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Home My WebLink AboutCOM 0482.003 2010-2012BRENDA J. FORD Council Member District 7 - Central Kona Phone: Fax: (808) 323 -4277 (808) 329- 4786 E -Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 DATE: December 19, 2011 TO: Dominic Yagong, Chairperson, and Members of the Hawai`i County Council FROM: ¶"Brenda J. Ford, Council Member SUBJECT: Transmitting additional information related to 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. At the request of members of the County Council, the attached chart indicates the number of council members on each of the four County Councils, the number of votes currently required to hire special counsel, and the section of the respective counties' charter that explains these matters. Additionally, the appropriate sections of the respective charters are attached for the Council's edification. BJF /dkr Serving the Interests of the People of Our Island Comm. No. 4 oZ . 3 Ref. To:: r eM Ref. Date, Q I ?1!j Hawai `i County Is An Equal Opportunity Provider And Employer County Charters for Honolulu, Kauai, Maui and Hawai`i : No. of Council Members and No. of Votes for Special Counsel County: No. of Council Section of Charter: Affirmative Section of Charter: Members: Votes for Special Counsel: Honolulu 9 Art III — Legislative Branch Chapter 1 — Council; Section 3 -102 2/3 of its entire membership Art III — Legislative Branch Chapter 1 — Council; Section 3 -107, subsection 5 Kauai 9 ARTICLE III — County Council; Section 3.02 2/3 of its entire membership ARTICLE VIII - Section 8.06 Special Counsel Maui 7 ARTICLE 3 — County Council; Section 3 -1 5 members ARTICLE 3 — County Council; 1) Section 3 -5. Procedure; Meetings, Rules and Journal; Voting. Subsection #4 and; 2) Section 3 -6 Powers of Council; Subsection #6 Hawai`i 9 ARTICLE III — LEGISLATIVE BRANCH — COUNTY COUNCIL; Section 3 -2 2/3 vote of its entire membership ARTICLE VI - EXECUTIVE BRANCH — THE MANAGING DIRECTOR AND AGENCIES UNDER THE MANAGING DIRECTOR; CHAPTER 5 - CORPORATION COUNSEL; Section 6 -5.5 Revised Charter of Honolulu 2000 Edition, 2003 Supplement: ARTICLE III - LEGISLATIVE BRANCH CHAPTER 1 — COUNCIL Section 3 -102 - Number, Election and Terms of Office of Councilmembers (As of February 20, 2001) Section 3 -102. Number, Election and Terms of Office of Councilmembers -- The council shall consist of nine members. One member shall be elected from each of the nine districts hereinafter provided. Except as provided in Section 16 -122, the regular terms of office of councilmembers shall be four years beginning at twelve o'clock meridian on the second day of January following their election. The terms shall be staggered in accordance with Section 16 -122. No person shall be elected to the office of councilmember for more than two consecutive four -year terms. (Reso. 83 -357; 1992 General Election Charter Amendment Question No. 2; 1998 General Election Charter Amendment Question No. 8(1)) Section 3 -107. Organization of Council; Officers; Rules; Meetings; Employees 5. The council may authorize the employment of special counsel to represent it, upon the affirmative vote of at least two - thirds of its entire membership.6 Any such authorization shall specify the compensation, if any, to be paid such special counsel, and the council shall make an appropriation therefor. COUNTY OF KAUAI CHARTER (2010 Codified Version) ARTICLE III COUNTY COUNCIL Section 3.02. Composition. There shall be a council of seven members elected at- large. ARTICLE VIII COUNTY ATTORNEY Section 8.06. Special Counsel. The council may, by vote of fivemembers, authorize the employment of special counsel for anyspecial matter necessitating such employment. Any such authorization shall specify the compensation, if any, to be paid CHARTER COUNTY OF MAUI 2003 EDITION ARTICLE 3 COUNTY COUNCIL Section 3 -1. Composition. There shall be a council composed of nine members who shall be elected -at large. Of the nine members elected to the council, one shall be a resident of the Island of Lanai, one a resident of the Island of Moloka'i, one a resident of the residency area of East Maui, one a resident of the residency area of West Maui, one a resident of the residency area of Makawao- Ha'iku-Pa'ia, one a resident of the residency area of "Upcountry" comprising Pukalani - Kula- 'Ulupalakua, one a resident of the residency area of South Maui, one a resident of the residency area of Kahului, and one a resident of the residency area of Wailuku- Waihe'e- Waikapu. The county clerk shall prepare the nomination papers in such a manner that candidates desiring to file for the office of council member shall specify the residency area from which they are seeking a seat. The ballots shall, nevertheless, be prepared to give every voter in the county the right to vote for each and every council seat. Section 3 -5. Procedure; Meetings; Rules and Journal; Voting. 4. Voting and all motions shall be in accordance with the rules of the council and shall be recorded in the journal of the council, provided, however, a roll call vote must be taken if requested by any one council member. Five members of the council shall constitute a quorum, but a smaller number may convene from time to time and compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Unless otherwise provided for herein, no action of the council shall be valid or binding unless adopted by a vote of five or more members of the council. (Amended 1992) and; Section 3 -6. Powers of Council. The council shall be the legislative body of the county. Without limitation of the foregoing grant or of other powers given it by this charter, the council shall have the power: 6. To retain or employ, by a vote of two- thirds of its entire membership, special counsel for any special matter presenting a real necessity for such employment. Any such employment shall specify the compensation, if any, to be paid for said services. COUNTY CHARTER COUNTY OF HAWAII 2010 ARTICLE III LEGISLATIVE BRANCH COUNTY COUNCIL Section 3 -2. Composition and Terms. There shall be a county council composed of nine members. One member shall be elected from each of nine districts. The terms of the council members shall be two years and shall begin at twelve o'clock meridian on the first Monday of December after their election. The terms of the council members shall not exceed four consecutive two year terms. Candidates shall be elected in accordance with the election laws of the state, insofar as applicable. (1990, Prop. 1, sec. 1; 1996, Ord. No. 95 -20, sec. 2; 2000, Prop. 1, sec. 2.) ARTICLE VI EXECUTIVE BRANCH THE MANAGING DIRECTOR AND AGENCIES UNDER THE MANAGING DIRECTOR CHAPTER 5 CORPORATION COUNSEL Section 6 -5.5. Special Counsel. The counsel may, by two - thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services. (2000, Prop. 2, sec. 1.)