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HomeMy WebLinkAboutCHC 1979-1980 Proposals - Rationale . s re,<` / 1, /INTRODUCTION The fourth Hawaii County Charter Commission was appointed in J°iruary, 190 pursuant to Section 15-3 of the Charter of the County of Hawaii. What followed was a series of public hearings, informational sessions with department heads, boards and commission chairmen, and long, weekly meetings. The commissioners carefully studied the Charter and discussed, many times at great length, the workability of present charter provisions and the advantages and disadvantages of proposed amendments. In making and voting on proposals, the commission considered the testimony received in order that the document reflect the desires of a majority of the people. Other important consider- ations were to have a functional document and to achieve a responsive and efficient government. The proposed amendments to the Charter of the County of Hawaii reflect these concerns. II. LEGISLATIVE BRANCH COUNTY COUNCIL COMPOSITION AND TERMS The commission heard substantial testimony. from Big Island residents regarding the composition of the county council. Because this was a major area of concern, the commission formed a subcommittee to carefully study the proposals and to make recommendations to the entire commission. LEGISLATIVE BRANCH (continuation) The task was not an easy one and after weeks of deliberation, the commission voted on a seven member council. Five of the seven members will be elected by the voters of their respective \~ districts--one shall be a resident of the First State Represen- tative District which encompasses Ka'u, Puna, and a portion of South Hilo, the boundary being Haihai Street. Two councilmen must reside in the Second State Representative District which begins at Haihai Street and continues to Wainaku, more specifically Kapue Stream. One councilman shall reside in the Third State Representative District which begins north of Kapue Stream and includes North Hilo, Hamakua, and North Kohala. The fifth district councilman shall reside in the Fourth State Representative District which is comprised of South Kohala, and North and South Kona. These five councilmen shall serve two year terms. The remaining two members shall run at-large and shall serve four year terms. The commission proposal also includes the creation of a reapportionment commission. The commission will be constitued in 1983 and every tenth year thereafter. It will have the authority to apportion the five district council seats and . redraw the district boundary lines where and when necessary. COUNCIL ATTORNEY In order for the council to become more efficient and to handle certain matters more expediently, the commission proposes that the council be allowed to hire its own attorney and necessary staff for research and legal assistance only. The Corporation Counsel will remain the chief legal advisor of the county. VOTING The present charter provision on council voting procedure requires that a roll call vote be taken except on procedural motions. In order to allow more flexibility and to expedite council business, especially on routine resolutions, the commission proposes that a roll call vote be taken as required by the charter or upon the demand of any council member. EMERGENCY ORDINANCES Presently, a section under Financial Procedures allows for . emergency appropriations. To avoid any possible confusion, the commission proposes that the council be specifically allowed to make such appropriations pursuant to the Financial Procedures section. In addition, two-thirds vote of the entire membership would be sufficient for the adoption of such ordinances, and a written request by the mayor could be necessary. INITIATION OF AMENDMENTS TO THE GENERAL PLAN The Planning Director is now the only one who can initiate amendments to the general plan.. The commission has decided to allow the county council to also initiate general plan amendments. SUNSET LAW An efficient use of county funds is necessary in these times of rising costs and the commission proposes that the council be mandated to critically review all programs at least once every four years. Unless the program receives favorable council support, it shall be terminated. -2- ? r CORPORATION COUNSEL The duties of the Corporation .Counsel .have been slightly revised in order to keep it consistent with the commission proposal for the council attorney. The commission has added a new section, "Term of Office." This provision states that the term of office of the corporation counsel, assistant corporation counsel, and deputies shall be the same as that of the mayor. When a successor has not been appointed and confirmed, the Corporation Counsel shall remain in office, but for no longer than three months. III. PLANNING DEPARTMENT DIRECTOR AND PLANNING COMMISSION The commission has refined the procedures and duties of the Planning Department for greater efficiency. Under the commission proposal, the Director will, in addition to his present duties, process rezoning and special exception applications and be charged with the approval of variances. Inline with this change, the Planning Commission will hear appeals on the above applications. BOARD OF APPEALS After examining the Tinction of the present board of appeals under the planning Department and realizing that a similar board exists under the Department of Public Works, the commission voted to consolidate the functions of the existing two boards of appeals. This new board will consist of seven members, and for administrative purposes only, be part of the Planning Department. This board will now be able to review all the facts of the case and shall not be limited to a reversal based on procedural matters only. IV. DEPARTMENT OF WATER SUPPLY Another major proposal for more efficiency is to bring the Department of Water Supply under the direct control and super- vision of the mayor and eliminate its present semi-autonomous nature.. The director of the Department shall be appointed by the Mayor and confirmed by the council. -3.. t V'. • PERSONNEL SERVICES To be in conformance with the State statutues, the commission proposes that the present Department of Personnel Services be known as the Department of Civil Service. Its duties and functions have not changed, except to add "equal employment opportunities". to . the list of major duties. VI. FINANCIAL PROCEDURES GENERAL . The commission, concerned with government waste, proposes that all unencumbered capital expenditure appropriations lapse after two fiscal years from the year in which the appropriation was made. This provisions will allow the books to be cleared of ' old unencumbered appropriations and make those funds available • In other areas. Another commission proposal shifts the initial burden of . .verifying that sufficient unencumbered funds are available to meet any obligation to the agency head. Presently, the Director of Finance is charged with the • cumbersome responsibility of certifying ' that funds are available before obligations are 'incurred. This provision would make each agency more aware of their financial status. CENTRALIZED PURCHASING ' Again; with efficiency and economy in mind, the commission has provided for the creation of a standardization committee to adopt ' standards and specifications for materials, supplies, equipment, and services purchased by the county. All such purchases shall be under the supervision of the Director of Finance. - - T'Ml 1°VII. RECALL AND IMPEACHMENT As an alternative to impeachment proceedings already in the Charter, the commission. proposes RECALL procedures. Recall allows the electors of the county to vote an elected officer out of office after 6 months of service. Not less than twenty-five percent of the registered voters of tit: most recent general election must sign a petition to initiate recall. If the officer fails to resign, a recall election will determine whether the officer is to be removed. The commission feels that twenty-five percent of the regis- tered voters is a sufficiently large number to insure that elected officials will not be subject to unnecessary harassment. For this reason, the commission proposes an increase from twenty-five to a hundred signatures to initiate impeachment proceedings. The commission has also spelled out the impeachment process. VIII. GENERAL PROVISIONS , VACANCYIN OFFICE Since the present Charter contains no definition of vacancy . and in order to avoid any possible future problem, the commission enumerates nine circumstances under which an office would be deemed vacant. An office is vacant upon death, resignation, determination that the officer was not qualified to run for office, leaving the county or moving from his district, absence from the county for Necal• three consecutive months without good cause,nimpeachment, determina- tion by three physicians that the officer is physically or mentally infprm and unable to discharge his duties for the remainder of the term,- filing of nomination papers for another elective office during his own term, and a conviction of any felony. MEMBERSHIP ON BOARDS AND COMMISSIONS Under the present Charr, realtors and developers are pre OArivb eluded from serving on the Planning Commission. The dilarterffeels that there are many persons in the community who have a g Aeat deal to contribute to the county and therefore proposes that a person should not be barred from serving on any board or commission simply -5- because of his occupation. If any conflict arises on any issue, the member may still abstain from voting. CLAIMS The commission proposesthat claims for the recovery of damages for injuries to persons or property be filed within two years rather than the six month period now required. . This proposal was necessary in light of a Hawaii Supreme Court decision and to be, in conformance with the Hawaii Revised Statutes. IX. CODE OF ETHICS The present Charter states that it is a conflict of interest to disclose confidential information gained by reason of one's official position or use such information for personal gain. It was necessary to delete this provision because of a Hawaii • Circuit Court rulings finding that provision invalid. Other provisions already in the Charter adequately protect against the abuse of one' s position. X. CHARTER AMENDMENT OR REVISION • MANDATORY CHARTER REVIEWS The commission proposal to this section is basically to specify the year in which the commission will be constituted and to mandate public hearings in each of the geographical areas of the County. The duties and functions of that commission has otherwise not been changed. XI. MISCELLANEOUS QUALIFICATIONS FOR ELECTED OFFICERS To Keep the residency requirements within constitutional bounds, the commission has proposed that any, person running for any elected office be a duly qualified elector of the county for at least one year rather than two years as is presently required for the office of councilman and prosecuting attorney, and three years for the office of mayor. -6- • The commission .also proposes that persons running for a district seat be a resident voter in his district for ninety days prior to the primary rather than the present two year requirement. Imposing some district residency requirement will continue to help prevent potential candidates from moving at the last minute to gain a political advantage. CONFIRMATION The present Charter calls for the confirmation by the council of only the Corporation Counsel and Planning Director. Noting that all State officials appointed by the Governor are confirmed by the legislature, and desiring uniformity among thedepartment heads, the commission voted to require that all other department heads be confirmed by the council. Removal only of Corporation Counsel requires the approval of the council., Those department heads appointed by commissions or boards are not affected by this proposal. DELETION OF ARTICLE ON SPECIAL ASSESSMENT IMPROVEMENTS The present articrequiring the council to enact certain chapters of the Revised Laws of Hawaii 1955 has been eliminated under the commission proposal. The article is now unnecessary since the council has already acted. EXPLANATION TO 'CATCH-ALL' BALLOT QUESTION This ballot provision provides for the approval of all other amendments that have not been individually voted upon, but nevertheless requiring the formal approval of the voters. Please refer to the introductory remarks for a brief summary of the amendments and the text to the charter in the supplement. The amendments, which include corrections to punctuation, spelling, and other similar matters, are shown in boldface print. Should any of the proposals fail to pass, the County Clerk' s Office shall make appropriate corrections to the Article and Section numbers. • "XII. CONCLUSION After eight months of work, the commission presents this amended Charter. It continues to reflect the strong mayor government, but also provides for checks and balances, and accountability of all government officials. Proceeding with. the idea that the present Charter is basically a sound document, major proposals are few. The commission believes that the amendments reflect 'the desires of the public and that the proposals are all in the best interest of Hawaii' s residents. It therefore recommends that the voters approve the amendments as proposed. • • • • • • • • • •