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HomeMy WebLinkAboutCOM 1142.001 2014-2016 Aaron S. Y. Chung `'��°"'����H4+.;'' Phone No.: (808)961-8272 : '" •° Fax No.: 808 961-8912 Council Member „�`��' � ( ) District 2 South Hilo aaron.chung@hawaiicounty.gov •o- •, .r .;:::�.� : HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building o ' 25 Au uni Street Hilo,Hawaii 96720 ',` Date: November 1, 2016 7) To: Dru Mamo Kanuha, Council Chair and Members of the Hawai`i County Council .1=.. From: r Aaron S. Y. Chung, Council Member Re: Proposed Amendment to Bill No. 254; An Ordinance Amending Chapter 2, Article 3 of the Hawai`i County Code 1983 (2016 edition, as amended), by Adding a New Section Relating to Appointment of Personnel to the Office of the Corporation Counsel Please find attached a proposed amendment to Bill No. 254. The proposed amendment is illustrated below via Ramseyer format with respect to the contents of Bill No. 254 (material to be deleted is bracketed and stricken; material to be added is underscored). A draft copy of Bill No. 254, Draft 2, is attached with the proposed amendment incorporated. SECTION 1 of Bill No. 254 is amended to read as follows: "SECTION 1. Chapter 2, article 3 of the Hawai`i County Code 1983 (2016 edition, as amended) is amended by adding a new section to be appropriately designated and to read as follows: "Section 2-_. Appointment of personnel. (a) The corporation counsel may appoint deputy corporation counsels and necessary staff. Any appointment or discharge of a deputy corporation counsel shall be subject to approval by the mayor and [then] confirmation or approval by the council. When considering the appointment or discharge of a deputy corporation counsel, the council shall meet in executive session; provided, the council shall vote to [approve] confirm the appointment or approve the discharge in an open session of a duly noticed meeting. The motion to [approve] confirm the appointment or approve the discharge of a deputy corporation counsel shall require a majority vote of the members of the council. [(b) A deputy corporation counsel shall remain in office until he or she resigns, retires, or is discharged pursuant to subsection(a).] 1114/ t corm; No. 11`l �•� • I Ref. To: $ Cll11 qef, Date NOV o 2 2016 Hawai`i County Is An Equal Opportunity Provider And Employer November 1, 2016 Page 2 (b) Pursuant to section 6-5.6 of the Charter, the term of office of the assistant corporation counsel and any deputy corporation counsel shall be co-terminous with that of the mayor provided that: (1) Where a successor has not been appointed, the assistant corporation counsel shall continue in office until such time that a successor has been duly appointed; and (2) Where a successor has not been appointed and confirmed pursuant to subsection (a), a deputy corporation counsel shall continue in office until such time that a successor has been duly appointed, approved by the mayor and confirmed by the council." ASYC:am Att. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 3 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED) BY ADDING A NEW SECTION RELATING TO APPOINTMENT OF PERSONNEL TO THE OFFICE OF THE CORPORATION COUNSEL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 3 of the Hawai`i County Code 1983 (2016 edition, as amended) is amended by adding a new section to be appropriately designated and to read as follows: "Section 2- . Appointment of personnel. (a) The corporation counsel may appoint deputy corporation counsels and necessary staff. Any appointment or discharge of a deputy corporation counsel shall be subject to approval by the mayor and confirmation or approval by the council. When considering the appointment or discharge of a deputy corporation counsel, the council shall meet in executive session; provided, the council shall vote to confirm the appointment or approve the discharge in an open session of a duly noticed meeting. The motion to confirm the appointment or approve the discharge of a deputy corporation counsel shall require a majority vote of the members of the council. (b) Pursuant to section 6-5.6 of the Charter, the term of office of the assistant corporation counsel and any deputy corporation counsel shall be co-terminous with that of the mayor provided that: (1) Where a successor has not been appointed, the assistant corporation counsel shall continue in office until such time that a successor has been duly appointed; and (2) Where a successor has not been appointed and confirmed pursuant to subsection (a), a deputy corporation counsel shall continue in office until such time that a successor has been duly appointed, approved by the mayor, and confirmed by the council." SECTION 3.New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. 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 declared to be severable. SECTION 5. This ordinance shall take effect upon approval.