Loading...
HomeMy WebLinkAboutBIL 232 Draft 01 2004-2006 ~tr,or r~ ^ i COUNTY OF HAWAII ~4°• STATE OF HAWAII .:c •'••»~O~~M~+' BILL NO. zsz ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO SECTION 13-4, ARTICLE XIII OF THE HAWAII COUNTY CHARTER RELATING TO COMPOSITION AND TERMS OF BOARDS AND COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAf L SECTION 1. Purpose. Section 13, Article XIII of the Hawaii County Charter sets forth the appointment requirements and duration of terms for members of the various boazds and commissions of the County of Hawaii. Currently, when a member of a board or commission resigns before the expiration of the member's term, a replacement is found to serve out the remainder of the previous member's term. In many cases, the replacement is serving a term of two years or less. Because members cannot currently succeed themselves, in many cases, willing members of the public would rather wait for a full term, rather than fill such a short term, thus no replacement is found and the board or commission must operate with the vacancy for the remainder of the term. This has created considerable hardship for these boards and commissions to operate with less than a full membership to meet quorum or having a sufficient number of votes to take action. It creates cancelled meetings or delayed actions because of insufficient votes. At present, the Charter precludes a replacement from being reappointed to the board or commission. On an initial appointment, the Charter does allow a member to succeed themselves, this amendment would extend this provision and its rationale to all members who serve less than a two-year term to succeed themselves, recognizing that this situation exists not only for initial appointments, but for all terms of less than two yeazs. This Charter amendment would assist the County of Hawaii in ensuring that boards and commissions are fully and properly staffed with qualified members. A provision for incorporating existing term limitations with the proposed successive terms is provided in Section 7. SECTION 2. Section 13-4 of the Hawaii County Charter is amended to read as follows: "Section 13-4. Boards and Commissions. Except as otherwise provided in this charter, all boards and commissions specifically established by this charter shall be governed by the following provisions: (a) The members shall serve staggered terms of five years. Upon the initial appointment of the members of a commission consisting of five members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three yeazs, one for a term of four years, and one for a term of five years. Upon the initial appointment of the members of a commission consisting of seven members, one shall be appointed for a term of one year, one for a term of two yeazs, two for a term of three years, two for a term of four yeazs, and one for a term of five years. Upon the initial appointment of a commission consisting of nine members, one shall be appointed to a term of one yeaz, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. (b) The members shall be appointed by the mayor, and confirmed by the council, and maybe removed upon recommendation by the mayor and the approval of the council. (c) No member shall be eligible for a second appointment to the same boazd or commission prior to the expiration of two years, {previded~karj-however, members of any board or commission r'., appointed for a term of a7 two yeazs or less shall be eligible to succeed themselves for an additional full term. (d) No member whose term has expired shall continue to serve on such boazd or commission, except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first. (e) Any vacancy occurring in any boazd or commission shall be filled for the unexpired term. (f) Not more than a bare majority of the members shall belong to the same political P~Y• (g) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance which shall be established by ordinance. Members of boards and commissions who do not receive compensation from their employers during the time they are serving on boards and commissions shall be reimbursed by the county for actual work hours lost at the straight time rate of pay of such members in their regulaz employment but in no case shall such reimbursement exceed five times the state minimum wage hour rate. (h) A chairperson shall be elected from its membership annually. (i) The affirmative vote of a majority of the entire membership to which a board or commission is entitled shall be necessary to make any action valid; except that in the case of a board or commission which has only advisory functions, the affirmative vote of a majority of those present shall be sufficient to make any action valid. (j) Each board and commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the board or commission is entitled. (k) Notwithstanding any other provision in this charter, no person shall, by reason of occupation alone, be barred from serving as a member of any board or commission. (1) The council shall act to confirm or reject any appointment made to a board or commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (m) The redrawing of council district boundaries during a commission member's term shall not affect a member's eligibility to represent the district to which the member was appointed." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 4. If any portion 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 the application, and to this end, the provisions of this ordinance are declared severable. SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii County for approval at the next 2006 general election. SECTION 6. Upon approval of the Charter amendment proposed in this ordinance by a majority of voters voting thereon, as duly certified, the provisions of Section 2 of this ordinance shall take effect at twelve o'clock meridian on the first Monday of December after the 2006 election. SECTION 7. Upon taking effect, the Charter amendment proposed in this ordinance will not be applied retroactively but shall only affect appointments made after twelve o'clock meridian on the first Monday of December after the 2006 election. INTRODUCED BY: ` ~I CO CILMEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of ls~ Reading: Date of 2"d Reading: Date of 3"~ Reading: Effective Date: _.-._.a; C;o~°r.~. __.__696