Loading...
HomeMy WebLinkAboutORD 1994-059 1992-1994S COUNTY OF HAWAII ,~,~TATE OF HAWAII BILL NO. 10~ (Draft 6) ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER ESTABLISHMENT OF A BIENNIUM BUDGET. 9~I 59 RELATING TO THE Whereas, the Council of the County of Hawaii finds that a biennium budget will: (1) Provide for more fiscal stability by placing a greater emphasis on longer term fiscal planning; (2) Provide Council with the opportunity to develop an improved program review process during off-budget years; (3) Enable Administration to develop management plans with financial assurances extending beyond an annual budget; and Whereas, the Council further finds that the biennium budget process may lead to improved productivity and efficiency in policy formulation and implementation. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Intent and Purpose. The intent of this ordinance is to provide for a biennium budget procedure without disrupting the financial records management system. The biennium .budget would consist of appropriations delineated in two consecutive fiscal years beginning with the odd-numbered year. All fiscal accounting records and transactions shall be implemented by fiscal years. THIS WILL VERIFY THAT TWO-THIRDS OF THE MEMBERSHIP OF THE HAWAII COUNTY COUNCIL VOTED TO OVERRIDE THE MA 'S VETO ON BIL O. FT 6. COUNCIL AIRMAN The purpose of this ordinance is to amend the charter provisions relating to budgets by changing the annual budget process to a biennial budget. SECTION 2. Section 5-1.3 of the Hawaii County Charter relating to Powers, Duties and Functions of the Mayor is amended to read: "Section 5-1.3. Powers, Duties and Functions. The mayor shall be the chief executive officer of the county vested with all the executive powers of the county, except as otherwise provided by this charter. The mayor shall have the power to: (a) Exercise direct supervision over all agencies enumerated in this article and other agencies as the mayor may deem desirable, and through the managing director supervise and coordinate all other executive agencies of the county, except as otherwise provided by this charter. (b) Appoint necessary staff for which appropriations have been made by the council. All positions in the mayor's office shall be exempt from civil service laws and classifications. (c) Create positions, including position of deputy or assistant to each head of an agency where such position has not been created by this charter, for which appropriations have been made by the council and abolish positions with the consent of the council. (d) Make transfers of positions between agencies or between subdivisions of agencies subject to applicable civil service regulations. - 2 - (e) Recommend to the council a pay plan for all officers and employees of the county or any of its boards and commissions, except those whose pay is otherwise provided for; provided that the salary of any officer or employee who is exempt from the civil service laws shall be subject to approval by the council and the mayor. (f) Submit an operating budget, an operating program, a capital budget and a capital program [annually) to the councilmen accordance with the provisions of Article X Finan ial Pro dur s of this charter. (g) Sign instruments requiring execution by the county, except as otherwise provided by this charter or by ordinance. (h) Make periodic reports in addition to the annual report, informing the public as to county policies, programs and operations. (i) Call special sessions of the council. (j) Veto ordinances. (k) Enforce the provisions of this charter, the ordinances of the county and all applicable laws, and exercise such other powers and perform such other duties as may be prescribed by this charter or by ordinance." SECTION 3. Section 10-2 of the Hawaii County Charter relating to Preparation and Submission of Budget and Capital Program is amended to read: - 3 - "Section 10-2. Preparation and Submission of Budget and Capital Program. (a) No later than March 1 of each Odd-numbered year, the mayor shall submit to the county council: (1) An operating budget for the ensuing [year] fiscal biennium. (2) An operating program for the ensuing [three] S1R fiscal years. (3) A capital budget for the ensuing fiscal [year] biennium. (4) A capital program for the ensuing sia fiscal years. (5) An accompanying message. The mayor shall submit amendments to the operating budget, operating program, capital budget and capital program, together with an accompanying message, to the county council within ten (10) working days after the close of the state legislature but not later than May 5 of each odd-numbered year. (b) On or before the date specified by the mayor, the head of each county agency and executive agency shall furnish the mayor: (1) Estimates for the current fiscal year and ensuing fiscal years covering the revenues and expenditures of the agency or executive agency concerned. - 4 - (2) Estimates of any capital improvements pending or proposed to be undertaken within the ensuing fiscal year and within the five fiscal years thereafter. (3) Such other information as the mayor may request. (c) The mayor shall review all the estimates furnished. The mayor may hold public hearings thereon and may revise the estimates in such manner as the mayor deems advisable in preparing the budgets and programs. (d) Upon submission, the budgets, the programs and message shall be a public record in the office of the county clerk of the county council and shall be open to public inspection. The mayor shall at the same time make available copies of the budgets, the programs and message for distribution to interested persons." SECTION 4. Section 10-3 of the Hawaii County Charter relating to Scope of Operating Budget; Operating Program; Mayor's Message is hereby amended to read: "Section 10-3. Scope of Operating Budget; Operating Program; Mayor's Message. (a) The operating budget shall present a complete financial plan for the [current] operations of the county and its agencies and executive agencies in the ensuing fiscal [year] biennium, showing all funds and reserves. Capital expenditures to be financed from [current] revenues in the ensuing fiscal [year] biennium shall be included in the operating budget as well as in the - 5 - capital budget. Appropriations for such expenditures shall be included in the operating budget. Except as otherwise provided by law, the operating budget shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the operating budget. Such summary shall itemize all new positions being requested. (2) The proposed expenditures, including provision for any estimated cash deficit for the fiscal year currently ending, debt service requirements for the fiscal [year] biennium, capital and otherwise, to be met from [current] biennium revenues; and the proposed expenditures shall be shown by agencies and programs. (3) A comparative statement of the actual expenditures for the preceding fiscal year, and the estimated expenditures for the fiscal year currently ending and the ensuing fiscal [year] biennium. (4) The sums recommended for appropriation on the basis of the proposed expenditures, which sums need not be itemized further than by agencies and programs. (5) The estimated revenues shown by estimated cash surplus, if any, for the fiscal year currently ending, proposed tax levies and other sources. - 6 - (6) A comparative statement of the actual revenues for the preceding fiscal year, and the estimated revenues for the fiscal year currently ending and the ensuing [year] biennium. The estimated revenues for the ensuing fiscal [year] biennium shall be at least equal in amount to the proposed expenditures. (b) The operating program shall present a complete financial plan for the operations of the county and its agencies and executive agencies in the ensuing [three] is fiscal years, showing all funds and reserves. The operating program shall be used by the council for informational purposes and as a guide for the estimated costs of operating the county government for the ensuing [three] S1R fiscal years and shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the operating program. (2) The proposed expenditures, including service requirements and all other expenditures for the ensuing [three] ix fiscal years, capital and otherwise; and the proposed expenditures, year by year, shall be shown by agencies and programs. (3) The estimated revenues shown by estimated cash surplus, if any, proposed tax levies and other sources for the ensuing [three] six fiscal years. (4) Such other information as the council or mayor may request. - 7 - (c) The mayor's message shall explain the operating budget and capital budget both in fiscal terms and in terms or work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal Iyear] biennium, describe the important features of the operating budget and capital budget and means of financing the budgets. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the fiscal year currently ending, and shall set forth the reasons for the changes. As to capital budget, the message shall include a list of pending and proposed capital improvements together with the mayor's comments on such list. It shall itemize and explain each pending capital improvement and each capital improvement proposed to be undertaken within the ensuing fiscal [year] biennium, showing the estimated cost of each improvement and the pending or proposed method of financing it. The message shall also include such other supporting or explanatory material as the mayor deems desirable. The mayor's budget message which accompanies the amendments to the operating budget and to the capital budget shall describe the changes in proposed expenditures and in revenue projections from the budgets which had been submitted on or before March 1, and shall describe the intervening changes in circumstances which justify the changes in the proposed expenditures and projected revenues." SECTION 5. Section 10-5 of the Hawaii County Charter relating to Operating Budget: Council Action is hereby amended to read: - $ - "Section 10-5. Operating Budget: Council Action. After the public hearing, and after the submission of the amendments to the operating budget and to the capital budget, the county council may adopt the operating budget as amended with or without further amendments. First reading shall be after May 5. In amending, it may add new items or increase items in the operating budget. It may decrease or delete items, excepting appropriations required by law and appropriations for debt service. But in all cases the estimated revenues for the ensuing [year] biennium shall be at least equal in amount to the proposed expenditures. The council shall adopt the operating budget on or before the thirtieth day of June. If it fails to do so, the operating budget as submitted and as amended by the mayor shall be deemed adopted by the council as the operating budget for the ensuing fiscal [year] biennium. If the mayor disapproves of the bill adopting the operating budget or of any part thereof, the mayor shall return the bill or the portions vetoed with a written statement of objections to the clerk for further council action within ten calendar days of receipt of the bill. The adopted operating budget shall be in effect on and after the first day of the fiscal [year] biennium to which it applies." - 9 - SECTION 6. Section 10-6 of the Hawaii County Charter relating to Capital Budget and Capital Program: Scope; Council Action is hereby amended to read: "Section 10-6. Capital Hudget and Capital Program: Scope; Council Action. (a) The capital budget shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the capital budget. (2) The capital improvements pending or proposed to be undertaken within the ensuing fiscal [year] biennium, together with the estimated cost of each improvement, the estimated operating cost, and the pending or proposed method of financing it. (3) Capital expenditures to be financed from [current] revenues in the ensuing fiscal [year] biennium. (b) The capital program shall be used by the council for informational purposes and as a guide for the estimated costs of the proposed capital improvements of the county for the ensuing six fiscal year and shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the capital program. (2) The capital improvements pending or proposed for the ensuing six fiscal years, together with the estimated cost of each improvement and the proposed method of financing it. - 10 - (3) Such other information as the council or mayor may request. (c) After the public hearing on the capital budget, and after the submission of the amendments to the budget, the county council may adopt the capital budget as amended with or without further amendment. First reading shall be after May 5. In amending, the council shall request and consider, but need not follow the recommendations of the mayor as to the proposed amendment. (d) The council shall adopt the capital budget on or before the thirtieth day of June. If it fails to do so, the amended capital budget submitted by the mayor shall be deemed adopted by the council as the capital budget for the ensuing fiscal [year] biennium. The adopted capital budget shall be in effect on and after the first day of the fiscal [year] biennium. At anytime during the fiscal [year] biennium, the council, by ordinance adopted by the affirmative vote of at least two-thirds of the entire membership, may amend the capital budget for that [year] biennium. In amending, the council shall request and consider, but need not follow, the recommendations of the mayor as to the proposed amendment." SECTION 7. Section 10-5 of the Hawaii County Charter relating to Appropriations: Supplemental and Emergency is hereby amended to read: "Section 10-8 Appropriations: Supplemental and Emergency. Before March 1st in an even-numbered year, the mayor may submit to the council a sunnlemental budget to amend any - 11 - appropriation for the current fiscal biennium. The supplemental budget shall reflect the chances being proposed in the county's financial plan and shall be submitted as applicable, in the manner provided in accordance with the provisions of Section 10-4 of this charter. The mayor shall submit amendments to the supplemental budget within ten (10) working days after the close of the state legislature but not later than Mav 5 of each year. Prior to the second year of the biennium budget, the council may initiate and amend the second year of the operating biennium budget". When during any fiscal year there are available any funds for appropriation, the mayor shall certify to the county council and the county council may amend or make supplemental appropriations for the year up to the amount of available revenues. Such appropriations may be made by ordinance effective immediately upon adoption. To meet a public emergency affecting life, health or property, the council, may make emergency appropriations. Such appropriations may be made by ordinance and must be approved by all council members present or by two-thirds of the entire membership. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by ordinances authorize the issuance of emergency notes. These notes may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the first day of the fiscal year nest succeeding that in which the emergency appropriation was made. The total of - 12 - emergency appropriations in any fiscal year shall not exceed one-half of one percent of the total operating appropriations, eacludinq those for debt service made in the operating budget for that year." SECTION 8. Material to be deleted is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 9. 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 10. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of the county for approval at the neat general election. RV• Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: August March 23, 1994 April 6, 1994 April 27, 1994 June 1, 1994 - 13 - OFFICE OF THE COUN'PY CLERK County of Hawaii Hilo ,Hawaii (DRAFT 6) Introduced By: .TarnPR V_ r kaki Date Introduced: A~ upLCt 5 _ 1 't First Reading: March 2'1 1994 Published: 7~nri 1 3. 1994 REMARKS: Referred back to FC - 08 /25/93 Deferred Bill 107, Dr. 4 to FC - 10/13/93 Deferred Bill 107, Dr. 6 - 03/10/94 Sernnd Reading: To Meyor. Returned: Effective: Published: ROLL CALL VOTE AYES NOES ABS EX ARAKAHI BONK-ABRAMSON CHILDS DE LIMA DOMINGO IInLE RATx EOSEHILL SCHUTTE (DRAFT 6 ) ROLL CALL VOTE AYES NOES ABS EX ARAKAKi BONK ABRAMSON CHILDS DE LIMA DOMINGO HALE BATH ROSEHILL SCHU7TE 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day of , 19 MAYOR, COUNTY OF HAWAII Bill No.: 107 (Draft 6 ) Reference: C-486 FC-84; FC-94 Ord. No.: OFFICE OF THE COUNTY CLERK County of Hawaii H i 1 n , H8Wa11 Introduced By: James Y. Arakaki Date Introduced: August 25, 1993 First Reading: March 23, 1994 Published: April 3, 1994 F~in~alR~Re~d~ng: To Mayor. May 3. 1994 Returned: May 12, 1994 Effective: June 1, 1994 Published: June 13, 1994 ROLL CALL VOTE AYES NOES EX AEAKAKI BONK-ABRAMSON cHILDs DE LIMA DOMINGO HALE RATH ROSEHI S DRAFT 6 ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK ABRAMSON CHILDS DE LIMA DOMINGO HALE RATH ROSEHILL SCHUTTE 0 I DO HEREBYCERTTFYthat the foregoing BILL was adopted by the County Council and published as indicated above. "~ AFFRG D ds to FOS" EL, ITY CORPORATION COUNSEL CCU`JTY Of HAWAII MAY 1 0 1994- Cr! Approved/Disapproved this day of , 19 ,~~ \/ .-- C LINTY LE MAYOR, COUNTY OF HAWAII Bill No.: 10 7 (Draft 6 ) Reference: C-486/FC-84, FC-94 Ord. No.: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii Introduced By: Date Introduced: First Reading: Published: Reconsideration: a8r~oi Reading: .lone 1. 1994 To Mayor: N/A Returned: N/A Effective: June 1. 1994 Published: June 13. 1994 REMARKS: Mavnr's Vetn - 5/11/94 Rec-nnciAaratinn - 6/1/94 ROLL CALL VOTE AYES NOES EX ARAKAKI BONK-ABRAMSON CHILDS DE LIMA DOMINGO HALE RATH ROSEHILL SCHLTrI'E (OVERRIDE) ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK-ABRAMSON X CHILDS DE LIMA DOMINGO HALE X RATH ROSEHILL SCHUTTE I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day of , 19 MAYOR, COUNTY OF HAWAII Bill No.: 107 (Draft 6 ) Reference: Ord. No.: ~ .S~-