HomeMy WebLinkAboutOrdinance 06-100COUNTY OF HAWAII
ORDINANCE NO. 06
STATE OF HAWAII
100 BILL NO. 288
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6 AND ARTICLE 16, OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
MILEAGE REIMBURSEMENT RATES FOR DULY AUTHORIZED VOLUNTEER POLICE
AND FIRE PERSONNEL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Purpose. Presently, the County of Hawai`i's mileage reimbursement rate is
governed primarily by the current collective bargaining agreements which are based upon the
rate set forth by the Internal Revenue Service. Article 16, section 2- 101(b) (Compensation for
use of private automobile - Rate) of the Hawaii County Code 1983 (2005 Edition, as amended)
sets the rates for employees who are excluded from the various bargaining units as the same rates
provided for in negotiated contracts of bargaining units that these employees would have
belonged to had they not been excluded. Also, all other officers and employees of the County not
covered by collective bargaining including County councilmembers shall be entitled to mileage
reimbursement at a rate equal to the highest rate payable to any County employee in a bargaining
unit. There are two sections in the County Code that reference a set mileage rate of 33 cents for
duly authorized volunteer fire personnel (Article 6. Volunteer Fire Department, section 2 -20.
Mileage reimbursements for volunteer fire personnel) and for duly authorized volunteer police
personnel (Article 16, section 2- 101.1. Mileage and meal reimbursements for volunteer police
personnel). The purpose of this measure is to amend these sections to reflect a consistent
reimbursement rate amongst all of the County employees and the duly authorized volunteer
police and fire personnel. The mileage reimbursement rates shall be prescribed by, and subject
to, the requirements set forth in section 2- 101(b) or by negotiated contracts of bargaining units.
SECTION 2. Chapter 2, article 6, section 2 -20, of the Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 2 -20. Mileage reimbursements for volunteer fire personnel.
All volunteer fire personnel residing in a district other than the district where a fire occurs
and who are duly authorized to participate and aid in the control of that fire shall be reimbursed
[a the o f Q
om. $.3T mss] at such rates prescribed by, and subject to, the requirements set forth in
section 2- 101(b), for each mile actually and necessarily traveled, in the performance of their
volunteer activities."
SECTION 3. Chapter 2, article 16, section 2 -101, of the Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 2 -101. Compensation for use of private automobile.
(a) Mileage Allowance. A department head may authorize any officer or employee over
whom the department head has administrative supervision to use privately owned
automobiles on official business on a mileage allowance basis when publicly owned
vehicles are not available or are impractical to use.
(b) Rate. Employees who are excluded from the various bargaining units shall be paid the
same rates provided for in negotiated contracts of bargaining units that these employees
would have belonged to had they not been excluded. All other officers and employees of
the County not covered by collective bargaining including County councilmembers and
duly authorized volunteer police and fire personnel, shall be entitled to mileage
reimbursement at a rate equal to the highest rate payable to any County employee in a
bargaining unit.
(c) Flat Monthly Allowance. The mayor may for the executive branch and the council
chairman for the legislative branch authorize payment of monthly automobile allowance
to any councilmember, officer or employee for the regular use of a privately owned
automobile."
SECTION 4. Chapter 2, article 16, section 2- 101.1, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 2- 101.1. Mileage and meal reimbursements for volunteer police personnel.
All duly authorized volunteer police personnel, including but not limited to reserve police
officers and police chaplains, shall be reimbursed [at the rate of a °] at such rates prescribed
b_y, and subject to, the requirements set forth in section 2- 101(b), for each mile actually and
necessarily traveled in the performance of their assigned duties. Meal allowances shall also be
available to such volunteer personnel at such rates prescribed by, and subject to, the requirements
set forth in section 2 -96."
SECTION 5. Material to be deleted is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 6. 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 provision or application, and, to the end, the
provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
u.
Jv-,P -�
COUN I1- MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction:
June
5,
2006
Date of 1 st Reading:
June
5,
2006
Date of 2nd Reading:
June
21,
2006
Effective Date:
June
30,
2006
REFERENCE; Comm. 905
2
Introduced By:
Date Introduced
First Reading:
Published:
REMARKS.
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Virginia Isbell
June 5, 2006
June 5, 2006
June 16, 2006
Second Reading: June 21, 2006
To Mayor:
June
22, 2006
Returned:
July
3 2006
Effective:
June
30 2006
Published:
July
11, 2006
REMARKS:
ROLL CALL VOTE
AYES
NO :.n
f 11
Arakaki
X
Higa
X
Hoffinann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffinann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
x
Pilago
x
Safarik
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUPeCORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approve Disapproved this ,ems day
07 J w„�, , 20 04
M Y R, COUNT Ft1�ItVAFI
COUNCIL CHAIRMAN
�-
COUNTY CLERK
mm-
Reference: C- 905 /FC- Waived
Ord No.: 100
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