HomeMy WebLinkAboutOrdinance 06-051COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 232
ORDINANCE NO.
0s 5
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO SECTION 13 -4,
ARTICLE XIII OF THE HAWAF I COUNTY CHARTER RELATING TO COMPOSITION
AND TERMS OF BOARDS AND COMMISSIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L
SECTION 1. Purpose. Section 13, Article XIII of the Hawaii County Charter sets forth
the appointment requirements and duration of terms for members of the various boards and
commissions of the County of Hawaii. Currently, when a member of a board or commission
resigns before the expiration of the member's term, a replacement is found to serve out the
remainder of the previous member's term. In many cases, the replacement is serving a term of
two years or less. Because members cannot currently succeed themselves, in many cases,
willing members of the public would rather wait for a full term, rather than fill such a short term,
thus no replacement is found and the board or commission must operate with the vacancy for the
remainder of the term. This has created considerable hardship for these boards and commissions
to operate with less than a full membership to meet quorum or having a sufficient number of
votes to take action. It creates cancelled meetings or delayed actions because of insufficient
votes. At present, the Charter precludes a replacement from being reappointed to the board or
commission. On an initial appointment, the Charter does allow a member to succeed themselves,
this amendment would extend this provision and its rationale to all members who serve less than
a two -year term to succeed themselves, recognizing that this situation exists not only for initial
appointments, but for all terms of less than two years. This Charter amendment would assist the
County of Hawaii in ensuring that boards and commissions are fully and properly staffed with
qualified members. A provision for incorporating existing term limitations with the proposed
successive terms is provided in Section 7.
SECTION 2. Section 13 -4 of the Hawaii County Charter is amended to read as follows:
"Section 13 -4. Boards and Commissions. Except as otherwise provided in this charter,
all boards and commissions specifically established by this charter shall be governed by the
following provisions:
(a) The members shall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members, one shall be appointed
for a term of one year, one for a term of two years, one for a term of three years, one for a term
of four years, and one for a term of five years. Upon the initial appointment of the members of a
commission consisting of seven members, one shall be appointed for a term of one year, one for
a term of two years, two for a term of three years, two for a term of four years, and one for a
term of five years. Upon the initial appointment of a commission consisting of nine members,
one shall be appointed to a term of one year, two for a term of two years, two for a term of three
years, two for a term of four years, and two for a term of five years.
(b) The members shall be appointed by the mayor, and confirmed by the council, and
may be removed upon recommendation by the mayor and the approval of the council.
(c) No member shall be eligible for a second appointment to the same board or
commission prior to the expiration of two years, [provide 'however, members of any board
or commission [initially] appointed for a term of [ene year- and} two years or less shall be eligible
to succeed themselves for an additional full term.
(d) No member whose term has expired shall continue to serve on such board or
commission, except that if no successor has been appointed and confirmed, the member shall
continue to serve for ninety days or until a successor is appointed and confirmed, whichever
comes first.
(e) Any vacancy occurring in any board or commission shall be filled for the
unexpired term.
(1) Not more than a bare majority of the members shall belong to the same political
party.
(g) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be paid in
advance as per diem allowance which shall be established by ordinance. Members of boards and
commissions who do not receive compensation from their employers during the time they are
serving on boards and commissions shall be reimbursed by the county for actual work hours lost
at the straight time rate of pay of such members in their regular employment but in no case shall
such reimbursement exceed five times the state minimum wage hour rate.
(h) A chairperson shall be elected from its membership annually.
(i) The affirmative vote of a majority of the entire membership to which a board or
commission is entitled shall be necessary to make any action valid; except that in the case of a
board or commission which has only advisory functions, the affirmative vote of a majority of
those present shall be sufficient to make any action valid.
0) Each board and commission shall have the power to establish its rules of
procedure necessary for the conduct of its business, which rules shall contain the time and place
of all regular meetings, and which shall specify that a quorum shall be a majority of the members
to which the board or commission is entitled.
(k) Notwithstanding any other provision in this charter, no person shall, by reason of
occupation alone, be barred from serving as a member of any board or commission.
(1) The council shall act to confirm or reject any appointment made to a board or
commission by the mayor within forty -five days after receiving notice of the appointment from
the mayor. If the council does not confirm or reject any such appointment within forty -five days,
the appointee shall be deemed to have been confirmed.
(m) The redrawing of council district boundaries during a commission member's term
shall not affect a member's eligibility to represent the district to which the member was
appointed."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored.
SECTION 4. If any portion 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 the application, and to this end,
the provisions of this ordinance are declared severable.
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
at the next 2006 general election.
SECTION 6. Upon approval of the Charter amendment proposed in this ordinance by a
majority of voters voting thereon, as duly certified, the provisions of Section 2 of this ordinance
shall take effect at twelve o'clock meridian on the first Monday of December after the 2006
election.
SECTION 7. Upon taking effect, the Charter amendment proposed in this ordinance
will not be applied retroactively but shall only affect appointments made after twelve o'clock
meridian on the first Monday of December after the 2006 election.
Hilo, Hawaii
Date of Introduction:
Date of I" Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
INTRODUCED BY:
CO CILMEMBER, COUNTY OF HAWAII
March 22, 2006
March 22, 2006
April 5, 2006
April 19, 2006
December 4, 2006
OFFICE OF THE COUNTY CLERK
County of Hawaii
Bilo, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published.
REMARKS
Third Reading: April 19, 2006
To Mayor: April 21, 2006
Returned: May 3, 2006
Effective: December 4, 2006
Published: May 11, 2006
REMARKS:
ROLL CALL VOTE
T AYES NOES ABS X
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pitago
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
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:
COUNCIL HAIRMAN
DEP T CORPORATION COUNSEL A�
COUNTY OF HAWAII
AV 2 6 2006 COUNTYC.ERK
Approve Dusapproved this 2n-A- day
rAY(A) 20 0(o
)U. Y�'II�WAVI
Bill No.:
232
Reference C- 696/FC -244
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Ord No.: VY Si
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Virginia Isbell
Date Introduced:
March 22, 2006
First Reading:
March 22, 2006
Published:
N/A
REMARKS:
Second Reading:
To Mayor: N/A
Returned: N/A
Effective:
Published:
REMARKS:
ril 5, 2006
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
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
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
8
0 1
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Approved/Disapproved
20
MAYOR, COUNTYOFHAWAI`I
day
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
my,
C- 696/FC -244