HomeMy WebLinkAboutCA-01 Water Supply Replaces Manager with Manager Chief EngineerPROPOSAL NO. ________
(For Commission Use Only)
2009-2010 HAWAI‘I COUNTY CHARTER COMMISSION
CHARTER AMENDMENT PROPOSAL FORM
1. GENERAL INFORMATION
Name of Commission Member:______________________________________________
2. If applicable, list the charter provision(s) to be deleted or amended:
3. Provide a brief description of the purpose of the proposed charter amendment; include
a description of the issue the proposal would address:
4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction,
name the jurisdiction and, if possible, attach a copy of the relevant provision(s).
5. If the proposal is based on any written materials you have, please attach a copy with a
citation to its source.
See reverse side
Form CA-1
Revised 4/2/09 1 of 2
6. Attach the text of the proposed charter amendment in Ramseyer format (see below).
Ramseyer Format, if proposing:
Amendments to Existing Charter Provisions
Any language being proposed to be added to the Charter shall be underscored.
Any language being proposed to be deleted from the Charter shall be [bracketed].
Replacing Existing Charter Provisions in their Entirety
Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed
to be deleted, and provide the text of any provisions proposed to replace the deleted
material.
New Charter Provisions
Provide the text of the new provision(s) and, if possible, indicate where in the Charter the
new material should be inserted.
Form CA-1
Revised 4/2/09 2 of 2
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VIII, Hawai‘i County Charter, is amended to read as follows, with
added language underscored and deleted language bracketed:
“ARTICLE VIII
DEPARTMENT OF WATER SUPPLY
Section 8-1. Organization.
There shall be a semi-autonomous department of water supply consisting of a
water board, a manager-chief engineer and the necessary staff.
Section 8-2. Water Board.
The water board shall consist of nine members who shall be appointed by the
mayor with the approval of the council in the manner prescribed in Section 13-4. One
member shall be a resident of each council district. The manager-chief engineer of the
department of water supply, the planning director and the [chief engineer] director of
public works of the county or their designated representatives shall serve as ex-officio
members of the water board without power to vote. The water board shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law
relating to the management, control, operation, preservation and protection of
the waterworks of the county.
(c) Adopt an annual operating and capital budget for the department, subject to
the hearing and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or otherwise,
and to sell, lease, or otherwise convey real property in the name of the water
board.
(e) Have the authority to issue revenue bonds under the name of the water board.
(f) Have such other powers and duties as may be provided by law.
Section 8-3. Manager-Chief Engineer and Deputy.
The manager-chief engineer of the department of water supply shall be appointed
by the water board and may be removed by the water board. The deputy shall be
appointed by the manager-chief engineer with the confirmation of the water board and
may be removed by the manager with the approval of the water board. The manager-
chief engineer shall be a registered engineer and shall have had a minimum of five
years[’] experience in an administrative capacity.
Section 8-4. Water Fund.
There shall be established a separate water fund which shall be utilized solely for
water purposes. State and Federal water grants or appropriations and revenues from
operation of the water system shall be included in the water fund.
Section 8-5. Administrative Supervision.
The department of water supply shall come under the general supervision and
control of the mayor, through the managing director.”
Section 2. This amendment shall take effect upon its approval by the electorate.
DAPHNE HONMA
EDMUND HAITSUKA CASEY JARMAN
Chairman JAMAE KAWAUCHI
JOSEPH KEALOHA
DAVID FUERTES
ALAPAKI NAHALE-A
Vice Chair
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
To: Chair Edmund K. Haitsuka and
Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Attorney
Date: August 4, 2009
RE: Relating to CA-1: Legality of Charter Amendment Renaming the Manager of the
Department of Water Supply to “Manager-Chief Engineer”
Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission,
During the July 17 meeting of the Hawai‘i County Charter Commission (“Commission”),
I was tasked with verifying the legality of various proposed charter amendments. This memo
will discuss the legality of charter amendment CA-1, which renames the manager of the
department of water supply to the “manager-chief engineer.” This amendment also replaces the
designation of the “chief engineer” in section 8-2 to the “director of public works” to conform
with the designation of the director of public works in article VI, chapter 2 of the charter.
In my opinion, there are no legal issues with proposing this amendment. This
amendment merely renames the title of the manager position. This change would be consistent
with the qualification of the manager of the department of water supply since the manager must
also be a registered engineer.
If you have any further questions regarding this matter, please do not hesitate to contact
me.
Levi Hookano
Charter Commission Attorney
Charter Commission Attorney
Charter Commission Attorney
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