HomeMy WebLinkAboutBIL 070 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Governmental Relations and Economic Development Committee — June 4. 2013
Action: Postponed to the call of Chair; never taken back up.
Re: Bill 70; Comm. 258 (2012-2014 term)
JMty OF I,
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 70
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-18,
OF THE HAWAII COUNTY CHARTER (2012 EDITION), RELATING TO
QUALIFICATIONS FOR THE OFFICE OF THE LEGISLATIVE AUDITOR.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article III, section 3-18 of the Hawaii County Charter (2012 Edition) is
amended to read as follows:
"Section 3-18. Office of the Legislative Auditor.
(a) There is established within the legislative branch an independent office of the legislative
auditor to be headed by a legislative auditor who shall be appointed by the county council
and shall serve for a period of six years, and thereafter, until a successor is appointed.
The council, by a two-thirds vote of its membership, may remove the legislative auditor
from office at any time for cause.
(b) The legislative auditor shall possess adequate professional proficiency for the office,
or eet4ified publie aeeettntant eF an advaneed degree '
K llile field, a] which shall
include the following prerequisites: (1) at least three years of general auditing experience
[whieh shall include] with a minimum of one year's experience in the field of
government auditing[.] [A] (2) certification as a certified internal auditor [of]-- and 3 a
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permit to practice as certified public accountant, as issued by the State of Hawaii [sha44
'/e-r___op__ ]. [All
find dei l audits
shall t ueted by a Fti fi publie
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(c) The legislative auditor shall submit an annual budget to the county council. The
legislative auditor on behalf of the county council shall hire the necessary staff for which
appropriations have been made by the county council.
(d) The legislative auditor shall conduct or cause to be conducted:
(1) The annual financial audit of the county, as required in Article X, Financial
Procedures, Section 10-13, Post -audit.
(2) Performance and/or financial audits of the funds, programs, services, and
operations of any county agency, executive agency, or program, as set forth by the
legislative auditor in an annual audit plan that shall be transmitted to the county
council and the mayor and filed with the county clerk as a public record.
(3) Follow-up audits and monitoring of responses to audit recommendations by
audited entities.
(e) For purposes of this section, "county agency" or "executive agency" includes any office,
department, board, commission, agency, semi -autonomous agency, or other
governmental unit of the county in the executive or legislative branch that is supported, in
whole or in part, by county funds.
(f) For purposes of carrying out any audit, the legislative auditor shall have:
(1) Full, free, and unrestricted access to any county officer or employee.
(2) Full, free, and unrestricted access to and authority to examine and inspect any
record of any county agency, executive agency, or program except for any record
protected from disclosure by law, rule or privilege.
(3) Full, free, and unrestricted access to and authority to examine and inspect any
property, facility, or equipment of any county agency, executive agency, or
program pertinent to the audit or to a contract.
(4) Full, free, and unrestricted access to and authority to administer oaths and
subpoena witnesses and compel the production of records pertinent thereto. If
any person subpoenaed as a witness or compelled to produce records shall fail or
refuse to respond thereto, the proper court, upon request of the auditor, shall have
the power to compel obedience to any process of the auditor and to punish, as a
contempt of the court, any refusal to comply therewith without good cause. The
auditor may retain special counsel, in the manner authorized by the council, to
represent the auditor in implementing these powers.
(g) The legislative auditor shall conduct or cause to be conducted all audits in accordance
with government auditing standards, and shall set forth final audit findings and
recommendations in written reports, copies of which shall be transmitted to the county
council and the mayor and filed with the county clerk as public records."
SECTION 2. 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 the underscoring.
SECTION 3. 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 declared to be severable.
SECTION 4. 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 2014 General Election.
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SECTION 5. The charter amendment proposed in this ordinance shall take
effect upon approval by a majority of voters voting on this legislation in the 2014 General
Election, as duly certified.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
Rmma Comm. 258
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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