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Home My WebLink AboutCOM 0798.002 2014-2016 Margaret Wille ate Phone No.Hilo: (808)961-8027 Council Member o ��,'' Phone No. Waimea: (808) 887-2043 4i1,• District 9-North and South Kohala " " Fax No.: (808)887-2072 ''E+��.!"—i��i*�- E-Mail: mwille@eo.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Hawaii County Building Holomua Center West Hawai`i Civic Center Bldg.A 25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keoho'?ajole IrTw . Hilo Hawaii 96720 Waimea Hawai`i 96743 Kailua-Kona Haw€u'j' 9674 TO: Dru Mamo Kanuha, Council Chair and Members of the Hawai`i County Council FROM: Margaret Wille, Council Member DATE: April 28, 2016 SUBJECT: Proposed Amendments to Bill No. 181; an Ordinance Amending Article XIII, Section 13-4 of the Hawai`i County Charter (2014), Relating to Boards and Commissions. Please find attached proposed amendments to Bill No. 181. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 181 (material to be deleted is bracketed and stricken; material to be added is underscored). A draft copy of proposed Bill No. 181, Draft 2, is attached with the amendments incorporated therein. Bill No. 181 is amended by amending SECTION 1 of the bill, to read as follows: "SECTION 1. Article XIII, section 13-4 of the Hawai`i County Charter (2014), relating to Boards and Commissions, is amended to read as follows: "Section 13-4. Boards and Commissions. Except as otherwise provided in this charter, all boards and commissions specifically established by this charter shall be governed by the following provisions: (a) The members shall serve staggered terms of five years. Upon the initial appointment of the members of a commission consisting of five members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Upon the initial appointment of the members of a commission consisting of seven members, one shall be appointed for a term of one year, one for a term of two years, two for a term of three years, two for a term of four years, and one for a term of five years. Upon the initial appointment of a commission consisting of nine members, one shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. - qp Comm. No. Serving the Interests of the People of Our Island Ref. Hawai`i County Is An Equal Opportunity Provider And Employer c Date MAY 0 3 20j6 (b) The members shall be appointed by the mayor, and confirmed by the council. (c) If a vacancy on a board or commission composed of nine members with council district residency requirements exists for more than ninety days without appointment by the mayor, the council member who represents the applicable district may appoint a member to fill that vacancy, subject to confirmation by the council[.-], provided that: (1) In the event the person appointed by the mayor withdraws or is not confirmed by the council, the ninety-day period begins again from the date of the withdrawal or the date of the failed confirmation, whichever is applicable; and (2) In the event the ninety-day period expires without the mayor having made an appointment, the council member from the district in which the vacancy remains may advise the mayor in writing that within thirty days an appointment for a specified board or commission is forthcoming, thereafter the mayor shall refrain from appointing a member from that district unless the council member's appointment is withdrawn or fails to receive council confirmation. (d) Members may be removed upon recommendation by the mayor and the approval of the council. (e) Any member of a board or commission appointed for a term of two years or less shall be eligible to be appointed for [two] one additional [full terms.] consecutive term. In all other cases, [the member] members shall not be eligible to [be appei ] succeed themselves for [one] an additional [full] consecutive term. (f) No member whose term has expired shall continue to serve on such board or commission, except that if no successor has been appointed and confirmed, the member may, at the discretion of the member, continue to serve until a successor is appointed and confirmed. (g) Any vacancy occurring in any board or commission shall be filled for the unexpired term. (h) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance which shall be established by ordinance. Members of boards and commissions who do not receive compensation from their employers during the time they are serving on boards and commissions may be reimbursed by the county for actual work hours lost at the straight time rate of pay of such members in their regular employment but in no case shall such reimbursement exceed two times the state minimum wage hour rate. (i) A chairperson shall be elected from its membership annually. (j) The affirmative vote of a majority of the entire membership to which a board or commission is entitled shall be necessary to make any action valid; except that in the case of a board or commission which has only advisory functions, the affirmative vote of a majority of those present shall be sufficient to make any action valid. 2 (k) Each board and commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the board or commission is entitled. (1) Notwithstanding any other provision in this charter, no person shall, by reason of occupation alone, be barred from serving as a member of any board or commission. (m) The council shall act to confirm or reject any appointment made to a board or commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (n) The redrawing of council district boundaries during a commission member's term shall not affect a member's eligibility to represent the district to which the member was appointed.' MW/dh Att. 3 AN ORDINANCE AMENDING ARTICLE XIII, SECTION 13-4 OF THE HAWAII COUNTY CHARTER(2014), RELATING TO BOARDS AND COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article XIII, section 13-4 of the Hawai`i County Charter(2014), relating to Boards and Commissions, is amended to read as follows: "Section 13-4. Boards and Commissions. Except as otherwise provided in this charter, all boards and commissions specifically established by this charter shall be governed by the following provisions: (a) The members shall serve staggered terms of five years. Upon the initial appointment of the members of a commission consisting of five members, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Upon the initial appointment of the members of a commission consisting of seven members, one shall be appointed for a term of one year, one for a term of two years, two for a term of three years, two for a term of four years, and one for a term of five years. Upon the initial appointment of a commission consisting of nine members, one shall be appointed to a term of one year, two for a term of two years, two for a term of three years, two for a term of four years, and two for a term of five years. (b) The members shall be appointed by the mayor, and confirmed by the council [and may be removed upon recommendation by the mayor and the approval of the council]. �c) If a vacancy on a board or commission composed of nine members with council district residency requirements exists for more than ninety days without appointment by the mayor, the council member who represents the applicable district may appoint a member to fill that vacancy, subject to confirmation by the council, provided that: (1) In the event the person appointed by the mayor withdraws or is not confirmed by the council, the ninety-day period begins again from the date of the withdrawal or the date of the failed confirmation, whichever is applicable; and (2) In the event the ninety-day period expires without the mayor having made an appointment, the council member from the district in which the vacancy remains may advise the mayor in writing that within thirty days an appointment for a specified board or commission is forthcoming, thereafter the mayor shall refrain from appointing a member from that district unless the council member's appointment is withdrawn or fails to receive council confirmation. (d) Members may be removed upon recommendation by the mayor and the approval of the council. • [(c)].(O . -- - . _•. - . - - - . .- ... or commission appointed for a term of two years or less shall be eligible to succeed themselves for an additional full term] Any member of a board or commission appointed for a term of two years or less shall be eligible to be appointed for one additional consecutive term. In all other cases, members shall not be eligible to succeed themselves for an additional consecutive term. [(d)lin No member whose term has expired shall continue to serve on such board or commission, except that if no successor has been appointed and confirmed, the member [shall] may, at the discretion of the member, continue to serve [for ninety days or] until a successor is appointed and confirmed[, whichever comes first]. [(e)](g) Any vacancy occurring in any board or commission shall be filled for the unexpired term. [(f) Not more than a bare majority of the members shall belong to the same political Part5q [(g)](h) Members shall receive no compensation but shall be reimbursed for necessary expenses,incurred in the performance of their duties. Necessary expenses may be paid in advance as per diem allowance which shall be established by ordinance. Members of boards and commissions who do not receive compensation from their employers during the time they are serving on boards and commissions may be reimbursed by the county for actual work hours lost at the straight time rate of pay of such members in their regular employment but in no case shall such reimbursement exceed two times the state minimum wage hour rate. Rhau A chairperson shall be elected from its membership annually. Mu) The affirmative vote of a majority of the entire membership to which a board or commission is entitled shall be necessary to make any action valid; except that in the case of a board or commission which has only advisory functions, the affirmative vote of a majority of those present shall be sufficient to make any action valid. [E](k) Each board and commission shall have the power to establish its rules of procedure necessary for the conduct of its business, which rules shall contain the time and place of all regular meetings, and which shall specify that a quorum shall be a majority of the members to which the board or commission is entitled. [(k)]ffl Notwithstanding any other provision in this charter, no person shall, by reason of occupation alone, be barred from serving as a member of any board or commission. [(1-)](m) The council shall act to confirm or reject any appointment made to a board or commission by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. [( r)](n)The redrawing of council district boundaries during a commission member's term shall not affect a member's eligibility to represent the district to which the member was appointed." 2 SECTION 2. Charter material to be repealed is bracketed and stricken. New 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 brackets, bracketed and stricken material, and 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 Hawai`i County for approval in the 2016 general election. SECTION 5. Upon approval of the charter amendment proposed in this ordinance by a majority of voters voting on this legislation in the 2016 general election, as duly certified,this ordinance shall take effect at twelve o'clock meridian on December 5, 2016. 3