HomeMy WebLinkAboutORD 2014-098 2012-2014 J�t-4 Os
COUNTY OF HAWAII STATE OF HAWAII
�TEosN��►
BILL NO. X53
(DRAFT 2)
ORDINANCE NO. 14 98
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 HAWAI`L•
SECTION 1. Article III, section 3-6 of the Hawaii 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. 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 Hawaii, 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.
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.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2014 general election, as duly
certified, and shall apply to the term of the County Clerk appointed by the County Council
inaugurated for the 2014-2016 Council term.
INTRODUCED BY:
COUNCI MBER, COUNTY OF HAWAII
kilo , Hawai`i
Date of Introduction: June 4, 2014
Date of 0 Reading: June 4, 2014
Date of 2nd Reading: June 18, 2014
Date of 3rd Reading: July 2, 2014
Effective Date: Upon its approval by a majority of
wters in the 2014 CffEral Election,
this Ordina-ce shall take effer-t cn Nmufber 4, 2014
REFERENCE Comm, 876.4
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: J Yoshimoto ROLL CALL VOTE
Date Introduced: June 4, 2014 AYES NOES ABS EX
First Reading: June 4, 2014 Eoff X
Published: N/A Ford X
I lagan X
REMARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: June 18, 2014 6 3 0 0
To Mayor:
Returned: ROLL CALL VOTE
Effective: AYES NOES ABS EX
Published: Eoff X
Ford X
REMARKS: I lagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
6 3 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of 20 COUNTY CLERK
Bill No.: 253 (Draft 2)
MAYOR, COUNTY OF HAWAII Reference: C-876 .4/FC-174
Ord No.:
OFFICE OF THE COUNTY CLERK C O U" 1 `'d_E R h
County of Hawaii W ' ° A WAI,
Hilo, Hawaii 1014 JUL 2 3 PM 1: 4 4
Introduced By: ROLL CALL VOTE
Date Introduced: AYES NOES ABS ZEX
First Reading: Eoff
Published: Ford
Ilagan
REMARKS. Kanuha
Kern ZI
Onishi
Poindexter
Wille
Yos
to
Third Reading: July 2, 2014
To Mayor: July 14j 2014 (Draft 2)
Returned: July 23, 2014 ROLL CALL VOTE
Effective: See "Remarks" section below AYES NOES ABS EX
Published: July 30, 2014 Eoff X
Ford X
REMARKS: Effective: Upon its approval Ilagan X
by a majority of voters in the 2014 Kanuha X
General Election, this Ordinance X
Kern
Shall take effect on November 4, 2014 . Onishi X
Poindexter X
Wille X
Yoshimoto X
7 1 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
r
CO IL CHAIRPERSO
pproved/Dini rove this f day
of 20 1 O LINTY CLERK
253 (Draft 2)
Bill No.:
MAYOR, COUNTYOFHAWAI`I Reference: C-876 .4/FC-174
Ord No.: 14 96
AFFIDAVIT OF PUBLICATION
State of Hawaii )
) SS:
County of Hawaii )
M. R. Chavez, being first duly sworn, deposes and says:
1. That she is the Classified Accountant of WEST HAWAII TODAY, a
newspaper published in the City of Kailua-Kona, State of Hawaii.
2. That "PROPOSED AMENDMENT TO THE HAWAII COUNTY CHARTER NOTE: THIS
PROPOSED AMENDMENT WILL BE ON THE GENERAL ELECTION BALLOT, NOVEMBER 4, 2014"
of which a clipping from the newspaper is attached hereto, was published in said
newspaper on the following date(s) September 16, 2014 (etc.)
G ^
Subscribed and sworn to before me
This 16th day of September, 2014
N P.0114,
TA yo
Notary Public, Third Circuit, Comm.No.11 188
State of Hawaii AUBOG
`�TgrF oF*i*-, \�
Henriann P. Kahananui
My Commission expires: June 6, 2015
# Page(s): 1
PROPOSED AMENDMENT TO THE HAWAII
COUNTY CHARTER
NOTE:THIS PROPOSED AMENDMENT WILL
BE ON THE GENERAL ELECTION BALLOT,
NOVEMBER 4,2014
The fIawai`i County Charter is the document'which sets out
the form of local government in the County of Hawaii. One
amendment has been proposed to the Charter by the Hawaii
County Council.The amendment,Proposal No.1,will be placed
on a ballot in the form of a question,and set before the electorate
in the General Election on November 4,2014.
The full text for the single amendment is provided below in
ordinance form. In an ordinance, material to be repealed is
bracketed and stricken and new material is underscored.
In addition,the ballot question for Proposal No. 1 is set out
preceding the full text of the proposed amendment.
BALLOT QUESTION
PROPOSAL NO.1:Term of Appointment for the County Clerk
Shall the County Charter be amended to create a four-year term.
of appointment for the County Clerk,with the County Council
having the authority to remove the County Clerk from office by
a two-thirds vote of its membership?
If If you disagree with
e wi hoProposal No."1 vote no.
If you disagree
FULL TEXT OF PROPOSAL NO.1
ORDINANCE NO.14-88
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 Hawaii 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 an y 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.
serve for a period o£four years and
-cif+off. ►he council.by a
two-thir vote of its membership,may remove the county
clerk from office t any time.The county clerk shall:
(1) Be the clerk oft the council.
(2) Be custodian of the county seal..
(3) Conduct all elections held within the county.
(4) of the council, 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 Hawai 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..
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. ,
SECTION 5. The charter amendment proposed in this
ordinance shall take effect upon its approval by a majority of
voters voting on this legislation in the 2014 general election,as
duly certified,and shall apply to the term of the County Clerk
appointed by the County Council inaugurated for the 2014-2016
Council term.
Hawai'i County is an Equal Opportunity Provider and Employer.
(No.306315-West Hawaii Today:September 16,2014)
AFFIDAVIT OF PUBLICATION
State of Hawaii )
SS:
County of Hawaii )
LEILANI K. R. HIGAKI , being first
duly sworn, deposes and says:
1. That she is the BUSINESS MANAGER of
HAWAII TRIBUNE-HERALD
, a
newspaper published in the City of HILO
State of Hawaii.
2. Thatthe " PROPOSED AMENDMENT TO THE HAWAII COUNTY CHARTER. . .
WILL BE ON. . .NOVEMBER 4, 2014. . .etc.
of which a clipping from the newspaper as published is attached hereto, was pub-
lished in said newspaper on the following date(s)
307029 September 16, 2014 , (etc.).
Subscribed and sworn to before me
this 30th day of September,2 01" "'��i,�
NOTARY
B .1c -
DANETTE K. KOOCHI =
Comm.No.
Notary Public, Third Circuit, State of Hawti s ' •'•" 2• '•`\
���i�q�OF NP�p•`��
My commission expires March 23,_2O1R
Page(s): 1
PROPOSED AMENDMENT TO THE HAWAII COUNTY CHARTER
NOTE:THIS PROPOSED AMENDMENT WILL BE ON s
THE GENERAL ELECTION BALLOT,NOVEMBER 4,2014
The Hawaii County Charter is the document which sets out the form of local government
in the"County of Hawaii. One,amendment has been proposed to the Ch rter by the
Hawaii County Council.The amendment; Proposal No. 1;will be placed on a allot it the
form of a question, and set°before the electorate in the will Election on ovember 4,
2014.
.The full text for the single amendment is provided below in ordinance form.In
ordinance,material to be repealed is bracketed and stricken and new material is
underscored.in addition,the ballot question for Proposal No.l is set out preceding the full,
text of the proposed amendment.
BALLOT QUESTION
PROPOSAL NO.1:Term of Appointment for the County Clerk
Shall the County Charter be amended to create a four-year term of appointment for the
County Clerk, with the'County Council having the authority to remove the County Clerk
from office by a two-thirds vote of its membership?
If you agree with Proposal No."1,"vote yes.
If you disagree with Proposal No."1,"vote no.
-------------------------
FULL TEXT OF PROPOSAL NO.1
ORDINANCE NO.14-98
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE 111,SECTION 3-6
OF THE HAWAII COUNTY CHARTER(2812 EDITION),RELATING TO THE TERM
OF APPOINTMENT FOR THE COUNTY CLERK.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWArl:
SECTION 1 .Article III,section 3-6 of the Hawaii 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 chairper-
son,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 unabl8 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 councilr-by a"two-thirds-
vote of its membership, may remove the county clerk from office at any time 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 Hawaii,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.
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.
SECTION S. The charter amendment proposed in this ordinance shall take effect
upon its approval by majority of voters voting on this legislation in the 2014 general
election, as duly certified, and shall apply to the term of the County Clerk appointed by
the County Council inaugurated for the 2014-2016 Council term.
Hawai'i County is an Equal Opportunity Provider and Employer.
(307029 Hawaii Tribune-Herald: September 16,2014)
Y ,