuoy~ uo laaw of pasoddns ale sIEIO133o o~yH •wsuno;, ~g luawdolanaQ olwouoa3 `ssawsng 30 luaupledaQ ayl puE neamg uo?luanuo~ puE slol?s!n nemEH ayl yl?m ,Clasola 9u?~1om s? ays •p?q nayl slaauEa unoss?y~ `s?noZ lEyl Juana ayl w nlnlouoH u? aouala3uo~ lEnuuy oddly 666 [ ayl lsoy of IESOdo1d pIq a layla5ol Sulund3o ssaaad ayl w mou a1E am lEyl pauodal oysuE~ luap?sald suodag o~yly 'PaI3 sem slauew ~ySH 9wp1e9a1 `L661 `1Z,tey~ palep `oysueW luap?sald of `~1a1~ ,Cluno~ ?nEyy `olouiewE,t, 1,C1eQ wo13 31oda~ ,Cluno~ aye -,Cluno~ ?nEyy 30 ~1a1~ ~Cluno~ ayl sI olouteuiE,~ I,S.IEQ lEyl laa~al of palaalloa sEm Epua~E ayZ uoda~ ,Cluno~ 'g -suoda~ call?wwo~ an?lnaaxg ou alam a1ay~ 31oda~ aau?wwo~ an?lnoaxg •d s3.~oa~x 'n~ revenues for NACo. Vice President Kouchi indicated that his reservations about the dues increase is the fact that Lazry Naake's bonus compensation can be based on additional revenues such as dues increases, royalties from PEBSCO, and from prior yeaz savings or Fund Balances. These sources of revenue are not a result of Mr. Naake's abilities and should not be used in the computation. He further indicated that because of these reservations, he will be more than likely be voting against the dues increase. D. WIR Report Second Vice President Kouchi presented the Executive Committee with a Projected Financial Status Repoli on the 1997 Western Interstate Regional Annual Conference which was hosted by Kauai County on May 21-24, 1997. The report, showing outstanding receivables of $9,400.00, projected that HSAC's contribution to this event would be $5,490.00. The WIR Conference drew a record attendance of over 600 delegates, well over a planned attendance of 500, and as such, revenues had to be supplemented. NACo, who realizes all registration revenues, will be providing an additional $4,900.00 to offset unanticipated costs. Second Vice President Kouchi also extended his appreciation to the neighbor islands for their suppoR of the conference, both as attendees and in staff suppoR. Afrer acknowledging receipt of some written apologies from several of the NACo staff members for certain miscommunications at the WIR, and especially in light that we do not receive any ofthe registration monies, Vice President Kouchi also suggested that for future conferences, there be a clear delineation of staff responsibilities so that the host county doesn't end up holding the bag. President Mansho reported that the Department of Business, Economic Development & Tourism will be providing HSAC with a financial impact report of what kind of money the WIR Conference generated on Kauai and on the neighbor islands and remazked that it will be interesting to see how much money was returned to our economy in comparison to HSAC's expenditure of $5,490.00. The Projected Financial Status Report on the 1997 Western Interstate Regional Annual Conference was placed on file. A repoR on the 1997 WIR Conference was also submitted by President Rene Mansho. This repoR included summary notes of the WIR and NACo Board of Directors Meetings. This repoR was placed on file. 3 V. UNFINISHED BUSINESS A. Proposed HSAC Budget for Fiscal Yeaz 1997-98. Each of the four counties reported adoption of the proposed HSAC budget for Fiscal Year ] 997-98 as submitted by Al Smith, Secretary-Treasurer, via communication dated Mazch 14, 1997 . B. Proposed Slate of HSAC Officers for Fiscal Yeaz 1997-98. Action on the proposed slate of HSAC officers for fiscal year 1997-98 was deferred pending action by the Maui County Council. Until such time as the slate is approved by Maui County, and until such time as the slate is approved by the HSAC General Membership, the current officers shall continue in the same office. In discussion, it was pointed out that this matter was deferred on Maui because there was some concern about the bylaws of the State Association and a desire to review the matter and to perhaps make some suggestions. Part of the concem dealt with the authority of the Executive Committee. Another concem was the authority of each respective county to change the slate. It was pointed out that it is the county's prerogative to select their representative on the HSAC Executive Boazd. Membership is not limited to a select few. In fact, it was pointed out that in at least one county, very few, if any, aze able to serve because of conflicts with jobs and other activities. It was suggested that a letter be sent to the Chair of the Maui County Council expressing the willingness of the Executive Committee to meet with them to discuss the bylaws, and operations of HSAC. C. Nominations to NACo Boazd of Directors For Fiscal Yeaz 1997-98 Each of the four counties reported the approval the HSAC nominees to the NACo Boazd of Directors for fiscal yeaz 1997-1998. The HSAC nominees to the NACo Boazd of Directors for fiscal year 1997-98 aze: HSAC Representative Ron Kouchi, HSAC Second Vice President Minority At-Large Dennis Nakamura, HSAC First Vice President 4 D. Nomination to WIR Board of Directors For Fiscal Year 1997-93 Each of the four counties reported the approval of Rene iMansho, HSAC President as the HSAC nominee to the ~VIR Board of Directors for fiscal vear 1997-1993. E. Requesting a Veto of Senate Bill 37, SDI, HD2, CD t, Relating; to Enterprise Zones. [t was reported that the Governor had signed in to law as Act 2G2, Senate Bill 37, SD 1, HD2, CD 1, Relating to Enterprise Zones. As the HSAC position of urging a veto of Senate Bill 37, SDI. HD2, CD t is no longer valid, the matter was filed. F. Nominations for the NACo Steering Committees for Fiscal Year 1997-98 The following county council nominees were nominated to 1997-98 NACo Steering Committees: 1. Maui Dennis Nakamura -Finance & Taxation Charmaine Tavares -Community & Economic Development 2. Kauai Ron Kouchi -Environment, Energy R Land Use James Tokioka -Community 8c Economic Development 3. Hawaii Al Smith -Public Lands J. Curtis Tyler, III -Environment, Energy & Land Use 4. Oahu Rene Mansho - Transportation R Telecommunications G. State Funds for the Expansion of DARE President Mansho reported that the State Legislature appropriated $250,000 to expand the DARE program in fiscal year 1997-98 to Oahu's intermediate and high schools through House Bill 3~0, House Draft I, Senate Draft I, Conference Draft I. 5 H. Public Land Liability Immunity President Mansho advised the Executive Committee that Act 190, Session Laws of Hawaii 1996, requires the counties that operate a public beach pazk to wam of dangerous shorebreak or strong current in the ocean adjacent to a public beach pazk. Specifically, Section 663-_(e) of the bill provides that "neither the State nor a county shall have a duty to wam on beach accesses, coastal accesses, or in azeas that aze not public beach pazks of such dangerous natural conditions in the ocean." Act 190 will be repealed on June 30, 1999. V[. NEW BUSINESS A. Endorsement of NACo Officers The Executive Committee discussed the early endorsement of candidates for NACo First Vice-President and Second Vice-President. First Vice-President candidates are: Vemon Gray of Howard County, Maryland, and Gerry Hyland of Fairfax County, Virginia. Second Vice-President candidates are: Jane Hague of King County, Washington, and Carol Roberts of Palm Beach County, Florida. No action was taken on the early endorsement by HSAC of Gerry Hyland and Jane Hague as both Oahu and Hawaii County did not have an opportunity to address this matter. Should Oahu and Hawaii County not address this matter by July 10, attendees at the NACo Conference in Baltimore will caucus and decide on this matter. B. Air Rights Negotiations The Executive Committee referred Honolulu Council Resolution 97-126, CDI, urging the United States Department of Transportation to recognize Hawaii's geographic constraints during air rights negotiations to the counties for consideration. The resolution points out that in recent U.S. -Japan air rights negotiations, 40 percent of asegment ofJapan-Hawaii routes were eliminated as part of the U. S. Department of Transportation's position, which drastically reduced a growing part of a segment of Hawaii's tourism base. The resolution urges the U. S. Department of Transportation to recognize Hawaii's geographical isolation and dependence on air transportation routes and air traffic for both passengers and cargo for its economic viability and asks that our State be given special consideration similar to that being granted to Guam and Alaska. The resolution further urges Hawaii's Congressional Delegation to oppose efforts which diminish air routes to Hawaii and encourages the U. S. Department of Transportation to negotiate air agreements which economically benefit the State and does not reduce flights to the islands. 6 e n C. HMSA's Reimbursement and Discount Contract with State Community Hospitals Action by the Executive Committee on Tom Russi's and Ms. Christine Paul's concerns relating to the HMSA's Reimbursement and Discount Contract with State Community Hospitals was deferred. It was pointed out by Councilmember Tyler that Councilmember Yagong on the Big Island had accepted the lead on this issue and that this matter was still pending in Hawaii County. D. Privatization On the issue of Privatization, President Mansho indicated that Mayor Yamashiro had suggested that HSAC take a position in support of a special session The three neighbor island counties all reported having taken a formal position on this matter. This matter was deferred pending action by the Ciry and County of Honolulu. E. Homerule Issues Relating to Enterprise Zones President Rene Mansho submitted Honolulu City Council Resolution 97-212 which urges the Hawaii State government to comply with Section 209E-4 of the Hawaii Revised Statutes ,which authorizes counties to designate enterprise zones. The resolution was referred to the counties for consideration an support. VII. COMMUNICATIONS The following communication were placed on file: 1. From Larry Naake, Executive Director, NACo, to State Association Executives, dated May 27, 1997, regazding fundraising for telecommunications act defense. Z. From Dennis Nakamura, First Vice President, to Executive Committee Members, dated May 28, 1997, regazding privatization issues. 3. From Al Smith, Secretary-Treasurer, to Executive Committee Members, dated May 29, 1997, regarding WIR Articles of Association and Bylaws. 4. From Donna Smith, Director of Insurance Services, NACo Financial Services Center, to President Mansho, dated June 4, 1997, regarding the New Public Official Surety Bond Program. 5. From Harj Shergill, Production Coordinator, Local Government Commission, to President Mansho, dated Lune 6, 1997, regarding the "Putting Our Communities back On Their Feet: The Road Less Traveled' conference. 7 VIII. ANNOUNCEMENTS Next Meeting: 9:00 a.m., August 22, 1997, Honolulu Council Committee Meeting Room. IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 9:14 a.m. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties -8- Hawaii Statue Association o>< Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu v ti August l 1, 1997 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period June I to June 30, 1997. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : June 1 through June 30, 1997 FUND BALANCE AT BEGINNING DATE $39,525.23 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $11,386.36 $6,000.00 0301nterest Income $101.90 $1,530.81 $1,400.00 090 Miscellaneous $0.00 $252.08 $0.00 Total $101.90 $41,169.25 $35,400.00 TOTAL RECEIPTS THIS PERIOD $101.90 Disbursements Executive Committee 201 Travel $1,218.00 $2,954.00 $3,960.00 202 Auditing Services $0.00 $4,333.31 $4,500.00 203 Stationery $0.00 $719.08 $800.00 209 Miscellaneous $0.00 $5.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,320.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $1,352.50 $4,718.22 $6,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $18,992.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $1,343.75 $2,000.00 502 Promotional $10,000.00 $15,746.48 $25,000.00 503 Dues $0.00 $2,200.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $12,570.50 $51,011.84 $66,372.00 TOTAL EXPENSES THIS PERIOD $12,570.50 FUND BALANCE AT END OF PERIOD $27,056.63 Hawaii Stag Association o~ Counties Counties of Kauai, Maui and Hawaii. City 8. County of Honolulu [f~~` August l2, 1997 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period July I to July 31, 1997. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties ra Enclosure . . r..~,~ •.r..., HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : July 1 through July 31, 1997 FUND BALANCE AT BEGINNING DATE $27,056.63 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $0.00 $28,000.00 010 Conference Income $0.00 $0.00 $6,000.00 0301nterest Income $87.54 $87.54 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $87.54 $87.54 $35,300.00 TOTAL RECEIPTS THIS PERIOD $87.54 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202Auditing Services $0.00 $0.00 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $1,596.00 $1,596.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $0.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $1,596.00 $1 596.00 $44,292.00 TOTAL EXPENSES THIS PERIOD $1,596.00 FUND BALANCE AT END OF PERIOD $25,548.17 CITY COUivCIL I I ••s CITY AND COUNTY OF HONOLULU pay O• HONOLULU, HAWAII NO. ` - tits RESOLUTION URGING THE GOVERNOR AND THE MAYORS OF THE COUNTIES OF THE STATE TO COLLECTIVELY ESTABLISH A STATEWIDE, UNIFORM ALCOHOL AND SUBSTANCE ABUSE TESTING POLICY IN APPLICABLE LABOR AGREEMENTS FOR PUBLIC EMPLOYEES IN SAFETY-SENSITIVE POSITIONS. WHEREAS, Title 49, Part 382, Code of Federal Regulations, hereinafter referred to as "Part 382," requires all commercial driver's licensed (CDL) drivers to be subject to testing for certain controlled substances ("drugs") and for alcohol use and that those CDL drivers who have failed alcohol and/or drug tests to obtain treatment recommended by substance abuse professionals; and WHEREAS, Part 382 places the primary responsibility of obtaining compliance with these testing requirements on the employers of these drivers, including the State of Hawaii and its counties; and WHEREAS, currently, the procedures for determining and/or imposing disciplinary action on public employees employed by the State or the counties are subject to collective bargaining pursuant to Section 89-9(d), Hawaii Revised Statutes, as amended; and WHEREAS, public employees in safety-sensitive positions include fire fighters, police officers, CDL drivers, and others, and most of these safety-sensitive employees are subject to alcohol and drug testing pursuant to federal regulations of Part 382 or the Collective Bargaining Agreements/Memoranda of Agreements (collectively, "Agreements") between the State, the counties, and the applicable labor unions; and WHEREAS, each Agreement authorizes different bases for testing (e.g., reasonable suspicion, random, back-to-work and/or post-accident testing) and different levels of testing (e.g., 25 percent, 50 percent, or 100 percent of employees to be tested annually); and WHEREAS, because Part 382 only requires CDL drivers to undergo alcohol and drug testing, there may be non-CDL public employees who drive public vehicles and are not subject to such testing; and , WHEREAS, the State and the four counties should strive to provide a statewide, uniform alcohol and drug testing policy for public employees in safety-sensitive positions, irrespective of their labor union representation in order to best ensure the safe OCS00664.R97 CITY COUNCIL s CITY AND COUNTY OF HONOLULU ~ HONOLULU, HAWAII No. '9'7 -255 RESOLUTION delivery of public services and reduce government exposure to liability suits; and WHEREAS, the Council believes that public safety should be recognized as a top priority in collective bargaining negotiations on matters relating to alcohol and drug testing of applicable safety-sensitive employees; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that the Governor and the mayors of the counties in the State are urged to collectively establish a statewide, uniform alcohol and substance abuse testing policy in applicable labor Agreements for public employees in safety-sensitive positions; and -2- RESOLUTION BE IT FINALLY RESOLVED that the Clerk be directed to transmit copies of this Resolution to the Governor, the Mayor of the City and County of Honolulu, the Mayor of the County of Maui, the Mayor of the County of Kauai, the Mayor of the County of Hawaii, and the President of the Hawaii State Association of Counties. INTRODUCED BY: ~ ~ 1.~.+ti.l~,.l~- Councilmembers DATE OF INTRODUCTION: J U L 3 1 1997 Honolulu, Hawaii (OCS/072897/ct) -3- CITY COUNCIL ADOPTED CITY AND COUNTY OF HONOLULU MEETING HELD Reference: HONOLULU, HAWAII AYE N A E Report No. I hereby certify that the foregoing RESOLUTION was RAINUM adopted by the COUNCIL OF THE CITY AND COUNTY OF FELIX HONOLULU on the date and by the vote indicated to the HANN MANN right. H LME KIM Resolution No. ATTEST: MAN HO MIRIKITANI 9~_ 2J.S YOSHIMURA GENEVIEVE G. WONG JOHN DeS0T0 DeSOTO Gty Clerk CHAIR AND PRESIDING OFFICER Da[ed Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City 8. County of Honolulu r 4` August 5, 1997 TO: PRESIDENT RENE MANSHO 2~°° & MEMBERS, HSAC EXECUTIVE COMMITTEE FROM: -AL SMITH, HSAC SEC'RL•TARY-TREASURF..R SUBJECT: PROPOSED INTERIM AMENDMENTS TO THE HSAC BYLAW'S AND POLICIES DIVH)ING THE DCfTIES OF THE SECRETARY-TREASURER. Attached please find proposed interim amendments to the HSAC Bylaws (Attachment A) and to the HSAC Policies (Attachment B) dividing the duties of th'e Secretary-Treasurer. These proposals are submitted for the purpose of efficiency and equity. Greater efficiency and equity would be achieved by allowing two officers to share the duties now done entirely by the Secretary- Treasurer. Accordingly, the attachments contain amendments: (i) That divide the duties of the Secretary-Treasurer among; the newly-created positions of Secretary and Treasurer. (2) That delete one Vice-President position in order to retain a total of four HSAC Officers, each of whom represents one county council: and. (31 That are non-substantive. Attachments ~.....v. /'a....y,, . ATTACHMENT A INTERIM BYLAWS AMENDMENT CONCERNING THE DUTIES OF THE SECRETARY- TREASURER SECTION 1. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 5, "Officers, " to read as Follows: "OFFICERS SECTION 5. The officers of the corporation shall consist of the President, [First] Vice- President, [Second Vice-President, and] Secretary(-] ,and Treasurer, none of whom shall be members of the same council. The term of each officer shall begin on July 1 immediately following the annual meeting at which elected and end on June 30 of the subsequent yeaz. [Except for the officers whose terms commence on July 1, 1988, officers] ffice of the corporation shall be elected in the following manner: (t) Prior to April 15 of each yeaz, each council shall appoint one of its members to serve as an officer of the corporation for the term commencing the immediate following July 1. Each council shall designate an alternate to the member serving as an officer of the corporation. Each council shall make the appointment in accordance with their respective rules and/or procedures. In making the appointment, each council shall delegate to the appointee sufficient authority to formulate the slate of proposed officers as provided under pazagraph (2). (2) Prior to May 30 of the same year, the four appointees, afrer consultation among themselves, shall present to each council a slate of proposed officers. The slate shall propose who, among the appointees, is to serve in each office of the corporation for the term commencing the immediate following July 1. (3) Before the annual meeting of the same year, each council afrer receipt of the slate shall take the action deemed necessary to act on the slate at the annual meeting; provided that no council shall take any action requesting or requiring removal from the slate of an appointee from another council. (4) At the annual meeting of the same yeaz, the slate shall be presented to the general membership for approval. The general membership shall vote on the slate as a whole, and not for each proposed officer on the slate individually. If the slate is approved, the proposed officers shall become the officers of the corporation for the term commencing July 1 immediately following the annual meeting. If the slate is disapproved and another slate of proposed officers is not approved at the annual meeting, each officer holding office on the date of the annual meeting shall continue in the same office until the general membership approves a slate. [The officers whose terms commence on July 1, 1988 shall be elected by the general membership at the annual meeting in June 1988 by resolution unanimously approved and without regazd to the procedures set forth in this paragraph.] The executive committee shall consist of the officers of the corporation." SECTION 2. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 6, "Vacancies," to read as follows: "VACANCIES SECTION 6. In the event of a vacancy in the office of President, [First] Vice-President, [Second Vice-President, or] Secretary ~L Treasurer, the vacancy shall be filled by appointment of a member of the same council as the officer who vacated the office. The appointment shall be made by the council from which the vacancy must be filled. Each council shall make the appointment in accordance with their respective rules and/or procedures. If the office of President becomes vacant, the [First] Vice-President shall serve as acting President from the date of the vacancy until the appointment of a President to fill the vacancy. If any other office becomes vacant, the President shall designate another officer or the President's self to assume the duties of the vacant office from the date of the vacancy until the appointment of an officer to fill the vacancy. If the offices of President and [First] Vice-President aze vacant simultaneously, the [Second Vice-President] a et shall serve as acting President from the date both offices become vacant until either vacancy is filled by appointment of a President or [First] Vice-President, as the case may be." SECTION 3. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 8, "Duties of the Vice-Presidents," to read as follows: "DUTIES OF THE [VICE-PRESIDENTS] VICE-PRESIDENT SECTION 8. The [First] Vice-President shall preside at any meeting of the general membership in the absence of the President and perform the duties delegated by the President or executive committee. [The Second Vice-President shall preside at any meeting of the general membership in the absence of the President and First Vice-President and perform the duties delegated by the President or executive committee.J" SECTION 4. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 9, "Duties of Secretary-Treasurer," to read as follows: "DUTIES OF THE SECRETARY [-TREASURER] SECTION 9. The Secretary [-Treasurer] shall keep [the] records of all meetings of the corporation and the executive committee , be responsible for amending or updating the Bylaws as amendments are approved and be custodian of the funds of the corporation.] end pre~~~P at any meetin og f the general membership in the absence of the President and the Vice- President. The Secretary [-Treasurer] shall serve without compensation[. The executive committee shall establish a procedure for the disbursement of corporation funds; provided that the procedure shall include a requirement that each negotiable instrument under which the corporation is payor shall be signed personally by the Secretary-Treasurer and at least one other member of a council]." SECTION 5. The Bylaws of the Hawaii State Association of Counties aze amended by adding a new section to be designated as Section 9A, "Duties of the Treasurer," to read as follows: "DUTIES OF THE TREASURER 4F['TION 9A The Treasurer shall keep.~ll financial records of the corooration and be the custodian ofthe corooration's fiords The Treasurer shall serve without compensation The executive committee shall establish a procedure for the disbursement of corooration fi_unds. provided that the ~pcedure shall include a req~jrement that each negotiable instrument under which the corooration is~avor shall be signed personally by the Treasurer and at least one other member of a council." SECTION 6. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 22, "Order of Business," to read as follows: "ORDER OF BUSINESS SECTION 22. The order of the transaction of the cormsration's business [of the corporation] shall be as follows: 1. Call to order by the President. 2. Reading of the minutes of the last meeting. 3. Reports of the [Secretary-] Treasurer. 4. Reports of committees. 5. Unfinished business. 6. New business. 7. Election of officers. 8. Announcements. 9. Adjournment " SECTION 7. The Bylaws of the Hawaii State Association of Counties aze amended by amending Section 24 (Amendment of Bylaws) to read as follows: "SECTION 24. Amendment of Bylaws. The Bylaws may be amended by unanimous vote at any executive committee or general membership meeting. The effectiveness of amendments by the executive committee shall be subject to the same procedures applicable to interim policies under section 10. The Secretary [-Treasurer] shall transmit copies of amendments to the Bylaws to each officer." SECTION 8. Material to be repealed is bracketed. New material is underscored. SECTION 9. The interim Bylaws amendments shall take effect upon the unanimous approval of the Executive Committee and shall become permanent upon compliance with Section 10 of the Bylaws. . ATTACHMENT B INTERIM POLICY DIVIDING THE DUTIES OF THE SECRETARY-TREASURER SECTION 1. The policies of the Hawaii State Association of Counties aze amended by amending the "Purpose" Section to read as follows: "EXECUTIVE COMMITTEE Purpose (Duties and Responsibilities) As Provided for the various sections of the Bylaws, including: 1. Establishment of a procedure for the disbursement of corporation funds, provided that the procedure shall include a requirement that each negotiable instrument under which the corporation is payor shall be signed personally by the [Secretary-] Treasurer and at least one other member of a council. (SECTION 9) 2. Establishment of interim policies on behalf of the corporation. (SECTION 10) 3. Providing for an independent accounting of the books and/or audit of the accounts and other financial transactions of the corporation and of all operations for which the corporation is responsible. (SECTION 10) 4. Serving as the primazy forum in the corporation for discussion, consultation, and formulation of policies and proposals on matters relating to the real property tax and intergovernmental relations and as the primary liaison between the corporation and State government. (SECTION 10) 5. Establishment of special committees to effectuate the purpose of the corporation and designate the purpose and procedures of the special committees. (SECTION 11) 6. Preparation and submittal to each council the corporation's operating budget on or before the fifteenth day of April before the ensuing fiscal year begins. (SECTION 17)" SECTION 2. The Policies of the Hawaii State Association of Counties aze amended by amending the "Procedures" Section to read as follows: "Procedures 1. The chairperson shall be responsible for mailing written notices (agenda) and pertinent information to be discussed at the meeting no later than six (6) days prior to the date of any meeting. 2. Items to be placed on the agenda shall be received by the chairperson no later than ten 0) working days prior to the date of the meeting. 3. The Secretary [-Treasurer] shall be responsible for the preparation of summarized transcripts and/or minutes of the meetings. 4. The Secretary [-Treasurer] shall be responsible for thg preparation of committee reports for the documentation of official actions and recommendations to the general membership. 5. Members shall be responsible for discussion and solicitation of input from their respective councils on appropriate matters of concern." SECTION 3. Material to be repealed is bracketed. SECTION 4. The interim policies shall take effect upon the unanimous approval of the Executive Committee and shall become permanent upon compliance with Section 10 of the Bylaws. • C s