HomeMy WebLinkAboutCOM 0785.000 2004-2006
Harry Kim vV W
Michael R. Ben, SPHR
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Runafd K. Takahashi
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County of Hawaii
Department of Civil Service
Aupuni Center o 101 Pauahi Street, Suite No. 2 o Hilo, Hawaii 96720-4224 0 (808) 961-8361 o Fax (808) 961-8617
TTY (808) 961-8619 o e-maih coh&s@w.hawafi.hi.us o jobs ltyw atim : job Hotline (808) 961-8618 o e-mail: jobs@co.fiawaii.hi.us
March 22, 2006
The Honorable Stacy Higa, Chairman
And Members, Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Higa and Members of the County Council:
We are submitting the enclosed ordinance to amend the Hawaii County Charter
and to ask the Council's favorable action in approving the ordinance for submittal to
the voters of our County.
The ordinance will amend the Hawaii County Charter by deleting Section 6-8.4 in its
entirety:
"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 bands and other employees connected therewith
shall be appointed by the bandmasters and maybe 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."
Backaround
To ensure compliance with civil service exemption laws, we conducted a review of
the exempt status of the Bandmaster and band member positions in the Hawaii
County Band and West Hawaii County Band to determine if the positions should
continue to be exempt from civil service. We have found that all positions, including
the Bandmaster, should be in the civil service.
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
~Bt l Comm. No.
Hawaii County is an Equal Opportunity Provider and Emp(,5wR<sf. To: _
The Honorable Stacy Higo, Chairman
And Members, Hawaii County Council
March 22, 2006
Page 2
2000 Hawaii County Charter amendments voted upon by our citizens regarding the
reorganization of the executive branch. Ordinance No. 02-56 deleted the County
band and the Bandmaster references found in Section 2-7.
With the deletion, the County band may no longer be considered a department and
the Bandmaster a department head. Therefore, the exemption for the Bandmaster
as a department head is not applicable.
In order for a position to be exempt from civil service, there must be a specific
exemption found in state law. We found no exemption for band member positions in
the state laws. We further note that the City and County of Honolulu's Royal
Hawaiian Band musicians are all civil service.
In 1989, the Corporation Counsel opined that HRS §76-77(1) relating to exemption of
positions in the Mayor's office, referred to positions whose functions are confined to
the Office of the Mayor and whose duties are concerned with the administration of
the office. The County band is not concerned with the administration of the Office of
the Mayor. Thus, the exemption under HRS §76-16 (1) does not apply to the
Bandmaster and band member positions.
Finding no authority for exemption, the Bandmaster and the band member positions'
exempt status is not consistent with the provisions of HRS §76-16. Therefore, we are in
the process of reorganizing and converting the Bandmaster and the County band
member positions from exempt to civil service status effective July 1, 2006.
In addition, Corporation Counsel recommended the charter amendment. The
concern is that portion of Section 6-8.4 of the Hawaii County Charter that reads:
11 ...all positions in the band shall be exempt from civil service laws and classifications."
The Hawaii Supreme Court, in an earlier ruling, made it clear that a political
subdivision could not adopt provisions in its charter that are contrary to state civil
service laws. Thus, any inconsistency between a charter provision and state statute
on civil service would result in the state statute prevailing and render the charter
provision null and void. Thus, Corporation Counsel drafted the proposed ordinance
to remove the County band provisions in the charter.
I ask your favorable action in presenting this to the voters.
Sincerely,
Michael R. en, SPHR
Director of Personnel
Enclosure
Hawaii County is an Equal Opportunity Provider and Employer