HomeMy WebLinkAboutBIL 238 Draft 01 2004-2006 'tY Os h
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 2ss
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE Vll, CHAPTER 1, OF THE HAWAII COUNTY
CHARTER (2000), RELATING TO THE DEPARTMENT OF CIVIL SERVICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L
SECTION 1. Purpose. The role and function of the department of civil service and the
civil service commission have changed in response to changes in state law as well as in the
human resources field. Today, the department of civil service does more than simply administer
civil service Taws and rules. It increasingly provides services to county departments and
agencies in human resource management areas such as: strategic management; workforce
planning and employment; human resource development; compensation and benefits; employee
and labor relations; and occupational health and safety. This charter amendment would change
the name of the department to reflect its present role and function.
In addition, the Civil Service Reform Act, Act 253, SLH 2000, effectively eliminated the
functions of the civil service commission by transferring many of its administrative powers to the
director of civil service. In place of the commission, the Civil Service Reform Act created a
merit appeals board which would hear appeals from certain actions taken by the director, the
mayor, or other appointing authorities, or their agents. This charter amendment would change
the name of the commission to reflect this change.
To effectuate these changes, the proposed charter amendments would accomplish the
following
I . Change the name of the department of civil service to the department of
human resources;
3. Change the title of the director of the department of civil service from director of
personnel or director of civil service to director of human resources;
3. Change the title of the deputy director of the department of civil service from
deputy director of personnel or deputy director of civil service to deputy director of
human resources; and
4. Change the name of the civil service commission to the merit appeals board.
SECTION 2. Article Vll, chapter I, of the Hawaii County Charter (2000), relating to
the Department of Civil Service, is amended to read as follows:
"CHAPTER 1
DEPARTMENT OF [~'""'SCE] HUMAN RESOURCES
Section 7-1.1. Organization. There sha?1 be a department of [^~~•'~a~] human
resources consisting ofa director, a ^ merit appeals board and the
necessary staff.
Section 7-1.2. ~ .J Merit Aaoeals Board. The [^~••~~o„-ser:;ce
e~txissien] merit appeals board shall consist of five members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in section 13-4. [~.issia;,]
Board membership shall be representative of the community, and the members shall all be in
sympathy with and believe in the principles of the merit system in public employment.
Section 7-1.3. Director. The director of [c~-•-..;; ~~.=:i~~] human resources shall be
appointed by the [ ' ~ ]merit appeals board and may be removed by the
[cemmissier~] merit appeals board.
Section 7-1.4. Powers, Duties and Functions. The director of [^~•~~orl-tee] human
resources shall be responsible for the [personnel] human resources management program of the
county with two distinct categories of duties. The major duties shall be in the areas of equal
employment opportunities, personnel development, personnel deployment, personnel relations
and personnel welfare including employee safety and workers' compensation. The secondary
duties of the director shall be the administration of the civil service system and the maintenance
of the aims and mechanics prescribed by statute. The director shall be the administrative head of
the department of [c~•••~ri~] human resources and shall be responsible for the proper conduct
of all the administrative affairs of the department and for execution of the [personnel] human
resources mana ep ment program prescribed by this charter, ordinances, laws and regulations.
The merit appeals board shall function according to statute. The
director shall provide technical and clerical staff services to the [sen3+nissiea] board.
Section 7-1.5. Position Classification Plan; Compensation. Except as otherwise
provided by law or this charter, all positions in the service of the county shall be classified within
a position classification plan, and all persons holding such positions shall be compensated as
provided by the compensation law of the state.
Section 7-1.6. Administrative Supervision. The department of human
resources shall come under the general supervision and control of the mayor.
SECTION 3. Article Xlll, section 13-1 Q of the Hawaii County Charter (2000), relating
to prohibitions is amended to read as follows:
"Section 13-10. Prohibitions. No person who seeks appointment or promotion with
respect to any county position or appointive county administrative office shall directly or
indirectly give, render or pay any money, service or other valuable thing to any person for or in
connection with their test, appointment, proposed appointment promotion or proposed
promotion.
From and after the effective date of this charter no person who has the power of
appointment under this charter or ordinance enacted pursuant thereto shall appoint, employ,
promote or advance an individual who is a relative of the appointing authority to any office or
position under their supervision; provided, that the provision of this paragraph shall not be
construed to prohibit the appointment of a relative whose name appears on the eligibility list
submitted by the director of [^^'°•omi-~cr:ioc] human resources in accordance with the civil service
laws and the rules and regulations promulgated pursuant thereto.
The word "relative" as used in this section shall mean an individual who is related to the
appointing authority as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, step-father, step-mother, step-son,
step-brother, step-daughter, step-sister, half-brother, or half-sister."
SECTION 4. Article XIII, subsection 13-28(b), of the Hawaii County Charter (2000),
relating to compensation and the salary commission is amended to read as follows:
"(b) One member shall be a resident of each council district. In addition, the [siv+I
ser~iee] director of human resources and deputy [^~-•~.~'r~e] director of human resources shall
serve as ex-officio members of the commission in an advisory capacity."
SECTION 5. Article XVI, subsection 16-4(f), of the Hawaii County Charter (2000),
relating to status of agencies and transfer of functions is amended to read as follows:
"(f) Non-civil service employees or officers who are not transferred or appointed and
whose employment aze terminated as a consequence of the reorganization provisions of the
charter shall have the right to have their names placed on appropriate re-employment lists and
shall be deemed eligible for certification to positions in the class in which last occupied or in a
related class in the same or lower grade for which the qualification requirements aze met;
provided, that written applications for re-employment with the department of [^^'°~~:;ee]
human resources aze filed within thirty (30) days after the termination of employment. Such
certifications shall expire three (3) yeazs after the effective date of this charter."
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 7. 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 invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 8. 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 2006 general election.
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SECTION 9. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters in the 2006 general election.
'INTTRODUCED BY:
V u.W----
COU CIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
Rci ~~;~tii: Cemm: 726
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