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HomeMy WebLinkAboutORD 2011-085 2010-2012COUNTY OF HAWAII STATE OF HAWAII BILL NO. 72 ORDINANCE NO. 11 85 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13- 20 OF THE HAWAII COUNTY CHARTER (2010), RELATING TO RECORDS AND MEETINGS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to align the Hawai`i County Charter with the provisions of the Hawai`i Revised Statutes with regard to meetings that may be called by the Hawai`i County Council or a County board or commission. Currently, section 92 -7 of the Hawai`i Revised Statutes contains, in part, provisions for notice of regular, special, and rescheduled meetings. Criteria for holding an emergency meeting, and provisions for notice of such meeting, are contained within section 92 -8. This ordinance initiates an amendment to the Hawai`i County Charter that would repeal provisions for notice that are no longer applicable to special meetings and add reference to the Hawai`i Revised Statutes for notice of regular, special, rescheduled, and emergency meetings. SECTION 2. Article XIII, section 13 -20, of the Charter of the County of Hawai`i (2010), is amended by amending subsection (c) to read as follows: "(c) [The time and place of all regular meetings of the council, board or officer of the council, board or commission when the date, time and place of such special advance of such meeting as well as via an electronic medium, such as the Internet. If the • radio stations in this county and the announcements shall be programmed to be heard .. .... .._ - - - of such special meeting shall be conspicuously posted on the bulletin board of the Hawai`i county building and, if possible, an electronic notice shall be linked on the appropriate council, board or commission webpage. A brief resume of the principal ] The council, board or commission shall provide notice of any regular, special, rescheduled or emergency meeting according to the provisions of the Hawai`i Revised Statutes." SECTION 3. Charter material to be repealed is bracketed and stricken. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser need not include the brackets, bracketed material, or underscoring. 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 this 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 charter amendment be submitted to the electorate of Hawai`i County for approval at the 2012 general election. 2 SECTION 6. The charter amendment proposed in this ordinance shall take effect upon approval by a majority of voters voting on this legislation in the 2012 general election. Kona , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII August 17, 2011 August 17, 2011 September 8, 2011 September 21, 2011 Upon its approval by a majority of voters in 2012 General Election, this ordinance shall take effect on November 6, 2012 REFERENCE Comm. 75 3 Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Brenda Ford August August August 17, 17, 26, 2011 2011 2011 Second Reading: To Mayor: Returned: Effective: Published: September 8, 2011 September 30, 2011 October 13, 2011 See "Remarks" section below October 25, 2011 REMARKS: Effective: Upon its approval by a majority of voters in 2012 General Election, this ordinance shall take effect on November 6, 2012. COUNTY CLERK COUNTY OF HAWAII 2011 OCT 13 All 11: 05 ROLL CALL VOTE AYES NOES ABS EX Bias X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 8 0 1 0 ROLL CALL VOTE AYES NOES ABS EX Bias X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the 'ounty Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: Y CORPORATION COUNSEL COUNTY OF HAWAII Date OCT 0 4 2011 Approved/Disa roved this 20 MAYOR, COUNTY OF HA WAI '1 day U COUNCIL CHAI ; fy', LINTY CLERK Bill No.: Reference: Ord No.: IR N 72 C- 275/GRC -4 11 85 (Page 1 of 2) Introduced By: Date Introduced: First Reading: Published: REMARKS: OFFICE OF THE COUNTY CLERK County of Hawai`i Kona, Hawai`i Third Reading: September 21, 2011 To Mayor: September 30, 2011 Returned: Effective: Published: REMARKS: ROLL CALL VOTE AYES NOES ABS X Blas Ford Hoffmann Ikeda Onishi Pilago Smart Yagong Yosh' to ROLL CALL VOTE AYES NOES ABS EX Blas X Ford X Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 7 1 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FOR �.� ND LEGALITY: CORPORATION COUNSEL COUNTY OF HAWAII Date OCT 0 4 2011 Approved/Disapproved this day of , 20 COUNCIL CHAIRPERSON COUNTY CLERK Bill No.: Reference: Ord No.: 72 C- 275/GRC -4 MAYOR, COUNTY OF HAWAII (Page 2 of 2)