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HomeMy WebLinkAboutCA-37 RD Name ChangePROPOSAL 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 COUNTY OF HAWAI‘I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-8251 Fax (808) 961-8622 Hawai`i County is an Equal Opportunity Provider and Employer William P. Kenoi Mayor Lincoln S.T. Ashida Corporation Counsel Katherine A. Garson Assistant Corporation Counsel October 30, 2009 MEMORANDUM TO: The Honorable Edmund Haitsuka, Chair And Members of the County of Hawai‘i Charter Commission c/o Hawai‘i County Clerk-Council 333 Kilauea Avenue Ben Franklin Building, 2nd Floor Hilo, HI 96720 FROM: William V. Brilhante, Jr. Deputy Corporation Counsel RE: Office of Mayor’s proposed County of Hawai‘i’s Charter Amendments Dear Chair Haitsuka and Commission members: Transmitted herein are proposed changes to the County of Hawai‘i Charter proffered by the Administration. The changes are being proposed for the following reasons: 1. Revision to the Department of Research and Development Within this current economic environment, it has become abundantly clear that economic sustainability, stability and viability for our island community is imperative in order to ensure that the County is able to continue providing core County services and functions to our citizens. The driving force behind this proposal is for the County to provide leadership, direction and resources to both the public and private sector through a County Department specifically tasked with the power, duties and functions to assist, promote and solidify the economic development and viability of our island. Accordingly, this proposed amendment would afford the resources currently contained within the Department of Research and Development to be reallocated to the newly created Department of Economic Development, whose primary and core functions would be to ensure economic vitality within the Island of Hawai‘i. The Honorable Edmund Haitsuka, Chair And Members of the County of Hawai‘i Charter Commission October 30, 2009 Page 2 of 2 2. Revision to the General Provisions, Section 13-4(g) for Boards and Commissions The County, as a whole, truly appreciates the time, efforts and dedicated service each Board and Commission member provides. Historically; however, Board and Commission members have been and continue to serve in a voluntary capacity. Accordingly, this proposal will remove any conflict within the Charter regarding Board and Commission members voluntary status with the County. CHAPTER 8 DEPARTMENT OF [RESEARCH AND] ECONOMIC DEVELOPMENT Section 6-8.1. Organization. There shall be a department of [research and] economic development consisting of a director and the necessary staff. (2000, Prop. 2, sec. 1.) Section 6-8.2. Director. The director of [research and] economic development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall have had a minimum of five years’ related experience. (1979, Prop. 12; 2000. Prop. 2, sec. 1; 2000, Prop, 7, sec. 4.) Section 6-8.3 Powers, Duties and Functions. The director of [research and] economic development shall: (a) Collect and develop data necessary for managerial and legislative decision-making, and program and policy-making. (b) Provide staff leadership for public and private development programs, enterprises and plans, including economic, social and cultural proposals, which enhance [improvement of the county community.] the economic viability and well being of the county community. (c) Coordinate informational and regulatory knowledge of all federal and state grant-in-aid participation programs which affect the county. (2000, Prop. 2, sec. 1.) Article XIII, General Provisions, Section 13-4(g) is amended to read as follows: Section 13-4. Boards and Commissions. (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 be reimbursement exceed five times the state minimum wage hour rate.] (1979, Prop. 10; 1990, Prop. 14, sec. 1; 1996, Ord. No. 96-86, sec.2.) CHARTER AMENDMENT NO. BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I: Section 1. Article VI, Hawai‘i County Charter, is amended to read as follows with added language underlined: “CHAPTER 8 DEPARTMENT OF [RESEARCH AND] ECONOMIC DEVELOPMENT Section 6-8.1. Organization. There shall be a department of [research and] economic development consisting of a director and the necessary staff. Section 6-8.2. Director. The director of [research and] economic development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall have had a minimum of five years’ related experience. Section 6-8.3 Powers, Duties and Functions. The director of [research and] economic development shall: (a) Collect and develop data necessary for managerial and legislative decision-making, and program and policy-making. (b) Provide staff leadership for public and private development programs, enterprises and plans, including economic, social and cultural proposals, which enhance [improvement of the county community.] the economic viability and well being of the county community. (c) Coordinate informational and regulatory knowledge of all federal and state grant-in-aid participation programs which affect the county.” Section 2. Charter material to be repealed is bracketed and stricken. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai‘i (2010), the revisor need not include the brackets, bracketed material, or underscoring. Section 3. The revisor of the charter shall renumber charter article numbers, chapter numbers, section numbers, and cross references thereto pursuant to amendments approved by the electorate that displace existing or newly-enacted charter provisions. Section 4. This amendment shall take effect upon approval by the electorate.