Loading...
HomeMy WebLinkAboutCOM 0890.001 2014-2016 J�1Y Oih , Aaron S. Y Chung cP•,�� y�N.,'.. Phone No.: (808)961-8272 Council Member ",,. —`' • Fax No.: 808 961-8912 District 2 South Hilo' �' aaron.chung@hawaiicounty.gov HA WAI I COUNTY COUNCIL County of Hawai Hawaii County Building o 7 25 Aupuni Street Hilo,Hawai`i 96720 <y CD _7 Date: June 14,2016 _ To: Dru Mamo Kanuha, Council Chair and Members of the Hawaii County Council From: .Aaron S. Y. Chung, Council Member Re: Proposed Amendments to Bill No. 211: An Ordinance Amending Article VI, Chapter 2, Section 6-2.2, Chapter 3, Section 6-3.2, Chapter 4, Section 6-4, Chapter 5, Section 6-5.2, Chapter 6, Section 6-6.2, Chapter 7, Section 6-7.2, Chapter 8, Section 6-8.2, and Chapter 10, Section 6-10.3,and Article XIII, Section 13-8 of the Hawaii County Charter(2014), Relating to Terms of Office for Department Heads in the Executive Branch for Those Agencies Under the Managing Director. Please find attached proposed amendments to Bill No. 211. The proposed amendments are illustrated below via Ramseyer format with respect to the contents of Bill No. 211. A draft copy of Bill No. 211, Draft 2, with these proposed amendments incorporated is attached. 1. Section 1 of Bill No. 211 is amended to read as follows: "SECTION 1. Article VI, chapter 2, section 6-2.2 of the Hawaii County Charter (2014), is amended to read as follows: "Section 6-2.2. Director. The director of public works shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-];provided, however, the director shall not serve beyond the term of the mayor. The director shall be a registered professional engineer. The director shall have had a minimum of five years of experience in an administrative capacity." f)gv . Comm. Na. — Ref. To: 2016 Ref. Dote JUN 15 Hawai`I County Is An Equal Opportunity Provider And Employer June 14, 2016 Page 2 2. Section 2 of Bill No. 211 is amended to read as follows: "SECTION 2. Article VI, chapter 3, section 6-3.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-3.2. Director. The parks and recreation director shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[-]i provided, however, the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of experience in an administrative capacity."" 3. Section 3 of Bill No. 211 is amended to read as follows: "SECTION 3. Article VI, chapter 4, section 6-4.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-4.2. Appointment and Removal. The director of information technology shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-];, provided,however,the director shall not serve beyond the term of the mayor.' 4. Section 4 of Bill No. 211 is amended to read as follows: "SECTION 4. Article VI, chapter 5, section 6-5.2 of the Hawaii County Charter (2014), is amended to read as follows: "Section 6-5.2. Appointment and Removal. The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council. The corporation counsel shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-]; provided, however, the corporation counsel shall not serve beyond the term of the mayor. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawaii." June 14, 2016 Page 3 5. Section 5 of Bill No. 211 is amended to read as follows: "SECTION 5. Article VI, chapter 6, section 6-6.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-6.2. Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The finance director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-]; provided., however, the finance director shall not serve beyond the term of the mayor. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. A deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position.' 6. Section 6 of Bill No. 211 is amended to read as follows: "SECTION 6. Article VI, chapter 7, section 6-7.2 of the Hawai`i County Charter (2014), is amended by amending subsection(a)to read as follows: "(a) The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-]; provided, however, the planning director shall not serve beyond the term of the mayor. The planning director shall have had a minimum of five years of training and experience in a responsible planning position, or a degree in planning, engineering, architecture, geography, or another planning-related field and three years of experience in a responsible planning position. No less than three years of experience shall have been in an administrative capacity."" 7. Section 7 of Bill No. 211 is amended to read as follows: "SECTION 7. Article VI, chapter 8, section 6-8.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-8.2. Director. The director of research and development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-]; provided, however, the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of related experience."" June 14, 2016 Page 4 8. Section 8 of Bill No. 211 is amended to read as follows: "SECTION 8. Article VI, chapter 10, section 6-10.3 of the Hawai`i County Charter(2014), is amended to read as follows: "Section 6-10.3.Director. The director of environmental management shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council[.-]; provided, however,the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of administrative experience in a related field and an engineering degree or a degree in a related field.' ASYC:awm Att. June 14, 2016 Page 5 AN ORDINANCE AMENDING ARTICLE VI, CHAPTER 2, SECTION 6-2.2, CHAPTER 3, SECTION 6-3.2, CHAPTER 4, SECTION 6-4.2, CHAPTER 5, SECTION 6-5.2, CHAPTER 6, SECTION 6-6.2, CHAPTER 7, SECTION 6-7.2, CHAPTER 8, SECTION 6-8.2,AND CHAPTER 10, SECTION 6-10.3,AND ARTICLE XIII, SECTION 13-8 OF THE HAWAII COUNTY CHARTER(2014),RELATING TO TERMS OF OFFICE FOR DEPARTMENT HEADS IN THE EXECUTIVE BRANCH FOR THOSE AGENCIES UNDER THE MANAGING DIRECTOR. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article VI, chapter 2, section 6-2.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-2.2. Director. The director of public works shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, however,the director shall not serve beyond the term of the mayor. The director shall be a registered professional engineer. The director shall have had a minimum of five years of experience in an administrative capacity." SECTION 2. Article VI, chapter 3, section 6-3.2 of the Hawai`i CountyCharter 2014 p ( ), is amended to read as follows: "Section 6-3.2. Director. The parks and recreation director shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, however, the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of experience in an administrative capacity." SECTION 3. Article VI, chapter 4, section 6-4.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-4.2. Appointment and Removal. The director of information technology shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, however,the director shall not serve beyond the term of the mayor." June 14, 2016 Page 6 SECTION 4. Article VI, chapter 5, section 6-5.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-5.2. Appointment and Removal. The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council. The corporation counsel shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, however, the corporation counsel shall not serve beyond the term of the mayor. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawai`i." SECTION 5. Article VI, chapter 6, section 6-6.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-6.2. Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The finance director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, vided however, the finance director shall not serve beyond the term of the mayor. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. A deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position." SECTION 6. Article VI, chapter 7, section 6-7.2 of the Hawai`i County Charter (2014), is amended by amending subsection(a) to read as follows: "(a) The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council; provided, however, the planning director shall not serve beyond the term of the mayor. The planning director shall have had a minimum of five years of training and experience in a responsible planning position, or a degree in planning, engineering, architecture, geography, or another planning-related field and three years of experience in a responsible planning position. No less than three years of experience shall have been in an administrative capacity." SECTION 7. Article VI, chapter 8, section 6-8.2 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 6-8.2. Director. The director of research and development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to June 14, 2016 Page 7 confirmation by the council., provided, however, the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of related experience." SECTION 8. Article VI, chapter 10, section 6-10.3 of the Hawai`i County Charter(2014), is amended to read as follows: "Section 6-10.3.Director. The director of environmental management shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall serve for a term of two years and shall be eligible for reappointment by the mayor, subject to confirmation by the council., provided, however,the director shall not serve beyond the term of the mayor. The director shall have had a minimum of five years of administrative experience in a related field and an engineering degree or a degree in a related field." SECTION 9. Article XIII, section 13-8 of the Hawai`i County Charter (2014), is amended to read as follows: "Section 13-8. Term of Office of Department Heads. [The] Except as otherwise provided in this charter, the term of office of department heads, deputies and assistants shall be co-terminous with that of the appointing authority;provided,that where a successor has not been appointed, a department head, deputy or assistant, as the case may be, shall continue in office pending such appointment. The council shall confirm or deny confirmation within sixty days of the appointment or reappointment of any department head. If the council does not act within sixty days, the department head shall be deemed to be confirmed. The department head shall take office upon appointment but shall not continue in office if the council denies confirmation." SECTION 10. 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 11. 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. June 14, 2016 Page 8 SECTION 12. 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 general election. SECTION 13. This ordinance shall take effect upon its approval by the electorate,per duly certified results of the general election.