HomeMy WebLinkAboutBIL 152 Draft 01 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 152
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-6,
AND ARTICLE VI, CHAPTER 5, SECTION 6-5.5, OF THE HAWAII COUNTY
CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL
STAFF ATTORNEYS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the
Hawaii County Charter to grant the County Council the right to employ special counsel and
Council staff attorneys without express limitation.
SECTION 2. Article III, section 3-6 of the Hawaii County Charter (2010 Edition) is
amended to read as follows:
"Section 3-6. Organization of the Council; Officers; Employees.
(a) The council shall elect from among its members a chairperson and a vice
chairperson, each of whom shall serve at its pleasure. Until such time as the
chairperson and presiding officer shall be elected, the mayor shall preside at such
meeting, provided that the mayor shall not have a vote. The chairperson shall
preside at council meetings. If at any meeting the chairperson is not present or
unable to act, the vice chairperson shall then preside. In the absence of the
chairperson and vice chairperson, the council shall elect from among its members a
temporary presiding officer.
(b) The council shall appoint the county clerk which position shall be exempt from
civil service laws and classifications. The county clerk shall:
(1) Be the clerk of the council.
(2) Be custodian of the county seal.
(3) Conduct all elections held within the county.
(4) Appoint the deputy county clerk, with the approval of the council, and such
position shall be exempt from civil service laws and classifications.
(5) Perform such other functions as the council may prescribe.
(6) Appoint necessary staff for which appropriations have been made by the
council, subject to civil service laws and classifications, and exercise the
same power with respect to the personnel of the clerk's office as the
department heads in the executive branch, with the exception of the office
of the legislative auditor.
Lc) By a simple affirmative majority vote the council may hire its own council staff
attorneys without express limitation. Furthermore:
Council staff attorneys shall be appointed positions and report to the county
clerk.
(2) Council staff attorneys may advise the council independently of the
corporation counsel.
(3) Council staff attorneys mayrepresent the council in litigation where the
dispute is with the executive branch and where the corporation counsel may
represent the mayor or any officer or employee of the executive branch.
(4) In the event that council staff attorneys are authorized to represent the
council in litigation those staff attorneys shall be deemed to have the status
of "special counsel" for the purpose of that litigation.
(d) By a simple affirmative majority vote the council may authorize the employment
of special counsel without express limitation. Furthermore:
(1) Such special counsel may advise the council independently of the
corporation counsel.
Such special counsel may represent the council in litigation where the
dispute is with the executive branch and where the corporation counsel may
represent the mayor or any officer or employee of the executive branch.
(3) Any such authorization shall specify the compensation if any, to be paid to
such special counsel and the council shall make an appropriation therefor.
(e) Compensation if any, to special counsel employed by the council under this
section shall be paid from the budget of:
CD The council if it decides to employ special counsel for its own purpose; or
(2) The office of the corporation counsel if:
(A) The council determines that a conflict of interest with the
corporation counsel exists;
The council determines that a conflict of interest with the executive
branch exists; or
(Q The corporation counsel voluntarily withdraws as a result of its
stated conflict of interest with the council."
SECTION 3. Article VI, chapter 5, section 6-5.5, of the Hawaii County Charter (2010
Edition), is amended to read as follows:
"Section 6-5.5. Special Counsel.
employment 1 1 f o aatter- o o „ling . real ., o sty f« e.h
Fr „J, �� l ,,, 1 p«
employment. n sueh authorization the
r y r
for- sai sery ees ] The council may authorize the employment of special counsel without
express limitation. Anv such authorization shall specify the compensation, if any,
aid for said services."
SECTION 4. 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 Hawaii, the reviser need not include the brackets,
bracketed and stricken material, and underscoring.
SECTION 5. 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 severable.
SECTION 6. 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
in the 2012 general election.
SECTION 7. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2012 General Election, as
duly certified.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai i
Date of Introduction:
Date of 1" Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCES Comm. 482