HomeMy WebLinkAboutCOM 0890.002 2014-2016 DANIEL K. PALEKA, JR. 4�.�L'os �,'' Public Safety&Mass Transit
Committee Chair
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Council Member + .�,;�►:;`� ' 'a
District 5—Puna Mauka , :+ •
Phone: (808)961-8263
25 Aupuni Street, Suite 1402 '+r**E o oe:•• .gal Fax: (808)961-8912
Hilo, Hawaii 96720 Email: dpaleka@hawaiicounty.gov
HAWAI`I COUNTY COUNCIL '
DATE: June 14, 2016
TO: Dru Mamo Kanuha, Council Chair co
and Members of the Hawai`i County Council
FROM: Daniel K. Paleka Jr., Council Member
SUBJECT: 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 6-4.2,
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 Hawai`i 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 in Ramseyer format with respect to the contents of Bill No. 211 (material to be
deleted is bracketed and stricken; material to be added is underscored):
1. Section 1 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 [twe]
four years and shall be eligible for reappointment by the mayor[, subject to confirmation],
A performance evaluation and review of the director shall be conducted by the council in
January of the first year of each council term. The director shall be a registered
professional engineer. The director shall have had a minimum of five years of experience
in an administrative capacity."
2. Section 2 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] four years and shall be eligible for reappointment by the mayor[, subject to
confirmation]. A performance evaluation and review of the director shall be conducted by
the council in January of the first year of each council term. The director shall have had a
minimum of five years of experience in an administrative capacity." ,
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3. Section 3 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 [twe] four years and shall be eligible for reappointment by the mayor[, subject
to confirmation]. A performance evaluation and review of the director shall be conducted
by the council in January of the first year of each council term."
4. Section 4 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 [twe] four years and shall be eligible for
reappointment by the mayor[, subject to confirmation]. A performance evaluation and
review of the corporation counsel shall be conducted by the council in January of the first
year of each council term. The corporation counsel shall be an attorney licensed to
practice and in good standing before the Supreme Court of the State of Hawai`i."
5. Section 5 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]
four years and shall be eligible for reappointment by the mayor[, subject to confirmation]_
A performance evaluation and review of the finance director shall be conducted by the
council in January of the first year of each council term. 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 is amended 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[twe] four years and shall be eligible for reappointment by the mayor[, subject
to confirmation]. A performance evaluation and review of the planning director
shall be conducted by the council in January of the first year of each council term.
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 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 [twe] four years and shall be eligible for reappointment by the mayor[, subject
to confirmation]. A performance evaluation and review of the director shall be conducted
by the council in January of the first year of each council term. The director shall have
had a minimum of five years of related experience."
8. Section 8 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] four years and shall be eligible for reappointment by the mayor[, subject
to confirmation]. A performance evaluation and review of the director shall be conducted
by the council in January of the first year of each council term. 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."
Attached is a draft copy of Bill No. 211, Draft 2, with the proposed amendments incorporated.
DP/nm
Att.
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 four years and shall be
eligible for reappointment by the mayor. A performance evaluation and review of the director
shall be conducted by the council in January of the first year of each council term. 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 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 four years and
shall be eligible for reappointment by the mayor. A performance evaluation and review of the
director shall be conducted by the council in January of the first year of each council term. 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 four years
and shall be eligible for reappointment by the mayor. A performance evaluation and review of
the director shall be conducted by the council in January of the first year of each council term."
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 four years and shall be eligible for reappointment by the mayor. A
performance evaluation and review of the corporation counsel shall be conducted by the council
in January of the first year of each council term. 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 four years and shall
be eligible for reappointment by the mayor. A performance evaluation and review of the finance
director shall be conducted by the council in January of the first year of each council term. 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 four years and
shall be eligible for reappointment by the mayor. A performance evaluation and review of
the planning director shall be conducted by the council in January of the first year of each
council term. 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:
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"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 four years
and shall be eligible for reappointment by the mayor. A performance evaluation and review of
the director shall be conducted by the council in January of the first year of each council term.
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 four
years and shall be eligible for reappointment by the mayor. A performance evaluation and review
of the director shall be conducted by the council in January of the first year of each council tens.
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 Hawaii,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.
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.
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