HomeMy WebLinkAboutOrdinance 06-060COUNTY OF HAWAII
ORDINANCE NO.
G6
STATE OF HAWAII
BILL NO. 238
60
AN ORDINANCE AMENDING ARTICLE VII, CHAPTER 1, OF THE HAWAPI COUNTY
CHARTER (2000), RELATING TO THE DEPARTMENT OF CIVIL SERVICE,
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI
SECTION 1. Purpose. The role and function of the department of civil service and the
civil service commission have changed in response to changes in state law as well as in the
human resources field. Today, the department of civil service does more than simply administer
civil service laws and rules. It increasingly provides services to county departments and
agencies in human resource management areas such as: strategic management, workforce
planning and employment; human resource development, compensation and benefits, employee
and labor relations; and occupational health and safety. This charter amendment would change
the name of the department to reflect its present role and function,
In addition, the Civil Service Reform Act, Act 253, SLH 2000, effectively eliminated the
functions of the civil service commission by transferring many of its administrative powers to the
director of civil service. In place of the commission, the Civil Service Reform Act created a
merit appeals board which would hear appeals from certain actions taken by the director, the
mayor, or other appointing authorities, or their agents. This charter amendment would change
the name of the commission to reflect this change.
To effectuate these changes, the proposed charter amendments would accomplish the
following.
I . Change the name of the department of civil service to the department of
human resources,
2. Change the title of the director of the department of civil service from director of
personnel or director of civil service to director of human resources,
3. Change the title of the deputy director of the department of civil service from
deputy director of personnel or deputy director of civil service to deputy director of
human resources, and
4. Change the name of the civil service commission to the merit appeals board.
SECTION 2. Article VII, chapter], of the Hawaii County Charter (2000), relating to
the Department of Civil Service, is amended to read as follows:
"CHAPTER 1
DEPARTMENT OF [C ""' C] HUMAN RESOURCES
Section 7 -1.1. Organization. There shall be a department of ['^i�cry serviee] human
resources consisting of a director, a (ei,,4' se on] merit appeals board and the
necessary staff.
Section 7 -1.2. [ .] Merit Appeals Board. The [eivii seR,iee
eemmissien] merit appeals board shall consist of five members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in section 13 -4. [CefnFNissien]
Board membership shall be representative of the community, and the members shall all be in
sympathy with and believe in the principles of the merit system in public employment.
Section 7 -1.3. Director. The director of [eivi'l sefvir ] human resources shall be
appointed by the [civil service ,.,.......issie ] merit appeals board and may be removed by the
[eefnmissien.] merit appeals board.
Section 7 -1.4. Powers, Duties and Functions. The director of [eivil- servie ] human
resources shall be responsible for the [personnel] human resources management program of the
county with two distinct categories of duties. The major duties shall be in the areas of equal
employment opportunities, personnel development, personnel deployment, personnel relations
and personnel welfare including employee safety and workers' compensation. The secondary
duties of the director shall be the administration of the civil service system and the maintenance
of the aims and mechanics prescribed by statute. The director shall be the administrative head of
the department of [eivil- sewiee] human resources and shall be responsible for the proper conduct
of all the administrative affairs of the department and for execution of the [personnel] human
resources management program prescribed by this charter, ordinances, laws and regulations.
The f eivil service commission] merit appeals board shall function according to statute. The
director shall provide technical and clerical staff services to the [eemmission] board.
Section 7 -1.5. Position Classification Plan; Compensation. Except as otherwise
provided by law or this charter, all positions in the service of the county shall be classified within
a position classification plan, and all persons holding such positions shall be compensated as
provided by the compensation law of the state.
Section 7 -1.6. Administrative Supervision. The department of [Civil service] human
resources shall come under the general supervision and control of the mayor.
SECTION 3. Article XIII, section 13 -10, of the Hawaii County Charter (2000), relating
to prohibitions is amended to read as follows:
"Section 13 -10. Prohibitions. No person who seeks appointment or promotion with
respect to any county position or appointive county administrative office shall directly or
1)
indirectly give, render or pay any money, service or other valuable thing to any person for or in
connection with their test, appointment, proposed appointment promotion or proposed
promotion.
From and after the effective date of this charter no person who has the power of
appointment under this charter or ordinance enacted pursuant thereto shall appoint, employ,
promote or advance an individual who is a relative of the appointing authority to any office or
position under their supervision; provided, that the provision of this paragraph shall not be
construed to prohibit the appointment of a relative whose name appears on the eligibility list
submitted by the director of [sivil ee] human resources in accordance with the civil service
laws and the rules and regulations promulgated pursuant thereto.
The word "relative" as used in this section shall mean an individual who is related to the
appointing authority as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father -in -law, mother -in -law, step - father, step- mother, step -son,
step- brother, step - daughter, step- sister, half - brother, or half- sister."
SECTION 4. Article XIII, subsection 13- 28(b), of the Hawaii County Charter (2000),
relating to compensation and the salary commission is amended to read as follows:
"(b) One member shall be a resident of each council district. In addition, the [civil
..__ . iee] director of human resources and deputy [^i°'. -ive] director of human resources shall
serve as ex -officio members of the commission in an advisory capacity."
SECTION 5. Article XVI, subsection 164(f), of the Hawaii County Charter (2000),
relating to status of agencies and transfer of functions is amended to read as follows:
"(f) Non -civil service employees or officers who are not transferred or appointed and
whose employment are terminated as a consequence of the reorganization provisions of the
charter shall have the right to have their names placed on appropriate re- employment lists and
shall be deemed eligible for certification to positions in the class in which last occupied or in a
related class in the same or lower grade for which the qualification requirements are met;
provided, that written applications for re- employment with the department of [^i°il SeF:iee]
human resources are filed within thirty (30) days after the termination of employment. Such
certifications shall expire three (3) years after the effective date of this charter."
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 7. 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 8. 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 2006 general election.
SECTION 9. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters in the 2006 general election.
Hilo , Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
INTRODUCED BY:
COU CIL MEMBER, COUNTY OF HAWAII
April 5, 2006
April 5, 2006
April 19, 2006
May 2, 2006
May 12, 2006
Ceram: 726��
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo . Hawai`i
Introduced By: Virginia Isbell
Date Introduced: April 5, 2006
First Reading: April 5, 2006
Published: N/A
REMARKS:
Second Reading
To Mayor:
Returned:
Effective:
Published:
RET/ARK.S:
it 19, 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
7
2
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
g
'..
Holschuh
x
Ikeda
x
Isbell
g
Jacobson
g
Pilago
X
Safarik
x
$
1
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
COUNCIL CHAIRMAN
COUNTY CLERK
163111► .�
Approved'Disapproved this day Reference: C - 7 2 6/ FC - 2 4 8
Ord No.:
20
MAYOR, COUNTY OF HAWAII
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawai`i
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Second Reading:
May
2, 2006
To Mayor:
May
5� 2006
Returned:
May
15,
2006
Effective:
May
12,
2006
Published:
May
23,
2006
REMARKS
ROLL GALL VOTE -,
AYES NOES ABS X
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
Safar'
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
g
Higa
x
Hoffmann
x
Holschuh
X
Ikeda
X
Isbell
x
Jacobson
x
Pilago
x
Safarik
x
9
I DO HEREBY CERTIFY that the, foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM ND LEGAL Y•
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date ZUJ(p
Appro ,)ailDisapproved this I �-
M am / 20 0(p
YOR. C YOFHAWAI'I
COUNCIL CHAIRMAN
1&0,�
COUNTY CLERK
Bill No.: 238
day Reference: C- 726/FC -248
Ord No.: 66 60