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HomeMy WebLinkAboutCOM 0469.001 2012-2014 J+tY.OS q, ... VALERIE T. POINDEXTER vd,:r• Phone: (808)961-8828 Council Member ;*ice.;�:��/:,, Fax: (808)961-8912 Chair,Committee on Finance - Council District 1 a ",'•' Email: vpoindexter @co.hawaii.hi.us HAWAII COUNTY COUNCIL n, County of Hawai`i Hawaii County Building • 25 Aupuni Street, Suite 1402 Hilo, Hawai`i 96720 - -< DATE: November 7, 2013 1.9 N TO: J Yoshimoto, Chairperson, and Members of the Hawai`i County Council FROM: , Valerie T. Poindexter, Council Member _ 4 SUBJECT: Proposed Amendments to Bill No. 141, Draft 2; An Ordinance Amending Chapter 2, Article 3, Section 2-9 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Settlement of Claims Please see below proposed amendments to Bill No. 141, Draft 2. The amendments are illustrated by Ramseyer format with respect to the contents of Bill No. 141 (material to be deleted is bracketed and stricken; material to be added is underscored.) "Section 2-9. Settlement of claims. The corporation counsel shall have the power to settle, compromise, or now existing or which may hereafter arise, not involving or requiring payment in excess of [$5,000,] $10,000, provided the money to settle claims generally has been appropriated and is available; and provided further that a quarterly report of all settlements by the corporation counsel which require payment of County funds shall be filed with the council. Any settlement which requires payment of County funds in excess of [ 000] $10,000 shall require council authorization." A draft copy of Bill No. 141, Draft 2, is attached with this amendment incorporated. VTP/sc att. Comm. No. i/(0•./ Ref. To: 4' Ref. Date i i 1 7 I Hawai`i County is an Equal Opportunity Provider and Employer AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-9 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SETTLEMENT OF CLAIMS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this ordinance is to better serve the public by reducing the delay in payment of legitimate claims against the County. SECTION 2. Chapter 2, article 3, section 2-9 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-9. Settlement of claims. The corporation counsel shall have the power to [amt,] settle, compromise, or [submit to arbitration any action, causes of action, accounts, debts, claims, demands, disputes, and matters in favor of or against the County, or in which the County is concerned as debtor or creditor,] otherwise resolve any claim now existing or which may hereafter arise, not involving or requiring payment in excess of [$1,500,] $10,000, provided the money to settle claims generally has been appropriated and is available; and provided further that a quarterly report of all settlements by the corporation counsel which require payment of County funds shall be filed with the council. Any settlement which requires payment of County funds in excess of $10,000 shall require council authorization." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. Severability. 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 5. This ordinance shall take effect upon its approval.