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Home My WebLink AboutORD 2006-060 2004-2006 MVV os N4 COUNTY OF HAWAII STATE OF HAWAII ..f M BILL NO. zsa ORDINANCE NO. ~'6 6O AN ORDINANCE AMENDING ARTICLE VII, 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 HAWAII 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 laws 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; 2. 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 VII, chapter 1, of the Hawaii County Charter (2000), relating to the Department of Civil Service, is amended to read as follows: "CHAPTER 1 DEPARTMENT OF [C""'~] HUMAN RESOURCES Section 7-1.1. Organization. There shall be a department of [^~••crv-.;-~cf;`iv2] human resources consisting ofa director, a merit appeals boazd and the necessary staff. Section 7-1.2. [ Merit Appeals Board. The [ci~i;-se,=dice ee~mnissien] merit appeals boazd 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. [Cernmissien] 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 [~ai'rsenTee] human resources shall be appointed by the °°T•~^° ^^-~m~°°~°°] merit appeals board and may be removed by the [eemmissien-] merit appeals board. Section 7-1.4. Powers, Duties and unctions. The director of [^~~~,a~;-se,^Pia] 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 [e+vil-sewiee] 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 management program prescribed by this charter, ordinances, laws and regulations. The [c~~•~' ^°mm~°~~°°] merit appeals board shall function according to statute. The director shall provide technical and clerical staff services to the [semmissien] 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 classitication 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 [c~~•-r.n-sc~r'icc] human resources shall come under the general supervision and control of the mayor. SECTION 3. Article XI[l, section 13-1Q 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 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 [sivjl director of human resources and deputy [^~°'~.-iw] 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 are met; provided, that written applications for re-employment with the department of [^^'°~c'~-rxi-:~r:icc] human resources aze filed within thirty (30) days after the termination of employment. Such certifications shall expire three (3) years 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. 3 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. IINITRODUCED BY: V u-~---- COU CIL MEMBER, COUNTY OF HAWAII xilo ,Hawaii Date of Introduction: April 5, 2006 Date of 1st Reading: April 5, 2006 Date of 2nd Reading: April 19, 2006 Date of 3rd Reading: May 2 , 20 0 6 Effective Date: May 12, 2006 F~F`C~;~CF: Ceram: 726~~ 4 OFFICE OF THE COUNTY CLERK County of Hawaii xilo , Hawaii Introduced By: Virginia Isbell ROLL CALL VOTE Datelntroduced: April 5, 2006 AYES NOES ABS EX First Reading: April 5, 2006 Arakaki X Published: N/A Riga X Hoffmann REMARKS: Holschuh X Ikeda X Isbell X Jacobson - Pilago X Safarik X 7 2 Second Reading: April 19, 2006 'fo Mayor: N/A ROLL CALL VOTE Returned: N/A AYES NOES ABS EX Effective: Arakaki X Published: Higa X Hoffmann REMAXK.S- Holschuh Ikeda Isbell g Jacobson g _ Pilago X Safarik $ 1 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date Bill No.: 2 38 Approved~Drsapproved this drry Reference: C- 7 2 6/ FC - 2 4 8 Ord No.: of , 20 MAYOR, COUNTYOFHAWAI7 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced Bv: ROLL GALL VQTE Date Introduced: AYES NOES ABS X First Reading: Arakaki Published: Higa Hoffmann REMARKS: Holschuh Ikeda Isbel I Jacobson Pilago Safar' Second Reading: May 2, 2006 To Mayor: May 5~ 2006 ROLL CALL VOTE Returned: May 15, 2006 AYES NOES ABS EX F;ffective: May 12, 2006 Arakaki g Published: May 23, 2006 Higa Hoffmann REMARKS: Holschuh X Ikeda X Isbell Jacobson Pilago Safarik 9 I DO I~EREI3Y CERTIFY that the, foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM ND LEGAL Y•~ /~l • ! / , / C'OnnUNC/L CHA/RMAN /J DEPUTY CORPORATION COUNSEL G~ L/~r~~~ COUNTY OF HAWAII /~~A'~"' IC /f/f Z~t~ COUNTY CLERK Date Bill No.: 2 38 Reference: C-726/FC-248 Appro c Disapprovedlhrs I~- day M 20 0 b Ord No.: ~6 60 Q/ ~ YOR. C[9~N YOFHAWAI'I