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HomeMy WebLinkAboutSalary Commission RulesSALARY COMMISSION COUNTY OF HAWAII TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION TABLE OF CONTENTS Chapter 200 GENERAL APPLICABILITY PAGE NO. §200-1 Authority.......................................................... 200-1 §200-2 Construction of rules .......................................... 200-1 §200-3 Procedure and terms ........................................ 200-1 §200-4 Definitions........................................................ 200-2 §200-5 The Commission ................................................ 200-3 §200-6 Delegation of administrative duties .................... 200-7 §200-7 Public records .................................................. 200-7 Chapter 201 PROCEEDINGS BEFORE THE AGENCY §201-1 Initiation of rulemaking proceedings ................... General........................................................... 201-1 §201-2 202-2 Appearances and practices before the agency . 201-1 §201-3 §202-4 Disqualification of Commission member or 202-3 §202-5 Filing of rules ...................................................... hearing officer ................................................ 201-2 §201-4 202-4 Consolidation................................................... 201-3 §201-5 Retention of documents .................................... 201-3 §201-6 Commission decision ......................................... 201-3 Chapter 202 RULES APPLICABLE TO RULEMAKING PROCEDURES §202-1 Initiation of rulemaking proceedings ................... 202-1 §202-2 Notice of public hearing .................................... 202-2 §202-3 Conduct of hearing ........................................... 202-3 §202-4 Commission action ............................................ 202-3 §202-5 Filing of rules ...................................................... 202-4 §202-6 Taking effect of rules .......................................... 202-4 §202-7 Publication of rules ............................................ 202-4 Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS PAGE NO. §203-1 Petitions for declaratory rulings ..................................... 203-1 §203-2 Request for hearing ...................................................... 203-2 §203-3 Applicability of order ................................................... 203-2 §203-4 Declaratory ruling on Commission's own motion ............. 203-2 §203-5 Refusal to issue declaratory order ................................. 203-2 Chapter 204 RULES APPLICABLE TO SALARY ADJUSTMENTS §204-1 Procedure for Salary Adjustment Proposals .................... 204-1 §204-2 Notice to Public.......................................................... 204-1 §204-3 Public Hearing............................................................ 204-2 §204-4 Adoption of Salary Adjustment Proposals ...................... 204-2 SALARY COMMISSION TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION CHAPTER 200 GENERAL APPLICABILITY §200-1 Authority §200-2 Construction of rules §200-3 Procedure and terms §200-4 Definitions §200-5 The Commission §200-6 Delegation of administrative duties §200-7 Public records §200-1 Authority. These rules govern practice and procedure before the Salary Commission of the County of Hawaii under the County Charter (as amended), and Hawaii Revised Statutes, Chapters 91 and 92 (as amended). [Eff. 10-20-02] §200-2 Construction of rules. The rules shall be liberally construed as to secure the just, speedy, and inexpensive determination of every proceeding. [Eff. 10-20-02] §200-3 Procedure and terms. (a) Statutory terms. The terms used in rules promulgated by the Commission pursuant to powers granted by statute shall have the meaning defined by such statute, unless the context otherwise specifically requires. (b) Terms defined by rule. A rule that defines a term without express reference to the statute or to these rules or to a portion thereof, defines such terms for all purposes as used both in the statute and in these rules, unless the context otherwise specifically requires. (c) Use of number and gender. Words importing the singular number may extend and be applied to several persons or things; words importing the plural may include the singular; and words importing the masculine gender may be applied to females. [Eff. 10-20-02] 200-1 §200-4 Definitions. (a) Agency. The term "Agency" means each county board, Commission, department, or officer, except those in the legislative branch. (b) Chairperson. The term "Chairperson" means the Chairperson of the Commission. (c) Charter. The term "Charter" means the Charter of the County of Hawai'i (as amended). (d) Commission. The term "Commission" means the Hawaii County Salary Commission. (e) Council. The term "Council" means the County Council of the County of Hawaii. (f) Hearing. The term "Hearing" means any proceeding governed by the Commission. (g) HRS. Refers to the Hawaii Revised Statutes (as amended). (h) Meeting. The term "Meeting" means the convening of the Commission for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the Commission has supervision, control, jurisdiction, or advisory power. (i) Party. The term "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in a proceeding. (j) Person. The term "Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than governmental agencies. (k) Presiding officer. The term "Presiding officer," with respect to proceedings, means the Chairperson, and includes any member of the Commission designated as such, or such other persons authorized by law to conduct hearings. (1) Proceedings. The term "Proceedings" means the Commission's elucidation of the relevant facts and applicable law, consideration thereof, and action thereupon with respect to a particular subject within the Commission's jurisdiction, initiated by a filing or submittal or request or a Commission's notice or order. It shall include proceedings involving the adoption, amendment, or 200-2 repeal of any rule of the Commission, whether initiated by Commission order or notice, or by petition of an interested person. [Eff. 10-20-02] §200-5 The Commission. (a) Office. The office of the Commission is located in the County's Department of Human Resources in Hilo, Hawaii. All communications to the Commission shall be addressed to the Hawaii County Salary Commission, c/o The Director of Human Resources, County of Hawaii, Aupuni Center, 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720, unless otherwise specifically directed. (b) Election of Officers. The Commission shall elect a chairperson and a vice chairperson from its membership annually. The chairperson shall be the presiding officer of the Commission. The vice chairperson shall serve as the presiding officer during the temporary absence, illness, or disqualification of the chairperson. In the absence of the chairperson and the vice chairperson, the Commission shall elect a chairperson pro tempore, who shall preside at the meeting. (c) Meetings. The Commission shall meet in the Council Chambers, Hawaii County Building, or such other public place as the Commission may designate. (1) Open meetings. All meetings of the Commission, except executive meetings, shall be open to the public. (2) Executive meetings. The Commission may hold an executive meeting, closed to the public, upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the Commission is entitled. The vote of each member on the question of holding a meeting closed to the public and the reason for holding such a meeting shall be recorded and entered into the minutes of the meeting. A meeting closed to the public may be held only for one or more of the following purposes: (A) To consult with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities; (B) For any other specific purpose permitted under HRS § 92-5 (as amended). (3) Chance meetings. The rules governing meetings shall not apply to any chance meeting, as defined under HRS§ 92-2, at which matters relating to official business are not discussed. No chance meeting or 200-3 electronic communication shall be used to circumvent the spirit or requirements of the meetings provisions to make a decision or to deliberate toward a decision upon a matter over which the Commission has supervision, control, jurisdiction, or advisory power. (4) Regular meetings. The Commission shall meet at least annually, pursuant to the Hawaii County Charter. (5) Special meetings. Special meetings of the Commission for the transaction of its business may be held at any time and place as scheduled by the Commission and notice is provided in accordance with HRS § 92-7 (as amended). (6) Emergency meetings. If the Commission finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in Rule 200-5b(7), the Commission may hold an emergency meeting, provided that: (A) the Commission states in writing the reasons for its findings; (B) two-thirds of all members to which the Commission is entitled agree that the findings are correct and an emergency exists; (C) an emergency agenda and the findings are electronically posted pursuant to Rule 200-5(b) (7); provided that the six calendar day requirement for filing and electronic posting shall not apply; and (D) persons requesting notification on a regular basis are contacted by postal or electronic mail or telephone as soon as practicable. (7) Notice. (A) The Commission shall give written public notice of any regular, special, emergency, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda that lists all of the items to be considered at the forthcoming meeting, the date, time, and place of the meeting, and in the case of an executive meeting, the purpose shall be stated. (B) The Commission shall post a copy of the notice on the County's website and in the Commission's office for public inspection no less than six calendar days prior to the meeting. A copy of the notice r11 shall also be provided to the Office of the County Clerk at the time the notice is posted. The notice shall also be posted at the site of the meeting whenever feasible. The Commission shall not add items to the agenda, once filed, without a two-thirds recorded vote of all members to which the Commission is entitled; provided that no item shall be added to the agenda in the manner provided herein, if it is of reasonably major importance and action thereon by the Commission will affect a significant number of persons. (C) The Commission shall maintain a list of names and postal or electronic mail addresses of persons who request notification of meetings and shall mail or electronically mail a copy of the notice to such persons by the means chosen by such persons at their last recorded postal or electronic mail address no later than the time the agenda is required to be electronically posted under subsection (B). (8) Construction. The provisions requiring open meetings shall be liberally construed and the provisions providing for exceptions to open meeting requirements shall be strictly construed against closed meetings. (d) Hearings. All parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall include a statement of: (1) The date, time, place, and nature of the hearing; (2) The legal authority under which the hearing is to be held; (3) The particular sections of the statutes and rules involved; (4) An explicit statement in plain language of the issues involved and the facts alleged by the Commission in support thereof; provided, that if the Commission is unable to state such issues and facts in detail at the item the notice is served, the initial notice may be limited to a statement of the issues involved; and (5) The fact that any party may retain counsel if he so desires. (e) Quorum and number of votes necessary to validate acts. A majority of all members to which the Commission is entitled shall constitute a quorum to transact business, and the concurrence of a majority of all members to which the Commission is entitled shall be necessary to make valid any action of the Commission. 200-5 (f) Minutes. The Commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed and the views of the participants. The minutes shall include, but need not be limited to: (1) The date, time, and place of the meeting; (2) The members of the Commission recorded as either present or absent; (3) The substance of all matters proposed, discussed, or decided; and a record, by individual member, or any votes taken; and (4) Any other information that any member of the Commission requests be included or reflected in the minutes. The minutes shall be made available to the public by posting on the Department of Human Resources' website within forty days after the meeting except where such disclosure would be inconsistent with HRS § 92-5, or Hawaii County Charter § 13-20; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. A written summary shall accompany any minutes that are posted in a digital or analog recording format and shall include: (a) The date, time, and place of the meeting; (b) The members of the Commission recorded as either present or absent, and the times when individual members entered or left the meeting; (c) A record, by individual member, of motions and votes made by the Commission; and (d) A time stamp or other reference indicating when in the recording the Commission began discussion of each agenda item and when motions and votes were made by the Commission. (g) Administration. (1) Chairperson. The Chairperson of the Commission shall be responsible for the administration functions of the Commission. (2) Authentication of the Commission action. All decisions, orders, and other actions of the Commission shall be authenticated or signed by the Chairperson, or upon delegation by the Chairperson by any other 200-6 member of the Commission. Official copies of decisions, orders, and other Commission actions may be promulgated under the signature of the Chairperson of the Commission or his delegation. (h) Submittals and requests. All documents required to be filed with the Commission shall be filed in the office of the Commission within such time limits as prescribed by laws, rules of the Commission, or orders of the Commission. Requests for public information, copies of official documents, or opportunity to inspect public records may be made in writing to the Commission's office or in person at said office. (i) Parliamentary practice. The rules of parliamentary authority, where not inconsistent with the rules adopted by the Commission, shall be Robert's Rules of Order Revised. [Eff. 10-20-02] §200-6 Delegation of administrative duties. (a) General. The Commission may delegate to any competent and qualified individual such power or authority vested in the Commission as it deems reasonable and proper for the effective administration of the Commission except the power to make, amend, or repeal rules and its duties under the Hawai'i County Charter (as amended). (b) Hearing officer. The Commission may, by written resolution adopted by a majority of the members to which it is entitled, appoint a competent and qualified disinterested person to act as its hearings officer. The hearing officer shall hear the matter in the same manner as if it were before the Commission and, upon the conclusion of the hearing, shall transmit to the Commission a record of the hearing, including a recording or transcript and a summary of evidence taken at said hearing. After review of the testimony and evidence, a majority of the members to which the Commission is entitled shall render a decision in accordance with Hawaii Revised Statutes, Section 91 -1 1. [Eff. 10-20-02] §200-7 Public Records. (a) Commission Records. Commission records that are "government records," as defined in HRS chapter 92F ("Uniform Information Practices Act"), as amended, shall be disclosed according to the provisions of that chapter. All such records will be available for inspection in the office of the Commission during County business hours from 7:45 a.m. to 4:30 p.m. 200-7 (b) Copies of public records. Public records printed or reproduced by the Commission shall be given to any person requesting the same and paying the fees established by the County pursuant to law. 111 SALARY COMMISSION TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION CHAPTER 201 PROCEEDINGS BEFORE THE AGENCY §201-1 General §201-2 Appearances and practices before the agency §201-3 Disqualification of Commission member or hearing officer §201-4 Consolidation §201-5 Retention of documents §201-6 Commission decision §201-1 General. The Commission may, on its own motion or upon the petition of any interested person or agency of the Federal, State, or County government, hold such proceedings as it may deem necessary in the performance of its duties or the formulation of its rules and regulations. Procedures to be followed by the Commission shall, unless specifically prescribed in these Rules or by the Hawaii Administrative Procedure Act or by any other statute, be such as in the opinion of the Commission will best serve the purpose of such proceeding. [Eff. 10-20-02] §201-2 Appearances and practices before the agency. (a) Representation. In any proceeding under these rules, any party may be represented by counsel or any other person to whom the party has given written or verbal authority. (b) Validation of authority. When an individual acting in a representative capacity appears in person or signs a paper in practice before the Commission, that person's personal appearance or signature shall constitute a representation to the Commission that, under the provisions of these rules and the law, the person is authorized and qualified to represent the particular person on whose behalf the representative acts. The Commission may at any time require any person transacting business with the Commission in a representative capacity to show that person's authority and qualification to act in such a capacity. 201-1 (c) Bar to appearance. (1) Former Commission association. No individual who has been associated with the Commission as a member, officer, employee, or counsel shall be permitted to appear before the Commission on behalf of or to represent in any manner any party in connection with any proceeding or matter that such individual has handled or passed upon while associated in any capacity with the Commission. (2) Limitations of assistance from barred persons. No person or agency appearing before the Commission in any proceeding or matter shall, in relation thereto, knowingly accept assistance from and compensate any individual who would be barred by Rule 201-2(c). (3) Written consent to appear. No person who has been associated with the Commission as a member, officer, employee, or counsel thereof shall be permitted to appear before the Commission on behalf of, or to represent in any manner, any person, agency, or the Council in connection with any proceeding or matter that was pending before the Commission at the time of that person's association, unless the person shall first have obtained the written consent of the Commission, upon a verified showing that the person did not give personal consideration to the matter or proceeding as to which consent is sought or gain particular knowledge of the facts thereof during the person's association with the Commission. (4) One year limitation. This subsection shall not apply to any individual or agency whose association with the Commission has been terminated for a period of one year. [Eff. 10-20-02] §201-3 Disqualification of Commission member or hearing officer. Any party to a hearing may, up to five days before the proceeding, file an affidavit that one or more of the members or a hearing officer has a personal bias or prejudice. The member against whom the affidavit is so filed may answer the affidavit or may file a disqualifying certificate with the Commission. If the member or hearing officer chooses to answer the affidavit, the remaining members shall decide by a majority of all the members to which the Commission is entitled whether that member or hearing officer should be disqualified from proceeding therein. Every such affidavit shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed at least five days before the hearing, or good cause shall be shown for the failure to file it within such time. Any Commission member or hearing officer may disqualify himself by filing with the Chairperson a certificate that he deems himself unable for any reason to preside with impartiality in the pending hearing. [Eff. 10-20-02] 201-2 §201-4 Consolidation. The Commission, upon its own initiative or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings that involve substantially the same parties, or issues that are the same or closely related, if it finds that such consolidation or contemporaneous hearing will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings. [Eff. 10-20-02] §201-5 Retention of documents. All documents filed with or presented to the Commission shall be retained in the files of the Commission. The Commission may permit the withdrawal of original documents upon submission of properly authenticated copies to replace such documents. [Eff. 10-20-02] §201-6 Commission decision. All final orders, opinions, or rulings entered by the Commission in the proceeding and rules promulgated by the Commission shall be served upon the parties participating in the proceeding by regular mail or personal delivery by the Commission. Copies of such material shall be available for public inspection in the office of the Commission or may be obtained upon request and upon payment of reasonable fees, if any. [Eff. 10-20-02] 201-3 SALARY COMMISSION TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION CHAPTER 202 RULES APPLICABLE TO RULEMAKING PROCEDURES §202-1 Initiation of rulemaking proceedings §202-2 Notice of public hearing §202-3 Conduct of hearing §202-4 Commission action §202-5 Filing of rules §202-6 Taking effect of rules §202-7 Publication of rules §202-1 Initiation of rulemaking procedures. (a) Motion by Commission. The Commission may, at any time on its own motion, initiate proceedings for the adoption, amendment, or repeal of any rule of the Commission. Procedures to be followed in rulemaking shall be as set forth herein and the applicable statutes. (b) Petition by person or agency. Any interested person may petition the Commission requesting the adoption, amendment, or repeal of any rule of the Commission. Such petitions shall be filed with the Commission. (1) Form and content. Petition for rulemaking shall contain the following information: (A) Name, address, and telephone number, if available, and signature of the petitioner; (B) A draft or the substance of the proposed rule or amendment or a designation of the provisions, the repeal of which is desired; and (C) A statement of the reasons in support of the proposed rule, amendment, or repeal. 202-1 (2) Commission action. The Commission shall, within thirty days after the filing of a petition for rulemaking, either deny the petition in writing, stating its reasons for the denial, or initiate public rulemaking proceedings in accordance with HRS § 91-3. (3) Denial of petition. Any petition that fails in material respect to comply with the requirements herein or that fails to disclose sufficient reasons to justify the institution of rulemaking proceedings shall be denied by the Commission. The Commission shall notify the petitioner in writing of such denial, stating the reasons therefor. Denial of a petition shall not operate to prevent the Commission from acting, on its own motion, on any matter disclosed in the petition. Petitioner may seek a review of said denial through the circuit court pursuant to the Administrative Procedure Act and applicable rules of court and statutes. (4) Acceptance of petition. If the Commission determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking proceedings, the Commission shall conduct rulemaking proceedings as set forth in Rules 202-2 through 202-8 herein and the applicable statutes. [] §202-2 Notice of public hearing. (a) Publication and mailing. When, pursuant to a petition therefor or upon its own motion, the Commission proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in at least two newspapers of general circulation in the County and such notice shall also be mailed to all persons who have made timely written requests for advance notice of the Commission's rule making proceedings. All such notices shall be published at least thirty days prior to the date set for the public hearing. (b) Form. A notice of the proposed adoption, amendment, or repeal of a rule shall include: (1) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; and (2) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved; and (3) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be 202-2 mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made; and (4) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person. §202-3 Conduct of hearin (a) Presiding officer. The public hearing for the adoption, amendment, or repeal of rules shall be held before the Commission and presided over by the Chairperson of the Commission or in his absence, by another member designated by the Commission. The presiding officer shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing. b) Order of proceeding. At the commencement of the hearing, the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Testimony, oral or written, shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding officer shall prescribe. (c) Oral and written presentation. All interested persons will be afforded an opportunity to submit data, views, or arguments, orally or in writing, that are relevant to the matters specified in the notice of hearing. An original and nine copies are requested when submitting written comments, recommendations, or replies. (d) Transcript of the evidence. Unless otherwise specifically ordered by the Commission, testimony given at the public hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall be received in evidence and made a part of the record. [Eff.l 0-20-02] §202-4 Commission action. The Commission shall fully consider all written and oral submissions and materials of record before taking final action in a rulemaking proceeding. The Commission may make its decision at the public hearing or announce then the date when it intends to make its decision. Upon 202-3 adoption, amendment, or repeal of a rule, the Commission, if requested to do so by an interested person, shall issue a concise statement of the principal reasons for and against its determination. §202-5 Filing of rules. The Commission, upon adopting, amending, or repealing a rule and upon approval by the Mayor, shall file certified copies thereof with the County Clerk. §202-6 Taking effect of rules. Each rule adopted, amended, or repealed shall become effective ten days after filing with the County Clerk. If a later effective date is required by statute or specified in rule, the later date shall be the effective date; provided that no rule shall specify an effective date in excess of thirty days after the filing of the rule with the County Clerk. An emergency rule shall become effective upon filing with the County Clerk for a period not exceeding one -hundred twenty days without renewal unless extended in compliance with HRS § 91-3(b). §202-7 Publication of rules. The Commission shall compile, index, and publish all rules adopted by the Commission and remaining in effect. Compilations shall be supplemental as often as necessary and shall be revised at least once every ten years. 202-4 SALARY COMMISSION TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION CHAPTER 203 RULES APPLICABLE TO DECLARATORY RULINGS §203-1 Petitions for declaratory rulings §203-2 Request for hearing §203-3 Applicability of order §203-4 Declaratory ruling on Commission's own motion §203-5 Refusal to issue declaratory order §203-1 Petitions for declaratory rulings. Any interested person may petition the Commission for a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Commission. (a) Form and contents. The petition shall contain the name, address, and telephone number of each petitioner; the signature of each petitioner; a designation of the specific provision, rule, or order in question, together with a statement of the controversy or uncertainty involved; a statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition; a statement of the petitioner's position or contention; and a memorandum of authorities, containing a full discussion of reasons and legal authorities, in support of such position or contention. (b) Commission action. Within sixty days after the submission of a petition for declaratory ruling, the Commission shall either deny the petition in writing, stating the reasons for such denial or issue a declaratory order on the matters contained in the petition, or set the matter for hearing, as provided in 203-2; provided, however, that if the matter is set for hearing, the Commission shall render its findings and decisions within sixty days after the close of the hearing. (c) Dismissal of petition. The Commission may, without notice or hearing, dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of this part. [Eff. 10-20-02] 203-1 §203-2 Request for hearing. Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing will be granted to the petitioner or to a party in interest, the Commission may in its discretion order such proceeding set down for hearing. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall set forth in detail in his request the reasons why the matters alleged in the petition, together with supporting affidavits or other written evidence and briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition of the petition and, to the extent that such request for a hearing is dependent upon factual assertion, shall accompany such request by affidavit establishing such facts. In the event a hearing is ordered by the Commission, Hawaii Revised Statutes, Section 91-9, shall govern the proceedings. [Eff. 10-20-02] §203-3 Applicability of order. An order disposing of a petition shall be applicable only to the factual situation described in the petition or set forth in the order. [Eff.10-20-02] §203-4 Declaratory ruling on Commission's own motion. Notwithstanding the other provisions of this part, the Commission may, on its own motion or upon request but without notice of hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. [Eff. 10-20-02] §203-5 Refusal to issue declaratory order. The Commission may, for good cause, refuse to issue a declaratory order with specific reasons for such determination. Without limiting the generality of the foregoing, the Commission may so refuse where: (a) the question is speculative or purely hypothetical and does not involve existing facts, or facts that can be expected to exist in the near future; (b) the petitioner's interest is not of the type that would give him standing to maintain an action if he were to seek judicial relief; (c ) the issuance of the declaratory order may adversely affect the interests of the County, the Commission or any of their officers or employees in any litigation that is pending or may reasonably be expected to arise; or (d) the matter is not within the jurisdiction of the Commission. 203-2 SALARY COMMISSION TITLE IV - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION CHAPTER 204 RULES APPLICABLE TO SALARY ADJUSTMENTS §204-1 Procedure for Salary Adjustment Proposals §204-2 Notice to Public §204-3 Public Hearing §204-4 Adoption of Salary Adjustment Proposals §204-1 Procedure for salary adjustment proposals. The Commission shall review and compensate all county elected officials and appointed directors and deputy directors so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. All salary adjustment proposals shall be determined in accordance with a plan adopted by the Commission (as amended), which shall include, at a minimum, consultation with those boards and commissions that have appointing authority for department heads. §204-2 Notice to public. At least thirty days prior to the Commission's approval of any of its salary adjustment proposals, the Commission shall: (a) Publish at least once in at least two daily newspapers of general circulation in the county a detailed account of its proposal, or proposals, including specific increases or decreases in both actual dollar amounts and percentages and notification that the report required in subsection (c) below is available for public inspection at the offices of the county clerk and the mayor; (b) Hold at least one public hearing in either east Hawai'i or west Hawai'i, provided that any public hearing shall be conducted using video conference technology to allow for public participation from both east and west Hawai'i; and (c) Submit copies of a detailed report of the Commission's findings and conclusions used to develop its proposal, or proposals, to the office of the county clerk and the office of the mayor for public inspection. 204-1 §204-3 Public hearing. The public hearing required to be held by the Commission on its salary adjustment proposals shall be conducted in accordance with section 202-3 above. §204-4 Adoption of salary adjustment proposals. Subsequent to the public hearing and submission of the Commission's report to the county clerk and mayor, the Commission may adopt its salary adjustment proposals at a public meeting; provided, however, any adjustment that increases or decreases any salary by more than ten percent shall require an affirmative vote of two-thirds of the entire membership of the Commission. 204-2 Dated this 14th day of March , 2019. te By George W. Campbell, Chair DATE OF PUBLIC HEARING: March 7, 2019 APPROVED: y .J, r MAR142019 f i` Harry Ki ,.Ma .r Date APPROVED AS TO FORM AND LEGAL TY: elv;, 14 I Z OI/ CORPORCOUNSEL Date I hereby certify that the forgoing rule was received and filed in my office this 22nd day of March , 2019. CUMCUMNIE RK