HomeMy WebLinkAboutBIL 255 Draft 01 2004-2006OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo . Hawai`i
Introduced By: Virginia Isbell
Date Introduced: May 2, 2006
First Reading: May 17, 2006
Published: N/A
REAIMRKS: May 2, 2006: Postponed
May 17, 2006 — Close File due to lack
of majority aye votes.
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
4
4
0
1
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
Safarik
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.: 255
Approved/Disapproved this day Reference:
Ord No.:
of 20
MAYOR, CO LINTY OF HA WAI `I
C-785/FC-272
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 255
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI,
CHAPTER 8, SECTION 6-8.4, OF THE HAWAII COUNTY CHARTER 2000,
RELATING TO THE DEPARTMENT OF PARKS AND RECREATION, COUNTY
BANDS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Article VI, chapter 8, section 6-8.4, of the Hawaii County
Charter 2000, states that the county bands shall be a part of the department of parks and
recreation for administrative purposes. The bandmasters shall be appointed by the mayor and
may be removed by the mayor. The members of the band and other employees connected
therewith shall be appointed by the bandmasters and may be removed by the bandmasters with
the approval of the managing director, and all positions in the band shall be exempt from civil
service laws and classifications.
Prior to 2002, the Hawaii County Code, section 2-7, organization of executive branch,
identified the County band as a department and the bandmaster as a department head. In 2002,
Ordinance No. 02-56 amended section 2-7 to reflect the 2000 Hawaii County Charter
amendments voted upon by the citizens of the county. Ordinance No. 02-56 deleted the County
band and bandmaster references found in section 2-7.
As a result of this deletion, the County band may no longer be considered a department
and the bandmaster a department head. Therefore, the exemption from civil service for the
bandmaster as a department head is not applicable. State law does not provide any exemption
for the band members as well.
No other authority for exemption from civil service exists in State law for the positions of
bandmaster and band members. Therefore, exempt status is not consistent with the provisions of
Hawaii Revised Statutes sections 76-16 and 76-77.
SECTION 2. Article VI, chapter 8, section 6-8.4, of the Hawaii County Charter, 2000,
is amended by deleting the following section:
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored.
SECTION 4. 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 5. Upon adoption of this ordinance, this Council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County at the next
2006 general election.
SECTION 6. Upon approval of the Charter amendment proposed in this ordinance by a
majority of voters thereon, as duly certified, the provisions of this ordinance shall take effect at
twelve o'clock meridian on the first Monday of December after the 2006 election.
INTRODUCED BY:
4
COUNIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 2, 2006
Date of 1St Reading: May 17, 2006
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
P,EFI-RENCE: COMM. 785