HomeMy WebLinkAboutBIL 249 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Council —June 8, 2012 (reconvened meeting originating on June 6, 2012)
Action: Filed on 1st reading due to vote count of 5 ayes, 2 noes (Blas and Ikeda),
and 2 absent (Onishi and Yoshirnoto); Charter amendment requires 6 ayes
or 213 olthe entire membership, and 3 readings.
Re: Bill 249; Comm. 698 (2010-2102 term); FC -216 (Negative; adopted on
first reading date above although not indicated on report)
�.V OF pew
COUNTY OF HAWAII •_ STATE OF HAWAII
(� M MOW i�•�
BILL NO. 249
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE X, SECTION 10-5
OF THE HAWAII COUNTY CHARTER (2010 EDITION), TO SPECIFY THAT
EITHER THE MAYOR OR THE COUNTY COUNCIL MAY INITIATE
AMENDMENTS TO THE ADOPTED OPERATING BUDGET OF THE COUNTY
DURING THE FISCAL YEAR.
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 (2010 Edition) to specifically permit the Mayor or the County Council
to initiate amendments to the County's operating budget during the fiscal year. Currently, no
specific language exists in the Charter that permits or prohibits action in this regard.
SECTION 2. Article X, section 10-5 of the Hawaii County Charter (2010 Edition) is
amended to read as follows:
"Section 10-5. Operating Budget: Council Action.
After the public hearing, and after the submission of the amendments to the operating
budget and to the capital budget, the county council may adopt the operating budget as amended
with or without further amendments. First reading shall be after May 5. In amending, it may
add new items or increase items in the operating budget. It may decrease or delete items,
excepting appropriations required by law and appropriations for debt service. But in all cases the
estimated revenues for the ensuing year shall be at least equal in amount to the proposed
expenditures.
The council shall adopt the operating budget on or before June 30. If it fails to do so, the
operating budget as submitted and as amended by the mayor shall be deemed adopted by the
council as the operating budget for the ensuing fiscal year.
If the mayor disapproves of the bill adopting the operating budget or of any part thereof,
the mayor shall return the bill or the portions vetoed with a written statement of objections to the
clerk for further council action within ten calendar days of receipt of the bill.
The adopted operating budget shall be in effect on and after the first day of the fiscal year
to which it applies.
At the request of the mayor, at any time during the fiscal year, the council, by ordinance
adopted by the affirmative vote of a majority of its entire membership, may amend the operating
budget for that ,year.
The council may initiate amendments to the adopted operating budget during the fiscal
year, provided any such amendment shall be by ordinance adopted by the affirmative vote of at
least two-thirds of its entire membership, and further provided that the council shall request and
consider the recommendations of the mayor as to the proposed amendment."
SECTION 3. 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 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
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 5. 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 6. 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.
{
Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2"d Reading:
Date of 3 d Reading:
Effective Date:
REFERENCE: Cantu. 698
INTRODUCED BY:
2