HomeMy WebLinkAboutCA-21 Planning Commission MembershipPROPOSAL 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 XIII, section 13-4, Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed and stricken
through:
“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, however, members of
any board or commission appointed for a term of 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.
(f) 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.
(j) 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[.] provided that no one may serve on the planning
commission or board of appeals who: (1) receives or has during the
previous two years received, a significant portion of the person’s income
directly or indirectly from permit holders or applicants for approvals from
the planning commission; or (2) has a fiduciary duty to an entity which
has business before the planning commission or board of appeals.
(l) 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 2. This amendment shall take effect upon approval by the electorate.