HomeMy WebLinkAboutCOMM. 250 Final Form of Amendments and Format Suggestions (2)
EDMUND HAITSUKA
Chairman
DAVID FUERTES
Vice Chair
DAPHNE HONMA
CASEY JARMAN
GUY KAULUKUKUI
JAMAE KAWAUCHI
JOSEPH KEALOHA
ALAPAKI NAHALE-A
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
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To: Chair Edmund Haitsuka and
Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Commission Attorney
Date: March 31, 2010
Re: Final Format for Proposed Charter Amendments and Recommended Formatting Changes
Dear Chair Haitsuka and Members of the Charter Commission,
During the March 12, 2010 meeting of the charter commission, I mentioned that I would
be reviewing the proposed charter amendments and may come back to the commission with
some recommendations regarding their format. Jon Henricks, from the legislative research
branch of the county clerk’s office, helped to review the proposals and made some
recommendations. The purpose of the following recommendations is to ensure the charter is in
the best possible format for ease of use. The first set of recommendations is general and applies
to all proposals. Following that, are the specific recommendations relating to each individual
proposed charter amendment. Also attached are the proposed final formats for the proposals
passed by the commission as they would read should these recommendations be adopted. The
brief descriptions provided are not an official part of the proposals, however, and are for
inclusion with the commission’s report to the county council.
Any recommendations made for each proposal is explained. Also, none of the
recommendations substantively alter the proposed amendment. Therefore, I humbly request the
commission approve the recommended changes to the proposed charter amendments for their
final format.
If you have any questions regarding this matter, please do not hesitate to contact me.
Levi K. Hookano
Commission Attorney
GENERAL RECOMMENDATIONS APPLICABLE TO ALL PROPOSALS
A few recommendations made by the legislative research branch are common to all
proposals. They are as follows:
1. Removing the language “with added language underscored and deleted language
bracketed” from the prefatory sections of proposed amendments.
Reason: According to the Legislative Drafting Manual put out by the State
Legislative Reference Bureau the above language is not included in the
prefatory section of a proposed amendment. Rather, this language is
inserted as a separate section at the end of the proposal.
2. Inserting the above language into a separate section at the end of the proposed
amendment that states in its entirety: “Charter material to be repealed is bracketed
and stricken through. 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
and stricken material, or underscoring.”
Reason: See above.
3. An additional provision is included on all proposals which read in its entirety:
“The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by
the electorate that displace existing or newly-enacted charter provisions.”
Reason: This is being inserted because the addition of new charter
provisions or deleting charter provisions may cause some sections to be
moved or renumbered as well as changing cross references within the
charter. Adding this provision to the amendment would make it absolutely
clear that the revisor of the charter has the authority to “make all the
numbers work.”
4. Page numbers were included on the bottom of proposals that spanned more than
two pages. Page numbering begins on the second page.
Reason: These are inserted for convenience and easy reference.
5. For amendments that also included housekeeping amendments, those
housekeeping provisions were removed.
Reason: The housekeeping amendments are being kept in a single proposal, CA-
36 so that they are all in one place.
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RECOMMENDATIONS FOR CA-1
Relating to the Department of Water Supply
In addition to the above general recommendations, the following are specific
recommendations for CA-1:
1. Bracketing and striking through of “manager” before each “-chief engineer” and
reinserting “manager” as part of the “-chief engineer” language. It would then
read as follows for all applicable instances: “[manager] manager-chief engineer.”
Reason: According to the drafting manual, when correcting a word, the
entire word should be bracketed and then reinserted correctly. In this case,
the new correct term is “manager-chief engineer” so the previous
“manager” must be bracketed and stricken through.
2. In Section 8-3, the second sentence, there was an instance of “manager” not being
replaced with “manager-chief engineer.” This has been corrected so now the
second sentence reads correctly.
Reason: The proposal was to change all instances of “manager” with
“manager-chief engineer” and this instance was omitted from the previous
draft. This change makes all the terms consistent.
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RECOMMENDATIONS FOR CA-2
Moves and Renames Data Systems
In addition to the above general recommendations, the following are specific
recommendations for CA-2:
1. In Section 1, the second sentence is deleted in its entirety.
Reason: The provision that subsequent chapters are to be renumbered is
re-inserted as general recommendation 3 above.
2. In Section 2, new language is inserted in the prefatory language that states that the
new chapter is “to be appropriately designated….” Additionally, all of the
specific designations of this amendment as “Chapter 11” have been removed.
Reason: Depending on which proposed charter amendments pass or fail,
the chapter number may change. Leaving that designation blank, in
conjunction with the general recommendation 3 above, provides the
revisor with the flexibility to insert the language where it is appropriate in
Article VI of the charter.
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RECOMMENDATIONS FOR CA-3
Moves the Fire Department
In addition to the above general recommendations, the following are specific
recommendations for CA-3:
1. In Section 1, the second sentence is deleted in its entirety.
Reason: The provision that subsequent chapters are to be renumbered is
re-inserted as general recommendation 3 above.
2. In Section 2, new language is inserted in the prefatory language that states that the
new chapter is “to be appropriately designated….” Additionally, all of the
specific designations of this amendment as “Chapter 4” have been removed.
Reason: Depending on which proposed charter amendments pass or fail,
the chapter number may change. Leaving that designation blank, in
conjunction with the general recommendation 3 above, provides the
revisor with the flexibility to insert the language where it is appropriate in
Article VII of the charter.
3. In the actual language of the proposed charter amendment, the section numbers
have been changed to reflect the proper article number with a blank space for the
appropriately designated section number.
Reason: The section numbers will change to reflect the move to Article
VII from Article VI, and the blank space will allow the revisor to
appropriately number the sections once the charter is compiled.
4. In the text of the amendment, amended Section 7-__.6, paragraph (e), the
reference to section 6-4.2 has been changed to reflect the new section number and
capitalize “Section” to 7-__.2.
Reason: With this amendment, the reference in Section 7-__.6 will change
and this must be reflected in the text. Additionally, the legislative drafting
manual states that the word “Section” when referencing another section
should be capitalized.
5. In amended Section 7-__.3, the apostrophe after the word “years” has been
replaced in the last sentence to maintain the original format in this amendment.
That last sentence will now read “The fire chief shall have had a minimum of five
years’ training and experience in fire control, including at least three years’
experience in a responsible administrative capacity.” This section is also being
amended in CA-36, the housekeeping amendment, to replace “years’” with “years
of” for clarity.
Reason: This was an inadvertent omission.
6. In amended Section 7-__.4, paragraph (f), the word “other” is reinserted as it was
inadvertently omitted in the drafting. So the last sentence will read “Have such
other powers, duties and functions as may be required by ordinance.”
Reason: This was an inadvertent omission.
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RECOMMENDATIONS FOR CA-4
Amends Civil Service Provisions
In addition to the above general recommendations, the following are specific
recommendations for CA-4:
1. Section 1 has been removed and the remaining sections have been renumbered.
Reason: A purpose section such as this one would be better suited for a
ballot summary.
2. The prefatory language in all remaining sections has been changed to reflect the
correct drafting style.
Reason: Changed to reflect the drafting style in the Legislative Drafting
Manual.
3. All article titles and chapter titles have been deleted, and section title for “Section
3-6” has been deleted as well.
Reason: These were unnecessary. The way the prefatory language reads
(“amended to read as follows:”) would require that the article and chapter
titles be included exactly where they are, thus creating a formatting
problem when the charter is compiled by the revisor.
4. Strikethroughs were added throughout the proposal.
Reason: To better illustrate proposed amendments where language is
being deleted from the charter.
5. In the original section 3, which amends charter Section 4-5, items (b) through (f)
have been inserted.
Reason: Item (a), which is the only item being amended in Section 4-5, is
not an actual subsection because text appears before the item. According
to the Legislative Drafting Manual, in such a case, the entire section must
be placed in the amendment. This would result in several items in Section
4-5 being inadvertently deleted from the charter.
6. Quotation marks were added at the beginning and end of each section proposing
amended language.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
7. Page numbers starting from page 2 were included on the bottom of the proposed
charter amendment.
8. In the original section 4, amending charter Section 5-1.3, under item (e), the word
“the” was reinserted in the last clause so it reads “…provided that the salary of
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any officer or employee who is exempt from the civil service laws shall be subject
to approval by the council and the mayor.”
Reason: The word “the” was inadvertently omitted during drafting and it
appears in the 2008 edition of the charter.
9. In the original sections 7 and 8, amending charter Section 7-1.5 and Section 7-2.5
respectively, the Section titles (“Position Classification Plan; Compensation” and
“Dismissal, Suspension, Demotion, or Grievance”) were adjusted to the left.
Reason: This is a formatting change. Although these two sections are
being deleted from the charter, their format should still appear correctly in
the proposal.
10. In the original section 9, amending charter Section 13-3, the commas in the title of
Section 13-3 were replaced with semicolons and the title was appropriately
capitalized. Additionally, the subsection designations were adjusted to the left.
Reason: Formatting and to be consistent with other sections in the charter.
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RECOMMENDATIONS FOR CA-5
Relating to Merit Appeals Board Membership
In addition to the above general recommendations, the following are specific
recommendations for CA-5:
1. The prefatory language in section 1 has been changed to reflect the correct
drafting style, including making the word “chapter” lowercase.
Reason: Changed to reflect the drafting style in the Legislative Drafting
Manual.
2. The article title and chapter title has been deleted.
Reason: These were unnecessary. The way the prefatory language reads
(“amended to read as follows:”) would require that the article and chapter
titles be included exactly where they are, thus creating a formatting
problem when the charter is compiled by the revisor.
3. Quotation marks were added at the beginning and end of each section proposing
amended language.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
4. Strikethroughs were added throughout the proposal.
Reason: To better illustrate proposed amendments where language is
being deleted from the charter.
5. The word “section” in the last sentence of subsection (a) was capitalized and the
indentation adjusted.
Reason: Changed to reflect the drafting style in the Legislative Drafting
Manual.
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RECOMMENDATIONS FOR CA-6
Relating to Removal of Directors Serving Under Commissions
In addition to the above general recommendations, the following are specific
recommendations for CA-6:
1. The prefatory language in all sections has been changed to reflect the correct
drafting style.
Reason: Changed to reflect the drafting style in the Legislative Drafting
Manual.
2. All article titles and chapter titles have been deleted.
Reason: These were unnecessary. The way the prefatory language reads
(“amended to read as follows:”) would require that the article and chapter
titles be included exactly where they are, thus creating a formatting
problem when the charter is compiled by the revisor.
3. Quotation marks were added at the beginning and end of each section proposing
amended language.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
4. Strikethroughs were added throughout the proposal.
Reason: To better illustrate proposed amendments where language is
being deleted from the charter.
5. The spacing between sections has been increased.
Reason: This is a formatting change to more clearly indicate where one
section ends and the next begins.
6. In section 2, amending charter Section 7-3.4, the renumbered items under new
subsection (b) now includes the proper ramseyer format for deleting material.
Reason: This is a formatting change to indicate that the subsection
designations and the new designations under subsection (b) have been
amended.
7. In section 3, amending charter Section 6-4.3, the first sentence incorrectly
included the word “bed” instead of “be.” This has been corrected.
Reason: This was an inadvertent error. The word “be” is in the 2008
edition of the charter and is the correct word.
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8. In section 3, amending charter Section 6-4.3, the added language has been
reformatted to properly reflect ramseyer format.
Reason: The underscored portion, indicating language that has been
added, included a space after the language, which is incorrect formatting.
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RECOMMENDATIONS FOR CA-7
Relating to Recall of Elected Officials
In addition to the above general recommendations, the following are specific
recommendations for CA-7:
1. In the prefatory language of all proposed sections, the word “chapter” has been
made lower case.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual.
2. Quotation marks were added at the beginning and end of each section proposing
amended language where appropriate.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
3. The spacing between sections has been adjusted as appropriate.
Reason: This is a formatting change to more clearly indicate where one
section ends and the next begins.
4. In the prefatory language of section 1, amending charter Section 12-1.1, the
references to items (a) and (b) have been removed.
Reason: Since text appears before the (a) in Section 12-1.1, (a) and (b) are
not technically “subsections” according to the Legislative Drafting
Manual.
5. In section 1, amending charter Section 12-1.1, the language preceding items (a)
and (b) has been reinserted, and item (c) has also been inserted.
Reason: As mentioned previously, since items (a) and (b) are not
subjections, the Legislative Drafting Manual states that the entire text of
the section must be stated in full. If the omitted language is not reinserted,
the omitted text would not appear in the 2010 edition of the charter.
6. In section 1, amending charter Section 12-1.1, item (a), the text “elected official
at-large” has been replaced with “official elected at-large.”
Reason: The language “official elected at-large” is contained in the 2008
edition of the charter and is grammatically correct.
7. In section 2, amending charter Section 12-1.3, the last sentence inadvertently
omitted a portion of the text found in the 2008 edition of the charter. The last
sentence would read as follows, with the reinserted text underscored: “To each
such petition paper there shall be attached an affidavit of the circulator thereof,
stating the number of signers to such part of the petition and that each signature
appended to the paper was made in the circulator’s presence and is believed to be
the genuine signature of the person whose name it purports to be, and that each
signer understood the nature of the recall petition.”
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Reason: This was an inadvertent omission. Without the underscored text
the sentence would not be grammatically correct.
8. In section 3, the text “elected official at-large” has been replaced with “official
elected at-large.”
Reason: The language “official elected at-large” is contained in the 2008
edition of the charter and is grammatically correct.
9. In section 4, amending charter section 12-1.5, two changes were made: First, the
reference to “Section 12-3” has been corrected to reflect the correct reference of
“Section 12-1.3);” and Second, in the last sentence the word “designed” has been
replaced with the correct word “designated.”
Reason: This is the text that is contained in the 2008 edition of the charter.
10. In section 5, amending charter section 12-1.6, the section title (“Section 12-1.6.
Recall Election.”) has been reinserted.
Reason: The title would be inadvertently omitted from the 2010 edition of
the charter if this is not reinserted.
11. In section 5, amending charter section 12-1.6, there is a grammatical issue with
the phrase “valid votes cast.” This section will require a bit more substantive
change to make this section grammatically correct. Currently, the part in question
reads as follows: “If less than fifty percent of the total…valid votes cast in the last
general election shall vote at such election to recall an official elected at-large…”
and “if less than fifty percent of the total…valid votes cast in the district in the
last general election shall vote at such recall election….” The italicized language
indicates where there is a problem since a “valid vote cast” cannot vote in the
same way a “person who registered” can vote. In consultation with the legislative
research branch and based on the discussions of the commission, the following is
proposed language that could solve this problem:
“[If less than fifty percent of the total number of persons who registered in the last
general election shall vote at such election to recall an official elected at-large, or
by voters of the entire county, as the case may be, or in the case of a recall of a
district council member, if less than fifty percent of the total number of persons
who registered in the district in the last general election shall vote at such recall
election, the officer sought to be recalled shall not be deemed recalled.]
(1) For recall elections of officials elected at-large, or by voters of the entire
county, if the total of votes cast is less than fifty percent of the valid votes
cast in the last general election, the officer sought to be recalled shall not
be deemed recalled.
(2) For recall elections of district council members, if the total of votes cast is
less than fifty percent of the valid votes cast in the district in the last
general election, the officer sought to be recalled shall not be deemed
recalled.”
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Reason: The above language would delete the current language in the
charter and replace it with two sub-items. The first item (1) relates to
officials elected at-large, and the second item (2) relates to district council
members. The new text in both items (1) and (2) mean that the total
number of votes cast during a recall election must be fifty percent or more
of the valid votes cast in the last general election. I believe that this was
the intention of the commission and the county clerk after reviewing the
previous discussion on this proposal. The commission may propose
alternative language in this situation, but the basic intent and objective of
the amendment must remain the same since this matter has already passed
two readings.
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RECOMMENDATIONS FOR CA-9
Relating to Notice of Special Meetings
In addition to the above general recommendations, the following are specific
recommendations for CA-9:
1. The prefatory language in section 1 has been changed to reflect the correct
drafting style.
Reason: Changed to reflect the drafting style in the Legislative Drafting
Manual.
2. The section title for charter section 13-20 was removed.
Reason: This proposal is amending a subsection of section 13-20,
therefore the title need not be included.
3. The formatting of the text in subsection (c) of the proposed charter language was
adjusted to be consistent with other charter subsections.
Reason: This was done to make the text of this proposal consistent with
other charter subsections.
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RECOMMENDATIONS FOR CA-10
Relating to the Powers, Duties, and Functions of the Director of Environmental Management
In addition to the above general recommendations, the following are specific
recommendations for CA-10:
1. In the prefatory language of section 1, the word “chapter” has been made lower
case.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual.
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RECOMMENDATIONS FOR CA-11
Relating to the Qualifications of the Director of Environmental Management
In addition to the above general recommendations, the following are specific
recommendations for CA-11:
1. In the prefatory language of section 1, the word “chapter” has been made lower
case.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual.
2. Within the text of the proposed amendment, the punctuation was placed in the
correct ramseyer format.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual on the placement of punctuation when adding or deleting
punctuation marks.
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RECOMMENDATIONS FOR CA-12
Relating to Initiation of Charter Amendments or Revisions
The general recommendations above apply to CA-12. No specific recommendations are
being made.
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RECOMMENDATIONS FOR CA-13
Relating to Mandatory Charter Review
In addition to the above general recommendations, the following are specific
recommendations for CA-13:
1. The prefatory language in section 1 makes an incorrect reference to the charter.
The language states that “Article XI, section 10-3” is being amended. It should
read “Article XV, section 15-3.”
Reason: This is an incorrect reference since the section being amended is
clearly meant to be in Article XV, section 15-3.
2. Within the text of the proposed amendment, the punctuation was placed in the
correct ramseyer format.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual on the placement of punctuation when adding or deleting
punctuation marks.
3. The provision regarding the term of commission members has been reinserted as
the second to last paragraph. The text of that provision is as follows: “Members
of the commission shall hold office until the amendments or charter is ratified or
rejected.”
Reason: This provision was inadvertently omitted, as there was no
discussion during the meetings that this provision should be removed from
the charter.
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RECOMMENDATIONS FOR CA-15
Relating to a Public Access, Open Space, and Natural Resources Preservation Fund
In addition to the above general recommendations, the following are specific
recommendations for CA-15:
1. In section 1, new language is inserted in the prefatory language that states that the
new section is “to be appropriately designated….”
Reason: Depending on which proposed charter amendments pass or fail,
the section number may change. Leaving that designation blank, in
conjunction with the general recommendation 3 above, provides the
revisor with the flexibility to insert the language where it is appropriate in
Article X of the charter.
2. The entire text of the proposed language has been underscored.
Reason: According to the Legislative Drafting Manual, when adding a
new section to the charter, all of the new text should be underscored. This
provision does not apply if a new chapter or a new article is being
proposed.
3. All ramseyer designations that deleted language have been removed.
Reason: Basically the same reason as number 2. Since this is all new
language, there is no language to strike out. The ramseyer format
indicating what language was added or deleted was only for illustrative
purposes from draft to draft of this proposal.
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RECOMMENDATIONS FOR CA-17
Relating to the Reapportionment Commission
In addition to the above general recommendations, the following are specific
recommendations for CA-17:
1. Under subsection (d), the newly inserted sentence includes a reference to “Section
3-17(g).” This has been changed to simply “subsection (g).”
Reason: According to the Legislative Drafting Manual, when referencing a
subsection within the same subsection, the section number does not have
to be stated.
2. Within the text of the proposed amendment, the punctuation was placed in the
correct ramseyer format.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual on the placement of punctuation when adding or deleting
punctuation marks.
3. Ramseyer format was added to the subsection designations.
Reason: Since a new subsection was added, the subsequent subsection
designations had to be renumbered. To do so required ramseyer format to
indicate the deletion and addition of new designations.
4. In proposed subsection (g), the words “be guided” have been stricken through.
This has been changed to “be guided by.”
Reason: That was the original language in the 2008 edition of the charter.
5. Quotation marks were added at the end of the section proposing amended
language.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
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RECOMMENDATIONS FOR CA-23
Relating to Electronic Notices
In addition to the above general recommendations, the following are specific
recommendations for CA-23:
1. Quotation marks were added at the beginning and end of each section proposing
amended language.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
2. Within the text of the proposed amendment, the punctuation was placed in the
correct ramseyer format.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual on the placement of punctuation when adding or deleting
punctuation marks.
3. The spacing between sections has been adjusted as appropriate.
Reason: This is a formatting change to more clearly indicate where one
section ends and the next begins.
4. In section 1, amending subsection (c) of charter section 3-10, item (3) incorrectly
includes the word “or” as it relates to a duty or penalty being imposed on any
person. This should be “on.”
Reason: The use of the word “or” would be grammatically incorrect and in
the 2008 edition of the charter, the word used is “on.”
5. In section 5, amending charter section 11-4(p), the title of section 11-4 was
removed.
Reason: Since this section is just amending a subsection of section 11-4,
the title is unnecessary.
6. In section 8, amending charter section 15-3, the first line of the section as well as
the line that begins “The commission shall publish…” has been indented
Reason: This is a formatting change so that this section is consistent with
the rest of the charter.
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RECOMMENDATIONS FOR CA-26
Relating to Conservation of Natural and Cultural Resources
In addition to the above general recommendations, the following are specific
recommendations for CA-26:
1. In section 1, new language is inserted in the prefatory language that states that the
new section is “to be appropriately designated….”
Reason: This is for clarity to allow the revisor of the charter to place this
amendment in Article XIII where it would be appropriate.
2. A new section 2 has been included indicating that if this amendment passes, the
underscoring will not appear in the revised charter.
Reason: This is being provided for clarity.
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RECOMMENDATIONS FOR CA-29
Relating to the Powers, Duties, and Functions of the Prosecuting Attorney
In addition to the above general recommendations, the following are specific
recommendations for CA-29:
1. In section 1, amending charter section 9-3 by adding subsection (b)(4), the words
“city appear twice. These have been replaced with “county.”
Reason: The County of Hawai‘i does not have an incorporated city, thus
the reference to “city” would be inappropriate.
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RECOMMENDATIONS FOR CA-36
Relating to Housekeeping Amendments
In addition to the above general recommendations, the following are specific
recommendations for CA-36:
1. The spacing between sections has been adjusted as appropriate.
Reason: This is a formatting change to more clearly indicate where one
section ends and the next begins.
2. Within the text of the proposed amendment, the punctuation was placed in the
correct ramseyer format.
Reason: This is in accordance with the formatting style of the Legislative
Drafting Manual on the placement of punctuation when adding or deleting
punctuation marks.
3. Quotation marks were added at the beginning and end of each section proposing
amended language where appropriate.
Reason: This is a formatting change to clearly indicate where the proposed
amended language begins and ends to inform the revisor of what language
to include or delete from the charter.
4. In section 2, amending Article I of the charter, the portion amending section 1-1
incorrectly references “the charter.” It should be “this charter.”
Reason: The 2008 edition of the charter uses the words “this charter.”
5. In section 21, amending charter section 6-7.5, subsection (b), the body of the text
has been indented to the right.
Reason: This is a formatting change to make this subsection consistent
with other subsections in the charter.
6. In section 23, amending charter section 6-8.2, the first line of the text has been
indented.
Reason: This is a formatting change, making this section consistent with
the other sections of the charter.
7. In section 25, amending charter section 6-9.2, items (a) through (c) have been
indented further.
Reason: This is a formatting change to make these items consistent with
the format of other items in the charter.
8. In section 32, amending charter section 7-3.4, under item (c) some text was
omitted. The full item would read, with the omitted text included and underlined
for illustrative purposes: “Investigate complaints regarding violations of the liquor
control laws of the State or complaints regarding violations of rules and
regulations established by the liquor commission and report such violations to the
prosecuting attorney of the county.”
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Reason: This text was inadvertently omitted and no discussions during the
commission’s proceeding indicated that it should be taken out. Therefore,
it has been replaced.
9. In sections 41 and 42, amending charter section 10-6, section 42 has been added
to section 41 and all subsequent sections have been renumbered.
Reason: Since section 41 and 42 are amending the same charter section
and subsection, the two could have been combined into one amendment.
10. In original section 45, amending charter section 11-4, subsection (d), the reference
to “Section 11-4(b)” has been replaced with “subsection (b).”
Reason: This change is in accordance with the Legislative Drafting
Manual when referencing a subsection within the same section.
11. In original section 46, amending charter section 11-4, subsection (g), the term
“County of Hawai‘i” was replaced with “county.”
Reason: This was a formatting change since this charter only applies to
this county.
12. In original section 51, amending charter section 11-7, subsection (d), the reference
to the “Hawai‘i county council” was changed to just “county council.”
Reason: This was a formatting change since the reference can only apply
to the county council of this county.
13. In original section 52, amending charter section 12-1.3, the first sentence
incorrectly uses the word “singing.” This has been changed to the correct word
“signing.”
Reason: This is a spelling error and the 2008 edition of the charter uses the
correct word “signing.”
14. In original section 57, amending charter section 13-1, the addition of item (g) has
been removed and returned to its original format.
Reason: The purpose of that text is to refer to the sub-items of item (f).
Therefore it would have been inappropriate to make that text a separate
item.
15. In original section 70, amending charter section 16-10, the proper diacritical mark
was placed in the section title.
Reason: This would be consistent with the usage of the word “Hawai‘i” in
the charter.
16. A new section was added which would give the revisor of the 2010 charter the
authority to correct any other spelling errors or formatting errors in the charter
that this amendment may have missed. Formatting errors were narrowly defined
so that the revisor does not have very much discretion in the changes that may be
made to the charter.
25
Reason: While this amendment has sought to be comprehensive of the
formatting and spelling errors found in the charter, inevitably more may be
found with the new charter amendments as well as in the existing charter.
This provision would give the revisor the authority to make the charter
into as clean a document as possible and would apply only to the 2010
charter.
26
RECOMMENDATIONS FOR CA-38
Relating to Initiation of Charter Amendments or Revisions
The general recommendations above apply to CA-38. No specific recommendations are
being made.
27
CA-1: Relating to the Department of Water Supply
This proposal was brought forward by the department of water supply. It would rename
the head of the department from “manager” to “manager-chief engineer.” The commission
found that the change in title reflects the qualifications required for the position.
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:
“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] 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] 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] Manager-Chief Engineer and Deputy.
The [manager] 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] manager-chief engineer with the confirmation of the water board and
may be removed by the [manager] manager-chief engineer with the approval of the water board.
The [manager] manager-chief engineer shall be a registered engineer and shall have had a
minimum of five years’ experience in an administrative capacity.
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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. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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 its approval by the electorate.
29
CA-2: Relating to Data Systems
This proposal was originally brought forward to correct an inadvertent error in previous
editions of the charter. The data systems department needs to be moved from Article V of the
charter, to Article VI under the supervision of the managing director. During the course of
discussions with the administration, it was found to be desirable to change the name from data
systems to “department of information technology” to more accurately reflect the function of the
department. The duties and scope of the department remain unchanged.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article V, chapter 2, Hawai‘i County Charter, is repealed.
Section 2. Article VI, Hawai‘i County Charter, is amended by adding a new chapter to be
appropriately designated and to read as follows:
“CHAPTER __
DEPARTMENT OF INFORMATION TECHNOLOGY
Section 6-__.1. Organization.
There shall be a department of information technology consisting of the director of
information technology and necessary staff.
Section 6-__.2. Appointment and Removal.
The director of information technology shall be appointed by the mayor, confirmed by
the council and may be removed by the mayor.
Section 6-__.3. Qualifications.
The director of information technology shall have had a minimum of five years of
experience in the field of electronic data processing, telecommunications networking, and
development, implementation and operation of business-oriented applications, at least three years
of which shall have been in an administrative and managerial capacity in a computer system
environment at least comparable to that of the county’s system.
Section 6-__.4. Powers, Duties and Functions.
The director of information technology shall:
(a) Operate the central data processing system, and coordinate and oversee the
operations of departmental data processing systems, except for those systems
maintained by the department of water supply.
(b) Provide technical expertise in data processing and telecommunication to
applicable departments and agencies of the county.
30
(c) Assist in the development of management information.
(d) Advise the mayor on matters relating to data processing and telecommunication.
(e) Perform such other duties as may be required by law.”
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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 its approval by the electorate.
31
CA-3: Relating to the Fire Department
This proposal would correct an inadvertent error in previous editions of the charter.
When the provisions provided below were first approved by the electorate, it was placed in
Article VI of the charter. The fire department, however, should be placed in Article VII because
it is a department that serves under a board or commission. No substantive changes have been
made to the existing provisions of this chapter.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, chapter 4, Hawai‘i County Charter, is repealed.
Section 2. Article VII, Hawai‘i County Charter, is amended by adding a new chapter to be
appropriately designated and to read as follows:
“CHAPTER __
HAWAI‘I FIRE DEPARTMENT
Section 7-__.1. Organization.
There shall be a Hawai‘i fire department consisting of a fire chief, a deputy fire chief, a
fire commission and the necessary staff. The fire chief shall be the administrative head of the
Hawai‘i fire department.
Section 7-__.2. Statement of Policy.
It is hereby declared to be the purpose of this chapter to establish in the county a system
of fire protection and prevention and emergency services which shall be based on qualified and
professional leadership and personnel. In order to achieve this purpose, the Hawai‘i fire
department shall be operated in accordance with the following:
(a) Standards for recruitment shall be designed to attract into the department persons
with high degrees of education, intelligence and personal stability.
(b) Promotions and other personnel actions shall be based upon fair and appropriate
standards of merit, ability and work performance.
(c) Appropriate training shall be provided to the maximum extent possible and
practicable.
Section 7-__.3. Fire Chief.
The fire chief shall be appointed by the fire commission and may be removed by the fire
commission at its sole discretion. Any motion for removal of the fire chief must contain a
statement of reasons, and the fire chief must be allowed to respond to the statement of reasons
before being removed. The fire chief shall have had a minimum of five years of training and
32
experience in fire control, including at least three years of experience in a responsible
administrative capacity.
Section 7-__.4. Powers, Duties and Functions.
The fire chief shall:
(a) Perform firefighting and emergency services in order to save lives and property
from fires and from emergencies arising on land, on the sea and hazardous terrain.
(b) Train, equip, maintain and supervise a force of firefighting and emergency
services personnel.
(c) Monitor the construction and occupancy standards of buildings for the purposes
of fire prevention and life safety.
(d) Provide educational programs related to fire prevention and life safety.
(e) Appoint the deputy fire chief and the private secretaries to the fire chief and the
deputy fire chief.
(f) Have such other powers, duties and functions as may be required by ordinance.
Section 7-__.5. Fire Commission.
There shall be a fire commission, which shall consist of nine members. One member
shall be a resident of each council district. The commission may appoint such staff and engage
such consultants as necessary for the performance of its duties. The members shall be appointed
by the mayor and confirmed by the council in the manner prescribed in Section 13-4.
Section 7-__.6. Powers, Duties and Functions.
The fire commission shall:
(a) Adopt rules necessary for the conduct of its business and review rules for the
administration of the department.
(b) Review the annual budget prepared by the fire chief and make recommendations
thereon to the mayor, the managing director and the council.
(c) Review the department’s operations, as deemed necessary, for the purposes of
recommending improvements to the fire chief.
(d) Evaluate at least annually the performance of the fire chief and submit a report to
the mayor, the managing director and the council.
(e) Review personnel actions within the department for conformance with the
policies under Section 7-__.2 of this charter.
(f) Hear complaints of citizens concerning the department or its personnel and, if
necessary, make recommendations to the fire chief on appropriate corrective
actions.
(g) Submit an annual report to the mayor, managing director and the council on its
activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs of the
department.”
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
33
Section 4. This amendment shall take effect upon its approval by the electorate.
34
CA-4: Relating to Civil Service Laws
This proposal was brought forth by the director of human resources. It deletes several
references to civil service laws from the charter. The reason for this change is because the state
law is controlling when it comes to civil service laws. Thus, any references to civil services laws
may be trumped by state provisions. To avoid any confusion or perceived conflicts, all
references in the charter are proposed to be removed.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, section 3-6, Hawai‘i County Charter, is amended by amending
subsection (b) to read as follows:
“(b) The council shall appoint the county clerk [which position shall be exempt from civil
service laws and classifications]. The county clerk shall:
(1) Be the clerk of the council.
(2) Be custodian of the county seal.
(3) Conduct all elections held within the county.
(4) Appoint the deputy county clerk, with the approval of the council [, and such
position shall be exempt from civil service laws and classifications].
(5) Perform such other functions as the council may prescribe.
(6) Appoint necessary staff for which appropriations have been made by the
council [, subject to civil service laws and classifications,] and exercise the
same power with respect to the personnel of the clerk’s office as the department
heads in the executive branch, with the exception of the office of the legislative
auditor.”
Section 2. Article IV, section 4-5, Hawai‘i County Charter, is amended to read as follows:
“Section 4-5. Powers and Duties of Agency Heads.
Subject to the provisions of this charter, the administrative heads of each agency or
executive agency of the county shall have the power to:
(a) Appoint and remove a deputy or assistant and a private secretary [and such
positions shall be exempt from civil service laws and classifications]. No such
appointment shall be made unless the positions have been created and
appropriations therefor have been made by the council.
(b) Appoint necessary staff for which appropriations have been made by the council.
(c) Take all personnel actions including the assignment of reassignment of duties to
employees within the salary ordinance; provided, that if such assignment or
reassignment of duties shall affect the compensation of the employees, written
approval must first be obtained from the mayor and a report thereon must be
submitted to the council within thirty days.
35
(d) Supervise the performance of duties by all employees.
(e) Except as otherwise provided by this charter and subject to the approval of the
mayor, prescribe such rules as are necessary for the organization and internal
administration of the agency.
(f) Perform such duties as are prescribed by this charter and such other duties as may
be assigned by the mayor and managing director.”
Section 3. Article V, chapter 1, section 5-1.3, Hawai‘i County Charter, is amended to read as
follows:
“Section 5-1.3. Powers, Duties and Functions.
The mayor shall be the chief executive officer of the county vested with all the executive
powers of the county, except as otherwise provided by this charter. The mayor shall have the
power to:
(a) Through the managing director supervise and coordinate all executive agencies of
the county, except as otherwise provided by this charter.
(b) Appoint necessary staff for which appropriations have been made by the council.
[All positions in the mayor’s office shall be exempt from civil service laws and
classifications.]
(c) Create positions, including position of deputy or assistant to each head of an
agency where such position has not been created by this charter, for which
appropriations have been made by the council and abolish positions with the
consent of the council.
(d) Make transfers of positions between agencies or between subdivisions of agencies
[subject to applicable civil service regulations].
(e) Recommend to the council a pay plan for all officers and employees of the county
or any of its boards and commissions, except those whose pay is otherwise
provided for; provided that the salary of any officer or employee who is exempt
from the civil service laws shall be subject to approval by the council and the
mayor.
(f) Submit an operating budget, an operating program, a capital budget and a capital
program annually to the council.”
Section 4. Article VI, chapter 3, section 6-3.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-3.4. County Bands.
The county bands shall be a part of the department of parks and recreation for
administrative purposes[. The bandmasters shall be appointed by the mayor and may be
removed by the mayor. The members of the bands and other employees connected therewith
shall be appointed by the bandmasters and may be removed by the bandmasters with the
approval of the managing director, and all positions in the bands shall be exempt from civil
service laws and classifications.]; provided, the appointing authority for the bandmasters shall be
the mayor, and the appointing authority for the band members shall be the appropriate
bandmaster.”
36
Section 5. Article VI, chapter 9, section 6-9.1, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-9.1. Clerical Pool.
There may be a clerical pool consisting of such positions as the mayor may recommend
and for which appropriations have been made by the council. The purpose of such pool shall be
to provide periodic staff assistance to the various agencies of the county when necessitated by
heavy workloads. The clerical pool shall be attached to the mayor’s office for purposes of
administration, assignment and coordination [but the personnel of the clerical pool shall be
subject to the civil service laws of the State].”
Section 6. Article VII, chapter 1, section 7-1.5, Hawai‘i County Charter, is repealed:
[“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. Article VII, chapter 2, section 7-2.5, Hawai‘i County Charter, is repealed:
[“Section 7-2.5. Dismissal, Suspension, Demotion, or Grievance.
The dismissal, suspension, demotion, or grievance of any police officer or employee in
the police department shall be under procedures set forth by civil service laws and regulations.”]
Section 8. Article XIII, section 13-3, Hawai‘i County Charter, is amended to read as follows:
“Section 13-3. Appointments[.]; Civil Service; Exemptions.
(a) All appointments to positions prescribed in this charter shall be subject to applicable
provisions of the civil service laws of the State. Where civil service laws are not
applicable, a position shall be considered exempt from civil service, provided, civil
service laws may exempt certain positions yet require such position to be included in the
position classification plan prescribed by such civil service laws.
(b) No appointing authority shall appoint any person to any office or position which is
exempt from the civil service laws until satisfied by proper investigation that the person
to be appointed is fully qualified by experience and ability to perform the duties of that
office or position.”
Section 9. Article XIII, section 13-9, Hawai‘i County Charter, is repealed:
[“Section 13-9. Non-Civil Service Status and Classification.
From and after the full effective date of this charter, no employees or officers of the
county who are exempt from the civil service laws shall have their positions included in a
position classification plan established under the civil service laws.”]
37
Section 10. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 11. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 12. This amendment shall take effect upon its approval by the electorate.
38
CA-5: Relating to Membership of the Merit Appeals Board
This proposal was brought forth by the director of human resources and seeks to stagger
the terms of the merit appeals board membership. It provides the process for the transition.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VII, chapter 1, section 7-1.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-1.2. Merit Appeals Board.
(a) The 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].
(1) The new board member who will replace the board member whose term
expires on December 31, 2010 shall serve a four year term ending on
December 31, 2014.
(2) Of the two new board members who will replace the board members whose
terms expire on December 31, 2012, one shall serve a three year term ending
on December 31, 2015 and the other shall serve a four year term ending on
December 31, 2016.
(3) Of the two new board members who will replace the board members whose
terms expire on December 31, 2013, one shall serve a four year term ending
on December 31, 2017, and the other shall serve a five year term ending on
December 31, 2018.
Thereafter, board members shall serve five year terms in the manner prescribed in
Section 13-4.
(b) 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 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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 its approval by the electorate.
39
CA-6: Removal of Directors Serving Under Commissions
This proposal was also brought forth by the director of human resources. It would
require additional steps to remove directors who serve under commissions. These steps would
require a statement of reasons for the removal as well as a hearing by the commission where the
director sought to be removed has an opportunity to respond to the reasons for removal. The
directors affected are the director of human resources, director of liquor control, the fire chief,
and the director of water supply. Under the 2008 edition of the charter, the chief of police is
already afforded these protections and this proposal would make the other provisions consistent
with the police practice.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VII, chapter 1, section 7-1.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-1.3. Director.
The director of human resources shall be appointed by the merit appeals board and may
be removed by the merit appeals board. Any motion for removal of the director of human
resources must contain a statement of reasons, and the board shall not vote to remove the director
of human resources unless the director of human resources has been given an opportunity to
respond to the statement of reasons at a hearing before the board.”
Section 2. Article VII, chapter 3, section 7-3.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-3.4. Director of the Department of Liquor Control.
(a) The director of the department of liquor control shall be appointed by the liquor
commission and may be removed by the liquor commission. Any motion for removal of
the director of the department of liquor control must contain a statement of reasons, and
the commission shall not vote to remove the director of the department of liquor control
unless the director of the department of liquor control has been given an opportunity to
respond to the statement of reasons at a hearing before the commission.
(b) The director of the department of liquor control shall:
[(a)] (1) Be the administrative head of the department.
[(b)] (2) Provide clerical and administrative services for the liquor commission and the
liquor control adjudication board, including the submission of budget for the
operation of the department.
[(c)] (3) Investigate complaints regarding violations of the liquor control laws of the
State or complaints regarding violations of rules and regulations established
by the liquor commission and report such violations to the prosecuting officer
of the county.”
40
Section 3. Article VI, chapter 4, section 6-4.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-4.3. Fire Chief.
(a) The fire chief shall be appointed by the fire commission and may be removed by the fire
commission at its sole discretion. Any motion for removal of the fire chief must contain
a statement of reasons, and the commission shall not vote to remove the fire chief unless
the fire chief [must be allowed] has been given an opportunity to respond to the statement
of reasons [before being removed.] at a hearing before the commission.
(b) The fire chief shall have had a minimum of five years’ training and experience in fire
control, including at least three years’ experience in a responsible administrative
capacity.”
Section 4. Article VIII, section 8-3, Hawai‘i County Charter, is amended to read as follows:
“Section 8-3. Manager and Deputy.
(a) The manager of the department of water supply shall be appointed by the water board and
may be removed by the water board. Any motion for removal of the manager of the
department of water supply must contain a statement of reasons, and the board shall not
vote to remove the manager of the department of water supply unless the manager of the
department of water supply has been given an opportunity to respond to the statement of
reasons at a hearing before the board.
(b) The deputy shall be appointed by the manager with the confirmation of the water board
and may be removed by the manager with the approval of the water board.
(c) The manager shall be a registered engineer and shall have had a minimum of five years’
experience in an administrative capacity.”
Section 5. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 6. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 7. This amendment shall take effect upon approval by the electorate.
41
CA-7: Relating to Recall
This proposal would amend the recall provisions of the charter. It was found that the
number of signatures required for a recall petition were overly prohibitive. Therefore, the
number of signatures required is proposed to be based on the total number of valid votes cast in
the last general election instead of the number of persons who were registered to vote in the last
general election. The number of votes required in a recall election would also be based on the
valid votes cast in the last general election. This makes all the terms consistent. Also, the
information required to be collected of a signer of a recall petition are proposed to be amended to
better allow the county clerk to verify the identity and validity of a signature. Lastly, this
proposal would give the county clerk more time to verify a recall petition to ease the burden on
staff.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XII, chapter 1, section 12-1.1, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.1. Recall Procedure.
In addition to impeachment procedures, any elective officer may be removed from office
by the voters of the county. The procedure to effect such removal shall be in accordance with this
article.
A petition demanding that the question of removing such official be submitted to the
voters shall be addressed to the council and filed with the county clerk.
(a) A petition demanding recall of an official elected at-large, or by voters of the entire
county, as the case may be, shall be signed by qualified voters equal to or greater than
twenty-five percent of the total [number of persons who registered] valid votes cast in
the last general election.
(b) A petition demanding recall of a district council member shall be signed by qualified
voters equal to or greater than twenty-five percent of the total [number of persons
who registered] valid votes cast in the district in the last general election.
(c) The term “qualified voter” means a person who is registered to vote in the county on
the day that the clerk begins the examination to determine the sufficiency of the
signatures on the petition.”
Section 2. Article XII, chapter 1, section 12-1.3, Hawai‘i County Charter, is amended to read
as follows:
42
“Section 12-1.3. Signatures.
Signers of a recall petition shall print their [names and their signature, their residence
address, and the date of signing on said petition.] name, which shall be reasonably similar to
their name as it appears on the general county register for the County of Hawai‘i, and add their
signature, residence address, month and day of their birth date, and the last four digits of their
social security number on said petition. To each such petition paper there shall be attached an
affidavit of the circulator thereof, stating the number of signers to such part of the petition and
that each signature appended to the paper was made in the circulator’s presence and is believed
to be the genuine signature of the person whose name it purports to be, and that each signer
understood the nature of the recall petition.”
Section 3. Article XII, chapter 1, section 12-1.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.4. Filing and Certification.
All papers comprising a recall petition shall be assembled and filed with the county clerk
as one instrument within [thirty (30) days] one hundred twenty days in the case of recall of an
official elected at-large and ninety days in the case of recall of a council member after the filing
with the clerk of the affidavit stating the name and office of the officer sought to be removed.
Within thirty working days from the filing of such petition, the clerk shall determine if the
petition contains sufficient signatures and prepare a certificate showing the result of the
examination. If the clerk shall certify that the petition is insufficient, the clerk shall set forth in
the certificate the particulars in which the petition is defective and shall return a copy of the
certificate to the person designated in such petition to receive it.”
Section 4. Article XII, chapter 1, section 12-1.5, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.5. Supplemental Petitions.
In the event the initial petition contained insufficient signatures, such recall petition may
be supported by supplemental signatures of voters signed in the manner required in Section 12-
1.3 of this article appended to petitions issued, signed, and filed as required for the original
petition at any time within ten days after the date of the certificate of insufficiency by the clerk.
The clerk shall, within [five] ten working days after such supplemental petitions are filed, make a
like examination of them, and if the certificate shall show the same to be still insufficient, the
clerk shall return it in the manner described in Section 12-1.4 of this article to the person
designed in such petition to receive the same, and no new petition for the recall of the officer
sought to be removed shall be filed within one year thereafter.”
Section 5. Article XII, chapter 1, section 12-1.6, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.6. Recall Election.
43
(b) If a recall petition or supplemental petition shall be certified by the clerk to be sufficient,
the clerk shall at once submit the same with the certificate to the council and shall notify
the officer sought to be recalled of such action.
(c) If the official whose removal is sought does not resign within ten (10) days after such
notice, the council shall thereupon order and fix a day for holding a recall election. Any
such election shall be held not less than sixty (60) nor more than ninety (90) days after
the petition has been presented to the council, or at the same time as any other special
election held within such period, the council shall call a special recall election to be held
within the time aforesaid.
[If less than fifty percent of the total number of persons who registered in the last general
election shall vote at such election to recall an official elected at-large, or by voters of the
entire county, as the case may be, or in the case of a recall of a district council member, if
less than fifty percent of the total number of persons who registered in the district in the
last general election shall vote at such recall election, the officer sought to be recalled
shall not be deemed recalled.]
(1) For recall elections of officials elected by voters of the entire county, if the total
of votes cast is less than fifty percent of the valid votes cast in the last general
election, the officer sought to be recalled shall not be deemed recalled.
(2) For recall elections of district council members, if the total of votes cast is less
than fifty percent of the valid votes cast in the district in the last general election,
the officer sought to be recalled shall not be deemed recalled.”
Section 6. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 7. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 8. This amendment shall take effect upon approval by the electorate.
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CA-9: Relating to Notices of Special Meetings
This proposal would add a requirement of posting notices of special meetings in an
electronic format. This would be in addition to all other requirements for posting a notice of a
special meeting. During the discussions of the commission it was found that at times, it may not
be practicable to post an electronic notice of a special meeting in the event there is a loss of
power. If the electronic posting was mandated for every special meeting, a loss of power at the
time of posting would prohibit the meeting from being held. Therefore, the language requires
the electronic posting only if it is possible to do so.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XIII, section 13-20, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) The time and place of all regular meetings of the council, board or commission shall be
provided in the rules adopted for the conduct of its business. Except as otherwise
provided in this charter, a special meeting may be called by the presiding officer of the
council, board or commission when the date, time and place of such special meeting are
announced prior to adjournment of a regular meeting; otherwise a special meeting can be
called only upon the publication of a notice of such meeting in at least two daily
newspapers of general circulation in this county at least twenty-four hours in advance of
such meeting. If the requirement with respect to publication of notice cannot be met
because of insufficient time, the meeting notice shall be made by broadcasting a
minimum of three announcements in the English language over FCC licensed public
radio stations in this county or television stations with local audience. Such
announcements shall be broadcast at least twenty-four hours in advance of such meeting.
To assure the widest possible coverage, the meeting notice shall be released to radio
stations in this county and the announcements shall be programmed to be heard between
the hours of 7:00 A.M. to 5:00 P.M. In addition to the above requirements, notice of such
special meeting shall be conspicuously posted on the bulletin board of the Hawaii County
Building[.] and, if possible, an electronic notice shall be linked on the appropriate
council, board or commission webpage. A brief resume of the principal business to be
taken up at such meeting shall be stated in the posted notice as well as in the notice
released to the news media.”
Section 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
45
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
46
CA-10:
Relating to the Powers, Duties, and Functions of the Department of Environmental
Management
This proposal was brought forth by the director of environmental management. The
commission found that it is desirable for the director of environmental management to have some
flexibility in carrying out their duties by permitting some direction from the mayor as prescribed
in addition to the charter’s other requirements or those prescribed by ordinance.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, chapter 10, section 6-10.4, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.4. Powers, Duties and Functions.
The department of environmental management shall manage the solid waste, wastewater,
and recycling programs of the county, and exercise other functions as prescribed by the mayor or
prescribed by ordinance.”
Section 2. 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 underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
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CA-11:
Relating to the Qualifications of the Director of Environmental Management
This proposal was brought forth by the director of environmental management. It would
require the director of the department of environmental management to possess certain
educational qualifications. The commission determined that the environmental issues of the
county are complex and that setting minimum educational qualifications for the director of that
department are desirable.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article VI, chapter 10, section 6-10.3, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.3.
The director of environmental management 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’ administrative experience in a related field[.] and an engineering degree or a degree in
a related field.”
Section 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
48
CA-12: Relating to the Initiation of Charter Amendments or Revisions
This proposal would amend the number of signatures required for a citizen initiated
charter amendment or revision. It also amends the required information that a signer of a
petition must provide, and gives the county clerk more time to verify the signatures on a petition.
The commission found that the current number of signatures required for a petition is unduly
high. Therefore, the commission decided to amend the required number from twenty percent of
the registered voters in the last general election, to twenty percent of the valid votes cast in the
last general election. While the percentage remains the same, the number that the percent is
based on is reduced. Additionally, the new information required of signers would give the
county clerk more information to verify the authenticity of the signature on a petition and the
additional time for verifying a petition would ease the burden on staff.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XV, section 15-1, Hawai‘i County Charter, is amended to read as follows:
“Section 15-1. Initiation of Amendments or Revisions.
Amendments or revisions of this charter may be initiated only in the following manner:
(a) By ordinance of the council adopted after three readings on separate days and
passed by the affirmative vote of two-thirds of the entire membership.
(b) By petition presented to the council, signed by qualified electors equal in number
to at least twenty percent of the [registered voters for] valid votes cast in the last
preceding general election, setting forth the proposed amendments or revisions.
Such petition shall designate and authorize not less than three nor more than five
of the signers thereto to approve any alteration or change in the form or language
or any restatement of the text of the proposed amendments or revisions which
may be made by the corporation counsel.
Each elector signing such petition shall print their [names, add their signatures, residence
address, and the dates of signing on said petition.] name, which shall be reasonably similar to
their name as it appears on the general county register for the County of Hawai‘i, residence
address, and add their signature, month and day of their birth date, and the last four digits of their
social security number on said petition. Signatures may be on separate sheets but each sheet
shall have appended to it the affidavit of some person that to the best of the affiant’s knowledge
and belief the persons whose signatures appear on the sheet are registered electors of the county,
that they signed with knowledge of the contents of the petition and that their residences are
correctly given.
Upon filing of such petition with the council, the county clerk shall examine the same to
see whether it contains a sufficient number of apparently genuine signatures of registered voters.
The clerk may question the genuineness of any signature appearing on the petition or affidavit.
If the clerk finds that any such signature on the petition or affidavit is not genuine, the clerk shall
disregard such signature. The clerk shall eliminate any sheet of the petition which is not
49
accompanied by a valid affidavit. The invalidity of any sheet shall not affect the validity of the
petition if a sufficient number of signatures remain after eliminating such invalid sheet. The
clerk shall complete the examination of the petition within [twenty] thirty working days.”
Section 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
50
CA-13: Relating to Mandatory Charter Review
This proposal would change the appointment date of the members of the charter
commission. The commission found that it was initially very pressed for time in fulfilling their
duties. Currently, the commission must be in place by January 15 of a charter review year. This
proposal would require the commission to be in place by July 1 of the year prior to a charter
review year. The state law would still require that the commission submit a report to the county
council within a year of its appointment. The benefit of this proposal would be at the tail end
during the public education portion.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XV, section 15-3, Hawai‘i County Charter, is amended to read as follows:
“Section 15-3. Mandatory Charter Review.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than the
[fifteenth day of January of the charter review year,] first day of July prior to the charter review
year, the mayor with the confirmation of the council, shall appoint a charter commission
composed of eleven members to study and review the operation of the government of the county
under this charter. Commission members, no more than a majority of whom shall belong to the
same political party, shall be representative of the various geographical areas of Puna, Ka‘u,
Kona, Kohala, Hamakua, and Hilo. The council shall appropriate funds to enable the
commission to carry out its duties, including the hiring of necessary staff.
The commission shall hold at least one public hearing in each of the geographical areas.
The commission may propose amendments to the existing charter or a draft of a new charter
which shall be submitted to the county clerk. Upon receipt of the amendments or charter in the
form as proposed by the commission, the county clerk shall provide for the submission of such
amendments or charter to the electors of the county at either a special election as determined by
the commission or at the first general election following the charter review year. The
commission shall prepare the language of the question to be submitted to the voters for each of
the amendments it proposes.
The commission shall publish not less than forty-five days before any election, at least
once in at least two daily newspapers of general circulation within the county, a brief digest of
the amendments or charter and the purpose thereof and a notice to the electorate that copies of
the amendments or charter are available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is ratified
or rejected.
If the majority of voters voting upon a charter amendment votes in favor of it or a new
charter, if a new charter is proposed, the amendment or new charter shall become effective at the
time fixed in the amendment or charter.”
51
Section 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
52
CA-15: Relating to a Public Access, Open Space, and Natural Preservation Fund
This proposal would memorialize certain aspects of the current open space fund in the
county charter. The commission found that this was by far one of the more controversial
proposals considered by the commission. Overall, the commission found that it is desirable for
the county to have an open space fund. The proposal below is entirely new charter language
which would establish the open space fund and the provisions of what it may be used for.
Additionally, it sets a minimum payment of one percent of the certified real property tax
revenues, including penalty and interest, to be paid into the fund in addition to other sources of
revenue. This proposal does not conflict with the current open space ordinance and will not go
into effect until July 1, 2011, when the current moratorium of payments into the fund sunsets.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article X, Hawai‘i County Charter, is amended by adding a new section to be
appropriately designated and to read as follows:
“Section 10-__. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year’s budget and capital program, the council shall appropriate a
minimum of one percent of the certified real property tax revenues, including penalty and
interest, to a fund known as the public access, open space, and natural resources
preservation fund. Deposits to the fund shall occur at a minimum, on a quarterly basis.
(b) Funding shall consist of a minimum of one percent of actual revenue received in the
fiscal year. Additional revenue may consist of grants and private contributions intended
for the purpose of this section, voluntary contributions of any amount as specified on the
real property tax bill, proceeds from the sale of general obligation bonds authorized and
issued for the purpose of this section, council appropriations for the purpose of this
section, and grants and private contributions intended for the purpose of this section, and
any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands or property entitlements in the County of
Hawai‘i for public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco-systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds issued
in whole for the purpose of this fund.
53
(d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall
remain in the fund accumulating interest from year to year. The moneys in this fund shall
not be used for any purpose except those listed in this section.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.”
Section 2. 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 underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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 on July 1, 2011.
54
CA-17: Relating to the Reapportionment Commission
This proposal would rename the reapportionment commission to the “redistricting
commission” and adherence to the redistricting criteria. The commission found that the
reapportionment commission should be renamed to the redistricting commission to better reflect
the actual duties of the commission. The redrawing of district lines is more accurately referred
to as redistricting, and not reapportionment, although the terms are sometimes used
synonymously. Additionally, the commission found that it is desireable for the redistricting
commission to be appointed much earlier so that the commissioners can get up to speed on their
duties and their legal obligations while serving on the commission. This provision, however,
does not go into effect for the 2011 commission. Also, a report of the redistricting commission
must be filed with the county clerk with a clear explanation of the reasons for their redistricting
plan and how their plan complies with the requirements of charter section 3-17(g). Public
hearing requirements were also added because the commission determined that public input on
such a plan is highly desirable. Lastly, the commission determined that more weight should be
given to the criteria of section 3-17(g); therefore the redistricting commission shall now “adhere”
to the criteria instead of merely being “guided” by them.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, section 3-17, Hawai‘i County Charter, is amended to read as follows:
“Section 3-17. County [Reapportionment] Redistricting Commission.
(a) There shall be a county [reapportionment] redistricting commission which shall establish
the boundaries of the council districts.
(b) The initial [reapportionment] redistricting commission shall consist of seven members,
two of whom shall be residents of the combined judicial districts of North and South
Hilo, one from the judicial district of Puna, one from the judicial district of Ka’u, one
from the combined judicial districts of North and South Kona, one from the combined
judicial districts of North and South Kohala, and one from the judicial district of
Hamakua. The members shall be appointed by the mayor and confirmed by the council
in the manner prescribed in Section 13-4.
(c) Each subsequent [reapportionment] redistricting commission shall consist of nine
members. One member shall be a resident of each council district as established by the
previous [reapportionment] redistricting commission. The members shall be appointed
by the mayor and confirmed by the council in the manner prescribed in Section 13-4.
(d) The year 1991 and every tenth year thereafter shall be [reapportionment] redistricting
years. The [reapportionment] redistricting commission shall be appointed and confirmed
by [March 1 of the reapportionment year,] July 1 of the year immediately preceding the
redistricting year, and shall file a [reapportionment] redistricting plan with the county
clerk by December 31 of the [reapportionment] redistricting year. A report shall be filed
with the redistricting plan providing an explanation of the commission’s reasoning for the
plan and how the plan complies with the criteria provided in subsection (g). The
55
[reapportionment] redistricting commission shall be dissolved after the filing of the
[reapportionment] redistricting plan.
(e) Prior to completing a draft of the redistricting plan, the commission shall hold at least one
public hearing in each of the nine council districts. Upon completion of a draft
redistricting plan, the commission shall hold at least one public hearing in east Hawai‘i
and one in west Hawai‘i.
[(e)](f)The county clerk shall furnish all necessary technical and secretarial services for the
[reapportionment] redistricting commission. The council shall appropriate necessary
funds to enable the commission to carry out its duties.
[(f)](g)The [reapportionment] redistricting commission shall [be guided by] adhere to the
following criteria in establishing the boundaries of the council districts:
(1) No district shall be drawn to unduly favor or penalize a person or political faction;
(2) Insofar as possible, districts should be contiguous and compact;
(3) District lines shall, where possible, follow permanent and easily recognizable
features;
(4) Districts shall have approximately equal resident populations as required by
applicable constitutional provisions.
[(g)](h)The district boundaries as established by the [reapportionment] redistricting commission
shall be in effect at the first regularly scheduled council election following the filing of
the plan and for any subsequent council election. The district boundaries in effect prior
to the filing of the [reapportionment] redistricting plan shall remain in effect during the
duration of the term of all councilmembers elected or appointed to represent such districts
until the expiration of the full term of such councilmembers, including any election held
to fill an unexpired term under Section 3-5.”
Section 2. The provision of appointing the members of the redistricting commission by July
1 of the year immediately preceding the redistricting year shall not apply to the 2011 redistricting
commission. The 2011 redistricting commission shall be appointed in the manner of Section 3-
17(d) of the 2008 edition of the charter.
Section 3. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 4. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 5. This amendment shall take effect upon approval by the electorate.
56
CA-23: Relating to Electronic Notification with Newspaper Notification
This proposal would require notification via an electronic medium, such as the internet,
whenever newspaper notifications are required. The commission found that electronic
communication is becoming increasingly common. As such, the county should take advantage
of technology for distributing information. The requirement to issue notifications via the
newspaper was retained because many citizens depend on print sources for information.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article III, section 3-10, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) Bills embracing:
(1) the fixing of special assessments for the cost of improvements;
(2) the appropriation of public funds or authorization of the issuance of general
obligation bonds or
(3) the imposition of a duty or penalty on any person, shall pass first reading by a vote
taken by ayes and noes, and digests of such bills shall be advertised once in at least
two daily newspapers of general circulation in the county[,] and shall also be
distributed via an electronic medium, such as the Internet, with ayes and noes, at least
three days before final reading by the council. Not less than three copies of such bills
shall be filed for use and examination by the public in the office of the county clerk at
least three days prior to the final reading thereof.”
Section 2. Article III, section 3-10, Hawai‘i County Charter, is amended by amending
subsection (h) to read as follows:
“(h) After enactment, ordinances shall be published once in at least two daily newspapers of
general circulation in the county[.] and shall also be distributed via an electronic medium,
such as the Internet. Such publication shall be by title only and shall specify the ayes and
noes.”
Section 3. Article VI, section 6-7.5, Hawai‘i County Charter, is amended by amending
subsection (a) to read as follows:
“(a) Both commissions shall:
(1) Advise the mayor, council and the planning director on planning and land use matters
pursuant to law and this charter.
(2) Review the general plan, its amendments and other plans and modifications thereof
and transmit such plans with recommendations thereon through the mayor to the
57
council for consideration and action.
(3) Review proposed subdivision and zoning ordinances and amendments thereto and
transmit such ordinances with recommendations thereon through the mayor to the
council for consideration and action.
(4) Conduct public hearings in every case prior to action on any matter upon which the
commission is required by law or this charter to act. Notice of the time and place of
the hearing shall be published at least ten days prior to such hearing in at least two
daily newspapers of general circulation in the county[.] and shall also be distributed
via an electronic medium, such as the Internet.
(5) Perform such other related duties and functions as may be necessary or required
pursuant to law and this charter.”
Section 4. Article X, section 10-4, Hawai‘i County Charter, is amended to read as follows:
“Section 10-4. Operating Budget and Capital Budget: Notice and Hearing.
The council shall hold a public hearing on the operating budget and capital budget at any
time after March 1, but prior to the first reading on the budget bills. At this hearing all persons
interested shall have an opportunity to be heard. At least one week before the hearing, the
county council shall publish in at least two daily newspapers of general circulation in the
county[,] as well as via an electronic medium, such as the Internet, the general summaries of the
operating budget and capital budget and a notice setting forth the time and place for public
hearing thereon and for their consideration by the council. The council shall also allow public
testimony at any meeting at which the operating budget or capital budget, or amendments
thereto, are considered.”
Section 5. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsection (p) to read as follows:
“(p) The clerk shall publish the ballot title, ballot question, ballot summary and arguments for
and against the measure in the Sunday paper of two Hawai‘i Island daily papers with the
largest circulation, for the three Sundays preceding the election. The ballot title, ballot
question, ballot summary and arguments for and against the measure shall also be
distributed via an electronic medium, such as the Internet at least three weeks prior to the
election. The committee shall be given the opportunity to write the argument in favor of
the measure. If a group of five qualified voters of Hawai‘i County give notice to the
clerk that they wish to write the arguments against the measure, the clerk shall publish
their arguments. Both sets of arguments shall be published in the same papers, on the
same page, on the same days, utilizing the same size print. The names and addresses of
the committee and the opposing group as they appear on the general county register for
the County of Hawai‘i shall appear in the publication.”
Section 6. Article XIII, section 13-20, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) The time and place of all regular meetings of the council, board or commission shall be
58
provided in the rules adopted for the conduct of its business. Except as otherwise
provided in this charter, a special meeting may be called by the presiding officer of the
council, board or commission when the date, time and place of such special meeting are
announced prior to adjournment of a regular meeting; otherwise a special meeting can be
called only upon the publication of a notice of such meeting in at least two daily
newspapers of general circulation in this county at least twenty-four hours in advance of
such meeting[.] as well as via an electronic medium, such as the Internet. If the
requirement with respect to publication of notice cannot be met because of insufficient
time, the meeting notice shall be made by broadcasting a minimum of three
announcements in the English language over FCC licensed public radio stations in this
county or television stations with local audience. Such announcements shall be broadcast
at least twenty-four hours in advance of such meeting. To assure the widest possible
coverage, the meeting notice shall be released to radio stations in this county and the
announcements shall be programmed to be heard between the hours of 7:00 A.M. to 5:00
P.M. In addition to the above requirements, notice of such special meeting shall be
conspicuously posted on the bulletin board of the Hawaii County Building. A brief
resume of the principal business to be taken up at such meeting shall be stated in the
posted notice as well as in the notice released to the news media.”
Section 7. Article XV, section 15-2, Hawai‘i County Charter, is amended to read as follows:
“Section 15-2. Elections to be Called.
Upon adoption of an ordinance proposing amendments or revisions of this charter, or
upon the determination by the clerk that a petition for proposed amendments or revisions of this
charter contains the required number of signatures, the council shall by resolution provide that
the proposed amendments or revisions be submitted to the electors of the county for approval at
the next general election. Any such resolution shall provide for the publication of the full text of
the proposed amendments or revisions in a daily newspaper of general circulation in the county
at least forty-five days prior to submission to the electors of the county[.] as well as via an
electronic medium, such as the Internet.”
Section 8. Article XV, section 15-3, Hawai‘i County Charter, is amended to read as follows:
“Section 15-3. Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than the
fifteenth day of January of the charter review year, the mayor with the confirmation of the
council, shall appoint a charter commission composed of eleven members to study and review
the operation of the government of the county under this charter. Commission members, no more
than a majority of whom shall belong to the same political party, shall be representative of the
various geographical areas of Puna, Ka‘u, Kona, Kohala, Hamakua, and Hilo. The council shall
appropriate funds to enable the commission to carry out its duties, including the hiring of
necessary staff.
The commission shall hold at least one public hearing in each of the geographical areas.
The commission may propose amendments to the existing charter or a draft of a new charter
which shall be submitted to the county clerk. Upon receipt of the amendments or charter in the
form as proposed by the commission, the county clerk shall provide for the submission of such
59
amendments or charter to the electors of the county at either a special election as determined by
the commission or at the first general election following the charter review year. The
commission shall prepare the language of the question to be submitted to the voters for each of
the amendments it proposes.
The commission shall publish not less than forty-five days before any election, at least
once in at least two daily newspapers of general circulation within the county, as well as via an
electronic medium, such as the Internet, a brief digest of the amendments or charter and the
purpose thereof and a notice to the electorate that copies of the amendments or charter are
available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is ratified
or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or a
new charter, if a new charter is proposed, the amendment or new charter shall become effective
at the time fixed in the amendment or charter.”
Section 9. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 10. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 11. This amendment shall take effect upon approval by the electorate.
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CA-26: Relating to Conservation of Natural and Cultural Resources
This proposal is to memorialize the county’s duty to conserve its natural and cultural
resources. The commission found that it would be beneficial to reinforce the county’s duty to
conserve these resources for future generations. The commission also found that this should not
be construed to mean that these resources cannot be utilized, but that they be utilized
responsibly.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XIII, Hawai‘i County Charter, is amended by adding a new section to be
appropriately designated and to read as follows:
“Section 13-__. Conservation of Natural and Cultural Resources.
For the benefit of present and future generations, the county shall conserve and protect
Hawai‘i’s natural beauty and all natural and cultural resources, including but not limited to land,
water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures,
and shall promote the development and utilization of these resources in a manner consistent with
their conservation and in furtherance of the self-sufficiency of the county. All public natural and
cultural resources are held in trust by the county for the benefit of the people.”
Section 2. 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 underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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 its approval by the electorate.
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CA-29: Relating to the Powers, Duties, and Functions of the Prosecuting Attorney
This proposal was brought forth by the prosecuting attorney. It would allow the
prosecuting attorney more flexibility in providing education relating to crime prevention and
research. The commission found that these provisions would benefit the county by giving the
prosecuting attorney the authority to provide educational opportunities to county agencies and
private citizens.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI`I:
Section 1. Article IX, section 9-3, Hawai‘i County Charter, is amended to read as follows:
“Section 9-3. Powers, Duties and Functions.
(a) The prosecuting attorney shall:
[(a)](1) Attend all courts in the county and conduct on behalf of the people all
prosecutions therein for offenses against the laws of the State and the ordinances
and regulations of the county.
[(b)](2) Prosecute offenses against the laws of the State under the authority of the
attorney general of the State.
[(c)](3) Appear in every criminal case where there is a change of venue from the courts
in the county and prosecute the same in any jurisdiction to which the same is
changed or removed. The expense of such proceeding shall be paid by the
county.
[(d)](4) Institute proceedings, or direct the chief of police to do so, before the district
judges for the arrest of persons charged with or reasonably suspected of public
offenses, when the prosecuting attorney has information that any such offenses
have been committed, and for that purpose take charge of criminal cases before
the district judges, either in person or by a deputy or by such other prosecuting
officer as the prosecuting attorney shall designate.
[(e)](5) Draw all indictments and attend before and give advice to the grand jury
whenever cases are presented to it for its consideration. Nothing herein
contained shall prevent the conduct of proceedings by private counsel before
district judges or courts of record under the direction of the prosecuting attorney.
[(f)](6) Investigate all matters which may properly come before the prosecuting
attorney.
(b) The prosecuting attorney may:
(1) Research, evaluate, and make recommendations regarding crime, crime
prevention, and the criminal justice system to the governor, the legislature, the
judiciary, the council, the mayor, the Hawai'i police department and other
criminal justice agencies, or the general public, as the prosecuting attorney deems
appropriate.
(2) Provide crime prevention training programs for law enforcement agencies,
citizens, businesses, and civic groups.
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(3) Develop public education programs through various broadcast or print media, to
provide the general public information that will assist citizens in developing the
knowledge and confidence to prevent crime and to avoid being victims of crime.
(4) Receive and expend financial grants, donations and other funds as permitted by
the provisions of the revised charter, county ordinances and applicable county,
state, and federal financial and budget policies for crime research, prevention, and
education.”
Section 2. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 3. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any 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.
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CA-36: Housekeeping Amendments
This proposal is a housekeeping proposal. The commission found that there are
numerous instances of formatting and spelling errors in the charter and that it is desirable to have
a clean document with consistent formatting. Since the charter can only be amended by a vote of
the people, and due to the importance of the charter, the commission is seeking to make the
charter the cleanest document possible. This proposal addresses only spelling and formatting
issues in the charter and does not propose any substantive changes to the charter.
CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. The Preamble, Hawai‘i County Charter, is amended to read as follows:
“WE, THE PEOPLE OF THE COUNTY OF [HAWAII,] HAWAI‘I, in the State of [Hawaii,]
Hawai‘i, with due respect for and in support of the laws of the land, do adopt this
CHARTER OF THE COUNTY OF [HAWAII] HAWAI‘I
STATE OF [HAWAII] HAWAI‘I”
Section 2. Article I, Hawai‘i County Charter, is amended to read as follows:
“ARTICLE I
INCORPORATION AND GEOGRAPHICAL LIMITS
Section 1-1. Incorporation.
The people of the county of [Hawaii] Hawai‘i shall be and continue as a body politic and
corporate by the name of “County of [Hawai‘i,] Hawai‘i,” hereinafter in this charter called
“county.” By that name it shall have perpetual succession.
Section 1-2. Geographical Limits.
The island of [Hawaii] Hawai‘i and all other islands within the shores thereof and the
waters adjacent thereto shall be the county of [Hawaii.] Hawai‘i.”
Section 3. Article II, section 2-1, Hawai‘i County Charter, is amended to read as follows:
“Section 2-1. Powers of the County.
The county shall have all powers possible under the constitution and laws of the State of
[Hawaii,] Hawai‘i, including all powers now or hereafter given by such constitution or laws, and
all other powers not prohibited by such constitution or by this charter. The county shall have
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such powers as fully and completely as though specifically enumerated in this charter, and no
enumeration of powers in this charter shall be deemed exclusive or restrictive.”
Section 4. Article III, section 3-8, Hawai‘i County Charter, is amended to read as follows:
“Section 3-8. Actions of the Council.
Every legislative act of the council shall be by ordinance. Non-legislative acts of the
council may be by resolution and, except as otherwise provided by law, no resolution shall have
the force and effect of law. Every ordinance shall be introduced in writing and in the form
required for final adoption. The enacting clause of every ordinance shall be “BE IT ORDAINED
BY THE COUNCIL OF THE COUNTY OF [HAWAII] HAWAI‘I” and the enacting clause of
every resolution shall be “BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
[HAWAI‘I.] HAWAI‘I.””
Section 5. Article III, section 3-10, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) Bills embracing:
(1) [the] The fixing of special assessments for the cost of improvements;
(2) [the] The appropriation of public funds or authorization of the issuance of general
obligation bonds; or
(3) [the] The imposition of a duty or penalty on any person, shall pass first reading by a
vote taken by ayes and noes, and digests of such bills shall be advertised once in at
least two daily newspapers of general circulation in the county, with ayes and noes, at
least three days before final reading by the council. Not less than three copies of such
bills shall be filed for use and examination by the public in the office of the county
clerk at least three days prior to the final reading thereof.”
Section 6. Article III, section 3-17, Hawai‘i County Charter, is amended by amending
subsection (b) to read as follows:
“(b) The initial reapportionment commission shall consist of seven members, two of whom
shall be residents of the combined judicial districts of North and South Hilo, one from the
judicial district of Puna, one from the judicial district of [Ka’u,] Ka‘, one from the
combined judicial districts of North and South Kona, one from the combined judicial
districts of North and South Kohala, and one from the judicial district of [Hamakua.]
H m kua. The members shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 13-4.”
Section 7. Article III, section 3-18, Hawai‘i County Charter, is amended by amending
subsection (d) to read as follows:
“(d) The legislative auditor shall conduct or cause to be conducted:
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(1) The annual financial audit of the county, as required in [article] Article X,
Financial Procedures, [section] Section 10-13, Post-audit.
(2) Performance and/or financial audits of the funds, programs, services, and
operations of any county agency, executive agency, or program, as set forth by
the legislative auditor in an annual audit plan that shall be transmitted to the
county council and the mayor and filed with the county clerk as a public record.
(3) Follow-up audits and monitoring of responses to audit recommendations by
audited entities.”
Section 8. Article IV, section 4-5, Hawai‘i County Charter, is amended to read as follows:
“Section 4-5. Powers and Duties of Agency Heads.
Subject to the provisions of this charter, the administrative heads of each agency or
executive agency of the county shall have the power to:
(a) Appoint and remove a deputy or assistant and a private secretary and such
positions shall be exempt from civil service laws and classifications. No such
appointment shall be made unless the positions have been created and
appropriations therefor have been made by the council.
(b) Appoint necessary staff for which appropriations have been made by the council.
(c) Take all personnel actions including the assignment [of] or reassignment of duties
to employees within the salary ordinance; provided, that if such assignment or
reassignment of duties shall affect the compensation of the employees, written
approval must first be obtained from the mayor and a report thereon must be
submitted to the council within thirty days.
(d) Supervise the performance of duties by all employees.
(e) Except as otherwise provided by this charter and subject to the approval of the
mayor, prescribe such rules as are necessary for the organization and internal
administration of the agency.
(f) Perform such duties as are prescribed by this charter and such other duties as may
be assigned by the mayor and managing director.”
Section 9. Article V, chapter 1, section 5-1.4, Hawai‘i County Charter, is amended to read as
follows:
“Section 5-1.4. Vacancy in Office.
A vacancy in the office of mayor shall be filled by the managing director, or if the office
of managing director is vacant, or during such periods as the managing director is unable to so
act, by the finance director until a successor is duly elected and seated.
If the vacancy occurs after the filing deadline for the next regularly scheduled primary
election, the managing director shall serve the entire unexpired term.
If the vacancy occurs before the filing deadline for the next regularly scheduled primary
election in the middle of the mayoral term, the council shall, through its clerk, immediately issue
an election proclamation, announcing that a successor will be elected as prescribed in [section]
Section 13-27. The proclamation shall also announce the date for the close of filing of
nomination papers for the office, which shall be ten days after the issuance of the election
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proclamation, or the filing deadline for the primary election, whichever comes later. The election
shall be held in accordance with the election laws of the state insofar as otherwise applicable.
The person elected as the successor shall serve out the unexpired term of the person
succeeded commencing at [12] twelve o’clock meridian on the first Monday of December
following the election.”
Section 10. Article V, chapter 3, section 5-3.1, Hawai‘i County Charter, is amended to read as
follows:
“Section 5-3.1. Declaration of Policy.
It is declared to be the policy of the county to promote economy, efficiency and improved
service in the transaction of the public business in the legislative and executive branches of the
county by:
[1.] (a) Limiting expenditures to the lowest amount consistent with the efficient
performance of essential services, activities, and functions.
[2.] (b) Eliminating duplication and overlapping of services, activities, and
functions.
[3.] (c) Consolidating services, activities, and functions of a similar nature.
[4.] (d) Abolishing services, activities, and functions not necessary to the efficient
conduct of government.”
Section 11. Article V, chapter 3, section 5-3.2, Hawai‘i County Charter, is amended to read as
follows:
“Section 5-3.2. Cost of Government Commission.
For the purpose of carrying out the policy set forth herein the mayor with the approval of
the council shall appoint a cost of government commission consisting of nine members. One
member shall be a resident of each council district. The managing director shall be an ex-officio
member of the commission. The office of the mayor shall provide administrative and clerical
services to the commission.
Each commission shall:
[1.] (a) Prepare and submit to the mayor a request for an appropriation for the
operation of the commission.
[2.] (b) Study and investigate the organizations and methods of operations of all
departments, commissions, boards, offices and other instrumentalities of
all branches of the county government and determine what changes, if
any, may be desirable to accomplish the policy set forth herein.
[3.] (c) Be authorized to secure directly from any department, commission, board,
office or any other instrumentalities of all branches of the county
government or from any individual officer or employee of the county,
information, suggestions, estimates, and statistics necessary to carry out its
duties.
[4.] (d) Submit a report of its findings and recommendations to the mayor,
managing director and council not later than eleven months after its
appointment.”
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Section 12. Article VI, chapter 2, section 6-2.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-2.2. Director.
The director of public works shall be appointed by the mayor, confirmed by the council
and may be removed by the mayor. The director shall be a registered professional engineer. The
director shall have had a minimum of five [years’] years of experience in an administrative
capacity.”
Section 13. Article VI, chapter 3, section 6-3.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-3.2. Director.
The parks and recreation director 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’] years of experience in an administrative capacity.”
Section 14. Article VI, chapter 4, section 6-4.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-4.3. Fire Chief.
The fire chief shall be appointed by the fire commission and may be removed by the fire
commission at its sole discretion. Any motion for removal of the fire chief must contain a
statement of reasons, and the fire chief must be allowed to respond to the statement of reasons
before being removed. The fire chief shall have had a minimum of five [years’] years of training
and experience in fire control, including at least three [years’] years of experience in a
responsible administrative capacity.”
Section 15. Article VI, chapter 4, section 6-4.6, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-4.6. Powers, Duties and Functions.
The fire commission shall:
(a) Adopt rules necessary for the conduct of its business and review rules for the
administration of the department.
(b) Review the annual budget prepared by the fire chief and make recommendations
thereon to the mayor, the managing director and the council.
(c) Review the department’s operations, as deemed necessary, for the purposes of
recommending improvements to the fire chief.
(d) Evaluate at least annually the performance of the fire chief and submit a report to
the mayor, the managing director and the council.
(e) Review personnel actions within the department for conformance with the
policies under [section] Section 6-4.2 of this charter.
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(f) Hear complaints of citizens concerning the department or its personnel and, if
necessary, make recommendations to the fire chief on appropriate corrective
actions.
(g) Submit an annual report to the mayor, managing director and the council on its
activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs of the
department.”
Section 16. Article VI, chapter 5, section 6-5.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-5.2. Appointment and Removal.
The corporation counsel shall be appointed by the mayor, confirmed by the council and
may be removed by the mayor with the approval of the council. The corporation counsel shall be
an attorney licensed to practice and in good standing before the Supreme Court of the State of
[Hawaii.] Hawai‘i.”
Section 17. Article VI, chapter 6, section 6-6.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-6.3. Powers, Duties and Functions.
The director of finance shall be the finance officer of the county and shall:
(a) Assist the mayor in the preparation and execution of the operating budget,
operating program and capital budget.
(b) Collect special assessments as provided by and subject to law.
(c) Negotiate loans and the issuance and sale of bonds and notes when authorized by
the council; maintain records of county indebtedness and have charge of the
payment of interest and principal thereon.
(d) Have custody of all public funds belonging to or under the control of the county,
county agency or executive agency, and deposit all such funds in banks or trust
companies designated as depositories by resolution of the council, subject to the
requirements imposed by law as to surety and payment of interest, which interest
shall accrue to the benefit of the public and shall be credited to the proper fund
and account.
(e) Examine all contracts, orders and other documents by which financial obligations
are incurred, and every such document shall be subject to [director of finances’]
approval by the director of finance but the director of finance shall not approve
unless the director of finance first verifies the appropriation, allotment and
availability of funds to meet the obligation concerned and verifies thereto as
provided in Section 10-11.
(f) Prepare and issue warrants, prepare payrolls and pension rolls and disburse all
funds in the county treasury. No money shall be paid out of the treasury unless the
finance director first [(i)] verifies the appropriation, allotment and availability of
funds to cover the claim concerned and certifies thereto as provided in Section 10-
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11 and [(ii)] then determines that such claim is regular in form, correctly
computed and constitutes a legal obligation.
(g) Maintain a general accounting system for the county and require all county
agencies and executive agencies to report and remit all receipts to the finance
director as often as the finance director deems desirable.
(h) Each month submit to the mayor and to the council through the mayor a statement
of the revenues and expenditures for the preceding month and for the fiscal year
up to and including the preceding month. Such statement shall be sufficiently
detailed as to appropriations, allotments and funds to show the exact financial
condition of the county and of each of its agencies and executive agencies.
(i) Submit to the council through the mayor at the end of each fiscal year a report of
the financial transactions of that year and a complete statement of the financial
condition of the county at the end of the year, within ninety days after the end of
the year.
(j) Prepare and maintain a perpetual inventory of all lands, roadways, streets,
easements and other land interests owned, leased, rented or controlled by the
county.
(k) Prepare and maintain a perpetual inventory of equipment owned or controlled by
the county and materials and supplies in county storerooms, and dispose of
property not needed by any agency or executive agency of the county pursuant to
policies established by ordinance.
(l) Where not in conflict with this charter, assume and perform all the duties and
functions of the purchasing agent, the treasurer and the auditor of the county as
provided by law, and for this purpose the director of finance shall be authorized to
appoint a deputy, to assign and reassign such duties to any employee as the
director of finance sees fit and to make internal administrative and organizational
changes as the finance director sees fit subject to the approval of the mayor.
(m) Exercise such other powers and perform such other duties as may be prescribed
by this charter, by ordinance, by law or by the mayor or managing director.”
Section 18. Article VI, chapter 7, section 6-7.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-7.2. Planning Director.
(a) The planning director shall be appointed by the mayor, confirmed by the council and may
be removed by the mayor. The planning director shall have had a minimum of five
[years’] years of training and experience in a responsible planning position, or a degree in
planning, engineering, architecture, geography, or another planning-related field and
three [years’] years of experience in a responsible planning position. No less than three
[years’] years of experience shall have been in an administrative capacity.
(b) The director shall be the chief planning officer of the county and the administrative head
of the department and shall:
(1) Advise the mayor, the windward planning commission, the leeward planning
commission and the council on all planning and land use matters.
(2) Prepare a general plan, implementation plans and any amendments thereto in
accordance with [section] Section 3-15.
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(3) Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments thereto.
(4) Review the lists of proposed capital improvements contemplated by agencies of
the county and recommend the order of their priority.
(5) Administer the subdivision and zoning ordinances and regulations adopted
thereunder.
(6) Render decisions on proposed subdivision plans pursuant to law.
(7) Make recommendations on rezoning applications, special exceptions and other
similar requests.
(8) Render decisions on proposed variances pursuant to law, except that, if any
written objections are made to the planning director’s actions under this section,
said actions shall be subject to review by the board of appeals in accordance with
Section [6-10.2*,] 6-9.2, unless otherwise provided by law or this charter.
(9) Perform such other related duties and functions as may be necessary or required
pursuant to law and this charter.”
Section 19. Article VI, chapter 7, section 6-7.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-7.3. Windward Planning Commission.
(a) There is established a windward planning commission that shall have jurisdiction over
the area consisting of the judicial districts of Puna, South Hilo, North Hilo, [Hamakua,]
H m kua, and [Ka‘u.] Ka‘.
(b) There shall be seven members on this commission. The commission shall include one
member from each of the judicial districts of Puna, South Hilo, North [Hilo/Hamakua]
Hilo/H m kua combined, and [Ka‘u] Ka‘ and three “at-large” members selected from
these districts. Not more than two members, appointed from any one judicial district,
shall serve on the windward planning commission.
(c) The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in [section] Section 13-4. Each member representing a district shall be
a legal resident and registered voter of that district. In addition, the director of public
works and the manager of the department of water supply, or their designated
representatives, shall serve as ex-officio members of the windward planning commission,
without power to vote.”
Section 20. Article VI, chapter 7, section 6-7.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-7.4. Leeward Planning Commission.
(a) There is established a leeward planning commission that shall have jurisdiction over the
area consisting of the judicial districts of North Kohala, South Kohala, North Kona, and
South Kona.
(b) There shall be seven members on this commission. The commission shall include one
member from each of the judicial districts of North Kohala, South Kohala, North Kona
and South Kona and three “at-large” members selected from these districts. Not more
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than two members, appointed from any one judicial district, shall serve on the leeward
planning commission.
(c) The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in [section] Section 13-4. Each member representing a district shall be
a legal resident and registered voter of that district. In addition, the director of public
works and the manager of the department of water supply, or their designated
representatives, shall serve as ex-officio members of the leeward planning commission,
without power to vote.”
Section 21. Article VI, chapter 7, section 6-7.5, Hawai‘i County Charter, is amended by
amending subsection (b) to read as follows:
“(b) A uniform body of rules of practice and procedure, except for meeting places and times,
shall apply to both commissions. Uniform rules of practice and procedure shall be
adopted by a majority vote of the combined membership of the windward planning
commission and the leeward planning commission, meeting jointly. The existing rules of
practice and procedure of the Hawai‘i [County Planning Commission,] county planning
commission, except for meeting places, shall apply to both commissions until the new
uniform rules of practice and procedure are adopted.”
Section 22. Article VI, chapter 7, section 6-7.6, Hawai‘i County Charter, is amended by
amending subsection (c) to read as follows:
“(c) If there shall exist vacancies on either the windward planning commission or the leeward
planning commission not filled by term hold over, the mayor shall appoint the remaining
members of the windward planning commission and the leeward planning commission in
accordance with [section] Section 13-4, Hawai‘i County Charter (2000).”
Section 23. Article VI, chapter 8, section 6-8.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-8.2. Director.
The director of research and 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’] years of related experience.”
Section 24. Article VI, chapter 8, section 6-8.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-8.3. Powers, Duties and Functions.
The director of research and development shall:
(a) Collect and develop data necessary for managerial and legislative decision-
making, and program and policy-making.
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(b) Provide staff leadership for public and private development programs, enterprises
and plans, including economic, social and cultural proposals, which enhance
[improvement of] and improve the county community.
(c) Coordinate informational and regulatory knowledge of all federal and state grant-
in-aid participation programs which affect the county.”
Section 25. Article VI, chapter 9, section 6-9.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 6-9.2. Board of Appeals.
The board of appeals shall consist of seven members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in Section 13-4. Each member
shall be a legal resident and a registered voter of the [County.] county. Board membership shall
be representative of the community, and, whenever possible, persons with background or
expertise in broad areas of planning and construction shall be given preference, although such
knowledge is not a prerequisite for membership. The board of appeals shall establish its rules of
procedure and shall:
(a) Hear and determine appeals from final decisions of the planning director or the
director of public works regarding matters within their respective jurisdictions.
(b) Conduct hearings in accordance with Chapter 91, [Hawaii] Hawai‘i Revised
Statutes, and this charter.
(c) Be part of the planning department for administrative purposes, and said
department shall provide necessary clerical and other assistance.”
Section 26. Article VI, chapter 10, section 6-10.1, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.1. Organization.
There shall be a department of environmental management consisting of a director, the
necessary staff, and an environmental management commission.”
Section 27. Article VI, chapter 10, section 6-10.2, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.2. Statement of Policy.
The [Department of Environmental Management] department of environmental
management is established to protect, preserve, and enhance our environment by promoting the
wise management of our waste.”
Section 28. Article VI, chapter 10, section 6-10.3, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.3. Director.
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The director of environmental management 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’] years of administrative experience in a related field.”
Section 29. Article VI, chapter 10, section 6-10.5, Hawai‘i County Charter, is amended to
read as follows:
“Section 6-10.5. Environmental Management Commission.
There shall be an environmental management commission consisting of nine members
who shall be appointed by the mayor and confirmed by the council. One member shall be a
resident of each council district. The terms of the members shall be as prescribed in [§] Section
13-4. The environmental management commission shall advise the department on waste
reduction strategies, recycling, litter control, community involvement, and other issues related to
the functions of the department, and shall exercise any other powers related to the functions of
the department that may be delegated to it by ordinance.”
Section 30. Article VII, chapter 1, section 7-1.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-1.2. Merit Appeals Board.
The 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] Section 13-4.
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 31. Article VII, chapter 3, section 7-3.2, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-3.2. Liquor Commission.
There shall be a liquor commission consisting of nine members who shall be appointed
by the mayor and confirmed by the council in the manner prescribed in Section 13-4. One
member shall be a resident of each council district. The liquor commission shall:
(a) Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to carry out provisions of the
liquor control laws of the [state.] State.
(b) Grant, renew or refuse applications for licenses [of] for the manufacture,
importation and sale of liquor in the county under applicable laws and regulations.
(c) Have such other powers and duties as may be provided by law, not in conflict
with the provisions of this section.”
Section 32. Article VII, chapter 3, section 7-3.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 7-3.4. Director of the Department of Liquor Control.
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The director of the department of liquor control shall be appointed by the liquor
commission and may be removed by the liquor commission. The director of the department of
liquor control shall:
(a) Be the administrative head of the department.
(b) Provide clerical and administrative services for the liquor commission and the
liquor control adjudication board, including the submission of a budget for the
operation of the department.
(c) Investigate complaints regarding violations of the liquor control laws of the State
or complaints regarding violations of rules and regulations established by the
liquor commission and report such violations to the prosecuting [officer] attorney
of the county.”
Section 33. Article VIII, section 8-2, Hawai‘i County Charter, is amended to read as follows:
“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 of the department of water supply, the planning
director and the [chief engineer of the county] director of public works 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 34. Article VIII, section 8-3, Hawai‘i County Charter, is amended to read as follows:
“Section 8-3. Manager and Deputy.
The manager 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 with the
confirmation of the water board and may be removed by the manager with the approval of the
water board. The manager shall be a registered engineer and shall have had a minimum of five
[years’] years of experience in an administrative capacity.”
Section 35. Article IX, section 9-2, Hawai‘i County Charter, is amended to read as follows:
“Section 9-2. Qualifications.
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The prosecuting attorney shall be an attorney licensed to practice and in good standing
before the Supreme Court of the State of [Hawaii.] Hawai‘i. The prosecuting attorney shall be a
citizen of the United States of America and shall have been a duly qualified elector of the county
for at least one year immediately preceding the election.”
Section 36. Article IX, section 9-5, Hawai‘i County Charter, is amended to read as follows:
“Section 9-5. Vacancy in Office.
A vacancy in the office of prosecuting attorney shall be filled by the first deputy who
shall act as prosecuting attorney, or if the position of first deputy is vacant or if the first deputy is
unable to so act, the mayor with the confirmation of the council shall fill the vacancy by
appointment of a person with the requisite qualifications within thirty days after the occurrence
of the vacancy.
The first deputy or the person appointed to fill the vacancy shall serve until a successor is
duly elected at the next State or State and County election and seated. The election shall be held
in accordance with the election laws of the State insofar as applicable.
The person elected as the successor shall serve out the unexpired term of the person
succeeded commencing at [12] twelve o’clock meridian on the first Monday of December
following the election.”
Section 37. Article X, section 10-2, Hawai‘i County Charter, is amended by amending
subsection (a) to read as follows:
“(a) No later than March 1 of each year, the mayor shall submit to the county council:
(1) An operating budget for the ensuing year.
(2) An operating program for the ensuing three fiscal years.
(3) A capital budget for the ensuing fiscal year.
(4) A capital program for the ensuing six fiscal years.
(5) An accompanying message.
The mayor shall submit amendments to the operating budget, operating program,
capital budget, and capital program, together with an accompanying message, to the
county council within ten [(10)] working days after the close of the state legislature but
not later than May 5 of each year.”
Section 38. Article X, section 10-3, Hawai‘i County Charter, is amended by amending
subsection (a) to read as follows:
“(a) The operating budget shall present a complete financial plan for the current operations of
the county and its agencies and executive agencies in the ensuing fiscal year, showing all
funds and reserves. Capital expenditures to be financed from current revenues in the
ensuing fiscal year shall be included in the operating budget as well as in the capital
budget. Appropriations for such expenditures shall be included in the operating budget.
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Except as otherwise provided by law, the operating budget shall contain at least the
following:
(1) A simple, clear, general summary of the detailed contents of the operating budget.
Such summary shall itemize all new positions being requested.
(2) The proposed expenditures, including [provision] provisions for any estimated
cash deficit for the fiscal year currently ending, debt service requirements for the
ensuing fiscal year, and all other expenditures for the ensuing fiscal year, capital
and otherwise, to be met from current revenues; and the proposed expenditures
shall be shown by agencies and programs.
(3) A comparative statement of the actual expenditures for the preceding fiscal year,
and the estimated expenditures for the fiscal year currently ending and the ensuing
fiscal year.
(4) The sums recommended for appropriation on the basis of the proposed
expenditures, which sums need not be itemized further than by agencies and
programs.
(5) The estimated revenues shown by estimated cash surplus, if any, for the fiscal
year currently ending, proposed tax levies and other sources.
(6) A comparative statement of the actual revenues for the preceding fiscal year, and
the estimated revenues for the fiscal year currently ending and the ensuing year.
The estimated revenues for the ensuing fiscal year shall be at least equal in
amount to the proposed expenditures.”
Section 39. Article X, section 10-3, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) The mayor’s message shall explain the operating budget and capital budget both in fiscal
terms and in terms of work to be done. It shall outline the proposed financial policies of
the county for the ensuing fiscal year, describe the important features of the operating
budget and capital budget and means of financing the budgets. It shall indicate any major
changes in financial policies and in expenditures, appropriations and revenues as
compared with the fiscal year currently ending, and shall set forth the reasons for the
changes. As to the capital budget, the message shall include a list of pending and
proposed capital improvements together with the mayor’s comments on such list. It shall
itemize and explain each pending capital improvement and each capital improvement
proposed to be undertaken within the ensuing fiscal year, showing the estimated cost of
each improvement and the pending or proposed method of financing it. The message
shall also include such other supporting or explanatory material as the mayor deems
desirable.
The mayor’s budget message which accompanies the amendments to the
operating budget and to the capital budget shall describe the changes in proposed
expenditures and in revenue projections from the budgets which had been submitted on
or before March 1, and shall describe the intervening changes in circumstances which
justify the changes in the proposed expenditures and projected revenues.”
Section 40. Article X, section 10-5, Hawai‘i County Charter, is amended to read as follows:
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“Section 10-5. Operating Budget: Council Action.
After the public hearing, and after the submission of the amendments to the operating
budget and to the capital budget, the county council may adopt the operating budget as amended
with or without further amendments. First reading shall be after May 5. In amending, it may add
new items or increase items in the operating budget. It may decrease or delete items, excepting
appropriations required by law and appropriations for debt service. But in all cases the estimated
revenues for the ensuing year shall be [a] at least equal in amount to the proposed expenditures.
The council shall adopt the operating budget on or before [the thirtieth day of June.] June
30. If it fails to do so, the operating budget as submitted and as amended by the mayor shall be
deemed adopted by the council as the operating budget for the ensuing fiscal year.
If the mayor disapproves of the bill adopting the operating budget or of any part thereof,
the mayor shall return the bill or the portions vetoed with a written statement of objections to the
clerk for further council action within ten calendar days of receipt of the bill.
The adopted operating budget shall be in effect on and after the first day of the fiscal year
to which it applies.”
Section 41. Article X, section 10-6, Hawai‘i County Charter, is amended by amending
subsection (d) to read as follows:
“(d) The council shall adopt the capital budget on or before [the thirtieth day of June.] June
30. If it fails to do so, the amended capital budget submitted by the mayor shall be
deemed adopted by the council as the capital budget for the ensuing fiscal year. The
adopted capital budget shall be in effect on and after the first day of the fiscal year.
(e) At any time during the fiscal year, the council, by ordinance adopted by the affirmative
vote of at least two-thirds of the entire membership, may amend the capital budget for
that year. In amending, the council shall request and consider, but need not follow, the
recommendations of the mayor as to the proposed amendment.”
Section 42. Article X, section 10-8, Hawai‘i County Charter, is amended to read as follows:
“Section 10-8. Appropriations: Supplemental and Emergency.
When during any fiscal year there are available any funds for appropriation, the mayor
shall certify to the county council and the county council may amend or make supplemental
appropriations for the year up to the amount of available revenues. Such appropriations may be
made by ordinance effective immediately upon adoption.
To meet a public emergency affecting life, health or property, the council, may make
emergency appropriations. Such appropriations may be made by ordinance and must be
approved by all council members present or by two-thirds of the entire membership. To the
extent that there are no available unappropriated revenues to meet such appropriations, the
council may by ordinance authorize the issuance of emergency notes. These notes may be
renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid
not later than the first day of the fiscal year next succeeding that in which the emergency
appropriation was made. The total of emergency appropriations in any fiscal year shall not
exceed one-half of one percent of the total operating appropriations, excluding those for debt
service made in the operating budget for that year.”
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Section 43. Article X, section 10-14, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) All purchases and contracts for materials, supplies, equipment and services shall be made
in accordance with [Hawaii] Hawai‘i Revised Statutes and rules and regulations
established by the state procurement policy office thereto. Any such rule or regulation
may be modified by the [Director of Finance,] director of finance, in accordance with
Chapter 91, [HRS,] Hawai‘i Revised Statutes, provided that such modifications shall be
consistent with the requirements of state law.”
Section 44. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsection (d) to read as follows:
“(d) Within ten working days of receipt of the notice in [11-4(b),] subsection (b), the clerk
shall give notice to the committee that the proposed petition form, ballot title, ballot
question, and ballot summary are acceptable or shall propose alternative language.”
Section 45. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsection (g) to read as follows:
“(g) If the language of the proposed ordinance is found to be within the power of initiative or
referendum of the [County of Hawai‘i,] county, within five working days of finalization
of the petition form, ballot title, ballot question and ballot summary, the clerk shall:
(1) Submit them to the council for informational purposes utilizing the council’s rules
and procedures; and
(2) Give notice to the committee of:
(A) The final petition form, ballot title, ballot question, and ballot summary;
(B) The deadline date set by the State of Hawai‘i [Elections Office] office of
elections for the submission of the ballot title, ballot question, and ballot
summary;
(C) The number of signatures required for a certificate of sufficiency; and
(D) A timeline that gives dates at which submissions and specific actions shall
occur.”
Section 46. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsection (i) to read as follows:
“(i) As soon as a certificate is completed, the clerk shall notify the committee of the contents
of the certificate. If a petition is certified sufficient, the clerk shall present the certificate
to the county council at the first council meeting where it can be legally [agendized.]
placed on the agenda.”
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Section 47. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsections (l) and (m) to read as follows:
“(l) If a majority of the committee does not choose to amend a petition or collect additional
signatures, the clerk shall present the certificate to the county council at the first council
meeting where it can be legally [agendized.] placed on the agenda. A petition is approved
for consideration through council action upon the clerk’s certificate of sufficiency.
(m) The clerk shall present the certificate to the council at the earliest meeting at which the
certificate can be legally [agendized.] placed on the agenda. The council shall review the
latest clerk’s certificate, upon the committee’s request, and shall approve or reject the
certificate or may substitute its own determination of sufficiency of the petition by
resolution. The review actions of the council shall be final but shall not preclude the
filing of a new petition for the same purposes.”
Section 48. Article XI, section 11-4, Hawai‘i County Charter, is amended by amending
subsection (p) to read as follows:
“(p) The clerk shall publish the ballot title, ballot question, ballot summary and arguments for
and against the measure in the Sunday paper of two Hawai‘i [Island] island daily papers
with the largest circulation, for the three Sundays preceding the election. The committee
shall be given the opportunity to write the argument in favor of the measure. If a group of
five qualified voters of [Hawai‘i County] the county give notice to the clerk that they
wish to write the arguments against the measure, the clerk shall publish their arguments.
Both sets of arguments shall be published in the same papers, on the same page, on the
same days, utilizing the same size print. The names and addresses of the committee and
the opposing group as they appear on the general county register for the County of
Hawai‘i shall appear in the publication.”
Section 49. Article XI, section 11-5, Hawai‘i County Charter, is amended by amending
subsection (d) to read as follows:
“(d) Signatures are invalid and petitions insufficient:
(1) If signers are not given an opportunity to read the full text of the proposed
ordinance under an initiative petition, or the designation and description of the
ordinance in question under a referendum petition, and if the full text of a
proposed ordinance or ordinance under question is not contained in or attached to
each signature paper or set of signature papers of an initiative or referendum
petition, respectively, throughout circulation.
(2) If written statements, [(]executed by the circulators for each set of signature
papers[)], are not attached to the papers at the time of filing of a petition with the
clerk. Each written statement shall attest that: a particular individual personally
circulated an identifiable set of signed petitions; each signed petition bears a
stated number of signatures; each signature on a petition was affixed in the
petition circulator’s presence; each signature is the genuine signature of the
person whose name it purports to be; and the full text of the proposed measure
was made available to petition signers.”
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Section 50. Article XI, section 11-7, Hawai‘i County Charter, is amended by amending
subsection (d) to read as follows:
“(d) Ordinances passed using Article XI, Initiative and Referendum, shall not be repealed or
amended for at least three years from the date of election approval, except by a two-thirds
vote of the [Hawai‘i County Council.] county council.”
Section 51. Article XII, chapter 1, section 12-1.3, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.3. Signatures.
Signers of a recall petition shall print their [names] name and add their signature, their
residence address, and the date of signing on said petition. To each such petition paper there
shall be attached an affidavit of the circulator thereof, stating the number of signers to such part
of the petition and that each signature appended to the paper was made in the circulator’s
presence and is believed to be the genuine signature of the person whose name it purports to be,
and that each signer understood the nature of the recall petition.”
Section 52. Article XII, chapter 1, section 12-1.4, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.4. Filing and Certification.
All papers comprising a recall petition shall be assembled and filed with the county clerk
as one instrument within thirty [(30)] days after the filing with the clerk of the affidavit stating
the name and office of the officer sought to be removed. Within thirty working days from the
filing of such petition, the clerk shall determine if the petition contains sufficient signatures and
prepare a certificate showing the result of the examination. If the clerk shall certify that the
petition is insufficient, the clerk shall set forth in the certificate the particulars in which the
petition is defective and shall return a copy of the certificate to the person designated in such
petition to receive it.”
Section 53. Article XII, chapter 1, section 12-1.5, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.5. Supplemental Petitions.
In the event the initial petition contained insufficient signatures, such recall petition may
be supported by supplemental signatures of voters signed in the manner required in Section 12-
1.3 of this article appended to petitions issued, signed, and filed as required for the original
petition at any time within ten days after the date of the certificate of insufficiency by the clerk.
The clerk shall, within five working days after such supplemental petitions are filed, make a like
examination of them, and if the certificate shall show the same to be still insufficient, the clerk
shall return it in the manner described in Section 12-1.4 of this article to the person [designed]
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designated in such petition to receive the same, and no new petition for the recall of the officer
sought to be removed shall be filed within one year thereafter.”
Section 54. Article XII, chapter 1, section 12-1.6, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.6. Recall Election.
If a recall petition or supplemental petition shall be certified by the clerk to be sufficient,
the clerk shall at once submit the same with the certificate to the council and shall notify the
officer sought to be recalled of such action. If the official whose removal is sought does not
resign within ten [(10)] days after such notice, the council shall thereupon order and fix a day for
holding a recall election. Any such election shall be held not less than sixty [(60)] nor more than
ninety [(90)] days after the petition has been presented to the council, or at the same time as any
other special election held within such period, the council shall call a special recall election to be
held within the time aforesaid. If less than fifty percent of the total number of persons who
registered in the last general election shall vote at such election to recall an official elected at-
large, or by voters of the entire county, as the case may be, or in the case of a recall of a district
council member, if less than fifty percent of the total number of persons who registered in the
district in the last general election shall vote at such recall election, the officer sought to be
recalled shall not be deemed recalled.”
Section 55. Article XII, chapter 1, section 12-1.9, Hawai‘i County Charter, is amended to read
as follows:
“Section 12-1.9. Immunity to Recall.
The question of the removal of any officer shall not be submitted to the voters until such
person has served six [(6)] months of the term during which the officer is sought to be recalled,
nor, in the case of an officer retained in a recall election, until one year after that election.”
Section 56. Article XIII, section 13-1, Hawai‘i County Charter, is amended to read as follows:
“Section 13-1. Definitions. [As used in this charter:]
As used in this charter:
(a) “Agency” means any office, department, board, commission or other
governmental unit of the county.
(b) “Executive Agency” means any agency or department of the executive branch of
the county government.
(c) “Employee” means any person, except an officer, employed by the county or any
agency thereof but the term shall not include an independent contractor.
(d) “Officer” includes the following:
(1) Mayor and members of the council.
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(2) Any person elected or appointed as administrative head of any agency of
the county or appointed as a member of any board or commission
provided for in this charter.
(3) Any person appointed by a board or commission as the administrative
head of any agency of the county.
(4) Deputy, assistant or division chief appointed by the administrative head of
any agency of the county.
(5) Assistant or deputies of the corporation counsel and [prosecution]
prosecuting attorney.
(e) “State” means the State of [Hawaii.] Hawai‘i.
(f) “Vacancy” shall have the following meaning: Any elective office shall become
vacant on the happening of any one of the following events before expiration of
the term:
(1) Death.
(2) Resignation.
(3) Upon the determination by the county clerk that the officer was not a duly
qualified elector of the county, and, if required, not a duly qualified elector
of the district of which the officer was elected immediately preceding the
election or appointment.
(4) Ceasing to be a resident voter of the county as determined by the county
clerk and in the case of an officer elected to a seat requiring residency in a
district, ceasing to be a resident voter of that district as determined by the
county clerk.
(5) Absence from the county, unless on county authorized business, for a
period of three consecutive months, without good cause.
(6) Removal by recall as provided by this charter.
(7) Removal by impeachment proceedings for malfeasance, misfeasance,
nonfeasance, or maladministration in office as provided by this charter.
(8) Upon the determination by three impartial, licensed physicians selected by
the council that the officer is mentally or physically infirm or disabled and
will be unable to discharge the officer’s duties for the remainder of the
term. Such action shall be initiated by a majority vote of the entire council.
(9) Upon filing nomination papers for another elective office if the term of the
office sought begins before the end of the term of the office held.
(10) Upon the conviction of any felony in any jurisdiction.
If any of the above events occurs after the election, but prior to the
commencement of the term, the office is vacant at the time the term commences.”
Section 57. Article XIII, section 13-5, Hawai‘i County Charter, is amended to read as follows:
“Section 13-5. Oaths of Office.
Before entering upon the duties of their office, each officer elected or appointed shall
subscribe to the oath or affirmation before some person duly qualified to administer oaths: “I do
solemnly swear (or affirm) that I will support and defend the Constitution of the United States of
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America, and the Constitution of the State of [Hawaii,] Hawai‘i, and that I will faithfully
discharge my duties as … to the best of my ability.””
Section 58. Article XIII, section 13-7, Hawai‘i County Charter, is amended to read as follows:
“Section 13-7. Rules and Regulations.
Except as otherwise provided in this charter, all rules and regulations having the force
and effect of law adopted by any board, commission or administrative head of a department shall
be approved by [the] the mayor before going into effect. The provisions of this section shall be
applicable to service rates or fees, license fees and other charges.”
Section 59. Article XIII, section 13-11, Hawai‘i County Charter, is amended to read as
follows:
“Section 13-11. Penalties.
The council may, by ordinance, provide for the punishment of violations of any
provisions of this charter, of ordinances, or of rules and regulations, by civil fines, either
administratively or judicially imposed, or criminal prosecution, or both. No criminal penalty
shall exceed the amount of two thousand dollars fine or one [year’s] year of imprisonment, or
both. Criminal prosecution shall be as provided by law for the prosecution of misdemeanors.”
Section 60. Article XIII, section 13-20, Hawai‘i County Charter, is amended by amending
subsection (c) to read as follows:
“(c) The time and place of all regular meetings of the council, board or commission shall be
provided in the rules adopted for the conduct of its business. Except as otherwise
provided in this charter, a special meeting may be called by the presiding officer of the
council, board or commission when the date, time and place of such special meeting are
announced prior to adjournment of a regular meeting; otherwise a special meeting can be
called only upon the publication of a notice of such meeting in at least two daily
newspapers of general circulation in this county at least twenty-four hours in advance of
such meeting. If the requirement with respect to publication of notice cannot be met
because of insufficient time, the meeting notice shall be made by broadcasting a
minimum of three announcements in the English language over [FCC] Federal
Communications Commission licensed public radio stations in this county or television
stations with local audience. Such announcements shall be broadcast at least twenty-four
hours in advance of such meeting. To assure the widest possible coverage, the meeting
notice shall be released to radio stations in this county and the announcements shall be
programmed to be heard between the hours of 7:00 [A.M.] a.m. to 5:00 [P.M.] p.m. In
addition to the above requirements, notice of such special meeting shall be conspicuously
posted on the bulletin board of the [Hawaii County Building.] Hawai‘i county building. A
brief resume of the principal business to be taken up at such meeting shall be stated in the
posted notice as well as in the notice released to the news media.”
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Section 61. Article XIII, section 13-20, Hawai‘i County Charter, is amended by amending
subsection (e) to read as follows:
“(e) News gatherer’s sources, privileged. No legislative or administrative body, or any other
[County] county body having the power to issue subpoenas shall adjudge in contempt any
publisher, editor, or reporter, who is or was connected with or employed by a newspaper,
press association, wire service, or a radio or television station, for refusing to disclose, in
any [County] county action, hearing, investigation, inquest, or inquiry, the source of any
information procured while connected or employed by the newspaper, press association,
wire service, or station for publication in a newspaper or for news or news commentary
purposes on radio or television.”
Section 62. Article XIII, section 13-24, Hawai‘i County Charter, is amended to read as
follows:
“Section 13-24. Waiver of Charter Provisions.
If any provision of this charter jeopardizes the receipt by the county of any federal grant-
in-aid or other federal allotment of money, such provision may, insofar as such fund is
jeopardized, be waived by the council upon recommendation of the mayor. Waiver shall be
accomplished by ordinance adopted as prescribed in Section 3-11 except that a duly advertised
public hearing shall be held between first and second readings. Such waiver shall continue in
effect only for the period of time required by the specific grant-in-aid or allotment.”
Section 63. Article XIV, section 14-4, Hawai‘i County Charter, is amended to read as
follows:
“Section 14-4. Conduct of Employees.
Officers and employees of the county while discharging their duties and dealing with the
public shall adhere to the following precepts:
(a) All public property and equipment are to be treated as a public trust and are not to
be used in a proprietary manner or for [the] personal purposes without proper
consent.
(b) No person in a supervisory capacity shall engage in personal or business
relationships with subordinates which might intimidate said subordinates in the
discharge of their official duties.
(c) All persons shall be treated in a courteous, fair and impartial manner.”
Section 64. Article XIV, section 14-5, Hawai‘i County Charter, is amended to read as
follows:
“Section 14-5. Board of Ethics.
There shall be a board of ethics appointed by the mayor with the approval of the council.
It shall consist of five members who shall be residents of the county. Each shall serve for a term
of five years. Upon the initial appointment of members pursuant to this charter, 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
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for a term of four years and one for a term of five years. The [committee] board shall establish its
rules of procedure. Without limitation of its functions, the [committee] board shall:
(a) Interpret the code of ethics for both county officials and the public and on its own
may initiate and render opinions with respect thereto.
(b) Render advisory opinions to county officers and employees with respect to the
code of ethics pursuant to written requests by officers and employees.
(c) Receive and initiate complaints of violations of the code of ethics and transmit
such complaints to the council or the appropriate appointing authority, along with
any pertinent advisory opinions thereto.
(d) Hold hearings or conduct investigations concerning application of the code of
ethics and make public such violations of the code that come to its attention.
(e) Publish advisory opinions with such deletions as may be necessary to prevent
disclosure of identity of persons involved where such opinions are rendered
pursuant to subsection (b) above.
(f) Propose revisions to the code of ethics where not inconsistent with this charter.”
Section 65. Article XIV, section 14-6, Hawai‘i County Charter, is amended to read as
follows:
“Section 14-6. Penalties.
The failure to comply with the provisions of [section] Sections 14-2 to 14-4, inclusive,
shall constitute a cause for suspension, removal from office or employment, or such other
penalty as the council may prescribe by ordinance. Nothing herein shall preclude any other
remedy available against the officer or employee of the county as provided by law.”
Section 66. Article XV, section 15-3, Hawai‘i County Charter, is amended to read as follows:
“Section 15-3. Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than [the
fifteenth day of] January 15 of the charter review year, the mayor with the confirmation of the
council, shall appoint a charter commission composed of eleven members to study and review
the operation of the government of the county under this charter. Commission members, no more
than a majority of whom shall belong to the same political party, shall be representative of the
various geographical areas of Puna, [Ka‘u,] Ka‘, Kona, Kohala, [Hamakua,] H m kua, and
Hilo. The council shall appropriate funds to enable the commission to carry out its duties,
including the hiring of necessary staff.
The commission shall hold at least one public hearing in each of the geographical areas.
The commission may propose amendments to the existing charter or a draft of a new charter
which shall be submitted to the county clerk. Upon receipt of the amendments or charter in the
form as proposed by the commission, the county clerk shall provide for the submission of such
amendments or charter to the electors of the county at either a special election as determined by
the commission or at the first general election following the charter review year. The
commission shall prepare the language of the question to be submitted to the voters for each of
the amendments it proposes.
The commission shall publish not less than forty-five days before any election, at least
once in at least two daily newspapers of general circulation within the county, a brief digest of
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the amendments or charter and the purpose thereof and a notice to the electorate that copies of
the amendments or charter are available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is ratified
or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or a
new charter, if a new charter is proposed, the amendment or new charter shall become effective
at the time fixed in the amendment or charter.”
Section 67. Article XVI, section 16-4, Hawai‘i County Charter, is amended to read as
follows:
“Section 16-4. Status of Agencies and Transfer of Functions.
When this charter takes full effect:
(a) All offices, departments, boards and commissions, the status of which are not
specifically changed or abolished by this charter, are hereby recognized,
continued and established and shall have such powers, duties and functions as
provided by law or ordinance. Members of the various boards and commissions,
excluding the [Hawaii Redevelopment Agency,] Hawai‘i redevelopment agency,
holding office at the effective date of this charter shall continue in office unless
they resign or until their terms of office shall expire, at which time new members
shall be appointed in accordance with this charter.
(b) The [Public Works Board of Appeals] public works board of appeals and the
[Board of Appeals under the Planning Department] board of appeals under the
planning department shall stand abolished and their functions transferred to the
extent provided in Section [5-6.3*.] 6-9.2.
(c) Each county civil service employee affected by the status of agencies and transfer
of functions under this charter shall be assigned to other agencies or executive
agencies in the county without any loss in pay, provided the employee had held
the position for at least one year prior to the full effective date of this charter.
When an employee’s position which has been so affected becomes vacant, that
position shall stand abolished unless the position is permanently created in the
table of organization of the agency or executive agency concerned.
(d) Nothing in this charter shall be deemed to affect the civil service status of
incumbent department heads or deputies in government service prior to the
adoption of this charter, and they shall continue to exercise and discharge the
powers and duties of their respective offices until such time as the offices become
vacant and successors shall have qualified in accordance with this charter or laws
and ordinances enacted pursuant thereto.
(e) Every non-civil service officer, deputy, assistant or bureau head affected by the
status of agencies and transfer of functions under this charter may be absorbed
into a permanent civil service position in the same division or other agencies or
executive agencies as a consequence of the reorganization provisions of this
charter without loss of vacation or sick leave allowance, service credit or other
rights and privileges and without the necessity of examination; provided, that such
officer, deputy, assistant or bureau head possess the minimum qualifications for
the position to which transferred or appointed. The method and procedure for
such appointment or transfer shall be established by resolution or ordinance. The
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provision of this subsection relating to civil service status shall not apply to any
officer, deputy, assistant or bureau head who is appointed as a deputy or assistant
to the administrative head of any agency under this charter.
(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 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 68. Article XVI, section 16-7, Hawai‘i County Charter, is amended to read as
follows:
“Section 16-7. Department Heads Continued in Office.
Notwithstanding any provision to the contrary, each department head, [(]including
elected department heads and department heads appointed by boards or commissions[)], holding
office when this charter takes full effect shall continue in office until a successor takes office or
until removed pursuant to the provisions of this charter.”
Section 69. Article XVI, section 16-10, Hawai‘i County Charter, is amended to read as
follows:
“Section 16-10. [Hawaii] Hawai‘i Redevelopment Agency.
The [Hawaii] Hawai‘i redevelopment agency shall be abolished, and its powers,
functions, rules and regulations transferred to the planning director, on January 1, 2001.”
Section 70. Charter material to be repealed is bracketed and stricken through. 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 and stricken material, or underscoring.
Section 71. The revisor of the charter shall renumber charter article, chapter, and section
numbers and any cross references thereto pursuant to amendments approved by the electorate
that displace existing or newly-enacted charter provisions.
Section 72. The revisor of the Charter of the County of Hawai‘i (2010) shall have the
authority to correct any manifest spelling errors that may not have been included in this
amendment. The revisor of the Charter of the County of Hawai‘i (2010) shall also have the
authority to correct any formatting errors that may not have been included in this amendment.
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For this purpose, formatting errors shall only include the following: numbering, capitalization,
and spacing such that the charter has uniform appearance.
Section 73. This amendment shall take effect upon approval by the electorate.
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CA-38: Relating to Membership on Boards and Commissions
This proposal was brought forth by the managing director and corporation counsel. The
commission found that most members of the county’s boards and commissions serve on a
voluntary basis, even though the charter provides that some form of compensation can be made.
The commission also found that the county should have some discretion on how and when
compensation can be given. Therefore, this proposal would provide a discretionary review on
whether compensation should be paid, and reduces the maximum amount from five times the
state minimum wage to two times the state minimum wage.
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:
“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.
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(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]
may 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] two 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.
(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. 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, chapter, and section
numbers and any 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.
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