HomeMy WebLinkAboutCOMM. 251 April 13 2010 Report to the County Council
COUNTY of HAWAI‘I
2009-2010
CHARTER COMMISSION
Report to the County Council
April 13, 2010
April 13, 2010
The Honorable J Yoshimoto, Chair, and
Members of the Hawai‘i County Council
County of Hawai‘i
Hilo, HI 96720
Dear Chair Yoshimoto and Councilmembers,
The 2009-2010 charter commission hereby submits its report to the county council for its
consideration. This report contains information regarding the proceedings of the charter
commission, its activities, and the finalized amendments for submission to the voters of
our county.
At this time, the commission wishes to thank the administration and the county council
for its support of the commission’s activities. The commission would also like to thank
the citizens and organizations of our county for their input in the charter amendment
process.
Thank you very much for the opportunity to serve our community.
Sincerely,
Edmund W. Haitsuka David Fuertes
Chair Vice-Chair
Casey Jarman Daphne Honma
Parliamentarian Member
Guy Kaulukukui Jamae Kawauchi
Member Member
Joseph Kealoha Alapaki Nahale-a
Member Member
Susie Osborne Todd Shumway
Member Member
Scott Unger
Member
Table of Contents
Introduction .................................................................................... 1
About the Commission................................................................... 2
Commission Activities.................................................................... 3
Charter Amendments...................................................................... 4
CA-1: Relating to the Department of Water Supply..........................................................4
CA-2: Relating to Data Systems........................................................................................6
CA-3: Relating to the Fire Department..............................................................................8
CA-4: Relating to Civil Service Laws.............................................................................10
CA-5: Relating to the Merit Appeals Board....................................................................15
CA-6: Relating to Removal of Directors Serving Under Commissions..........................16
CA-7: Relating to Recall Procedures...............................................................................19
CA-9: Relating to Special Meeting Notices.....................................................................22
CA-10: Relating to the Powers, Duties, and Functions of the Department of
Environmental Management......................................................................23
CA-11: Relating to the Qualifications of the Director of the Department of
Environmental Management......................................................................24
CA-12: Relating to the Initiation of Charter Amendments or Revisions...........................25
CA-13: Relating to Mandatory Charter Review................................................................27
CA-15: Relating to a Public Access, Open Space, and Natural Preservation Fund ..........28
CA-17: Relating to the Reapportionment Commission.....................................................30
CA-23: Relating to Electronic Notification with Newspaper Notification........................32
CA-26: Relating to Conservation of Natural and Cultural Resources...............................36
CA-29: Relating to the Powers, Duties, and Functions of the Prosecuting Attorney........37
CA-36: Relating to Housekeeping Amendments...............................................................39
CA-38: Relating to Membership on Boards and Commissions.........................................70
Acknowledgements....................................................................... 73
INTRODUCTION
In 1963, the State legislature passed Act 73, which enabled the various counties to
form and adopt a charter for their own self-governance. Three charter commissions were
formed; in 1963-1964, 1965-1966, and 1967-1968. The first charter was finally adopted
in 1968 and became effective on January 2, 1969. The 1979 charter commission included
an amendment that required the charter to be reviewed every ten years starting in 1989.
The charter acts as the county’s governing document, outlining the roles and
responsibilities of the county government. Since 1969 the charter has been amended
several times, most recently in 2008. It provides for the broad structure of county
governance and provides the authority for the various county departments to act.
The charter can only be amended by a vote of the citizens of the County of
Hawai‘i. The charter commission’s proposals will be placed on the November 2, 2010
general election ballot with any county council proposed alternatives or citizen initiated
amendments. At that time, the voters will decide which changes are desirable for our
county.
For the council’s consideration, the charter commission respectfully submits its
report to the county council for its consideration pursuant to § 50-8, Hawai‘i Revised
Statutes.
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ABOUT THE COMMISSION
The charter commission is composed of eleven members from around the island.
The commissioners are appointed by the mayor and confirmed by the council. Since the
requirement of the formation of a charter commission every ten years since 1979, this is
the third such charter commission. Since 1963, however, this is the seventh charter
commission of the county.
For the 2009-2010 commission, a majority of the commissioners were sworn in
on March 13, 2009. The commission is comprised of the following officers, members
and staff:
Edmund Haitsuka – Chair
David Fuertes – Vice-chair
Casey Jarman – Parliamentarian
Daphne Honma
Guy Kaulukukui
Jamae Kawauchi
Joseph Kealoha
Alapaki Nahale-a
Susie Osborne
Todd Shumway
Scott Unger
Seth Murashige1
Levi K. Hookano – Attorney
Karen Eoff – Secretary
The commission is guided by Chapter 50 of the Hawai‘i Revised Statutes, Article
XV of the charter, and the commission’s rules of procedure. Hawai‘i Revised Statutes,
Chapter 50 requires that the commission submit to the county council a report which
includes the commission’s activities, findings, and recommendations.
1 Resigned from the commission on April 3, 2009. Commissioner Kaulukukui filled the seat vacated by
Mr. Murashige.
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COMMISSION ACTIVITIES, FINDINGS, &
RECOMMENDATIONS
Activities
Since March 13, 2009 the commission has held eleven regular meetings, three
special meetings, and six public hearings. Throughout the commission’s proceedings up
to the March 12, 2010 meeting, the commission received two-hundred-seven submissions
of written testimony, and heard eighty-five oral testifiers. The number of testimony
received, written and oral, does not take into account repeat testifiers or testimony on
multiple agenda items.
The commission considered thirty-eight proposed amendments to the charter. Of
those original thirty-eight proposals, the commission decided to move nineteen of them to
the voters for approval. Those nineteen proposals, included as the commission’s
recommendations, may be consolidated based on their content if they are related.
Findings
Overall, the commission has found that the charter is a solid document that does
not require extensive amendments. The commission recognizes that the charter is meant
to be a broad document to govern the operation of county government. Prior to each
proposed charter amendment is a brief description of the proposal. This brief description
provides the findings of the commission relating to each proposal.
Recommendations
The recommendations of the commission are best transmitted through its
proposed amendments. Each amendment is attached separately, with a brief description
prior to the text of the proposal as mentioned above. The brief description is not a part of
the official charter amendment.
Conclusion
The commission looks forward to completing its obligation to the county. It
hopes that the county council thoroughly reviews its proposals and awaits the council’s
response. All proposals contained herein are now respectfully submitted to the county
council for its review. A response from the council is expected by May 13, 2010 in
accordance with Hawai‘i Revised Statutes, § 50-8.
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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, with
added language underscored and deleted language bracketed:
“ARTICLE VIII
DEPARTMENT OF WATER SUPPLY
Section 8-1. Organization.
There shall be a semi-autonomous department of water supply consisting of a
water board, a manager-chief engineer and the necessary staff.
Section 8-2. Water Board.
The water board shall consist of nine members who shall be appointed by the
mayor with the approval of the council in the manner prescribed in Section 13-4. One
member shall be a resident of each council district. The manager-chief engineer of the
department of water supply, the planning director and the [chief engineer] director of
public works of the county or their designated representatives shall serve as ex-officio
members of the water board without power to vote. The water board shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law
relating to the management, control, operation, preservation and protection of
the waterworks of the county.
(c) Adopt an annual operating and capital budget for the department, subject to
the hearing and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or otherwise,
and to sell, lease, or otherwise convey real property in the name of the water
board.
(e) Have the authority to issue revenue bonds under the name of the water board.
(f) Have such other powers and duties as may be provided by law.
Section 8-3. Manager-Chief Engineer and Deputy.
The manager-chief engineer of the department of water supply shall be appointed
by the water board and may be removed by the water board. The deputy shall be
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appointed by the manager-chief engineer with the confirmation of the water board and
may be removed by the manager with the approval of the water board. The manager-
chief engineer shall be a registered engineer and shall have had a minimum of five
years[’] experience in an administrative capacity.
Section 8-4. Water Fund.
There shall be established a separate water fund which shall be utilized solely for
water purposes. State and Federal water grants or appropriations and revenues from
operation of the water system shall be included in the water fund.
Section 8-5. Administrative Supervision.
The department of water supply shall come under the general supervision and
control of the mayor, through the managing director.”
Section 2. This amendment shall take effect upon its approval by the electorate.
5
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. All subsequent
chapters shall be appropriately re-numbered.
Section 2. Article VI, Hawai‘i County Charter, is amended by adding a new chapter
to read as follows:
“CHAPTER 11
DEPARTMENT OF INFORMATION TECHNOLOGY
Section 6-11.1. Organization.
There shall be a department of information technology consisting of the director
of information technology and necessary staff.
Section 6-11.2. 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 6-11.3. 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 6-11.4. Powers, Duties and Functions.
The director of information technology shall:
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(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.
(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. This amendment shall take effect upon its approval by the electorate.
7
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 in its entirety.
All subsequent chapters shall be appropriately re-numbered.
Section 2. Article VII, Hawai‘i County Charter, is amended by adding a new chapter
to read as follows:
“CHAPTER 4
HAWAI‘I FIRE DEPARTMENT
Section 6-4.1. 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 6-4.2. 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 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 training and experience in fire control, including at least three years experience
in a responsible administrative capacity.
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Section 6-4.4. 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 powers, duties and functions as may be required by ordinance.
Section 6-4.5. 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 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 6-4.2 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. This amendment shall take effect upon its approval by the electorate.
9
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. The Hawai‘i County Charter contains numerous references to civil service
laws that are under the jurisdiction of the State of Hawai‘i.
Section 2. Article III, section 3-6(b), Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed:
“ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL
Section 3-6. Organization of the Council; Officers; Employees
(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 3. Article IV, section 4-5(a), Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed:
“ARTICLE IV
EXECUTIVE BRANCH
GENERAL PROVISIONS
10
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.”
Section 4. Article V, Chapter 1, section 5-1.3, Hawai‘i County Charter, is amended
to read as follows, with added language underscored and deleted language bracketed:
“ARTICLE V
EXECUTIVE BRANCH
THE MAYOR AND STAFF AGENCIES
CHAPTER 1
MAYOR
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 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 5. Article VI, Chapter 3, section 6-3.4, Hawai‘i County Charter, is amended
to read as follows, with added language underscored and deleted language bracketed:
11
“ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR
CHAPTER 3
DEPARTMENT OF PARKS AND RECREATION
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.”
Section 6. Article VI, Chapter 9, section 6-9.1, Hawai‘i County Charter, is amended
to read as follows, with added language underscored and deleted language bracketed:
“ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR
CHAPTER 9
MISCELLANEOUS
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 7. Article VII, Chapter 1, section 7-1.5, Hawai‘i County Charter, is deleted in
its entirety with subsequent sections appropriately renumbered, with deleted language
bracketed:
“ARTICLE VII
EXECUTIVE BRANCH-DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS
12
CHAPTER 1
DEPARTMENT OF HUMAN RESOURCES
[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 8. Article VII, Chapter 2, section 7-2.5, Hawai‘i County Charter, is deleted in
its entirety with subsequent sections appropriately renumbered, with deleted language
bracketed:
“ARTICLE VII
EXECUTIVE BRANCH-DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 2
POLICE DEPARTMENT
[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 9. Article XIII, section 13-3, Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed:
“ARTICLE XIII
GENERAL PROVISIONS
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 10. Article XIII, section 13-9, is deleted in its entirety with subsequent
sections appropriately renumbered, with deleted language bracketed:
13
“ARTICLE XIII
GENERAL PROVISIONS
[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.]”
Section 3. This amendment shall take effect upon its approval by the electorate.
14
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, with added language underscored and deleted language bracketed:
“ARTICLE VII
EXECUTIVE BRANCH-DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 1
DEPARTMENT OF HUMAN RESOURCES
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. This amendment shall take effect upon its approval by the electorate.
15
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, with added language underscored and deleted language bracketed:
“ARTICLE VII
EXECUTIVE BRANCH-DEPARTMETNS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 1
DEPARTMENT OF HUMAN RESOURCES
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, with added language underscored and deleted language bracketed:
“ARTICLE VII
EXECUTIVE BRANCH-DEPARTMETNS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 3
DEPARTMENT OF LIQUOR CONTROL
Section 7-3.4. Director of the Department of Liquor Control.
16
(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:
(1) Be the administrative head of the department.
(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.
(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.”
Section 3. Article VI, Chapter 4, section 6-4.3, Hawai‘i County Charter, is amended
to read as follows, with added language underscored and deleted language bracketed:
“ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR
CHAPTER 4
FIRE DEPARTMENT
Section 6-4.3. Fire Chief.
(a) The fire chief shall bed 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, with added language underscored and deleted language bracketed:
17
“ARTICLE VIII
DEPARTMENT OF WATER SUPPLY
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. This amendment shall take effect upon approval by the electorate.
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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, sections 12-1.1(a) and (b), Hawai‘i County
Charter, are amended to read as follows, with added language underscored and deleted
language bracketed and stricken through:
“ARTICLE XII
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 12-1.1. Recall Procedure.
(a) A petition demanding recall of an elected official 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.”
Section 2. Article XII, Chapter 1, section 12-1.3, Hawai‘i County Charter, is
amended to read as follows, with added language underscored and deleted language
bracketed:
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“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 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, with added language underscored and deleted language
bracketed:
“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 elected official 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, with added language underscored and deleted language
bracketed:
“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 12-3 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.”
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Section 5. Article XII, Chapter 1, section 12-1.6, Hawai‘i County Charter, is
amended to read as follows, with added language underscored and deleted language
bracketed:
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] valid
votes cast 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] valid votes cast 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 6. 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, with added language underscored and deleted
language bracketed:
“Section 13-20. Records and Meetings Open to The Public.
(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 Hawai‘i 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. This amendment shall take effect upon approval by the electorate.
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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, with added language underscored and deleted language
bracketed:
“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. This amendment shall take effect upon approval by the electorate.
23
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, with added language underscored and deleted language
bracketed:
“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’] year’s administrative experience in a related field and an
engineering degree or a degree in a related field.”
Section 2. This amendment shall take effect upon approval by the electorate.
24
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, with added language underscored and deleted language bracketed:
“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.
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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 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. This amendment shall take effect upon approval by the electorate.
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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 XI, section 10-3, Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed:
“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.
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.”
Section 2. This amendment shall take effect upon approval by the electorate.
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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 to add a new section to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 half of one percent (.5%)] 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 half of one percent (.5%)] 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;
and any other source of revenue.] 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] Access to beaches and mountains;
(B) [preservation] Preservation of historic or culturally important land
areas and sites;
28
(C) [protection] Protection of natural resources, significant habitat or
eco-systems, including buffer zones;
(D) [preservation] Preservation of forests, beaches, coastal areas,
natural beauty and agricultural lands; and
(E) [protection] 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.
(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] council shall by ordinance establish procedures for the
administration and expenditure of moneys in this fund.”
Section 2. This amendment shall take effect on July 1, 2011.
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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, with added language underscored and deleted language bracketed and stricken
through:
“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] 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.
(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.
30
(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 Section 3-17(g). The
[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.
(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.
(g) The [reapportionment] redistricting commission shall [be guided] 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.
(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. This amendment shall take effect upon approval by the electorate.
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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, with added language underscored and deleted
language bracketed and stricken through:
“(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 or 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, with added language underscored and deleted language
bracketed and stricken through:
“(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, with added language underscored and deleted language
bracketed and stricken through:
“(a) Both commissions shall:
32
(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 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, with added language underscored and deleted language bracketed and stricken
through:
“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, with added language underscored and deleted language
bracketed and stricken through:
Section 11-4. Initiative and Referendum Process
“(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
33
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, with added language underscored and deleted language
bracketed and stricken through:
(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 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 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.”
Section 7. Article XV, section 15-2, Hawai‘i County Charter, is amended to read as
follows, with added language underscored and deleted language bracketed and stricken
through:
“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, with added language underscored and deleted language bracketed and stricken
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through:
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] H makua, 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, 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. 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 to add a new section to
read as follows with added language underscored:
“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. The revisor shall appropriately renumber charter chapter numbers, section
numbers, and cross references pursuant to amendments approved by the electorate that
displace existing or newly enacted charter provisions.
Section 3. 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, with added language underscored and deleted language bracketed and stricken
through:
“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.
37
(2) Provide crime prevention training programs for law enforcement agencies,
citizens, businesses, and civic groups.
(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, city ordinances and
applicable city, state, and federal financial and budget policies for crime
research, prevention, and education.”
Section 2. 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,
with added language underscored and deleted language bracketed and stricken through:
“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 with
added language underscored and deleted language bracketed and stricken through:
“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 [Hawaii] Hawai‘i,” hereinafter in the
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.”
39
Section 3. Article II, section 2-1, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 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 with added language underscored and deleted language bracketed and stricken
through:
“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 [HAWAII] HAWAI‘I.””
Section 5. Article III, section 3-10, Hawai‘i County Charter, is amended by
amending subsection (c) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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.”
40
Section 6. Article III, section 3-17, Hawai‘i County Charter, is amended by
amending subsection (b) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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 with added language underscored and deleted
language bracketed and stricken through:
“(d) The legislative auditor shall conduct or cause to be conducted:
(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 with added language underscored and deleted language bracketed and stricken
through:
“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.
41
(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 with added language underscored and deleted language bracketed and
stricken through:
“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 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 with added language underscored and deleted language bracketed and
stricken through:
“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:
42
[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 with added language underscored and deleted language bracketed and
stricken through:
“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.”
Section 12. Article VI, chapter 2, section 6-2.2, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“Section 6-2.2. Director.
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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 with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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.
44
(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.
(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 with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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.
45
(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 10-11 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.”
46
Section 18. Article VI, chapter 7, section 6-7.2, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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.
(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 with added language underscored and deleted language bracketed and
stricken through:
“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‘.
47
(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 with added language underscored and deleted language bracketed and
stricken through:
“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 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 with added language underscored and
deleted language bracketed and stricken through:
“(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
48
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 with added language underscored and
deleted language bracketed and stricken through:
“(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 with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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.
(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.”
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Section 25. Article VI, chapter 9, section 6-9.2, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language
bracketed and stricken through:
“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 with added language underscored and deleted language
bracketed and stricken through:
“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 with added language underscored and deleted language
bracketed and stricken through:
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“Section 6-10.3. Director.
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 with added language underscored and deleted language
bracketed and stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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 with added language underscored and deleted language bracketed and
stricken through:
“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:
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(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 with added language underscored and deleted language bracketed and
stricken through:
“Section 7-3.4. Director of the Department of Liquor Control.
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 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 with added language underscored and deleted language bracketed and stricken
through:
“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.
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(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 with added language underscored and deleted language bracketed and stricken
through:
“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 with added language underscored and deleted language bracketed and stricken
through:
“Section 9-2. Qualifications.
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 with added language underscored and deleted language bracketed and stricken
through:
“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
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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 with added language underscored and deleted language
bracketed and stricken through:
“(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 with added language underscored and deleted language
bracketed and stricken through:
“(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. 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
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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 with added language underscored and deleted language
bracketed and stricken through:
“(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.”
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Section 40. Article X, section 10-5, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 with added language underscored and deleted language
bracketed and stricken through:
“(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.
[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 10-6, Hawai‘i County Charter, is amended by adding a
new subsection (e) to read as follows with added language underscored and deleted
language bracketed and stricken through:
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(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 43. Article X, section 10-8, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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.”
Section 44. Article X, section 10-14, Hawai‘i County Charter, is amended by
amending subsection (c) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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.”
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Section 45. Article XI, section 11-4, Hawai‘i County Charter, is amended by
amending subsection (d) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(d) Within ten working days of receipt of the notice in Section 11-4(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 46. Article XI, section 11-4, Hawai‘i County Charter, is amended by
amending subsection (g) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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, 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 47. Article XI, section 11-4, Hawai‘i County Charter, is amended by
amending subsection (i) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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 48. Article XI, section 11-4, Hawai‘i County Charter, is amended by
amending subsections (l) and (m) to read as follows with added language underscored
and deleted language bracketed and stricken through:
“(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 49. Article XI, section 11-4, Hawai‘i County Charter, is amended by
amending subsection (p) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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 50. Article XI, section 11-5, Hawai‘i County Charter, is amended by
amending subsection (d) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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
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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.”
Section 51. Section 49. Article XI, section 11-7, Hawai‘i County Charter, is
amended by amending subsection (d) to read as follows with added language underscored
and deleted language bracketed and stricken through:
“(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 52. Article XII, chapter 1, section 12-1.3, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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 singing 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 53. Article XII, chapter 1, section 12-1.4, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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
60
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 54. Article XII, chapter 1, section 12-1.5, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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] 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 55. Article XII, chapter 1, section 12-1.6, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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.”
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Section 56. Article XII, chapter 1, section 12-1.9, Hawai‘i County Charter, is amended
to read as follows with added language underscored and deleted language bracketed and
stricken through:
“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 57. Article XIII, section 13-1, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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.
(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
62
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.
(g) 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 58. Article XIII, section 13-5, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 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 59. Article XIII, section 13-7, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“Section 13-7. Rules and Regulations.
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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 60. Article XIII, section 13-11, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 61. Article XIII, section 13-20, Hawai‘i County Charter, is amended by
amending subsection (c) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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 62. Article XIII, section 13-20, Hawai‘i County Charter, is amended by
amending subsection (e) to read as follows with added language underscored and deleted
language bracketed and stricken through:
“(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 63. Article XIII, section 13-24, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 64. Article XIV, section 14-4, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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.
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(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 65. Article XIV, section 14-5, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 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 66. Article XIV, section 14-6, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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
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preclude any other remedy available against the officer or employee of the county as
provided by law.”
Section 67. Article XV, section 15-3, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 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 68. Article XVI, section 16-4, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“Section 16-4. Status of Agencies and Transfer of Functions.
When this charter takes full effect:
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(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 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
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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 69. Article XVI, section 16-7, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“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 70. Article XVI, section 16-10, Hawai‘i County Charter, is amended to read as
follows with added language underscored and deleted language bracketed and stricken
through:
“Section 16-10. Hawaii 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 71. 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 72. The revisor of the charter shall renumber charter article numbers, chapter
numbers, section numbers, and cross references thereto pursuant to amendments
approved by the electorate that displace existing or newly-enacted charter provisions.
Section 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, with added language underscored and deleted language bracketed and stricken
through:
“Section 13-4. Boards and Commissions.
Except as otherwise provided in this charter, all boards and commissions
specifically established by this charter shall be governed by the following provisions:
(a) The members shall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members,
one shall be appointed for a term of one year, one for a term of two years,
one for a term of three years, one for a term of four years, and one for a
term of five years. Upon the initial appointment of the members of a
commission consisting of seven members, one shall be appointed for a
term of one year, one for a term of two years, two for a term of three
years, two for a term of four years, and one for a term of five years. Upon
the initial appointment of a commission consisting of nine members, one
shall be appointed to a term of one year, two for a term of two years, two
for a term of three years, two for a term of four years, and two for a term
of five years.
(b) The members shall be appointed by the mayor, and confirmed by the
council, and may be removed upon recommendation by the mayor and the
approval of the council.
(c) No member shall be eligible for a second appointment to the same board
or commission prior to the expiration of two years, however, members of
any board or commission appointed for a term of two years or less shall be
eligible to succeed themselves for an additional full term.
(d) No member whose term has expired shall continue to serve on such board
or commission, except that if no successor has been appointed and
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confirmed, the member shall continue to serve for ninety days or until a
successor is appointed and confirmed, whichever comes first.
(e) Any vacancy occurring in any board or commission shall be filled for the
unexpired term.
(f) Not more than a bare majority of the members shall belong to the same
political party.
(g) Members shall receive no compensation but shall be reimbursed for
necessary expenses incurred in the performance of their duties. Necessary
expenses may be paid in advance as per diem allowance which shall be
established by ordinance. Members of boards and commissions who do
not receive compensation from their employers during the time they are
serving on boards and commissions [shall] 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.
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Section 3. The revisor of the charter shall renumber charter article numbers, chapter
numbers, section numbers, and cross references thereto pursuant to amendments
approved by the electorate that displace existing or newly-enacted charter provisions.
Section 4. This amendment shall take effect upon approval by the electorate.
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ACKNOWLEDGMENTS
The charter commission would like to especially acknowledge and thank the
following people for their assistance with the charter commission’s activities and
meetings:
Jeanette Aiello
Lincoln Ashida
Susan Caseria
Kareen Forissier
Manu Hanano
Jon Henricks
David Hirt
Kenneth Goodenow
Donna Leonard
Craig Masuda
Drake Okinishi
Charmaine Shigemura
Joyce Unoki
Valerie Victorine
Glynis Yamada
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