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HomeMy WebLinkAboutORD 2006-100 2004-2006 JJMtV Os M~~ U'•''~ j ~~J~ COUNTY OF HAWAII ~ STATE OF HAWAII ?T~C~•M~i` 0~ 100 BILL NO. 2ss ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6 AND ARTICLE 16, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MILEAGE REIMBURSEMENT RATES FOR DULY AUTHORIZED VOLUNTEER POLICE AND FIRE PERSONNEL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Purpose. Presently, the County of Hawai`i's mileage reimbursement rate is governed primarily by the current collective bargaining agreements which are based upon the rate set forth by the Internal Revenue Service. Article 16, section 2-101(b) (Compensation for use of private automobile -Rate) of the Hawaii County Code 1983 (2005 Edition, as amended) sets the rates for employees who are excluded from the various bargaining units as the same rates provided for in negotiated contracts of bargaining units that these employees would have belonged to had they not been excluded. Also, all other officers and employees of the County not covered by collective bargaining including County councilmembers shall be entitled to mileage reimbursement at a rate equal to the highest rate payable to any County employee in a bargaining unit. There are two sections in the County Code that reference a set mileage rate of 33 cents for duly authorized volunteer fire personnel (Article 6. Volunteer Fire Department, section 2-20. Mileage reimbursements for volunteer fire personnel) and For duly authorized volunteer police personnel (Article 16, section 2-101.1. Mileage and meal reimbursements for volunteer police personnel). The purpose of this measure is to amend these sections to reflect a consistent reimbursement rate amongst all of the County employees and the duly authorized volunteer police and fire personnel. The mileage reimbursement rates shall be prescribed by, and subject to, the requirements set forth in section 2-101(b) or by negotiated contracts of bargaining units. SECTION 2. Chapter 2, article 6, section 2-20, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-20. Mileage reimbursements for volunteer fire personnel. All volunteer fire personnel residing in a district other than the district where a fire occurs and who are duly authorized to participate and aid in the control of that fire shall be reimbursed ;~rat~ ~r Qom. ~ > T mss] at such rates prescribed by, and subject to, the requirements set forth in section 2-101(b), for each mile actually and necessarily traveled, in the performance of their volunteer activities." SECTION 3. Chapter 2, article 16, section 2-101, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-101. Compensation for use of private automobile. (a) Mileage Allowance. A department head may authorize any officer or employee over whom [he department head has administrative supervision to use privately owned automobiles on ofticial business on a mileage allowance basis when publicly owned vehicles are not available or are impractical to use. (b) Rate. Employees who are excluded from the various bargaining units shall be paid the same rates provided for in negotiated contracts of bargaining units that these employees would have belonged to had they not been excluded. All other officers and employees of the County not covered by collective bargaining including County councilmembers and duly authorized volunteer police and fire personnel, shall be entitled to mileage reimbursement at a rate equal to the highest rate payable to any County employee in a bargaining unit. (c) Flat Monthly Allowance. The mayor may for the executive branch and the council chairman for the legislative branch authorize payment of monthly automobile allowance to any councilmember, officer or employee for the regular use of a privately owned automobile." SECTION 4. Chapter 2, article 16, section 2-101.1, of the Hawaii County Code 1983 {2005 Edition, as amended), is amended to read as follows: "Section 2-101.1. Mileage and meal reimbursements for volunteer police personnel. All duly authorized volunteer police personnel, including but not limited to reserve police officers and police chaplains, shall be reimbursed at such rates prescribed b_y and subject to, the requirements set forth in section 2-101(b), for each mile actually and necessarily traveled in the performance of their assigned duties. Meal allowances shall also be available to such volunteer personnel at such rates prescribed by, and subject to, the requirements set forth in section 2-96." SECTION 5. Material to be deleted is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 6. 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 provision or application, and, to the end, the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN IL MEMBEK, COUNTY OF HAWAII Kona ,Hawaii Date oflntroduction: June 5, 2006 Date oflstReading: June 5, 2006 Date of 2nd Reading: June 21, 2006 Effective Date: June 30, 2006 REFERET1Cf: Comm. 905 2 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii In[roducedBy: Virginia Isbell ROLL CALL VOTE - Datelntroduced: June 5, 2006 AYES NO f~cll First Reading: June 5, 2006 Arakaki X Published: June 16, 2006 Higa X - ~`1~; Hoffmann X REMARKS. Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: June 21, 2006 To Mayor: June 22, 2006 ROLL CALL VOTE Returned: July 3 2006 AYES NOES ABS EX Effective: June 30 2006 Arakaki X Published: July 11, 2006 Higa X Hoffmann X REMARKS: Holschuh g Ikeda X Isbell X Jacobson Pilago X Safarik X 8 0 1 0 1 DO FIEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indica(ed above. APPROVED AS TO FORM AND LEGALITY: /C~O~UyN~CIL~CHA~IRMAN DEPU ORPORATION COUNSEL `r/~IY~P~V+ • , COUNTY OF HAWAII COUNTY CLERK Date G-'` ~-z`" ~=L~ 288 Bill No.: ,per Reference: C-905/FC-Waived Appruve Disapproved this day nom. ~ u'ti`ei , ZO 0 G Ord No.: 7?y 100 f M Y R, COUNT F t1~~AI `I