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HomeMy WebLinkAboutBIL 138 Draft 05 1996-1998OFFICE INFORMATION ONLY Meeting: Hawaii County Council - Maxch 6, 1998 Action: Close file - died due to lack of two-thirds majority vote. Re: Bill 138/C-483 'e, Q COUNTY OF HAWAI ` ..'STATE OF HAWAII ;.: BILL NO. Iss Draft 5 ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-28, OF THE HAWAII COUNTY CHARTER (1991), RELATING TO THE SALARY COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Article XIII, Section 13-28 of the Hawaii County Charter is amended to read as follows: "Section 13-28. Compensation; Salary Commission. (a) [The salary of all county elected officials shall be established by a salary commission which shall consist of nine members appointed by the mayor with the approval of the council, in the manner prescribed in Section 13-4(b). The members may be removed in the manner prescribed in Section 13-4(b).] The salary commission shall establish the salary of all county elected officials. the managing director, deputymanaging director, housing administrator. safety coordinator. band director. county physicians county clerk, deputy county clerk, legislative auditor, and department heads. along with deputy department heads, of departments described in articles V through VII and article IX of this charter. (h) Any action of the commission establishing the salaries and salary schedules shall be by resolution accompanied by findings of fact The resolution and findings of fact shall be forwarded to the mayor and the council and shall take effect without their concurrence sixty calendar days after its adoption by the commission unless rejected by a two-thirds vote of the council's entire membership The council may reject the entire resolution or any portion thereof. ([b]) The commission shall consist of nine members[, six of whom shall be representatives of the county geographical areas of Puna, Ka' u, Kona, Kohala, Hamakua and Hilo, and three of whom shall be representatives of the county -at -large]. One member shall be appointed from each of the resneetive nine county council districts. In addition, the civil service director and deputy civil service director shall serve as ex -officio members of the commission in an advisory capacity. ([c]d) The commission shall establish its rules of procedure, which shall provide that it meet at least annually, and adopt rules and regulations having the force and effect of law. ([d]e) The commission shall review and [compensate all county elected officials so that their salaries have a reasonable relationship to the salaries of civil service employees, given due consideration for the duties and responsibilities of the officials] set the compensation for those persons identified in subsection (a) in accordance with generally accepted principles of pay and compensation for work performed and preservation of a sensible relationship with the salaries of other county employees: provided that once having set the salary for the mayor, the salaries for all other positions set by the commission shall not exceed 95% of the mayor's salary." SECTION 2. Following adoption of this amendment, the current members of the salary commission will continue to serve their terms of office. As new appointments are made, any duplications or lack of representation of a council district shall be corrected. SECTION 3. Material to be repealed is bracketed and new material is underscored. SECTION 4. Severability. If any provisions of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision. SECTION 5. Upon adoption of this ordinance, the council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of the county for approval at the next general election. SECTION 6. This amendment shall take effect upon its approval by the voters. INTRODUCED BY: COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1" Reading: Date of 2" Reading Date of V Reading: E��efckt ve.Date: Comm. 483.08 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATE: OFFICF. OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced By. Janes Y. Arakaki Date Introduced: October 15, 1997 First Reading: February 18, 1998 Published: February 26, 199.8 REMARKS: 10/15/97 - Deferred on Council level. 01/07/98 - Deferred on Council level. Second Reading: March 6, 1998 To Mayor: N/A Returned: N/A Effective: N/A Published: N/A REMARKS: Close file - failed to reach tt -thirds majority vote required - ROLL CALL VOTE. AYES NOES ABS EX Arakaln X Chung X Leithead-Todd X Ray X Reynolds -x --- Santangelo X Smith X Tyler X Yagong X 4 3 2 I 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved thio o/ 19 MAYOR, COUNTY OF HAWAII COUNCIL CHAIRMAN COUN"fYCLERK Bill No.: 138 (Draft ) Reference: C-483/FC-143 Ord. No.: