HomeMy WebLinkAbout2018 General Election Charter AmendmentsPUBLIC NOTICE
PROPOSED AMENDMENTS TO THE HAWAII COUNTY CHARTER
NOTE: THESE PROPOSED AMENDMENTS WILL BE ON
THE GENERAL ELECTION BALLOT, NOVEMBER 6, 2018
The Hawaii County Charter is the document which sets out the form of local government
in the County of Hawaii. Two amendments have been proposed to the Charter by the
Hawaii County Council. The amendments, Proposal "1" and Proposal "T', will be
placed on a ballot in the form of a question, and set before the electorate in the General
Election on November 6, 2018.
Pursuant to Section 15-2, Hawaii County Charter, the full text for these amendments is
published below in ordinance form. In the ordinances, material to be repealed is
bracketed and stricken and new material is underscored. In addition, the relevant ballot
questions are set out preceding the full text of the proposed amendments.
BALLOT QUESTION
PROPOSAL NO. 1: Public Notice and Voting Requirements for the Salary Commission
Shall Article XIII of the County Charter be amended to require the Salary Commission to
publish notification in two daily newspapers in the County, hold at least one public
hearing, and provide a detailed report of its findings and conclusions for public
inspection, all at least thirty (30) days prior to adopting any increase or decrease of a
County elected official or appointed officer's salary, and to further require that the Salary
Commission approve by a two-thirds vote of its entire membership any salary increase or
decrease greater than ten percent?
If you agree with Proposal No. "1," vote yes.
If you disagree with Proposal No. "1," vote no.
FULL TEXT OF PROPOSAL NO. 1
ORDINANCE NO. 18-30
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII,
SECTION 13-28 OF THE HAWAII COUNTY CHARTER (2016 EDITION),
RELATING TO THE SALARY COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Article XIII, section 13-28 of the Hawaii County Charter (2016
Edition), is amended to read as follows:
"Section 13-28. Compensation; Salary Commission.
(a) The salary of all county elected officials and appointed directors and
deputy directors of departments and executive agencies shall be
established by a salary commission which shall consist of nine members
appointed by the mayor with the approval of the council, in the manner
prescribed in Section 13-4(b). The members may be removed in the
manner prescribed in Section 13-4(b).
(b) One member shall be a resident of each council district. In addition, the
director of human resources and deputy director of human resources shall
serve as ex -officio members of the commission in an advisory capacity.
(c) The commission shall establish its rules of procedure, which shall provide
that it meet at least annually, and adopt rules and regulations having the
force and effect of law.
(d) The commission shall review and compensate all county elected officials
and appointed directors and deputy directors so that their total salaries and
benefits have a reasonable relationship to compensation in the public and
private sectors. The salary commission shall consult with those boards
and commissions which have appointing authority for department heads.
(e) At least thirty days prior to the approval of any salary adjustment, the
salary commission shall:
(1) Publish at least once in at least two daily newspapers of general
circulation in the county a detailed account of its proposal, or
proposals, including specific increases or decreases in both actual
dollar amounts and percentages,
(2) Hold at least one public hearing in either east Hawaii or west
Hawaii, provided that any public hearing shall be conducted using
video conference technology to allow for public participation from
both east and west Hawaii; and
(3) Submit copies of a detailed report of the commission's findings
and conclusions used to develop its proposal, or proposals, to the
office of the county clerk and the office of the mayor for public
inspection.
The public notice required pursuant to this subsection shall include
notification that the report of the commission's findings and conclusions is
available for public inspection at the aforementioned locations.
(f1 Any adjustment that increases or decreases any salary by more than ten
percent shall require an affirmative vote of two-thirds of the entire
membership of the salary commission."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawaii,
the reviser need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance, which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate
resolution, shall provide that this amendment be submitted to the electorate of Hawaii
County for approval in the 2018 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take
effect upon its approval by a majority of voters voting on this legislation in the 2018
general election, as duly certified.
BALLOT QUESTION
PROPOSAL NO. 2: Fiscal Impact Statements for Amendments to the Hawaii County
Charter
Shall Article XV of the County Charter be amended to require that any proposed
amendment to the County Charter be accompanied by a Fiscal Impact Statement that
describes the immediate and potential future effects that proposed amendment would
have on County revenues, expenditures, taxes, and fiscal liabilities, and that the Fiscal
Impact Statements be provided to voters no less than sixty (60) calendar days prior to the
election where the proposed change is to be voted on by posting on the County website
and by being made available for inclusion in any voter information pamphlet on County
ballot propositions?
If you agree with Proposal No. "2," vote yes.
If you disagree with Proposal No. "2," vote no.
FULL TEXT OF PROPOSAL NO. 2
ORDINANCE NO. 18-76
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XV OF THE
HAWAII COUNTY CHARTER (2016 EDITION), BY ADDING A NEW
SECTION RELATING TO FISCAL IMPACT STATEMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Article XV of the Hawaii County Charter (2016 Edition), is
amended by adding a new section to be appropriately inserted and to read as follows:
"Section 15- . Fiscal Impact Statement.
Fiscal impact statements shall be prepared by the department of finance for
all proposed amendments or revisions to this charter. Each fiscal impact
statement should, as much as practicable, be written in a manner that can be
easily understood by voters and shall include, but not be limited to, an estimate
of the immediate and any potential future effects the proposed charter
amendment or revision, if enacted, will have on county revenues, expenditures,
taxes, and fiscal liabilities. Such statements may also include graphics to
illustrate the fiscal impact of the proposed amendment or revision in the context
of county resources.
Fiscal impact statements shall be completed at least sixty calendar days
prior to the election at which the proposed amendment or revision will be placed
on the ballot and shall appear on the county website and be made available for
inclusion in any voter information pamphlet which addresses county ballot
propositions.
The council may by ordinance prescribe additional requirements or
refinements to the brovisions of this section."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawaii,
the reviser need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance, which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate
resolution, shall provide that this amendment be submitted to the electorate of Hawaii
County for approval in the 2018 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect
upon its approval by a majority of voters voting on this legislation in the 2018 general
election, as duly certified.
Copies of the full text and the respective ballot questions relating to Proposal "1" and
Proposal "T' are on file in the Office of the County Clerk in Hilo and the Office of the
County Council in Kailua-Kona.
STEWART MAEDA
County Clerk
Hawai `i County is an Equal Opportunity Provider and Employer