Loading...
HomeMy WebLinkAboutBIL 255 Draft 01 2012-2014OFFICE. INFORMATION ONLY Meeting: Council — June 4, 2014 Action: Filed at first reading due to lack of second. Re: Bill 255; Comm. 878 (2012-2014 term); FC -176 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 255 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, SECTION 6-5.5 OF THE HAWAII COUNTY CHARTER (2012 EDITION), RELATING TO THE APPOINTMENT OF LEGAL COUNSEL IN THE LEGISLATIVE BRANCH AND THE AUTHORIZATION OF SPECIAL COUNSEL. 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 Hawai' i County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without limitation. SECTION 2. Article III, section 3-6 of the Hawaii County Charter (2012 Edition), is amended read as follows: "Section 3-6. Organization of the Council; Officers; Employees. (a) Definitions. For the purpose of this section, the following definitions apply: "Constituted authority" means the legislative, executive, and judicial departments officiallyahey 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, 2) 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 Hawai `i. [(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 create such positions therein as it deems necessary to assist it in the exercise of its legislative power. The council shall fix the salaries of such positions by ordinance. Funds appropriated for such salaries shall be allotted by, and the persons holdingsuch uch positions shall be appointed by, and serve under the direction of the chairperson of the council. Staff shall be appointed in a manner consonant with merit principles. (e) The council may authorize, employ, and hire attorneys within the legislative branch to represent it in court litigation where the dispute is with the executive branch and where the corporation counsel may represent the mayor or officers of the executive branch. In the event that attorney within the legislative branch should be authorized by two-thirds vote of its entire membership to represent the county council, those staff attorneys shall be deemed to have the status of "special counsel." ff) Legislative branch attorney(s) shall be exempt from civil service laws and classifications and report to the council chairperson." 2 SECTION 3. Article VI, chapter 5, section 6-5.5 of the Hawaii County Charter (2012 Edition), is amended to read as follows: "Section 6-5.5. Special Counsel. The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any [speeial] matter -feat neeessity for- sue ] that the council without limitation determines may require such employment. Any such authorization shall specify the 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 2014 general election. SECTION 7. The charter amendment proposed in this ordinance shall take effect, following its 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 1St Reading: Date of 2„ d Reading: Date of 3`d Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII REFERENCE Comm. 878 3