HomeMy WebLinkAboutComm No 0016.09 - Updated TOSA - June 5, 2019Updated: 06/05/19 (LRB)
Hawaii County Charter Commission
Table of Charter Sections Affected by Amendments
Proposed by Commissioners or Suggested by County Officials
Disclaimer:
This table is a working draft that is subject to change. It is provided as a public service
for informational purposes only. No warranties or representations of any kind are made regarding
the accuracy, completeness, or timeliness of any of the information contained on this table.
Section
Section Name
C No
Proposal No.
Notes
3-2
Composition and Terms
2.1
Commission Analyst Henricks - Legislative history
relating to sec. 3-2 that provides for composition and
terms of Council and its members. (8/27/18)
3.2.1
Ad Hoc Committee on section 3-2 - report (10/25/18)
Status: Held for discussion at 12/14/18 meeting.
23.5
CA -8, Draft 2
Rice
Proposes changing terms from two to four years and
term limits to two consecutive four year terms.
(1/24/19)
Status: Passed lst reading. (2/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
13.2
CA -1, Draft 3
Adams
Proposed correction to wording. (10/29/18)
Status: Passed lst reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
1
Comm. No. 16.9
Section
Section Name
Comm.
No.
Proposal No.
Notes
3-7
Meetings; Rules and Journal;
Voting and Quorum
14.1
CA -2, Draft 2
Adams
Proposes amendment to provide that Council would
hold equal number of mtgs. in East and West Hawaii
within each calendar year. (10/2/18)
Status: Passed 1st reading. (12/14/18)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
28.1
CA -12
Leithead Todd
Adds disciplinary measures for council members who
behave in a disorderly or contemptuous manner at
council meetings, or when a council member fails to
attend three or more regular meetings of the council
without being excused by the council chair. (1/14/19)
Status: Passed lst reading. (3/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
3-13
Adoption of Pay Plan
2.2
Dept of Human Resources Director's reply to questions
from Commission. (8/29/18)
3-17
County Redistricting
Commission
13 2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed 1st reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
3-18
Office of the Legislative Auditor
4.5
Legislative Auditor Nims proposed change to name of
office. (9/14/18)
19.2
CA -5 Saquing
Would change name of "Legislative Auditor" to
"County Auditor." (10/30/18)
Status: Passed 1st reading. (1/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
2
Section
Section Name
C Nam.
Proposal No.
Notes
5-2 2
Cost of Government
Commission
13 2
CA-1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed lst reading. (11/9/18)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
6-1.2*
Managing Director*
8
Council Member O'Hara's proposal relating to
confirmation of directors. (9/21/18) *Also relates to
6-2.2, 6-3.2, 6-4.2, 6-5.2, 6-6.2, 6-7.2, 6-8.2, 6-10.3, and
13-8.
6-2.2
Director
43.22
CA-26, Draft 3
Adams
Deletes requirement that director of department of
public works be a registered professional engineer.
Adds qualification that director shall have bachelor's
degree and that experience and degree shall relate to
powers, duties and functions of the department.
(4/25/19)
Status: Amended to Draft 3 and passed lst reading.
(4/25/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
6-4.3
Qualifications
31.1
CA-14 Adams
Updates language in secs. 6-4.3 and 6-4.4 per request
of Director of Dept of Information Technology.
(1/28/19)
Status: Passed 1st reading. (3/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
3
Section
Section Name
om
C Nom'
Proposal No.
Notes
6-4.4
Powers, Duties and Functions
31.1
CA -14 Adams
Updates language in secs. 6-4.3 and 6-4.4 per request
of Director of Dept of Information Technology.
(1/28/19)
Status: Passed 1st reading. (3/8/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
32.1
CA -15 Adams
Adds prosecuting attorney and police department to
list of data processing systems exempted from
operation and oversight by the director of information
technology. (1/28/19)
Status: Passed 1st reading. (3/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
6-5.2
Appointment and Removal
1.9
Corporation Counsel Kamelamela proposal relating to
minimum qualifications of Corporation Counsel.
(10/26/18)
40.1
CA -23 Adams
Adds minimum qualifications for the Corporation
Counsel, including that such person shall have been
licensed for at least 5 years preceding appointment
and shall have at least 3 years of responsible
administrative experience. (2/25/19)
Status: Passed 1st reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
6-5.3
Powers, Duties and Functions
1.8
Re. Corporation Counsel. Opinion relating to
representation of Administration and Council and any
potential conflict arising from this. (10/1/18)
4
Section
Section Name
Comm
Proposal No.
Notes
6-7.2
Planning Director
27
CA -11 Rice
Re. Planning Director qualifications (1/10/19)
Status: Withdrawn by introducer.
6-7.3(c)
Windward Planning Commission
7.5
Windward Planning Commission Chairperson Clarkson
proposal to delete last sentence of (c) relating to ex -
officio members. (10/2/18)
6-7.5(b)
Duties and Functions of the
Windward and Leeward
Planning Commissions
7.5
Windward Planning Commission Chairperson Clarkson
proposal to delete last sentence of (b) relating to rules
of practice and procedure. (10/2/18)
42.1
CA -25 Adams
Deletes transitional provisions contained in last
sentence of (b) relating to rules of practice and
procedure. (2/25/19)
Status: Passed 1st reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
6-7.6
Transitional Provisions
7.5
Windward Planning Commission Chairperson Clarkson
proposal to delete transitional provisions section.
(10/2/18)
42.1
CA -25 Adams
Deletes transitional provisions contained in sec. 6-7.6
(2/25/19)
Status: Passed lst reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
5
Section
Section Name
Comm.
No.
Proposal No.
Notes
6-8.3
Powers, Duties and Functions
18.2
CA -4, Draft 2
Galimba
Amends powers, duties and functions of director of
Research and Development to include collaboration
with Federal and State agencies and the private sector
to enhance the County's environmental, cultural,
community and economic sustainability and resilience
and remove outdated provisions regarding Federal and
State grant programs. (10/30/18)
Status: Passed 1st reading. (1/25/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
6-9.3
Game Management Advisory
Commission
5.1
Commission Analyst Henricks - Legislative history
relating to sec. 6-9.3 relating to Game Management
Advisory Commission. (10/1/18)
13.2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed lst reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
6-10.2
Statement of Policy
1.6
Dept of Environmental Management. Director
Kucharski's proposal to add "and regulating" to policy
statement. (9/28/18)
6-10.4
Powers, Duties and Functions
1.6
Dept of Environmental Management. Director
Kucharski's proposal to add "and enforce" to powers,
duties and functions. (9/28/18)
6
Section
Section Name
Comm.
No.
Proposal No.
Notes
6-10.5
Environmental Management
Commission
13.2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed 1st reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
New
Statement of policy
8
Council Member O'Hara's proposals - would add new
Statement of Policy and number this section 7-2.2.
(9/21/18)
7-2.2
Police Commission
8
Re. Police Department. Council Member O'Hara's
proposals - would amend and renumber this section to
7-2.3. (9/21/18)
13.2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed lst reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
7-2.3
Chief of Police and Deputy
8
Council Member O'Hara's proposals - would renumber
this section to 7-2.4. (9/21/18)
20.2
CA -6 Saquing
Would authorize Police Commission to discipline the
Chief of Police. (10/30/18)
Status: Passed 1st reading. (1/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
7
Section
Section Name
Comm.
Proposal No.
Notes
7-2.4 to
7-2.7 &
New
Article
Powers, duties, and Functions of
the Chief of Police;
Dismissal, Suspension, Demotion
or Grievance;
Administrative Supervision; and
Independent Police Auditor
8
Council Member O'Hara's proposals - would amend
sec. 7-2.4 relating to Powers, Duties, and Functions of
the Chief of Police and renumber it to 7-2.5; renumber
7-2.6 and 7-2.7, and insert new article relating to office
of the independent police auditor. (9/21/18)
7-3.2
Liquor Commission
13.2
CA-1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed 1st reading. (11/9/18)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
7-4.1
Organization
7.1
Fire Commission Chairperson Becker proposal to
remove "a fire commission" from this section.
(9/12/18)
7-4.2
Statement of Policy
41.4
CA-24, Draft 2
Adams
Adds "water safety" to duties and functions of the fire
department. (2/25/19)
Status: Amended to Draft 2 and passed 1st reading.
(4/25/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
8
Section
Section Name
Comm.
No.
Proposal No.
Notes
7-4.3(a)
Fire Chief
1.7
1.7.1
Corporation Counsel opinion relating to Fire
Commission and Mayor's authority to discipline Fire
Chief and Fire Dept personnel. Proposed language to
amend sec. 7-4.3(a). (9/28/18)
1.11
Fire Commission comments relating to fire chief
qualifications. (12/31/18)
7.1
Fire Commission Chairperson Becker proposal to add
language to this section. (9/12/18)
20.2
CA -6 Saquing
Proposed amendment to authorize Fire Commission to
discipline Fire Chief. (10/30/18)
Status: Passed 1st reading. (1/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
7-4.3(b)
& (c)
Fire Chief
1.10
Fire Chief Rosario comments relating to fire chief
qualifications. (11/30/18)
1.11
Fire Commission comments. (12/31/18)
41.4
CA -24, Draft 2
Adams
Adds requirement that Fire Chief possess education
and experience equivalent to bachelor's degree.
Provides that Fire Commission may waive residency
requirements for during Fire Chief selection process.
(4/25/19)
Status: Amended to Draft 2 and passed lst reading.
(4/25/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
9
Section
Section Name
Comm.
Proposal No.
Notes
7-4.4
Powers, Duties and Functions
41.4
CA -24, Draft 2
Adams
Adds "water safety" to the duties and functions of the
department. (2/25/19)
Status: Amended to Draft 2 and passed 1st reading.
(4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
7-4.5
Fire Commission
13.2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed lst reading. (11/9/18)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
7-4.6
Powers, Duties and Functions
7.1
Fire Commission Chairperson Becker proposal to
amend this section. (9/12/18)
41.4
CA -24, Draft 2
Adams
Amends powers, duties and functions of the Fire
Commission. (4/25/19)
Status: Amended to Draft 2 and passed 1st reading.
(4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
8-1 to
8-5
Article VIII. Dept of Water
Supply
7.4
Env'I Mgmt Commission, Chairperson Bennett
proposals to create new Dept of Water Sustainability
and move all DWS provisions and DEM water related
provisions into this Dept.
7-4.1
Dept of Water Supply's response to Comm 7.4.
(10/5/18)
10
Section
Section Name
Comm.
Proposal No.
Notes
8-2
Water Board
8
Council Member O'Hara's proposal - would require
Water Board to conduct annual reviews of future
water needs and plan to meet needs. (9/21/18)
13.2
CA -1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed 1st reading. (11/9/18)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
10-6(a)
Capital Budget and Capital
Program: Scope; Council Action
47 1
CA -29, Draft 2
Galimba
Adds language that would prioritize capital
improvements based on criteria aligned with General
Plan, Community Development Plans, emergency
expenditures, and other pertinent functional plans.
(4/12/19)
Status: Passed 1st reading. (5/10/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
Continued on following page
11
Section
Section Name
CNmom
Proposal No.
Notes
10-15
Public Access, Open Space, andGalimba
Natural Resources Preservation
Fund
3.1.1
Charter Commission's Ad Hoc Committee's Report.
(10/1/18) Closed and filed. (11/9/18)
7.6
Public Access, Open Space and Natural Resources
Preservation Commission Chairperson Tomich's
proposals. (10/11/18)
21.55
CA-7, Draft 2
Hamano
Proposes replacement language. (10/30/18)
Status: Failed to pass 1st reading. (2/8/19)
24.92
CA-9, Draft 3
Proposes adding requirement that PONC monies be
used to fund staff person to administer section 10-15.
(11/30/18)
Status: Passed 1st reading. (2/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
33
CA-16
Leithead Todd
Repeals and replaces secs. 10-15 and 10-16 to
streamline language and allow funds to be used for
personnel purposes. Results in new sec. 10-15.
(1/29/19)
Status: Failed for lack of motion. (2/8/19)
44.10
CA 27, Draft 2
Roehrig
Adds language relating to acquisition of easements and
provides that County may exercise eminent domain to
acquire properties and easements using the PONC
fund. (2/27/19)
Status: Failed to pass 1st reading. (4/25/19)
12
Section
Section Name
Commo
Proposal No.
Notes
10-16
Public Access, Open Space, and
Natural Resources Preservation
Maintenance Fund
3.1.1
Charter Commission's Ad Hoc Committee's Report.
(10/1/18) Closed and filed. (11/9/18)
7.6
Public Access, Open Space and Natural Resources
Preservation Commission Chairperson Tomich's
proposals. (10/11/18)
21.55
CA -7, Draft 2
Hamano
Proposes replacement language. (10/30/18)
Status: Failed to pass lst reading. (2/8/19)
33
CA -16
Leithead Todd
Repeals and replaces secs. 10-15 and 10-16 to
streamline language and allow funds to be used for
personnel purposes. Results in new sec. 10-15.
(1/29/19)
Status: Failed for lack of motion. (2/8/19)
35.19
CA -18, Draft 2
Rice
Transfers administration to Finance Dept. and adds
permissible uses of the fund. (3/11/19)
Status: Passed lst reading. (4/25/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
10- —
Use of Special Funds in Time of
Declared Emergency
29
CA -13,
Leithead Todd
Proposes amendment to Article X by adding new
section to permit Mayor to use special fund monies
during time of declared emergency. (1/14/19)
Status: Withdrawn by introducer.
13
Section
Section Name
om
C Nom.
Proposal No.
Notes
10 -
Disaster and Emergency Fund
34.2
CA -17
Leithead Todd
Proposes amendment to Article X by adding new
section that establishes a Disaster and Emergency
Fund. (1/29/19)
Status: Passed 1st reading. (3/8/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
10
Prohibition on Minimum Real
Property Tax
36
CA 19 Hopkins
Proposes amendment to Article X by adding new
section prohibiting the establishment of a minimum
real property tax. (2/7/19)
Status: Failed to obtain initial approval. (4/25/19)
11-5(c)
Initiative and Referendum
Petitions: Forms and Sufficiency
38.1
CA -21 Adams
Corrects error in 11-5(c)(1), to read as follows:
"Proposes, or requests [appeal] repeal of, an ordinance
not subject to the powers of initiative or referendum."
(2/25/19)
Status: Passed 1st reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
12-1.3
Signatures
10.1
Elections Program Administrator Nakamoto reply to
questions relating to Article XII relating to recall of
elected officers. Proposes removing requirement to
include part of social security number. (12/5/18)
39.1
CA -22 Adams
Pursuant to communication 10.1, removes requirement
that signers of a recall petition must include the last
four digits of their social security number on recall
petitions. (2/25/19)
Status: Passed lst reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
14
Section
Section Name
Comm.
Proposal No.
Notes
13-1(f)
Definitions ("Vacancy")
11.1
Commission Attorney Yoshimoto opinion relating to
section 13-1(f). (12/4/18)
13-4
Boards and Commissions
45.2
CA-28
Galimba
Removes language providing that membership of
boards and commissions may not contain more than a
bare majority of persons belonging to the same
political party. (4/3/19)
Status: Passed 1st reading. (5/10/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
49
CA-31 Adams
Proposes revisions to provisions relating to nomination
and confirmation of members of boards and
commissions established by the Charter.
Status: Failed to obtain initial approval. (4/25/19)
13-28
Compensation; Salary
Commission
7.2
Salary Commission Chairperson Ono concerns relating
to ord. 18-30 - salary commission's approval process.
(9/19/18)
25
CA-10 Hopkins
Proposes requiring that salary adjustments approved
by the salary commission shall be approved by the
council and mayor. (12/4/18)
Status: Failed to obtain initial approval. (12/14/18)
13.2
CA-1, Draft 3
Adams
Proposed correction to wording of section. (10/2/18)
Status: Passed 1st reading. (11/9/18)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
15
Section
Section Name
Comm.
Proposal No.
Notes
14-5
Board of Ethics
48
CA-30 Adams
Proposal would stagger board members' terms, clarify
that board's rules of procedure would have the force
and effect of law with respect to enforcement,
authorize board to transmit formal opinions, and
authorize the board to impose civil fines for violations
of the code of ethics.
Status: Passed lst reading. (5/10/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
15-3
Mandatory Charter Reviews
37.1
CA-20
Adds protocol and procedures for the Charter
Commission, including the date by which the
Commission must be empaneled. (2/25/19)
Status: Passed lst reading. (4/25/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
45.2
CA-28
Removes language providing that membership of
boards and commissions may not contain more than a
bare majority of persons belonging to the same
political party. (4/3/19)
Status: Passed 1st reading. (5/10/19)
Next step: On 6/7/19 Agenda - 1st reading report &
2nd and final reading.
16-
Transitional Provisions for
Change to Four Year Council
Terms: Effect on Incumbent
Council Members
23 5
CA-8, Draft 2
Rice
Creates transitional provisions for incumbent council
members to make proposed change to four year
council terms possible. (1/24/19)
Status: Passed lst reading. (2/8/19)
Next step: On 6/7/19 Agenda - lst reading report &
2nd and final reading.
16
OSection
, Section Name
C
Nom.
Proposal No.
Notes
New
Sections
Climate Change and Resiliency
Commission and
Greenhouse Gas Emissions;
Reporting and Reduction.
17
CA -3 Galimba
1. Creates climate change and resiliency commission.
2. Requires directors or heads of county departments,
agencies, or offices to provide annual report to
newly formed climate change and resiliency
commission. (10/30/18)
Status: Failed to obtain initial approval. (12/14/18)
17