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Home My WebLink AboutCOM 0876.002 2012-2014 DENNIS "FRESH" ONISHI .- .....��', PHONE: (808)961-8396 Council Member FAX: (808)961-8912 `� ''� %��?' EMAIL:donislii'aco.h(11101i.hi.us District 3 __+�. _ o 2c CD HAWAII COUNTY COUNCIL 25 Aupuni Street, Hilo, Hawai`i 96720 aw- TO: J Yoshimoto, Council Chair 3J and Members of the Hawai`i County Council — -re i FROM: 6� Dennis "Fresh" Onishi, Council Member DATE: June 3, 2014 SUBJECT: Proposed Amendments to Bill No. 253; An Ordinance to initiate an amendment to Article III, Section 3-6 of the Hawai`i County Charter (2012 Edition), relating to the term of appointment for the County Clerk. Please find attached proposed amendments to Bill No. 253. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 253 (material to be deleted is bracketed and stricken; material to be added is underscored). 1. Bill No. 253 is amended by amending Section 1 to read as follows: "SECTION 1. Article III, section 3-6 of the Hawai`i County Charter (2012 Edition), is amended to read as follows: "Section 3-6. Organization of the Council; Officers; Employees. (a) 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) The council shall appoint the county clerk which position shall be exempt from civil service laws and classifications. The county clerk shall serve for a period of [six] four years, and thereafter, until a successor is appointed. The council, by a two-thirds vote of its membership, may remove the county clerk from office at any time for cause. The county clerk shall: (1) Be the clerk of the council. (2) Be custodian of the county seal. Comm. N i " s • 2'' Hawai`i County is an Equal Opportunity Provider and Employer. Ref.To: Ref. Dote U -04 2014 (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." 2. Bill No. 253 is amended by amending Section 5 to read as follows: "SECTION 5. The charter amendment proposed in this ordinance [shall take effect] shall, upon its approval by a majority of voters voting on this legislation in the 2014 general election, as duly certified, [. . . . .. -- - -- . -- ,. - . .., - . -- County Council inaugurated for the 201 2016 Council term.] take effect at noon on December 5, 2016." A draft copy of Bill No. 253, Draft 2, is attached with these proposed amendments incorporated therein. DO/ps att. 2 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-6 OF THE HAWAII COUNTY CHARTER (2012 EDITION), RELATING TO THE TERM OF APPOINTMENT FOR THE COUNTY CLERK. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article III, section 3-6 of the Hawai`i County Charter (2012 Edition), is amended to read as follows: "Section 3-6. Organization of the Council; Officers; Employees. (a) 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) The council shall appoint the county clerk which position shall be exempt from civil service laws and classifications. The county clerk shall serve for a period of four years, and thereafter, until a successor is appointed. The council, by a two-thirds vote of its membership, may remove the county clerk from office at any time for cause. 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." SECTION 2. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of I-Iawai`i, the reviser need not include 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 severable. 3 SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawai`i County for approval in the 2014 general election. SECTION 5. The charter amendment proposed in this ordinance shall, upon its approval by a majority of voters voting on this legislation in the 2014 general election, as duly certified, take effect at noon on December 5, 2016. 4