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Home My WebLink AboutBIL 152 Draft 05 2010-2012OFFICE INFORMATION ONLY Meeting: Council -August 1, 2012 Action: Filed on 2"' reading (Draft 5) due to vote count o15 ayes; 3 noes (Blas, Ikeda and Onishi): and I absent (Yoshimoto). Charter amendment that requires 6 ayc votes and three readings. Note: Postponed: December 21, 2011 and January 4, 2012 1" reading (Draft 3): January 20, 2012; ? ayes,; 1 no (Onishi); 1 absent (Ikdea). Postponed: February 1, 2012 Held over: February 15, 2012 (amended to Draft 4) Postponed: March 9, 2012 to call of Chair; Held over (Draft 5): July 19, 2012 Re: Bill 152; Comm. 482 (2010-2102 term); GRC-9 v OF M,w' COUNTY OF HAWAII STATE OF HAWAII •j,FtF OF�M►'�' BILL NO. 152 (DRAFT 5) ORDINANCE NO. 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) Definitions. For the purpose of this section the following definitions a "Constituted authority" means the legislative executive and judicial departments officially and rightfully governing_a municipality; properly appointed or elected under organic law, such as a constitution or charter. "Imperative authority" means an authority that is absolutely binding on a court. "Limitation" means the act of limiting; the state of being limited; a restriction. "Organic Law" means the body of laws (as in a constitution) that define and establish a government; fundamental law. "Primary authority" means the authority which issues directly from a law -making body; legislation and reports of litigated cases. "Without limitation" means that 1) since the Hawaii County Charter established the council as a constituted authority) the council members' election occurs under organic law, and 3) because the council's legislative, primary, and imperative authority is absolutely binding on a court of competent jurisdiction, then the council clearly and unmistakably has the right to engage council staff attorneys and special counsel without restraint or restriction, and without the concurrence, agreement or assent of the corporation counsel or any member of the executive branch of the County of Hawaii. [(a)](b)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)](c) 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. The council may hire its own council staff attorneys pursuant to Section 46-32 of the Hawaii Revised Statutes. Furthermore: (1) Council staff attorney positions shall be exempt from civil service laws and classifications and report to the council chairperson. Council staff attorneys shall serve the council, may advise the council independently of the corporation counsel without limitation, and may represent the council in legal disputes with the executive branch. QJ By a two-thirds vote of its entire membership, the council may authorize by resolution attorney(s) hired by contract to represent the council. These contract attorneys shall serve the council, advise the counsel in legal matters without limitation and represent the council as special counsel in litigation in any matter. Any such authorization shall specify the maximum compensation if any, to be paid to the attorneys for said services. (4) In the event that council staff attorneys are authorized by a resolution and with a two-thirds vote of the council's entire membership to represent the council in litigation those council staff attorneys shall be deemed to have the status of "special counsel" for the purpose of that litigation. (e) Compensation if any, to special counsel under this section shall be paid from the budget of_ The council if it: decides to employ special counsel for its own purpose; L11 determines that a conflict of interest with the office of the corporation counsel exists; LQ determines that a conflict of interest with the executive branch exists; or 2 (2) The office of the corporation counsel if the office of 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. [The eeuneilmay, by twe thifds vote of its ntif!e member-ship,authorize the employment of speeial eounsel for- any special ma4ter- presenting a real neeessity f4 stieh empleyment. Any stieh atAhafizatien shall speeify the eempensation, if any, to 1-- F -.- id e os.] (aa) The council may, by two-thirds vote of its entire membership and by resolution, authorize the employment of special counsel for the executive branch or the County of Hawaii for any matter presenting a necessity for such employment. Any such authorization shall specify the maximum compensation, if any, to be paid for said services. (b) The council by two-thirds vote of its entire membership and by resolution, may authorize the employment of special counsel for the legislative branch without limitation as provided in Section 3-6 of this Charter. Any such authorization shall specify the maximum compensation if any, to be paid 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. 3 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. Hawaii Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Date of 3`d reading: Effective Date: REFERENCE Com 482.12 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII El