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Home My WebLink AboutCOM 0627.001 2010-2012 J YOSHIMOTOM`Y.of kl / Phone: (808)961-8272 COUNCIL MEMBER ;�; ��i•; Fax: (808)961-8912 Council District 3 % Email: jyoshimoto @co.hawaii.hi.us .. O HAWAII COUNTY COUNCIL == County of Hawai`i Hawai`i County Building 25 Aupuni Street, Suite 1402 Hilo, Hawai`i 96720 ° ` co :3 TO: Dominic Yagong, Council Chair and Members of the Hawai`i County Council i FROM: J Yoshimoto, Council Member ✓ DATE: April 27, 2012 SUBJECT: Proposed Amendments to Bill No. 211 that Initiates an Amendment to the Hawai`i County Charter (2010 Edition) to Provide that the Corporation Counsel Shall be an Elected Official of the County Below are proposed amendments to Bill No. 211. These amendments: (1) revise the transitional provisions for the elected position of Corporation Counsel, thus making the four-year term effective from the 2014 election rather than the 2016 election; and (2) provide that candidates must have at least six years' experience practicing law to be eligible for this office. The amendments are illustrated via Ramseyer format and read as follows (material to be deleted is bracketed and stricken; material to be added is underscored): 1. SECTION 1 (Purpose.) is amended to read as follows: "SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawai`i County Charter that will provide that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. This ordinance repeals in its entirety the existing provisions for the Office of the Corporation Counsel as found in Article VI of the Charter (Executive Branch — The Managing Director and Agencies Under the Managing Director), whereas the Office of the Corporation Counsel would no longer be a part of the Executive Branch of the County. This ordinance establishes a new article dedicated to the Office of the Corporation Counsel, where the head of that agency is an elected official of the County. Comm. No. 2-7 Ref. To: Ref. Date MAY 0 2 2012 Hawai`i County is an Equal Opportunity Provider and Employer Dominic Yagong, Council Chair and Members of the Hawai`i County Council April 27, 2012 Page 2 This ordinance includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Whoever shall be selected by the electorate to serve as the Corporation Counsel for the County of Hawai`i in 2014 would replace the Corporation Counsel as appointed by the Mayor and confirmed by the County Council, and will serve a [two year term to be coterminous with the Mayor and Prosecuting Attorney.] four-year term. Thereafter, elections for the Office of the Corporation Counsel will occur [in the same year as those elections for Mayor and Prosecuting Attorney, with the Corporation Counsel to serve a four year term.] every four years." 2. SECTION 3 (Section_-2. Qualifications.) is amended to read as follows: "Section_-2. Qualifications. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai`i [:] and who shall have engaged in the practice of law for at least six years. The corporation counsel shall be a citizen of the United States of America and shall have been a duly qualified elector of the county for at least one year immediately preceding the election." 3. SECTION 3 (Section -8. Transitional provisions.) is amended to read as follows: "Section_-8. Transitional [Provisions.] Provisions. [Section _ 1 notwithstanding, the] The provisions of this article shall take effect and be applied in the 2014 election. Whoever shall be selected by the electorate to serve as corporation counsel shall replace the corporation counsel as appointed by the mayor and confirmed by the council, and shall serve a [twe-year term to be coterminous with the mayor and prosecuting attorney.] four-year term. [Thereafter, the corporation counsel shall be elected to a four year term, to be coterminous with the mayor and prosecuting attorney, as provided in Section 44" 4. SECTION 7 is amended to clarify that this charter amendment shall apply to the 2014 election as follows: "SECTION 7. 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[.-] and shall be applied in the 2014 election." A draft copy of Bill No. 211, Draft 2, is attached with these amendments incorporated therein. JY/dwe Attachment AN ORDINANCE TO INITIATE AN AMENDMENT TO THE HAWAII COUNTY CHARTER(2010) BY REPEALING ARTICLE VI, CHAPTER 5, AND ADDING A NEW ARTICLE TO PROVIDE THAT THE CORPORATION COUNSEL SHALL BE AN ELECTED OFFICIAL OF THE COUNTY. 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 Hawai`i County Charter that will provide that the Corporation Counsel shall be an elected official of the County rather than an official appointed by the Mayor and confirmed by the County Council. The Corporation Counsel would continue to serve as the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. This ordinance repeals in its entirety the existing provisions for the Office of the Corporation Counsel as found in Article VI of the Charter(Executive Branch—The Managing Director and Agencies Under the Managing Director), whereas the Office of the Corporation Counsel would no longer be a part of the Executive Branch of the County. This ordinance establishes a new article dedicated to the Office of the Corporation Counsel, where the head of that agency is an elected official of the County. This ordinance includes transitional provisions whereby the first election for the Office of the Corporation Counsel will occur in 2014. Whoever shall be selected by the electorate to serve as the Corporation Counsel for the County of Hawai`i in 2014 would replace the Corporation Counsel as appointed by the Mayor and confirmed by the County Council, and will serve a four- year term. Thereafter, elections for the Office of the Corporation Counsel will occur every four years. SECTION 2. Article VI, chapter 5, of the Charter of the County of Hawai`i (2010), is repealed in its entirety and reserved to read as follows: "CHAPTER 5 Reserved. [Section-6 55..1, Or .,tio There shall be a department of the corporation counsel consisting of the corporation counsel, assistant corporation counsel and the necessary staff]•[. .-. • . . . • .. . . The corporation counsel shall be appointed by the mayor, confirmed by the council and Hawai`i.] [- • . . . • , e . •• . powers and duties. The corporation counsel shall represent the county in all civil legal The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings.] The assistant corporation counsel shall be appointed by the corporation counsel and may be removed by the corporation counsel. The assistant corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawaii.] The council 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.]•[- . ... Notwithstanding Section 13 8, the term of office of the corporation counsel, assistant corporation counsel and deputies shall be co terminous with that of the mayor; provided that where a successor has not been appointed and confirmed, the corporation counsel shall continue in office pending such appointment and confirmation, but in no event shall the corporation counsel continue in office beyond three months, whether acting or otherwise.]" SECTION 3. The Charter of the County of Hawai`i (2010) is amended by adding a new article to be appropriately designated and to read as follows: "ARTICLE_ CORPORATION COUNSEL. Section -1. Election and Term of Office. The corporation counsel shall be elected for a term of four years, which term shall commence at twelve o'clock meridian on the first Monday of December following the election. Section -2. Qualifications. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai`i and who shall have engaged in the practice of law for at least six years. The corporation counsel shall be a citizen of the United States of America and shall have been a duly qualified elector of the county for at least one year immediately preceding the election. 2 Section -3. Powers, Duties and Functions. The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. Section -4. Assistant Corporation Counsel; Deputies; Staff. The corporation counsel may appoint an assistant corporation counsel, deputies and other necessary staff. The assistant corporation counsel and any deputies to the corporation counsel shall be attorneys licensed to practice and in good standing before the Supreme Court of the State of Hawai`i. The assistant corporation counsel shall, during the temporary absence or disability of the corporation counsel, assume the power and perform the duties of the corporation counsel. Section -5. Vacancy in Office. A vacancy in the office of the corporation counsel shall be filled by the assistant corporation counsel, who shall act as corporation counsel, or if the position of assistant corporation counsel is vacant, the mayor with the confirmation of the council shall fill the vacancy by appointment of a person with the requisite qualifications within thirty days after the occurrence of the vacancy. The assistant corporation counsel or the person appointed to fill the vacancy shall serve until a successor is duly elected at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable. The person elected as the successor shall serve out the unexpired term of the person succeeded commencing at twelve o'clock meridian on the first Monday of December following the election. Section -6. Removal of Corporation Counsel. The corporation counsel may be removed by impeachment or recall proceedings as provided by this charter. Section -7. Special Counsel. The council 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. Section -8. Transitional Provisions. The provisions of this article shall take effect and be applied in the 2014 election. Whoever shall be selected by the electorate to serve as corporation counsel shall replace the corporation counsel as appointed by the mayor and confirmed by the council, and shall serve a four-year term." 3 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 Hawai`i, the reviser need not include the brackets, bracketed material, or 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 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 6. 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. SECTION 7. 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 and shall be applied in the 2014 election. 4