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Home My WebLink AboutBIL 211 Draft 02 2010-2012OFFICE INFORMATION ONLY Meeting: Council —June 19, 2012 Action: Filed on 3rd reading (Draft 2) due to vote count of 5 ayes and 4 noes (Blas, Ikeda, Onishi and Yoshimoto); Charter amendment requires 6 ayes or 2/3 of the entire membership, and 3 readings. 1" rdg: May 2, 2012 (Draft 2) — 9 ayes Public hrg.: May 14, 2012 2nd rdg.: May 15, 2012 (Draft 2)-7 ayes; 2 noes (Ikeda, Onishi); I absent (Pilago) Postponed: June 8, 2012 Re: Bill 211; Comm. 627 (2010-2102 term); GRC-14 (not adopted) JM�V OF M . COUNTY OF HAWAII art O�•N'.d ORDINANCE NO. STATE OF HAWAII BILL NO. 211 (DRAFT 2) 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 Hawaii 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 Hawaii 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 Hawaii (2010), is repealed in its entirety and reserved to read as follows: "CHAPTER 5 COUNSEL] Reserved. MSE SECTION 3. The Charter of the County of Hawaii (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 comoration 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 oil IN • M. SECTION 3. The Charter of the County of Hawaii (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 comoration 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 oil IN • SECTION 3. The Charter of the County of Hawaii (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 comoration 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 Hawaii and who shall have engaged in the practice of civil 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. Section A. 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 unless otherwise provided by law. 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. (a) The corporation counsel may ppoint an assistant corporation counsel deputies and other necessary staff. The assistant corporation counsel shall be an attorney licensed to practice, in good standing before the Supreme Court of the State of Hawaii, and have a minimum of six years practice in civil law, 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. (c) Any deputies to the corporation counsel shall be attorneys licensed to practice and in good standing before the Supreme Court of the State of Hawaii. 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." 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 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 Hawaii 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. DUCED BY: COUNCIL MEMBER MINTY OF HAWAII , Hawai `i Date of Introduction: Date of 1 sc Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: REFERENCE: Comm 627.3 4