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Home My WebLink AboutCHC 1979 PROPOSED CHARTER AMEND NEWSPAPER — a - _'•• 9 \ '- - •� ` 1 Y_ I ( . •it i .i. •.. t r r l• „ - ` . . Hawaii Tribune-Herald,Sunday,September 16, 1.979—B-1 % _ , PROPOSED CHART . _ AMENDMENTS __ . - County of Wawa•• i is _ 1 For Special Election ' S S - On November. 3, 1979 - •'1....J - • �. _ - S - 1. ti;: •,� _.' •::.1j,• ~h'' : • t C • %; • 0. . 5 L i a. p, - y t ayes$, y{ • xe' , � 1979 - 4 s r 3 Charter -,,, ` ., A=yr ¢{ >r@� §f Review ..'")"'--,-;.';''''''''''''.,.-'-'1=1'''' a3"R k'"s apt r ) _ _ �� • ,(k� "t B `, t T; Commission - , - t4, , t t� ` „,,,, _, 3 II.� � }r yF- {* 't. f 9 ;. %% AYE '� . b ! S°r ^7 F:` @, Y;; SYR. ' _ � Vii°. • r H. ..,, > . , ...,. i,i4< ii , ,,, ,, . '44`i ' ' ' i” ,1 .., 4 t 3 t9 j _ l•fr'-',. ' ts9, riii LEFT TO RIGHT: Row 1, Kimiaki Sakata, Chairman; Spencer Kalani Schutte, Vice Chairman; Harlan Cadinha. Row .2, Richard Ishida; Amy Iwa _ Gloria Kobayashi; Akira Omonaka. Row 3, Herman. Sensano; J. E. "Bud'. TrulsoCn Matsuo Yanaga; Basilio Yagong. ' • B-2—Hawaii Tribune-Herald,Sunday,'September'16, 1979 The Fourth INTRODUCTION Hawaii County ' • • Charter Commission January 1979 . . • - The charter is the basic law'from which county government operates. It is to the county what the constitution is to the state. Its effects are far-reaching. Every person is somehow touched by its provisions. Like many other documents; the charter needs to be reviewed trom time-to-time 'to bring it in 1 , • tune with the changing needs of the people of this county. The fourth Hawaii County Charter Commission was appointed in, January, • 1979 pursuant to Section 15-3 of the Charter of the County of Hawaii. What • meetings followed were a series of 'public hearings, informational sessions with . • department heads, boards and commissions 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 ad- vantages and disadvantages of proposed amendments. In making and voting on proposals, the commission considered the testimony Department - received in order that the document reflect the desires of a majority of the ' . PUBLIC Heads people. Other important considerations 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. The entirecharter with proposed amendments, in dark, boldface print, is . 'presented here. _ % Boards and % 1 Commissions �• O 1,' • IV .....) i4gib Ni)0 A • • • a bb_ 4.k Ai' 0 • • ,..: „'T. .. .: ..:-.). • ,'W fro? I. - • . CO 0 ..(.....,. .%:..i.L ........ .-..--L 04., • /# °.• • Chart( !;viewed , ' • ,...."- •:/f .ItA 1 I • OA 0 . R Commission •• • \� I ///• 0 and �,,,/' � ' • — discussed present • '�` ?�,�,` • it IF charter and proposed • >_ ' I_''- y i�� '•`�w amendments 0 * •• '�, -.::. -4. ;• * / V---- M • ill Other �/ • O • ' Charter �/ • . lita: • 4. Commission considerations '0 �► • •44 NA M 0 • ` ', • • • • • 44 f I% ii*/ OF NPi . • • THE HAWAII COUNTY.CHARTER REVIEW COMMISSION County of Hawaii 25 Aupuni Street Public ' Functional Hilo,Hawaii 96720 Mr.Rudy Legaspi ' input Charter County Clerk • County of Hawaii 25 Aupuni Street .6•••••) . , • Hilo,Hawaii 96720 . Dear Mr.Legaspi: RE:TRANSMITTAL—CHARTER COUNTY OF HAWAII • Pursuant to the Hawaii County Charter, section 15-3, • • - Mandatory Charter Review,.1 am pleased to transmit herewith - - in behalf of the Hawaii County Charter Review Commission, • • the Proposed Amendments to the Hawaii County Charter. - 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. To achieve Proceeding with the idea that the present Charter is basically a sound document, major proposals are few. The • a responsive commission believes that the amendments reflect the desires and efficient of the public and that the proposals are all in the best interest of Hawaii's residents.It therefore recommends that the voters government. approve the amendments as proposed.' - - - . Sincerely, /s/KIMIAKI SAKATA' Mr.Kimiaki Sokoto Chairman • , -- _— — - iP 'i . ; I,�snK t_a ' ;iCii,r-t'; ,; iffy sh��i oilis''ii:o,nteF `,a..1: - Hawaii.Tribune-Herald,Sunday.pSebtember 16. 1979—B-3 t LEGISLATIVE 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— BRANCH one shall be a resident of the First State Representative District which encompasses Ka'u, Puna, and a portion of South Hilo, the boundary being Haihai Street. Two councilmen must reside in the Second COUNTY State Representative District which begins at Haihai Street and continues to Wainaku, more specifically COUNCIL Kapue Stream. One councilman shall reside in the Third State Representative- District begins north of Kapue Stream and includes North Hilo, Hamakua, and North Kohala. The fifth district coun- 1 COMPOSITION. cilman 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 & TERMS _ shall run at-large and shall serve four year terms. . HAWAII Seven Two 7 - t COUNTY CHARTERMember at-large four-year _ REVIEW County council terms , \\IAISSIONSES Council members 1. -.0) a -1 Five DISTRICT ONE DISTRICT TWO ' one Two The commission proposal also District Council members p p Council Council member �� includes the creation of a reap- from Haihai St. portionment ' commission. The Members from Ka u to commission will be constituted in Haihai Street to Kapue Stream 1983 and every tenth year thereafter. , It will have the authority to apportion - the- five district council seats and - _ redrawthe district boundary lines . where and when necessary. ' DISTRICT THREE DISTRICT FOUR - .......\\6_,.......-.) - One - One Council member Council member.. . termsar from Kapue Stream from South Kohala to North Kohala to North/South Kona HAWAII - COUNTY CHARTERVOTING - ' REVIEW - The present charter provision on .1 ( ..."-----1 COMMISSION council voting procedure requires that a\\. ;� PROPOSES COUNCIL ATTORNEY roll call vote be taken except on ' procedural motions. In order to allow j In order for.the council to become more more flexibility and to expedite council 1 efficient and to handle certain matters business, especially on routine • more expediently, the commission resolutions,. the -commission proposes proposes that the council be allowed to that a roll call vote be takenas required 1 Hawaii hire its own attorney and necessary staff by the charter or upon the demand of any County for research and legal assistance only. council member. 1 Council The Corporation Counsel will remain the ; chief legal advisor of the county. • 1 • Hire for emergency . . ; , and AttorneyStaff legal • . - ordinances assistance Presently, a section under _Financial • Procedures allows for emergency ap- . ;_� propriations. To avoid any possible ) confusion, the commission proposes that ) Corporation - the council be specifically allowed to •-� \\...... Counsel make such appropriations.pursuant to the Financial Procedures-section. In addition, will remain two-thirds vote of the entire membership chief legal `. would be sufficient for the adoption of ; advisor for such ordinances, and a written request by County of Hawaii the mayor could be necessary. • 1 . ' ; 666 1 gs a _ B-4—Hawaii Tribune-Herald,Sunday,September 16, 1979 . s HAWAII . HAWAII . CORPORATION - COUNTY CHARTER - OUNTY CHARTER REVIEW REVIEW COUNSEL ...\\(( COMMISSION COMMISSION ' PROPOSES PROPOSES _ ..7 • .Te (.... 1 The and Planning County • The Director Council County L Council -. L can[ . The duties of the Coporation initiate • Counsel have been slightly revised in General order to keep it consistent with the LPlan Review i commission proposal for the council I . Amendments all programs attorney. The commission has added a every new section, "Term of Office." This four provision states that the term of office • 1 - - • - years of the corporation counsel, assistant INITIATION SUNSET corporation counsel, and deputies OF AMENDMENTS shall be- the same as that of the ' LAW - mayor. When a successor has not TO THE Unless the been appointed and confirmed, the program receives. Corporation Counsel shall remain in GENERAL PLAN + council support office, but for no longer than three - Under the charter the Planning it shall be months. Director is now the only one who can terminated ., initiate amendments to the general . ' plan. The commission has decided to An efficient use of county funds is - allow the county council to initiate necessary in these times of rising - general plan amendments as well.- 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 . \suport, ifshallbeterm!nated. . HAWAn PLANNING DEPARTMENT HAWAII COUNTY CHARTS - . - OUNTY CHARTER - REVIEW REVIEW COMMISSIONCOMMISSIONi. PROPOSES PROPOSES ,• - More - - A new authority - Board of Appeals - to the Planning to hear - _ Director appeals . ' , from ' Special And be in Planning public works Process charge of Department DepartmentException Zoning Applications variance approvals - •, This Board will be - DIRECTORThe Planning BOARD administered Commission will - by the AND hear appeals on OF De partment nt PLANNING the above APPEALS COMMISSION applications. -• After examining the function of the present board of . appeals under the Planning Department and realizing that a - The.commission has refined the procedures and duties of similar board exists under the Department of Public Works, the Planning Department for greater efficiency. Under the the commission voted to consolidate the functions of the commission proposal, the Director will, in addition to his existing two boards of appeals. This new board will consist . - present duties, ,process rezoning and special exception of seven members, and for administrative purposes only, be applications and be charged with the approval of variances. part of the Planning Department. This board will now be able In-line with this change, the Planning Commission will hear to review all the facts of the case and shall not be limited to a appeals on the above applications. reversal based on procedural matters only. 9 ' - Hawaii Tribune-Herald, Sunday,September 16, 1979—B-5 • ' > ' V ,'t , , i . ,-, ,` , ci'- -•• F, ' - PERSONNEL 1 HAWA- DEPARTMENT' SERVICES COUNTY CHARTER OF WATER . REVIEW I _ , COMMISSION SUPPLY . PROPOSES - i . Another major proposal - The Eliminate for more efficiency is to _ To be in conformance with 1 Department of semi-autonomous bring the Department of the State statutes, the corn- - Water Supply '. nature Water Supply under the mission proposes that the I direct control and present Department of Per- supervision of the mayor -sonnel Services be known as i and 'eliminate its present. the Department of Civil Ser- - semi-autonomous nature. vice. Its duties and functions a - Mayor The director, of the . - have not changed, except to . -- appoints Director Department .shall be add "equal employment op- . confirmed by appointed by the Mayor portunities" to the list of major _ County Council and confirmed by the - duties. - . - t r ' - council. - - • Under control - - • - and supervision • - - . of Mayor . ..../ . - ' • . . - .) . . - -- FINANCIAL PROCEDURES• HAWAII HAWAII GENERAL- , COUNTY CHARTER COUNTY CHARTER t REVIEW The commission, concerned with " REVIEW_ ; COMMISSION government . waste, proposes that all COMMISSION PROPOSES unencumbered capital expenditure ap- - PROPOS propriations 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 Creation - V . . appropriations and - make those funds of standardization All available in other areas. unencumbered Another commission 'proposal shifts the committee capital initial burden of verifying that sufficient that will expenditure ' unencumbered funds are available to meet adopt - appropriations - any obligation to the agency head. lapse : _ Presently, the Director of Finance is • charged- with the cumbersome respon- - sibility of certifying that funds are . available before obligations are incurred. Standards This provision would make each agency of materials - After more aware of their financial status. V _ V . - - two fiscal. • - . - - - . years from the year in which the V • . . V . appropriation was made CENTRALIZED Supplies Equipment Services PURCHASING - ' - - - 1 • win Again, with efficiency and economy in . • mind, the commission has provided for the Purchases ; allow creation off-a standardization committee to shall be the books to be adopt standards and specifications for supervised by , . cleared- materials, supplies, equipment, . and the Director - . ' services purchased by the county. All such of Finance , j purchases shall be under the supervision - _ of the Director of Finance. - ; '+Btbif--d-ltivfdi1 41150rtai4enal1/411,§1M d€397,ilSOlt4laiber X1611 9/St . I HAVIIAII . HAWAII COUNTY CHARTER COUNTY CHARTER REVIEW REVIEW S COMMISSION COMMISSION DEFINES PROPOSES r- . • 1M • RECALL AND IMPEACHMENT . As an alternative to im • Vacancy peachment proceedings already in RECALL In Office the Charter, the commission _ proposes., RECALL procedures.' • 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 i the most recent general election 1 / must sign a ,petition to initiate - j • • recall. If the officer fails to resign, Death Resignation a recall 'election will determine • whether the officer is to be To vote • removed. an elected ! official ! out of office ! Absent Leaving County from County . - . • Not qualified . or three consecutive ! District• months without HAWAII' • good cause COUNTY CHARTER 25%-registered REVIEW voters must l COMMISSION sign a petition E DEFINES Three elltII physicians find , officer � - Impeachment phys Recall • Immically/mentally , • A ‘ infirm and unable _ , The commission feels that 'to discharge duties .-- The twenty-five percent of the is suf for remainder impeachment laggeternumberd to insurecientlthat of term process elected officials will not be subject- to unnecessary harassment. For • this reason, the commission ro oses an increase from twenty- Filingfive'to a hundred signatures to initiate impeachment proceedings.nomination Conviction of papers for another a felony The commission has also spelled elective office and out the impeachment process. during term requires. . • 100 signatures . to initiate impeachment , . . . proceedings - HAWAII GENERAL PROVISIONS COUNTY CHARTER` VACANCY IN OFFICEEVIEW • • MEMBERSHIP COCo MISSION PROPOSES Hft.4%\ . Since the present Charter contains no definition ON BOARDS AND • . of vacancy and in order to avoid any possible COMMISSIONS future problem, the commission enumerates ten circumstances under which an office would be Under the interpretation of the ' • deemed vacant. An office is vacant upon death, present Charter, realtors and resignation, determination that 'the officer was developers are precluded from not qualified to run for office, leaving the county serving on.• the Planning Com or moving from his district, absence from the mission. The charter commission ANY ' feels that there are many persons Person county for three -consecutive months without - in the community who have a great good cause, recall, impeachment, determination . deal to contribute to the county . - • , by three physicians that the officer is physically or and therefore proposes that a . . • mentally infirm • and unable to discharge his person should not be barred from • duties for the remainder of the term, filin of serving on any board or com- 9 mission simply because of his nomination papers for another elective office occupation. If any conflict arises on during his own term; and a conviction of any - _ any issue, the member may still, - felony. - -abstain from voting. _ - Can Serve on Boards or Commissions _- • HawajiTribunesHeraldAunddy„Si:iptember,'16;v1979=B-7 CLAIMS HAWAII The. commission proposes that claims for the • CONTY CHARTER recovery of damages for injuries to persons or REVIEW property be filed within two years rather than the COMMISSION six month period now required. This proposal CONFIRMATION PROPOSES . was necessary in light of a Hawaii Supreme Court ” decision and to be in conformance with the The present Charter calls for the Hawaii Revised Statutes. confirmation by the council of only 1 _ S the Corporation Counsel and NV —.} - Planning Director. Noting that all • State officials appointed by the • Governor are confirmed by the • legislature, and desiring unifor- All Mayor's • mity among the department heads, Department CODE OF ETHICS the commission voted to require Headf • that all other department heads be • • The present Charter states that it is a conflict of confirmed by the council. Removal i interest to disclose confidential information of the Corporation Counsel gained by reason of one's official position or use requires Thos approval heads . such information for personal gain: It was appointed by the commissions or • necessary to delete this provision because of a boards are not affected by this Hawaii Circuit Court ruling, finding that provision proposal. • invalid. Other provisions already in the Charter adequately protect against the abuse of one's _ • Be approved position. by the County Council ;-- (... _ CHARTER AMENDMENT OR • • • REVISION . EXPLANATION TO - MANDATORY CHARTER 'CATCH-ALL' BALLOT QUESTION REVIEWS This ballot provision provides for the approval of all. The commission proposal to this section is other amendments that have not been individually voted basically to specify the year. in which the com- upon, but nevertheless requiring the formal approval of ' mission will be constituted and to mandate public the voters. Please refer to-the intorductory remarks for hearings in each of the geographical areas of the a brief summary of the amendments and the ntext to the County. The duties and functions' of the com charter in the supplement. The amendments, w hich mission has otherwise not been changed. include corrections'to punctuation,'spelling, and other - similar matters, are shown in boldface print. Should any of the proposals fail to pass, the County i Clerk's Office shall make appropriate corrections to the MISCELLANEOUS Article and Section numbers.. QUALIFICATIONS FOR ELECTED . OFFICERS , , : To keep the residency requirements within ALL • constitutional bounds, the commission has OTHER. • 'proposed'that any person running for any elected AMENDMENTS office be a duly qualified resident 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. ' The commission also proposes that persons . - running for a district seat be a resident voter in this 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 ADOPTED? from moving at the last minute to gain a political , • advantage. ' • 1. E 9 CHARTER ELECTION IMPORTANT DELETION OF ARTICLEDATES 3 ON SPECIAL 1. County Charter Election Nov. 3, 1979 • ASSESSMENT 2. Close of Voter Registration _ • • Oct.4, 1979 3. Close of Absentee mail requests Oct.27, 1979 IMPROVEMENTS 4. Absentee Polling place to open Oct. 24, 1979 to The present article. requiring the council to 5. Absentee Polling places Nov. 2, 1979 enact certain chapters-of the Revised Laws of , County.Clerk's Office, 25 Aupuni Street, Hilo, Hawaii i _ Hawaii 1955 has been eliminated under the Monday through Friday: 8:00 a.m. to 4:30 p.m. ) commission proposal. The' article is now un- Saturday 8:00 a.m. to 12:00 noon necessary since the council has already acted. 1 Kona—Finance Factors, Kealakekua '4%..... . } Waimea—Pioneer Federal Savings 8 Loan Assn. of Hi: Monday through-Friday: 9:00 aim. to 3:00 p.m.- B-13—Hawaii Tribune-Herald,Sunday, September 16, 1979 SIDE 1 • T COUNTY OF HAWAII Alps • 1 NINE COUNCIL MENkBERS STATE OF""W"" TOP A 4 IId.; IPIl OFFICIAL BALLOT • CHARTER PROPOSED BY THE CHARTER COMMISSION �vP�A ' VOTE BOTH SIDES(OVER) v�15�P,4®M I 4" r0 This stub shall De removed by the Election Official only, - ,_P0O G�P� I O I Tha full teat of the charter a endments covered by this ballot is Q��`� 1- eileble for inspction et you.polling pI Ask an Election OHi- dal for it.it you wish to s e. ( 'a VOTE YOUR CHOICE I ; ON EACH QUESTION BELOW. r :; 1. COUNTY COUNCIL: COMPOSITION AND TERMS PRESENT PROVISION Section 3.2 of the THREE at- SIX-at-largo with Charter of the County of Hawaii presently provides fora nine member council,six bein Four year term residency'year emeatB residents of six geographical areas and three Four year termsg at•large.All members serve four year terms. - ' 0 • PROPOSED AMENDMENT: If approved,Section • 3-2 of the Charter of the.County of Hawaii shall be amended to provide for a seven mem• bar council,five of whom shall be elected from the four State Representative Distnots and two shall be elected at•large.The district coon- • • • • • cilmen shall serve two year terms and the at- . . large councilmen shall serve four year terms. In addition, a reapportionment commission • shall be created to apportion the district seats every ten years beginning in 1993. SEVEN MEMBER COUNTY COUNCIL' ::i? SHALL THE PROPOSED AMENDMENT ABOVE BE , { ADOPTED? rri• YES + PLANNING DIRECTOR • • • ,illi?; NO + • ' Two at•larye FIVE DISTRICT COUNCIL MEMBERS MORE AUTHORITY • Foe Year Terms' Two.Year,Terms • • • Him VOTE BOTH SIDES (OVER) • SIDE 2 COUNTY OF HAWAII - STATO OF HAWAII TOP • OFFICIAL BALLOT SPECIAL ELECTION . COUNTY • SATURDAY,NOVEMBER 3,1979 DEPARTMENT OF .COUNCIL AMENDMENTS TO THE HAWAII COUNTY WATER SUPPLY CHARTER PROPOSED BY THE CHARTER - e • COMMISSION - UNDER - 6• VOTE BOTH SIDES(OVER) • - • Ths stub shall be removed by the Election Official only. The III teat el the shorter einendn ns covered by this ballet h' - available for inspection a1 vou,palling place.Alk an Em ill.OHI- 41 (yea with ...it. MAYOR ATTORNEY; VOTE YOUR CHOICE • ON EACH QUESTION/FLOW. _ 2.-COUNCIL ATTORNEY ' SHALL THE CHARTER PROVIDE FOR AN AT • • TORNEY FOR THE COUNCIL? • YES - NO 3. AMENDMENTS TO GENERAL PLAN SHALL THE CHARTER PERMIT-EITHER THE COUNCIL OR PLANNING DIRECTOR TO INITI- „,t5;7:::'':: -.e.?:.'”�a �r � ,c ATEGENERALPLANAMENDMENTS? z ��,410 111::: • F YES + � • . County 4. SUNSET LAW NO iii K h� is. • SHALL THE CHARTER PROVIDE FOR AMAN- • sad Council Planning : :: DATORY PROGRAM REVIEW BY THE COUNCIL? % ;vii: s • Director YES + ��c i;ib NO �,..« , , »,( •and 1� :4 ' - i } 5. PLANNING DIRECTOR'S AUTHORITY •' SHALL THE CHARTER REDEFINE THE AUTHOR- 4';'$04-40`..';' - ITY OF THE PLANNING DIRECTOR? i 0 4 . s YES + � ° 1 EKli NO .4...4...;.1- e' S AMEND :6. WATER SUPPLY £ Z u SHALL THE CHARTER BE AMENDED TO BRING ; a I GENERAL THE DEPARTMENT OF WATER SUPPLY UNDER e uo %):`,,i?,::,,, r PLAN ,�Z: THE MAYOR? + �� YES poe NO . . .4:. r H?02 VOTE BOTH SIDES (OVER) gz �y,,� mm ,,...--..-,,,..,,,,,.140.,:.4...'h,.43,..' YYy tcret4 r . E�r�' sky k `.Sall �h'ri� b {. s ;.,3 `.' "^-.-..rill. oi iiiiSgg wuF�.F.. vele.._ ..-.,. .L.)›..e- -. a..tc}...,. . •illi. _--.J..---- 'CV':. c•f �c:r Iw Et 6t, O. If +' )cT 3 t•Udit!clffil� ll�vOIn'--,R,61 - Hawan v aribunb'He.atl AS nZ ,r3ya-Sebt!Qinb" esjT6<: *9 �-� ' rV'.n., .'st1T;s �- y . + ,,8 ; -j',77; - !=.•fn.; f;1 SIDE 1 COUNTY OF HAWAII STATE OF HAWAII TOP • B • • • OFFICIAL BALLOT SPECIAL ELECTION , 411) . . SATURDAY,NOVEMBER 3,1979. - • • e • -'AMENDMENTS TO THE HAWAII COUNTY • CHARTER PROPOSED BY THE CHARTER COMMISSION (I j , 0 • BOARD OF APPEALS I VOTE BOTH SIDES(OVER) To hear appeal from This stub shall be removed by the Election Official only. • • Tb.fail I•.r.1 rhe rh.,,.,•m•ndm•nr.aovr.d by rhi.h.II.,�.- ANY PERSON CAN SERVE • vsi4bl•for imp«tion.r year yelling p6n.Ad.n EI•.1;•n.OfH- ON BOARDS OR COMMISSIONS PLANNING DEPT. OF ter ir. ye.wi.h,e,.•ir. DEPARTMENT I AND VOTE YOUR CHOICE PUBLIC WORKS • j e: i ON EACH QUESTION BELOW. 7. BOARD OF APPEALS - SHALL THE CHARTER PROVIDE FOR A NEW BOARD OF APPEALS TO HEAR APPEALS _ FROM THE PLANNING AND PUBLIC WORKS DEPARTMENTS? YES + • iiiiii NO + - 8. AT SHALLCENTRTHE CHARTERLIZED PROVIDE FOR CEN• TRALIZED PURCHASING? • •• I YES' + NO + 9. RECALL ' SHALL THE CHARTER PROVIDE FOR RECALL • • ril . .14. I Of ELECTED OFFICIALS? YES + j ?'H. NO + 1 ::; 10.-VACANCY IN OFFICE - . f 8 I SHALL THE CHARTER PROVIDE FOR A DEF- INITION OF VACANCY? STANDARDIZATION COMMITTEE YES '+ MAYOR'S TO CENTRALIZE PURCHASING i NO +' DEPARTMENT HEADS UNDER ::: 11. MEMBERSHIP ON BOARDS AND COM- - MISSIONS SHALL THE CHARTER BE AMENDED SO THAT ' ANY PERSON, REGARDLESS OF OCCUPA- Confirmed TION,CAN SERVE ON ANY BOARD OR COM- - by :::? MISSION? .County DIRECTOR OF FINANCE i;t YES NO + Council '`01 VOTE BOTH SIDES (OVER) • SIDE.2 - COUNTY OF HAWAII 1111k. STATE OF HAWAII • TO P OFFICIAL BALLOT. - SPECIAL ELECTION RECALL SATURDAY,NOVEMBER 3,1979 - AMENDMENTS TO THE HAWAII COUNTY - - ALL eCHARTER PROPOSED BY THE CHARTER OTHER 9 COMMISSION • VOTE BOTH SIDES(OVER) This stub shall be removed by the Election Official only. - AMENDMENTS' Tb.tali lest of lb..he.t•r emmdm•nH sor•wd by Ihi.b•It.I I. vdlebI.far in.p•rrion el year polling plow.Ask on Elution Offi- • . , del for it if you wish to.•e it. - f ELECTED VOTE YOUR CHOICE ADOPTED • OFFICIAL ON EACH QUESTION BELOW. :•:•• 12. CONFIRMATION OF DEPARTMENT HEADS SHALL THE CHARTER PROVIDE FOR THE CONFIRMATION OF DEPARTMENT HEADS BY THE COUNCIL? YES + • NO + 13. ALL OTHER AMENDMENTS SHALL ALL OTHER AMENDMENTS BE ADOPTED? .''' ' ., t E t ."--, J,r YES + a NO + A� 0 of y r,.. + . . . ii.::::;: . • OFFICEx " max ils ;� c�� £' ams �4 • E,Nt,teAr,i,,ke,. Viat!%*mss,,,,,b,„, . !i", -,`;'::.''''''i,,,iirl..P:,",,M,,,,,,!,:i., ,?pV .; - :. i ti- H2O2 VOTE BOTH SIDES (OVER) \ -. . A3 4 ,g s l - "' 3 k Q , - - - - - - - -- - - o — 1 . ' ° • y `B-10—Hawaii Tribune-Herald,Sunday,September 14, 1979 ' - PREAMBLE 'for an original appointment within fifteen(15)days after person appointed shall serve until a successor is duly the vacancy occurs. elected at the next State or State and County election and WE;THE PEOPLE OF THE COUNTY OF HAWAII,in (d) No member of the-commission shall be eligible to seated.The election shall be held in accordance with the - the State of Hawaii,with due respect for and in support of become a candidate for election to the council in the first election laws of the State insofar as applicable. the laws of the land,do adopt this CHARTER OF THE election held under any reapportionment plan adopted by The person elected as the successor shall serve out the • COUNTY OF HAWAII, STATE OF HAWAII. the commission. unexpired term of the person he succeeds commencing at (e)The County Clerk,under the direction of the com- 12 o'clock meridian on the first Monday of December • mission, shall furnish all necessary technical and following his election. , ARTICLE I- . secretarial services.The council shall appropriate funds Section 3-7. Removal of Councilmen. Any councilman ' INCORPORATION.AND to enable the commission to carry out Its duties,including may be removed by impeachment or,recall proceedings ' GEOGRAPHICAL LEWIS the hiring of necessary staff. •as provided by this charter. (f) The commission shall act br majority vote of its Section 3-8. Organization of the Council; Officers; • Section 1-1. Incorporation.The people of the county of membership and shall establish its .own procedures', Employees. " Hawaii shall be and continue as_a body politic and cor- except as may be provided for in this charter. (a)The council shall elect from among its members a . porate by the name of"County of Hawaii,"hereinafter in (g)The commission may apportion the district council chairman and a vice chairman,each of whom shall serve -. this charter Called"county."By.that name it shall have seats among the districts and redraw the district lines at its pleasure. Until such time as the chairman en& . perpetual succession. where and when necessary according to law,based upon, presiding officer shall be elected,the mayor shall preside Section 1-2.Geographical Limits.The island of Hawaii but not necessarily limited to,the.most recent federal at such meeting,provided that the mayor shall not have c-- _and:all,other islands within the shores thereof and the census. vote.The chairman shall preside at council meetings.If a - waters adjacent thereto shall be the county of Hawaii. In effecting such-redistricting, the commission shall • any meeting the chairman is not present or unable to act; 'also be guided by the following criteria: . the vice chairman shall then preside.In_the absence of the • (1)No district shall be so drawn as to Unduly favor a chairman and vice chairman,the council shall elect from - - • ARTICLE II person,political faction-, or special interest group. among its members a temporary presiding officer. . POWERS OF THE COUNTY (2)Districts,insofar as practicable,shall be contiguous (b) The council shall appoint the county clerk which - _ -- and-compact. position shall,be exempt from civil service laws and Section 2-1.Powers of_the County.The,county shall have (3) District lines shall, where possible, follow per- classifications. The county clerk shall: • . all powers possible under the constitution and laws of the manent and easily recognized features,and when prac- (1) Be the clerk ofthe council. . State of Hawaii, including all.powers now or_hereafter ticable, shall coincide with census tract boundaries. • (2) Be custodian of the county seal. - . .• given by such constitution'or IB*s;and all other.power$ ' (h) Not more than 120 days after the commission is (3) Conduct all elections held within the county. 1-" not prohibited by such constitutionor.by this charter.The constituted,the commission shall cause to be published in . (4) Appoint the deputy county.clerk and the ,county shall have such as fully andcompletely aa.. a newspaper of general circulation, a proposed reap- ' legislative auditor, with the approval of• the - - though specifically enumerated"in this charter, and.no portionment plan prepared by the commission. At least council,and such positions shall be exempt from • enumeration-of powers in this charter shall,be'deemed_ one public hearing shall be held in each council district .civil service laws and classifications. exclusive-or restrictive. - - - - ••• within forty-five (45) days of initial publication. (5) Perform such other functions as the council Section 2-2. Exercise of- Powers. All powers-of the ' (i) Not later than the last day of September of the may prescribe. ' - county shall be carried into execution as provided by this' reapportionment,year, the commission shall publish a (6)- Appoint necessary staff for which ap- ' . ' charter or, if the charter makes no provision, by or- final reapportionment plan in a newspaper of general propriations have been made by- the council,- dinance or resolution of the county council• . , circulationand shall file such plan with-the County Clerk, subject to civil service laws and classifications, at which time the plan shall become effective.Members of and exercise the same power with respect to the ARTICLE III - . the commission shall hold office until the reap- personnel of his office as the department heads in • LEGISLATIVE BRANCH portionment plan becomes effective. . the executive'branch. ' t - - COUNTY COUNCIL (j)Any registered voter may petition the circuit court to (c) The council may hire necessary staff to provide compel, by mandamus or otherwise, the appropriate legal and research assistance to the council on all matters Section 3=1:-Powers and Functions:--The-legislative person or persons to perform their duty or to correct any related to its deliberations or duties. Such legal and powers of the county shall be vested in the county council. error made in a reapportionmem plan;-or the court-may research_assistance shall be exclusively advisory or in a Its primary function shall be legislation and public policy take such other action to effectuate the purposes of this consultative capacity to the camel-No staff attorney- . formulation,as distinct and separate from the executive section as It maya o shall represent the council or its members in. any par deem ppr priate: Any such petition litigation, nor shall the staff issue any or other administration of county government. — must be filed within thirty(30)days after the fWng of a opinion on nay legal matter which shall formalovor any • • Section 3-2. Composition and Terms.There shall be a final reapportinment plan. related opinion from the office of the corporation counsel. • ( - _ county council composed of.'seven members.' Five. ' Section 3-i.Qualifications.A person must be a citizen of The said staff shall not perform any duties that may be . • councilmen shall be elected by the qualified voters of the the United States of America and have been a duly Inconsistent or in conflict with that of.-the-corporation respective districts as hereinafter described, and two qualified resident of the county for at least one year im- - councilmen shall be elected at-large. The terms of at- ' mediately preceding his election or appointment to the . counsel. large councilmen shall be tour years-and the.terms of county council. Where residency in a district is a All staff attorneys shall be appointed by the presiding disMct councilmen shall be.two years.The terms shall requirement,a person must have been a resident voter of officer of the council,subject to the approval of a majority • .• ' begin at twelve o'clock meridian-on the first Monday of. the district from which he is to be elected or appointed for thereof. Except as.to any staff attorney, who shall be December after their election. Until the county reap- at least ninety (90) days immediately preceding the licensed to practice and it good -standing before the portionmentas created hereunder acts,the Supreme Court of the State of Hawaii, merit principles commission, , -primary election or his appointment. shall apply tothe selection of the remaining staff,pursuant . district councilmen shall be elected as follows: .one Section 3=5. Compensation; Salary Commission. to law. All employees shall serve under the direct councilman from the First State Representative District; (a)The salary of councilmen shall be,established by a supervision of the-presiding officer of the council. _. two councilmen_ from the Second State,Representative salary commission which shall consist of nine members The salaries of the staff shall be fixed by ordinance. District; - one, councilman from the Third •.State -appointed by,.the mayor without the approval of the Section 3-9.. Meetings; Rules and Journal;Voting and - Representative District; and one couincilman from the council,-notwithstanding provision (b) in Section 12-4.. Quorum.The county council shall meet regularly at least ' • Fourth State Representative District. Changes to any The members may be-removed by.the mayor. e _ . district-lines or boundaries shall be the exclusive province (b)me commission shall consist of nine members,six twice in every month at such times and places ns shall 11 of the countyreapportionment commission as pin of whom shall be representatives of the county established sbrule of theerr council. The'ss and shall �° providedPdetermine its rules and order of business and shall - this charter,and the said district boundaries shall remain geographical areas- of Puna, Ka'u, Kona, Kohala, provide for keeping a journal of its proceedings, which - in effect until:the county.reapportionment commission Hamakua and Hilo, and three of whom shall be shall be a public record;In which the ayes and-noes shall realigns-the said districts where necessary according to representative of the county-at-large. In addition, the • the criteria set forth in Section 3-3. The person charged Civil Service Director and Deputy Civil Service Director be entered As required by this charter or at any other time ber. F. - with the duty of conducting elections in the county shall shall serve as ex-officio members of the commission in an upon the demand of.any me ember The affirmative vote of 1 prepare the nomination papers in such a manner that advisory capacity. • a majority of the entire membership shall be necessary for council action.A majority of the entire membership of candidates desiring to file for the office of councilman (c) The commission -shall establish its rules of - - ,shall be able to specify whether theyare seeking the seatprocedure and adopt rifles and regulationsthe council shall constitute a quorum, but a smaller p y g p having the number may adjourn from time to time and may compel with a district residence requirement or the seat with no force and effect of law. the attendance of absent members. ' , district residence requirement as the case may,be. (d) The commission shall review and compensate Section 3-10. Actions of the council. Every legislative Candidates shall be nominated and elected in accordance councilmen and council chairman at an appropriate step act of the council shall be by ordinance. Non legislative — . with the election laws of the state. within a salary range on the same basis as employees of -acts of the council may be by resolution and, except as •bargaining units to assure a sensible relationship to an otherwise provided by law, no resolution shall have the - • Section 3-3. Reapportionment and°Reapportionment adequate scheme of compensation for the work they do. force and effect of law: Every ordinance shall be in- -Years. - (As amended by Ordinance No.56,effective November 26, in- troduced-in writing and-in the form required for final • (a)Tine year 1983 and every tenth year thereafter shall 1974). adoption.The enacting clause of every ordinance shall be - . - be reapportionment years. - : Section 3-6.Vacancy in Office. When any vacancy oc- „BE IT ORDAINED BY THE- COUNCIL OF THE . L (b)A reapportionment commission shall be constituted curs in the county council,the remaining members of the �, COUNTY OF HAWAII and the enacting clause of every . on or before -the first day of February of.each reap- council shall appoint as a successor a person of the same resolution shall be "BE IT RESOLVED BY THE • portionment year and whenever reapportionment is political party as the person he succeeds with the requisite COUNCIL OF COUNTY OF HAWAII." '- ( required by court order.The commission shall- consist of 'qualifications to fill the vacancy.Within thirty days after • - eleven members. The cammlesion members. no More the occurrence of any vacancy the council chairman shall 'Section 3-11.Resolutions.Reading of resolutions may be than a majority of whom shall belong to the same political notify all remaining members of the council by reps' membership: tered by title only.A full g may be required by a one-third - party, shall be representative of the various council mail that on a specified regular meeting date formal vote of the entire membership: _ districts and shall be appointed by the.Mayor and con- .action shall be taken to fill the vacancy.Should the council Section 3-12. Ordinances. firmed by the council. The commission shall' elect a fail to fill any vacancy within sixty days after its oc- (a)Ordinances shall-be initiated as bills which shall be chairman from among its-members. currents, the chairman of the council shall appoint'a � ed only after two readings on separate days.Reading (C)Any vacancy shall be filled in the same manner as successor to fill the vacancy for the unexpired term.The ofe bills may be requiredbtie by a Full irrd vote and public F' • hearings may be by a one-third vote of the entire • . - . — ' ': ,f'',*' P.'''''.".,:. — .1 I, a,I ,-,,-;',. •If' . -,r,, ^n , r ' ,' (), • ,y . ' . Hawaii Tribune-Herald,Sunday,September 16, 19794-41-11.'" -.' • membership. . whether as officers or otherwise,except those whose pay reassignment of duties shall affect the compensation of , (b) Every ordinance of the council shall embrace but is otherwise provided for shall be paid in accordance with the employees,written approval must first be obtained ,, ) .one subject,which subject shall be expressed in its title.If a pay plan enacted by ordinance:The pay plan for persons from the mayor and a report thereon must be submitted to an ordinance embraces a subject not expressed in its title, holding positions in the position-classification plan shall the council within thirty days. . only that subject shall be void. ' ' be in accordance with Section 7-1.5 of this charter.Interim (d) Supervise the performance Of duties by all em- (c) Bills embracing (1) the fixing of, special amendments to the ordinance establishing the pay plan ployees. , - assessments for Vthe cost of improvements, (2).the ap- for the county may be by resolution of the council •(e) Except as otherwise provided by this charter and • I V propriation of public funds or authorization of the provided a revised salary ordinance is enacted at least subject to the approval of the mayor,prescribe such rules, issuance of general obligation bonds or(3)the imposition once annually. . as are necessary for the organization and internal ad- • of a duty or.penalty on any person,shall pass first reading Section 3-18. County Code. ministration of the agency. V - by a vote taken by ayes and noes,and digests of such bills V There shall be a county code containing allcounty or- (f) Perform such duties as are prescribed by this _ . shall be advertised once in a daily newspaper of general V dinances, as may be amended from time ta time, and charter and such other cozies as may be assigned by the circulation in the county, with ayes and'noes, at least copies thereof shall be available for inspection at the mayor. three days before final reading by the council. Not less office of the county clerk. . - '.ARTICLE V V ' than three copies of such bills shall be filed for use and Section 3-17. General Plan. The county council shall . EXECUTIVE BRANCH i ' examination by the public in the office of the county clerk adopt by ordinance a general plan which shall set forth the " v THE MAYOR AND STAFF AGENCIES at least three days prior to the final reading thereof. .council's policy for long-range comprehensive physical V CHAPTER 1 . ' - (d) A bill shall not be amended to change its original development of the county.It shall contain a statement of V ' MAYOR V . , purpose.An amended bill shall,upon a one-third vote of development objectives, standards and principles with Section 5-1.1.Election and Term of Office. The mayor V• the entire membership,be laid over for at least one week respect to the most desirable use of land within the county shall be elected for a term of four'years which term shall • --• 'before_ final reading. — . for residential, recreational, agricultural, commercial, commence at twelve o'clock meridian on the first'Monday .(e) A motion to reconsider made at the time any bill industrial and other purposes which shall be consistent of December following his election. - . , , 'fails to pass final reading shall not be voted upon until with proper conservation of natural resources,and the Section 5-1.2. Qualifications. Any citizen of the United after twenty-four hours. preservation of our natural beauty and historical sites; States Of America who has been a duly qualified resident V Vcr) ' - (f)Ordinances shall become effective upon approval by the most desirable density of population in the several of the county for at least one year immediately preceding- __ I the mayor or at such later date as may be specified parts.of the county; a system of principal thoroughfares, his election as mayor shall be eligible for the office of therein. V highways, streets, public access to the shorelines, and mayor.The mayor may serve for more than two terms of -- (g) ill may incorporate therein any standard other open spaces;the general locations,relocations and office but he shall not serve for_more than two con- . A b -, technical code or portions thereof by reference.The code, improvement of public buildings,the general location and secutive full terms of office. . . , •_ or portions,need not he published in the manner required extent of public utilities and terminals,whether publicly • Section v5-1.3. Compensation..The salary of the mayor - for ordinances,but not less than three copies thereof shall Or privately owned, for water, sewers, light, power,. shall be established by ordinance. , - be filed for use and examination by the public in the office transit, and other purposes;-the extent and location of Section 5-1.4.Powers,Duties and Functions.The mayor - of the county clerk, and notice of the availability of said public housing projects;adequate drainage facilities and _. shall be the chief executive officer of the county vested copies shall be published by the clerk. ' control;air pollution; and such other matter as may;in with all the executive powers of the county, except as . (h)After enactment,ordinances shall be published once the council's judgment, be beneficial to the social, otherwise provided by this charter. He shall have the , in a daily newspaper of general circulation in the county. economic, and governmental conditions and trends and - . power to: • Such publication shall be by title only and shall specify the shall be designed to assure the coordinated development (a) Exercise direct supervision over all agencies - ..-_ ' ayes and noes. . vof the.county and to promote the general welfare and enumerated in this article and other agencies as he may ., Section 3-13. Emergency Ordinances. .The county prosperity of its people. - deem,desirable, and through the managing director - - • council may adopt'emergency ordinances to meet public (a) The council shall enact zoning, subdivision, and supervise and coordinate all other executive agencies of ' emergencies affecting life, health or property. Such Or- such other ordinances which shall contain the necessary the county,except as otherwise provided by this chapter. - - dinances may not be used to levy taxes, authorize the provisions to carry out the purpose of the general plan. (b) Appoint necessary staff for which appropriations , borrowing of money or to grant, renew or extend fran- (b)No public improvement or project,or subdivision or have been made by the council. All positions. in the ' -: chises.Emergency appropriations may be made pursuant zoning ordinance,shall be initiated or adopted unless the, , mayor's office shall be exempt from civil service laws and to Section 9-8.-, same conforms to and implements the general plan.- _ , - Emergency ordinances shall be plainly designated as (c)Amendments to the general plan may be initiated by classifications. (c)._Create positions, including position of deputy or , such and shall contain a declaration describing the the council or the planning director. assistant to each head of an agency where such position -- emergency in clear and specific terms. Any emergency Section 3-18.Mandatory Program Review.At least once has not been created by this charter, for.which ap- ordinance may be considered and adopted after one every four years,the council shall critically review every. propriations have been made by the council,and Abolish ' j , relding,-withor V./Rho-at-amendment;or be rejected at the -program supported wholly or partially by county funds, .Ti positions with the consent Of the council. . meeting at which the same is introduced.The affirmative and unless the council shall favorably-authorize-its con- ._ . (d) Make transfers of positions between agencies or vote of all council members present or by two-thirds of the tinuation at current or modified levels,the program shall between subdivisions of_agencies subject to applicable _ entire membership shall be necessary for adoption of such be terminated. The council shall adopt procedures and civil service regulations. . ordinances.Emergency ordinances shall be published in details to implement this section; . -(e)Recommend to the council a pay plan for all officers ' the same manner prescribed for other adopted ordinances . ARTICLE IV and employees of the county or any of its boards and - and shall become effective lion approval by.the mayor or at such later time, preceding automatic repeal, as the EXECUTIVE BRANCH v•.' ' conunissions, except those whose pay is otherwise provided for; provided,that the salary of any officer or same may specify. GENERAL PROVISIONS employee who is exempt from the civil service laws shall - • - Amendments to any emergency ordinance shall be Section 4-1. Executive Power. The executive power of be subject to approval by the council and the Mayor. .. adopted in the same manner prescribed for adoption of the county shall -be vested in and exercised by the _ (f)Submit an operating budget,an operating program, emergency ordinances. executive branch,,which shall be headed by the mayor, a capital budget and a capita • l program annually to the . Every emergency ordinance, including any amend- except as otherwise provided by this chapter. , • council.• ments made after adoption, shall automatically stand Section 4-2. Organization. The activities under the (g)Sign instruments requiring execution by the county, repealed as of the sixty-first day following the date of direction and supervision of the mayor shall be , except as otherwise provided by this charter or by or- adoption of the original ordinance. • distributed among such agencies established by this , _ . . . dinance. . Section 3-14.Submission of Bills to the Mayor.Every bill charter or as may be established by ordinance of the • , (h) Make periodic reports in addition to the annual adopted by the council shall be duly authenticated by the county council. New functions may be assigned by the report, informing the public-as to county policies, (i) Call special - clerk and the presiding officer and thereupon presented to mayor to existing agencies. programs and operations. . , . the mayor for approval.Such bill shall become effective Section 4-3.Appointment by Mayor.Each agency shall sessions of the council., . as an ordinance upon its approval or such later date as be administered by an officer appointed by the mayor, (j) Veto ordinances. specified therein.If the mayor disapproves a bill,he shall except as otherwise provided by this charter. (k) Enforce the provisions of this charter, the or .,--7, return the bill together with his objections in writing to the . Section 4-4. Advisory Commissions. The mayor may dinances of the county and all applicable laws, and - • V clerk within ten days(excluding Saturdays,Sundays,and appoint advisory commissions.Members of such advisory , exercise such other powers and perform such other duties legal holidays) after receipt. If the mayor does not act commissions shall serve for a period of time not to exceed, as may be prescribed by this charter or by ordinance. within such ten-day period,the bill shall become effective or exist beyond,the term of office of the mayor,except as Section 5-1.5.-Vacancy in Office.A vacancy in the office as an ordinance as if he had approved it.The objections of otherwise provided by this charter. The members of ' of mayor shall be filled by the managing director,or if the the mayor,shall be entered in the journal of the council v 'advisory commissions shall not receive compensation; - office of managing director is vacant, or during such. - and the council may, after five and within thirty days however their authorized expenses shall be paid.from periods as the managing director is unable to so act, by • after the bill has been so returned, reconsider the vote funds of the agency affected by the commission.Advisory the finance director until a successor is duly elected at the upon the bill. If the bill, upon such reconsideration, is commissions shall have no employees, but the mayor • next State or State and County election and seated. again passed by the affirmative vote of two-thirds of the shall cause the employees of the agency concerned to The-person elected as the successor shall serve Out the entire membership the presiding officer shall verify that furnish such services as may be needed by the corn- unexpired term of the person he succeeds commencing at • tact on the face of the bill and such bill shall become ef- missions. - 12 o'clock meridian on the first Monday of December fective as an ordinance with like effect as if approved by Section 4-5. Powers and Duties of Agency Heads. follo • his election.' the mayor.A bill failing to pass upon such reconsideration Subject to the provisions of this charter the ad- - i; Section 5-1.6.-Temporary Absence or Disability.During - shall be deemed lost,. — ministrative heads of each agency or executive agency of the temporary . absence or disability of the mayor, the , If any appropriation bill is presented to the mayor he the county shall have the power to: - managing director shall act as mayor. If the office of may veto any item or portion thereof by striking out or (a) Appoint and remove a deputy or assistant and a managing director is vacant,or during such periods as the reducing the same.The mayor shall append his objections private secretary and such positions shall be exempt from. — managing director is unable to so act, the director,of and the reasons therefor to the bill at the time of signing, civil service laws and classifications. No such ap- finance shall then act as mayor. . , - - and the item or portion thereof so vetoed shall not take pointment shall be made unless the positions have been . Section 5-1.7. Removal of Mayor. The mayor may be effect unless the council shall reconsider the vote on the created and appropriations therefor have been made by -removed reby impeachment or recall 'proceedings as_ i bill and, upon such reconsideration, the bill is again the,council. _ provided by this charter. _ passed by the affirmative vote of two-thirds of the entire (b) Appoint necessary staff for which appropriations Ii membership. - , . have been made by the council. _ CHAPTER,2 . - (c)Take all personnel actions including the assignment CORPORATION COUNSEL . , Section 3-15. Adoption of Pay Plan. All persons em- or reassignment of duties to employees within the salary , - ployed by the county or any,of its boards or commissions, ordinance; provided, that if such assignment or Section 5-.2.1.Organization.There shall be a department ' `'.%1— '0 1 !i,t•f.t 'n.' a, c,a2 10:,c IMs,rt ,6I.,Z igierk'i - B=12=1iawcii§�'i nbune-meraid,Sunday, septemner 16, 1979 iLan. ..:.':�.. -.e .. iii•5 r',' :.•-i '.>"'"•'::1 .1 .".4:::'Y .I15 7.55, .\:5y 7'i,..•. I j j' 11.3 i `+f '1 of the.corporation counsel consisting of the corporation condition of the county at the end of the year,within ninety plans. counsel,assistant corporation counsel and the necessary days after the end of the year. (c) Review subdivision and zoning ordinances and staff. (j) Prepare and maintain a perpetual inventory of all amendments thereto drafted by the director and transmit Section 5-2.2. Apppintment and Removal. The cor- lands, roadways, streets, easements and other land in- such ordinances with recommendations thereon through poration counsel shall be appointed by the mayor, con- terests owned,leased,rented or controlled by the county. the mayor to the council,for consideration.and action.The firmed by the council and may be removed by the mayor (k) Prepare and maintain a perpetual inventory of commission shall recommend approval, in whole or in with the approval of the council.He shall be an attorney equipment owned or controlled by the county and part,with or without modifications, or rejection of such licensed to practice and in good-standing before the materials and supplies in county storerooms,and dispose ordinances. Supreme Court of the State of Hawaii. of property not needed by any agency or executive agency (d) Adopt rules and regulations having the force and Section 5-2.3.Powers,Duties and Functions.Except as of-the county pursuant to policies established by or- effect of law pursuant to the subdivision and zoning or- specified in Section 3-8(c)of this charter,the corporation dinance._ . dinances. _ - counsel shall be the chief legal.advisor and legal (1)Where not in conflict with this charter,assume and (e) Review and recommend to the State land use representative of all county agencies, employees, and perform all the duties and functions of the purchasing commission any change of land use boundaries. officers in matters related to their official powers and agent, the treasurer and the auditor of the county as (f)Hear and determine appeals from the actions of the duties. He shall represent the county in all civil legal_ provided by law, and for this purpose the director of director on rezoning applications,and special exceptions proceedings and shall perform all other services incident - finance shall be authorized to appoint a deputy,to assign from the permitted uses of each district of the zoning • to his office as may be required by law.He shall,however, and reassign such duties to any employee as he sees fit ordinance. be prohibited from representing any elected officer in. and to make internal administrative and organizational (g) Hear and determine appeals requesting variances i ! impeachment proceedings. changes ns he sees fit subject to the approval of the or other exceptions from the subdivision and zoning or- Section. 5-2.4. Assistant• Corporation Counsel. The mayor. dinances where, due to special conditions, a literal' en- assistant corporation counsel shall be appointed by the (m)Exercise such other powers and perform such other forcement of the provisions of the ordinances will result in corporation counsel-and may be removed by the cor- duties as may be prescribed by this charter,by ordinance, unnecessary hardship and the granting of the variances or _' poration counsel.The assistant corporation counsel shall by law or by the mayor. other exceptions will not be contrary to-the public in- be an attorney licensed to practice and in good standing terest. before the Supreme Court of the State of Hawaii. Section 5-3.4. Pension Board. There shall be a pension (h) Hold public hearings whenever necessary and in Section 5-2.5.Special Counsel.The council may,by two- . board consisting of five members who shall be appointed every case.prior to the granting of any rezoning request, 7 • thirds vote of its entire membership, authorize the em- by the mayor and confirmed by the council in the manner variance,special exception,or other related applications. •` ployment of special counsel for any special matter prescribed in Section 12.4. The pension board shall Notice of the time and place of the hearing shall be r i presenting a real necessity for such employment. Any -assume the duties and functions of the pension board of published at least ten days prior to such hearing in a daily 3. such authorization shalt specify the compensation,if any, .the county and the board of trustees of the policemen, newspaper of general circulation in the county. . to be paid for said services. .firemen,and bandsmen as provided by law and shall be , Section 5-2.6.Term of.Office.Notwithstanding Section attached to the department of finance.The county Berk r: '12-8, the term of office of the corporation counsel, and the director of finance shall ex-officio be the secretary CHAPTER 5 1 assistantcorporation counsel and deputies shall be.co- -and treasurer,respectively, of the pension board. DEPARTMENT OF RESEARCH AND DEVELOPMENT terminous with that of the mayor;provided that where a CHAPTER 4 successor has not,been appointed and confirmed, the - PLANNING DEPARTMENT ' ' Section 5-5.1.Organization.There shall be a department ' corporation counsel shall continue in office pending-such Section 5-4.1. Organization. There shall be a planning of research and development consisting of a director and appointment and confirmation, but in no event shall he- department consisting of a planning director,a planning the necessary staff. ` continue in office beyond three months,whether acting or commission, and the necessary staff. . . . - r otherwise.- CHAPTER 3 Section 5-5.2. Director. The director of research and Section 5-4.2.Planning Director,The planning director development shall be appointed by the mayor,confirmed ,_ DEPARTMENT OF FINANCE -shall be appointed by the mayor,confirmed by the council by the council and may be removed by the mayor. ' - Section 5-3.1.Organization.There shall be a department and may be removed by the mayor.The director shall be • r ,r of finance'consisting of the director of finance and the the administrative head of.the department and shall: Section 5-5.3. Powers, Duties' and Functions. The necessary staff. • (a)Serve as the chief planning officer of the county and director of research and development shall:. - , Section 5-3.2.Appointment and Removal. The director .the technical advisor to the mayor,planning commission, (a) Collect and develop data necessary for managerial r- of finance shall'be appointed by-the mayor,confirmed by and council on all planning and related matters. and legislative decision-making,and program and policy- - . •- the council and maybe removed by the mayor. (b)Prepare a general plan and amendments thereto to making. - _ Section 5-3.3. Powers, Duties and Functions. The guide the development of the county, by district or g director`of finance; shall be`the finance officer of the districts. (b)development p staff leadership, enterprises for publicl and chpiding ate ' - development programs, and plans,including , county and shall: (c) Prepare proposed zoning and subdivision or- economic, social and cultural proposals, which enhance - � (a)Assist the mayor in the preparation and execution of dinances,zoning maps and regulations and any amend- improvement of the county community. the operating budget, operating program and capital ments or modifications thereto. - (c)Coordinate informational and regulatory knowledge budget. (d)Review the lists of proposed capital improvements of all federal and state grant-in-aid participation / (b) Collect special assessments as provided by and. contemplated by agencies and executive agencies of the programs which affect the county. subject to law.- county and recommended the order of their priority. - (c)Negotiate loans and the issuance and sale of bonds (e) Be charged with the administration of the sub- ' and notes when authorized by the, council; maintain division and zoning ordinances and regulations adopted ,CHAPTER 6 • records of county indebtedness and have charge of the thereunder. - DEPARTMENT OF WATER SUPPLY_ . payment of interest and principal thereon. , - ' (f) Be charged with the-approval of proposed sub- - (d) Have custody of all public funds belonging to or division plans which are in conformity with the sub- Section 5-6.1.Organization.There shall be a department under he control of the county,, county agency or division ordinance and regulations. of water supply consisting of a board of water supply,a executive agency,and deposit all such funds in banks or (g) Receive,process,and recommend to the planning director of water supply and the necessary staff. trust companies designated as depositories by resolution, commission appropriate action regarding rezoning ap- Section 5-6.2. Director. The director of water supply of the council,subject to the requirements imposed by law plications,special exceptions,and other similar requests. shall be appointed by the mayor,confirmed by the council as to surety and payment of interest,which interest shall (h) Be charged with the approval of variances as and may be removed by the mayor. The director shall ,_ acture to the benefit of the public and shall be credited to provided by law,but if any objections are made in writing have had a minimum of five years of training and ex- the proper fund and#ccount. to the director, the director's actions shall be subject to perience in a responsible administrative capacity,either (e)Examine all contracts,orders and other documents review by the planning commission according to law. If in public service or private business or both. ' by which financial obligations are incurred, and every the said request is denied by the director, the applicant Section 53.3. Powers, Duties and' .Functions. The such-document shall be subject to his approval but he planning commission. director of water supply shall: � ,: j 1?P may appeal such denial to the shall- not approve unless he first verifies the ap- • (i)Exercise all the powers and perform all the duties of • (a) Be the administrative head of the department of propriation, allotment and availability of funds to meet the planning director and the administrator of the corn- water supply. . the obligation concerned and verifies thereto as provided mission as authorized by law or ordinance and exercise (b) Recommend regulations to the board of water - in Section 9-11. such other powers and perform such other duties as shall supply. (f) Prepare and issue warrants, prepare.payrollsand be required or delegated by the mayor, planning con- (c) Have such other powers and duties as may be pension rolls and disburse all funds in the county treasury. mission,or council. - - provided by ordinance or as may be assigned by the '- No money shall be paid out of the treasury unless he first mayor or board of water supply. (i)verifies the appropriation,allotment and availability Section 5.4.3. Planning Commission. The planning In addition,all water systems of the county,including of funds to cover the claim concerned and certifies thereto commission shall consist of nine members who shall be water rights and water sources, together with all as provided in Section 9-11 and(ii)determines that such -appointed by the mayor and confirmed by the council in materials,supplies and equipment and all real and per claim is regular in form, correctly computed and con- the manner prescribed in Section 12.4.. Commission sonal property used or useful in connection with such stitutes a legal obligation. membership shall be representative of the community water systems,shall be under the control of the depart- `` - (g) Maintain a general accountinp rystem for the and of the county geographical areas of Puna,Ka'u,Kona, ment. IS county and require all county agencies and executive - Kohala, Hamakua, and Hilo. In addition, the chief - Section 54.4.Board of Water Supply.The board of water - - agencies to report and remit all receipts to him as often as engineer of the county and the director of water supply or supply shall consist of seven members who shall be ap-,. he deems desirable. their designated representatives shall serve as ex-officio pointed by the mayor and confirmed by the council in the (h)Each month submit to the mayor and to the council members of the commission without power to vote. The manner prescribed in Section 12-4. Commission mem- 5 through the mayor a statement of the revenues and ex- commission shall establish its rules of procedure and bership shall be representative of the community and of penditures for the preceding month and for the fiscal year ;hall: _ - the county geographical areas of Puna, Ka'u, Kona, up to and including the preceding month.Such statement (a)Advise the mayor,council and the planning director Kohala, Hamakua, and Hilo. In addition, the planning shall be sufficiently detailed as to appropriations, allot- in matters concerning planning programs. director and the chief'e `, merits and funds to show the exact financial condition of (b) Review the ngineof the county or their general plan, its amendments designated representatives shall serve as ex-officio the county and of each of its agencies and executive I and other plans and modifications thereof and transmit members of the board without power to vote. ' agencies. such plans with recommendations thereon through the The board of water supply shall:' • - l_ , (i)Submit to the council through the mayor at the end of mayor to the council for consideration and action. The (a) Adopt rules and regulations relating to the i each fiscal year a report of the financial transactions of• commission shall recommend approval, in whole or in management, control, operation, preservation and i that year and a complete statement of the financial part,with or without modifications, or rejection of such protection of the waterworks systems of the county to be --i Hu ai, �iibun11970,4kaldi,' '� °('4 yep L In VOA 3}i kwu 1~ .ig approved by the mayor. be appointed by the mayor,confirmed by the council and CHAPTER 2 • (b) Prepare and submit to the mayor a request for an may be removed by the mayor.He shall be a registered , POLICE DEPARTMENT - ) annual operating and capital improvement budget. The professional engineer: water board's capital improvement projects shall be , Section 6-2.3. Powers, Duties and Functions. The Section 7-2.1. Organization. There shall be a police' consistent with the county's general plan and shall be powers,duties and functions of the department of public department consisting of a police commission,a chief of processed through the county's planning department. works shall be prescribed by ordinance and shall be police and the necessary staff. - (c)Recommend to the county council water rates. exercised and performed by the department. Section 7-2.2. Police .Commission. The police corn- Section 5-6.6.-Revenues. The revenues derived by thea mission shall consist of seven members, two of whom ' CHAPTERdepartment of water supply shall be kept in arseparate DEPARTMENT OF PARRS AND RECREATION shall be residents of the combined districts of North and fund and shall be such as to make said department self- South Hilo, one from the district of Puna, one from the supporting. Section 6-3.i.Organization.There shall be a department district of Ra'u,one from the combined districts of North- and South of parks and recreation consisting of a parks and Kona,one from the combined districts of North - CHAPTER 7 - and South Kohala and one from the district of Hamakua. recreation director and the necessary staff. The members shall be appointed ppointed by the mayor and cox-, • Section 6-3.2. Director. The parks and recreation firmed by the council in the manner prescribed in Section Section 5-7.1.Clerical Pool.There may be a clerical pool • director shallbe appointed by the mayor,.confirmed by 12.4. - thecouncil and may be removed by the mayor. consisting of such positions as the mayor may recommend •Section 7-2.3.Department Rules.The police commission ". and for which appropriations have.been made by the . Section 6-3.3. Powers, Duties and Functions. The shall adopt such rules as it may consider necessary for the • - council. The purpose of such pool shall be to provide Powers,duties and functions of the department of parks conduct of its business-and regulation of the matters : periodic staff assistance to_•he various agencies of the and recreation shall be prescribed by ordinance and shall committed to its charge by law. Except for purposes of county when necessitated byheavyworkloads. The be exercised and performed by the department. 4 in Section 6-3.4.County Bands.The county bands shall be a- inquiry, neither the commission nor its members shall clerical pool shall be attached'to the mayor's office for of the department ofinterfere in any with the administrative affairs of the ' purposes of administration,assignment and coordination part P parks and recreation for ad- department. - • but thepersonnel of the clerical ministrative purposes. The bandmasters shall be ap- " pool shall be subject to the Section 7-2.4. Chief of Police and Deputy. The chief of civil service laws of the state. pointed by the mayor and may be removed by the mayor. police shall be-appointed by the police commission and - - Section 5-7.2.Safety Coordinator.There shall be a safety . The members of the bands and-other employees con- may be removed by the police commission. The deputy netted therewith shall be appointed by the bandmasters be removed by the mayor.The safety coordinator shall: and may be removed by the bandmasters with the ap- firmation of the police commission and may be removed (a) Inspect county owned or controlled equipment, proval of the managing director,and all positions in the by the chief with the approval of the police commission. • -- band shall be exempt from civil•service laws and _ buildings and facilities. Section 7-2.5.•Powers,Duties and Functionsof the Chief , (b) Review operating practices of the various county classifications. of Police.The chief of police shall be the administrative agencies. head of the police department and shall:. • (c) Investigate accidents involving county personnel, - " (a) Be responsible for the preservation of the public equipment,buildings and facilities. - - CHAPTER 4 - peace, prevention of crime, detection and-arrest of of- (d) Make recommendations for prevention and - - FIRE DEPARTMENT -- fenders against the law,protection of the rights of persons - reduction of industrial accidents. • and property, and enforcement and,prevention of " - (e) Review, process and maintain workmen's_corn- mSection 64.1. Organization. There.shall be a fire violations of all laws of the State and ordinances of the pensation records,for the county. department consisting of a fire chief and the necessary -county and all regulations made in accordance therewith. (f) Perform such other duties as may be requested by sem, (b) Train;equip, maintain and supervise the force of the mayor. Section 6-4.2. Fire"Chief. The fire chief shall be ap- police•officers and employees pursuant to the rules of Section 5-7.3.Board of Appeals.The Board of Appeals pointed by the mayor,confirmed by the council and may police commission. , •shall consist of seven members who shall be appointed by be removed by the mayor. - (c) Have"such other powers, duties and functions as the mayor and confirmed by the council in the manner - Section 6-4.3. Powers, Duties and Functions. The may be required by the police commission or provided-by _ • prescribed in Section 12-4. The Board shall hear and powers,duties and functions of the fire department shall law. • determine all appeals from the actions of the planning be prescribed by ordinance and shall be exercised and Section 7-2.6. Dismissal,' Suspension, Demotion or , director and planning commission.In addition,the Board performed by the department. • ' Grievance. The dismissal, suspension, demotion or " shall hear and determine appeals from the actions of the. - grievance of any police officer or employee in the police chief engineer or his staff regarding the enforcement of department shall be under procedures set forth by civil the building,plumbing,and electrical code and laws. - _ •ARTICLE VII • - • service laws and regulations. - - • All hearings shall be conducted according to the State EXECUTIVE BRANCH-DEPARTMENTS OR ` Section 7-2:7. Administrative Supervision._The police Administrative Procedures Act. Whenever possible, AGENCIES UNDER COMMISSIONS department shall come under the general supervision and ;J - persons with a background or expertise in broad areas of • ' R 1 control of the mayor. _ - ' ; 1 ' - planning and construction shall be given preference for DEPARTMENT OF CIVIL SERVICE -- -CHAPTER 3 S appointment to the board,although such background or - - - DEPARTMENT OF LIQUOR CONTROL expertise is nota prerequisite for membership. Section 7-1.1.Organization.There shall be a department 5 !!! The board shall be part of the planning department for of civil service consisting-ofa director, a civil service Section 7-3.1.Organization.There shall be a department administrative purposes and the said department shall commission and the necessary staff. of liquor control consisting of a liquor commission, a - provide necessary clerical and other assistance.- Section 7-1.2. Civil Service Commission. The civil liquor control-adjudication board, a director -of the - ARTICLE VI -- , service commission shall consist of seven members who department and the necessary staff. ; • EXECUTIVE BRANCH - - shall be appointed by the mayor and confirmed by the Section 7-3.2. Liquor Commission:`'There shall be.a- THE MANAGING DIRECTOR AND AGENCIES- council in the manner prescribed in ection 12-4. Com- liquor commission consisting of seven members who shall UNDER THE MANAGING DIRECTOR mission membership shall be representative of the be appointed by the mayor and confirmed by the council CHAPTER 1 community and of the county geographical areas of Puna, _in the manner prescribed in Section 1 2. 4. Commission - MANAGING DIRECTOR ' Ka'u, Rona, Rehab, Hamakua, and Hilo and the mem- membership'shall be representative of the community - - • bers shall all be in sympathy with and believe in the and Of the county geographical areas of.Puna,Ka'u,-Kona, Section 6-1.1.Organization.There shall be a position of principles of the merit'system in public employment. Kohala, Hamakua, and Hilo. The liquor commission , managing director in the office of the mayor.He shall be Section 7-1.3.Director.The director of civil service shall shall:- - the principal management aide of the mayor. -be appointed by the civil service commission and may be fa) Adopt rules and regulations having the force and Section 6-1.2.Appointment.The managing director shall ' removed by the commission. - effect of law for the administration of liquor control in the be appointed by the mayor and may be removed by the Section 7-1.4. "Powers, Duties and Functions. The county and to carry out provisions of the liquor control. mayor. director of civil service shall be responsible for the per-• laws of the State. , Section 6-1.3. Powers, Duties and Functions. The sonnel management program of ,the county with two (b)Grant,renew or refuse applications for licenses for - - managing director shall: distinct categories of duties.The ajor duties shall be in the manufacture, importation and sale"•of liquor in the_ (a) Supervise the administrative functioning of all the areas of equal employment opportunities,personnel county under applicable laws and regulations. - agencies except those under director supervision of the development,personnel deployment,personnel relations (c) Have such other powers and duties as may be mayor. and personnel welfare. The secondary duties of the provided by law,not in conflict with the provisions of this (b) Advise the mayor concerning the operation of all director shall,be the administration of the civil service section. - agencies under his supervision and make,or cause to be; system and the maintenance of the aims and mechanics Section 7-3.3.Liquor Control Adjudication Board.There prescribed by statute. The director shall be the made, investigations and studies of the internal . ad- shall be a liquor control adjudication board consisting of - organization and procedures of any such agency and for ministrative head of the department of civil service and five-members who shall be appointed by the mayor.and - suchpurposemay require reports from any of them. shall be responsible for the proper conduct of all the ad- confirmed by the council in the manner prescribed in • (c)Prescribe standards of administrative practice to be muustrative affairs of the department and for the Section 12-4. followed by all agencies under hissupervision.' execution of the personnel program prescribed by this The liquor control adjudication board shall hear and (d) Attend Meetings of the council or of any board or charter, ordinance, laws and regulations. The civil ser- . determine all complaints regarding violations of the , . committee,when requested by the mayor. vice commission shall function according to statute. The ' liquor control laws of the State,or complaints regarding (e)"Attend meetings of the council and its committees director shall provide technical and clerical staff services violations of rules and regulations established by the , upon request and make available such information as to the commission. liquor commission and impose such fines or punishment. they may require. - _ - as may be provided by law upon the conviction thereof. i (f) Perform all other duties required of him by this Section• 7-1.5. Position Classification Plan; Com- Section 7-3.4. Director of the-Department of Liquor charter or assigned to him by the mayor. - • - enation. Except as otherwise pby law or this - shall Control.e The intedtby theothe departmentcois i liquor control P P providedshall be appointed by liquor commission and maybe CHAPTER 2 charter,all positions in the service of the county shall be removed by the liquor commission. The director of the DEPARTMENT OF PUBLIC WORKS classified within a position classification plan, and all department of liquor control shall: persons holding such positions shall be compensated as (a)Be the administrative head of the department. Section 6-2.1.Organization.There shall be a department provided by the compensation law of the State. (b)Provide clerical and administrative services for the of public works consisting of a chief engineer and the ' Section 7-1.6. Administrative Supervision. The depart- liquor commission and the liquor control adjudication necessary staff. - ment of civil service "shall come under the general board, -including the submission of budget 'for the. Section 6-2.2. Chief Engineer. The chief engineer shall . supervision a n d control of the mayor. operation of the department. _ t'' f • 9=14—Hawaii Tribune_Hera)d,,Sundgy,', Sepfeipb�er 16,,197,9'•- ' (c) Investigate complaints regarding violations of the. - the mayor shall submit to the county council: provement proposed to be undertaken-within the ensuing liquor control laws of the State or complaints regarding (1) An operating budget for the ensuing year. fiscal year, showing the estimated coat of each im- violations of rules and regulations established by the • (2) An operating program for the ensuing three fiscal provement and the pending or proposed method,of liquor commission and report such violations to the years, financing it. The message shall also include such other :prosecuting officer of the county: (3)A capital bpdget for the ensuing fiscal year. supporting or explanatory material as the mayor deems Section 7-3.5. Administrative Supervision. The depart- (4)A capital program for the ensuing six fiscal years. desirable. • ment of liquor control shall come under the general (5) An accompanying message. supervision and control of the mayor. (b) On or before the date specified by the mayor, the Section 9-4. Operating Budget and Capital Budget; head of each county agency and executive agency shall Notice and Hearing.A public hearing shall be held on the ARTICLE VIII furnish the mayor: operating budget and.capital budget not more than four PROSECUTING - (1) Estimates for the current fiscal year and ensuing weeks after submission thereof: At this hearing all per- , ' fiscal years covering the revenues and expenditures of the sons interested shall'have an opportunity to be heard.At Section 8-1. Election and' Term of Office. The agency or executive agency concerned. least two weeks before the hearing, the county council prosecuting attorney shall be elected for a term of four . (2)Estimates of any capital improvements pending or• 'shall publish in a newspaper of general circulation in the years, which term shall commence at twelve o'clock proposed to be undertaken within the ensuing fiscal year county the general summaries of the operating budget • meridian on the first Monday of December following his and within the five fiscal years thereafter. and capital budget and a noticesetting forth the time and election. - (3.)Such other information as the mayor-may'.request. place for public hearing thereon and for their con- , Section 8.2. Qualification. The prosecuting attorney•. (c);The mayor shall review all the estimates furnished sideration by the council: ' shall be an attorney licensed to practice and in good him.He may hold public hearings thereon and may revise standing before the Supreme Court of the Stated Hawaii. the estimates in such manner as•he deems advisable in Section 9-6.Operating Budget:Council Action.After the He shall be a citizen of the United States of America and prep• aring.the budgets and programs. public hearing the county council may adopt the operating shall have been a.duly'qualified resident of the county for (d) Upon submission, the budgets, the programs and budget with or without amendments.In amending,it may j at least•oneyear immediatel r • his election. message shall be a public record in the office of the clerk add new items or increase items in the operating budget. y p eceding 'of the county council and shall be open to public in- It may decrease or delete items,excepting appropriations • 'i- ,} spection. The mayor shall at the same time make required by law and appropriations for debt service.But . Section 8-3. Compensation. The salary of the available copies of the budgets, the programs and in all • cases the estimated revenues for the ensuing year prosecuting attorney shall be established by ordinance.. . message for distribution to interested persons. shall be. at least equal in amount to the proposed ex- - Section 8-4. Powers, Duties and Functions. The Section 9.3. Scope of Operating Budget; Operating' penditures• prosecuting attorney shall: Program; Mayor's Message. The council shall adopt the operating budget on or (a)Attend all courts in the countyand conduct on behalf (a) The operating budget shall present a complete_ before the thirtieth day'of June. If it fails to do so, the of the people all.Prosecutions cutions therein for offenses against financial plan for the current operations of the county and operating budget submitted by the mayor shall be deemed + the laws of the State and the ordinances and�egulations of its agencies and executive agencies in the ensuing fiscal adopted by the council as the operating budget for the - ' the coon year, showing all funds and reserves. Capital ex- ensuing fiscal year. 4 b) Prosecute offenses against the laws of the State penditures to be financed from current revenues hi the The adopted operating budget shall be in effect on and ( ensuing fiscal year shall be included in the operating after the first day'of the fiscal year to which it applies. under the authority of the attorney general of the State. budget as well as in the capital budget.Appropriations for r • (c) Appear in every criminal case where unte,is a such expenditures shall be included in the operating Section 98. Capital Budget and Capital Program: change of venue from.the courts in the county-and' budget. Except as otherwise provided by law, the Scope; Council Action. prosecute the same in any jurisdiction to which the same operating budget shall contain at least the following: (a) The capital budget shall ,contain at least 'the is changed or removed.The expense of such proceeding (1) A simple,clear,general summary of the detailed following: . shall be paid by the county. (d)Institute proceedings,or direct the chief of police to • contents of the operating budget. Such sununary shall (1) A simple,,clear,general summary of the detailed r do.so,before the district judges for the arrest of persons itemize all new positions being requested. contents of the capital budget. • charged with or reasonably suspected of public offenses, (2)The proposed expenditures,including provision for (2)The capital improvements pending or proposed to be . any estimated cash deficit for the fiscal year currently undertaken within the.ensuing fiscal year, together with . when he has information that any such offenses have been coYnmitted,and for that purpose take charge of criminal eng+debt service requirements for the ensuing fiscal the estimated cost of each improvement, the estimated • treses before the district judges, either in person or by a year, and all other expenditures for the ensuing fiscal operating cost, and the pending or proposed method of • 4 deputy or by such other prosecuting officer as he shall -year; capital--and-0therwls to•be met-from-current-'financing it. designate. revenues;and the proposed expenditures shall be shown (3) Capital expenditures to be financed from current (e) Draw all indictments and attend before and give by agenices and programs. revenues in the ensuing fiscal year. . advice to the grand jury whenever cases are presented to (3)A comparative statement of the actual expenditures (b)The capital program shall be used by the-council for it for its consideration. Nothing herein contained shill for the preceding fiscal year, and the estimated ex- informational purposes and as a guide for the estimated • prevent the conduct of proceedings by private counsel penditures for the fiscal year currently ending and the, costs of the proposed capital improvements of the county before district judges or courts of record under the ensuing fiscal year. for the ensuing six fiscal years and shall contain at least direction of the prosecuting attorney. (4) The sums recommended for appropriation on the the following: • (f) Investigate all matters which may properly come basis of proposed expenditures,which sums need not be (1) A simple,clear,general summary of the detailed before him. itemized further than by agencies and programs._ contents of the capital program. (5) The estimated revenues shown by'estimated cash (2)The capital improvements pending or proposed for , Section 8-5.Staff.The prosecuting attorney may appoint surplus, if any, for the fiscal year currently ending, the ensuing six fiscal years,together with the estimated deputies and other necessary staff. The deputy who is proposed tax levies and other sources. cost of each improvement and the proposed method of , . designated as first deputy shall, during the temporary (6)A comparative statement of the actual revenues for financing it. absence of disability of the prosecuting attorney,assume the preceding.fiscal year,and the estimated revenues for . (3)Such other information as the council or mayor may the power and perform the duties of the prosecuting at- the fiscal year currently ending and the ensuing year.The request. torney. estimated revenues for the ensuing fiscal year shall be at (c)After the public hearing on the capital budget,the . least equal in amount to the proposed expenditures. county council.may adopt the capital budget with or ' Section 84.Vacancy in Office.A vacancy in the office'of (b) The operating program shall present a complete without amendment. In amending, the council shall prosecuting attorney shall be filled by the first deputy who-. financial plan for the operations of the county and its request and consider, but need not follow, the recom- . shall act as prosecuting attorney,or if the position of first agencies and executive agencies in the ensuing three mendations of the mayor as to the proposed amendment. deputy is vacant or if the first deputy is unable to so act, -fiscal years, showing. all funds and reserves. The (d)-The council shall adopt the capital budget on or the mayor with the confirmation of the council shall fill operating program shall be used by the council for in-'before the thirtieth day of June. If it.fails to do so, the the vacancy by appointment of a person with the requisite formational purposes and as a guide for the estimated capital budget submitted by the mayor shall be deemed qualifications within thirty days after the occurrence of costs of operating the county government for the-ensuing adopted by the council as the capital budget for the en- , - K the vacancy. three fiscal years and shall contain at least the following: suing fiscal year.The adopted capital budget shall be in The first deputy or the person appointed to fill the (1) A simple,clear,general summary of the detailed effect on and after the first day of the fiscal year. (As - vacancy shall serve until a successor is duly elected at contents of the operating program. amended by Ordinance No:57, effective November 26, . - the next State or State and County election and seated. (2)The proposed expenditures,including debt service 1974.) , The election shall be held in accordance with the'election requirements and all other expenditures for the ensuing At any time during the fiscal year, the council, by or- laws of the State insofar as applicable. • three fiscal years, capital and otherwise; and the dinance adopted by the affirmative vote of at least two- 1 • .'The person elected as the successor shall serve out the Proposed expenditures,year by year,shall be shown by thirds of the entire membership,may amend the capital unexpired term of the person he succeeds commencing at agencies and programs. • budget for that year. In amending, the 'council shall . 12 o'clock meridian on the first Monday of December (3) The estimated revenues shown by estimated cash request and consider, but need not follow, the recom- following his election: •(As amended by Ordiancnce No. surplus,if any,proposed tax levies and other sources.for, mendations of the mayor as to the proposed amendment. 59, effective November 26, 1974.) - the ensuing three fiscal years: . (45 Such other information as the council or mayor may Section 9-7.,Budgets; Public Records. Three copies of • Section 8-7. Removal of Prosecuting Attorney. The request• the operating budget and the capital budget as adopted prosecuting attorney maybe removed by impeachment or (c) The mayor's message shall explain the operating shall be certified by the mayor and the clerk of the county recall proceedings as provided by this charter. ' budget and capital budget both in fiscal terms and in council.One of these copies shall be filed in the office of terms of work to be done. It shall outline the proposed'the mayor and one each in the offices of the director of - ARTICLE IX financial policies of the county for the ensuing fiscal year, finance and the director of planning:The operating budget FINANCIAL PROCEDURES describe the important features of the operating budget and capital budget'shall be made available to the county and capital budget and means of financing the budgets.It agencies and to interested persons,upon such conditions - • Section 9-1. Fiscal Year.The fiscal year of,the county shall indicate any major changes in financial policies and as the council may determine. - . . shall begin on the first day of July and end on the last day in expenditures, appropriations and revenues as com- -- of June of the succeeding year. - , pared with the fiscal year currently ending,and shall set Section 9.8. Appropriations: Supplemental and - forth the reasons for the changes.As to capital budget,the Emergency. When during any fiscal year there are• • Section 9-2.Preparation and Submission of Budget and message shall include a list of pending and proposed available any funds for appropriation, the mayor shall. • ` Capital Program. capital improvements together with the mayor's corn- certify to the county council and the county council may • ,(a)Within ten(10)working days after the close of the ments on such list. It shall itemize and explain each amend or make supplemental appropriations for the year State Legislature but not later than May l'of each year, pending capital-improvement and each capital im- up to the amount of available revenues. Such ap- � _ gX6{ ,1 ,vt -TJ ca'C. -)1j sd.a-r)prts i + evr,iit-8(- 1- y :i h- ,1,0,`,927-,'7. s rHawaii Tribune Herdid;„Suhday,�Sept'ember 1;1i" 1979B-l5 ' ti. 'a :ik i.',3 r.tY;" f`31 'it qs�l . eC;: , �. yf•'s�t - propriations-may` made-by ordinance-effective`im- „ capital improvements to be financed wholly or partly by (d) The advertisement for bids shall be made a suf- mediately upon adoption. ' - the issuance of bonds; nor shall it prevent the making, ficient time before the purchase or contract, and when permitted by law, of any contract or any lease specifications andinvitationsfor bids shall permit such • providing for the payment of funds at a time beyond the full and free competition as is •consistent with the a public emergency life, health or and of the fiscal year in which the contract or lease is procurement of the types of materials, supplies, equip- Toprmeet the council, may make affectingelife, health y ap";) . made. But any contract; lease or other obligation meat and services necessary to meet the requirements of requiring the paythent of funds from the appropriations of the agency concerned. - propriations. Such appropriations may be made by or- a later fiscal year or of more than one fiscal year shall be Mi bids shall be publicly opened at the time and place - present and must-be approved by all council members made or approved by resolution, stated in the advertisement. Award shall be made with . or by two-thirds of the entire membership.To the extent that there are no available unappropriated - reasonable promptness by written notice to the respoa • - revenues to meet such appropriations,the council may by , , sible bidder,whose bid,conforming to the invitation for. ordinance authorize the issuance-of emergency notes, bids,will be most advantageous to the county,price and other factors considered. - Section 9-12. Special Funds: Upon recommendation of • (e) Purchase orders shall be issued upon the.en- These notes may be renewed from time to-time,but the the mayor-the council mayby ordinance abolish or dorsement of the purchasing agent, and such en- emergency notes and renewals of any fiscal year shall be' establish such special funds as may be necessary for the dorsement shall be made in accordance with rules and paid not later than the first day of the fiscal year next proper and efficient segregation of fiscal operations of the regulations promulgated by the director of finance. - succeeding that in which the emergency appropriation county- (f) The director of finance shall, from time to time, _ was made.The total of emergency appropriations in any secure from all agencies estimates of their needs for fiscal year shall not exceed one-half of one percent of the - - . articles-of common use and shall, when practicable, total operating appropriations, excluding those for debt consolidate requisitions in order to secure the benefit's of service made in the operating budget for thatyear. , ; Section 9-13. Post-audit. The county council shall quantity purchases, and may enter into cooperative provide at least once every year for an independent audit buying arrangements withother public agencies. of the accounts and other evidences of financial.tran- (g) The director of finance may by rules and sections of the county and of every county agency and regulations provide for: ' executive agency.The audit shall be made by a certified (1) Emergency purchases which might be required. Section 9-9.Appropriations:Reduction and Transfer.If public accountant or firm of certified public accountants, (2) Petty cash funds or blanket purchase orders or at any time duringthe fiscal year it appears probable to designated by the council,who have no personal interest, beth- - - - ' the mayor that the revenues available will be insufficient direct or indirect,in the fiscal affairs of the county or of (3) Non-competitive purchases .and contracts to meet the amount appropriated,he shall report to the any of its agencies or executive agencies.The audit shall provided for under subsection 9-14 (c) (3). ' - county council without delay, indicating the estimated include both financial accountability and adequacy of the • (4) -Approval and signing procedures related to the amount of the deficit.For that purpose the council may by financial and accounting system.If the State makes such issuance of purchase orders. - ordinance reduce one or more appropriations;. but no an audit, the council may accent it as satisfying the (5) Negotiated sales of county-property found appropriation required for debt service may be reduced . requirements of this section. unusable for public purposes and valued below $100.00 and no appropriation may be reduced by more than the Either the council or the mayor may at any time order without public auction. • amount of the unencumbered balance thereof or below an examination or audit of the accounts or program of any (h) All county storerooms.(other than departmental) any amount required by law to be appropriated. county agency or executive agency. Upon the death, - shall.be supervised and operated by the director of - resignation, removal or expiration of the term of any , finance. - - • county administrative officer,the director of finance shall (f) The director of-finance shall require such guaran- The mayor may at any time during the fiscal year cause an audit and investigation of the accounts main- tees of performance by vendors as in his opinion may be - transfer part of all of any unencumbered appropriation tained by the officer and by•his agency or executive necessary or-may be prescribed by ordinance. balance between classifications of expenditures or agency to be made_and shall report the results thereof to programs within an agency or executive agency;and if at the mayor and the council. Inthe case of the death, ` any time the mayor so requests in writing,the council,by resignation or removal of the director of finance, the - - ' - resolution effective immediately upon adoption, may council may cause an audit to be made of the accounts of - transfer,part or all of any unencumbered appropriation all agencies and executive agencies.If,as a result of any balance from-one agency or executive agency to another. such audit,an officer be found indebted to the county,the _ But no transfer shall be made from appropriations for mayor shall proceed forthwith to collectthe indebtedness. ARTICLE X _ debt service or for estimated cash deficit; and no ap- INITIATIVE AND REFERENDUM. prgpriation may be reduced below any amount required ''a . by law to be appropriated. Section 10-1:The Powers of Initiative and Referendum. . - • (ap The power of voters to propose ordinances(except - - as provided in Section 10-2 )shall be the initiative power. • - - - (b)The power of voters-to approve or reject ordinances Section 9-14. Centralized Purchas by election(except as provided in Section 1.0-2) shall be _ Section 9-10. Lapse of Appropriations. General ap- the'referendum power, propriations, except an appropriation for a capital (a) The department of finance shall be responsible for ; - ex- penditure,shall lapse at the close of the fiscal year to the the procurement of all materials,supplies,equipment and _ extent that the same has not been expended or en- services required by any agency of the county,except as cumbered. An appropriation for a capital expenditure otherwise provided by this charter or any law. - Section 10-2. Limitations to Powers. The initiative _ that is not encumbered shall lapse at the end of two fiscal power and the referendum power shall not extend to: aNly part or all of the operating budget or capital budget;any years following the fiscal year that the appropriation was (b) There shall be a standardization committee com - financial matter relating to public works; any ordinance made. posed of five members. The mayor shall appoint four making or repealing any appropriation-of money or fixing members without necessity of council confirmation,each the salaries of county employees or officers; any or- of whom shall be from a separate department. The fifth dinance authorizing or repealing the levy of taxes; any - member shall be a representative of the department of emergency legislation. - Sectio - - n 911. Pa finance who shall serve as chairman of the committee. - yments and Obligations'Prohibited: The committee shall classifyall materials, Verifications;Penalties.No payment shall be authorized supplies and or made and no obligation incurred against the county equipment commonly used by the various agencies of the - except in accordance with appropriations dulymade. No county and•shall prepare and adopt standards and Section 10-3, Submission Requirements.quirements: payment shall be made against any allotment or ap- specifications for such materials, supplies and equip- (a)Voters seeking to propose an ordinance by initiative _ propriation unless the director offinance first verifies meat. - shall submit an initiative petition addressed to the couneil- that there is sufficient unemcumbered balance in the - and containing the full text of the proposed ordinance.The _ ` allotment or appropriation and that sufficient funds initiative petition shall be filed with the clerk of the therefrom are available to cover the claim concerned;nor (c) All purchases and contracts for materials, sup- council at least forty-eight hours prior to any regular ' incurred any piles; equipment and services -shall be made by ad- council meeting. app opriation unless the agencyahead firsainst t verifies that vertising,except that such purchases and contracts may (b) Voters king referendum on an ordinance shall. be negotiated without advertising if: submit a referendum there is sufficient unemcumbered-balance in the allot- petition addressed to the council, ment or appropriation and that sufficient funds therefrom (1) The public exigency will-not admit of the delay identifying the particular ordinance and requesting that it. incident to advertising. will be available to meet the obligation concerned when it .. be either repealed or referred to the voters of the county, • becomes due and payable.Every obligation incurred and • (2)- The aggregate amount involved does not exceed (c) Each initiative petition and each referendum- eve authorization of $4,000.00;however,any purchases or contracts involving petition must be signedby qualified voters of the county every payment in violation of the sums between $500.00 and $1,000,00 shall be based on provisions.of this charter shall be void. Every payment competitive bids which shall be in writing. number of personsoto whot voted infteec percent theof the teto'f made in violation of the provisions of this charter shall be - (3) It is im ractica le to secure competitive bidding voted the county for' office of illegal;and all county officers who knowingly authorize or p mayor in the last preceding general election. ' make such payment or anyfor materials,supplies and equipment,including animals, part thereof shall be jointly plants, -food and fodder for animals of the zoo, non- - - and severally liable to the county for the full•amount so• processed agricultural'products,patented or proprietary . paid or received- If any "county officer or employee articles-and books and publications. -- Section 10-4.. Petitioners' Committee, For each• _ knowingly authorizes or makes any payment or incurs '(4) It is determined that theprocurement of equip- initiative or-referendumpetition there shall be a any obligation in violation of the provisions of this charter q p" - or takes part therein, that action shall be cause for his ment determined to be technical equipment is necessary petitioners' committee representing all the petitioners, removal. to assure standardization of the equipment and in- which committee shall be composed of five members who terchangeability of parts and that such standardization shall be qualified voters of the county and signers of the ' • . - and interchangeability are necessary in the interest of petition. The committee shall be responsible for cir- - economy. ' culation of the petition and for assembling and filing the ',-- Nothing contained in this section or other sections of this- (5) Any other procedure or matter will promote the petition in proper form. The committee shall have the charter shall be construed to prevent the making or - effective,efficient and timely procurement of goods and power to amend or withdraw the petition as provided in authorizing of payments or making of contracts for services.- - this charter. B-16—Hawaii Tribune-Herald, Sunday, September 16, 1979 . , .Section 10-5. Initiative and Referendum Petitions; ., (c) A majority of the petitioners' committee may - Section 11-1.2. Petitions. -Petition papers shall be Forms and- Sufficiency. Initiative and referendum request the county council to review a clerk's certificate, procured only from the county clerk, who shall keep a C petitions shall be governed by-the rules regarding form at or before the meeting at which the clerk presents the - . sufficient number of such blank-petition papers on file for and sufficiency set forth in this section,as well as by such certificate to the council. The council shall review the distribution as herein provided. Prior to the issuance of • other rules as the county council may impose by'or- latest clerk's certificate, upon the committee's request, such petition papers,an affidavit shall'be made by one or dinance,consistent with the provisions and with the spirit and shall approve or reject the certificate or may sub- _more voters and filed with the clerk,stating the name and and purpose of this charter. stitute its own determination of sufficiency of the petition office of the officer sought to be removed. by resolution. The review actions of the council shall be - - final but shall not preclude the filing of a new petition for - the same purpose. Section 11-1.3. Signatures. Each signer of-a recall ' (a)For immediate acceptance of petitions the clerk of • petition shall print his name, add his signature, his the council-shall require that: - - ' residence address, his social security number and the (1)The petitions indicate by name and address,the Section 10-7. County Council Action on Petitions. date of signing on said petition. To each such petition five signers who constitute the petitioners' corn- (a) The county council shall proceed immediately to paper there shall be attached-an affidavit of the cir- , mittee for that petition. - consider an initiative or referendum petition which has culator thereof,stating the number of signers to such part (2)Thn petitions indicate the address,to which all been determined sufficient in accordance with the of the petition and that each signature appended,to the ' _ _ notices for petitioners'committee are to be sent. • •provisions of this article: If an initiative petition is con- paper was made in his presence and is believed to be the cerned, the ordinance it proposes shall at once be in- genuine signature of the person whose name it purports to (3)The signatures to petitions be filed on papers of . #roduced subject to theprocedures required for or- be, and that each signer understood the nature of the uniform size and style and assembled as one in -recall petition. •• . • ' strument. Upon presentation, petitions which. dinances under.Sections 3-10. and 3-12 of this charter; - atrum nt. comply with this supetitions sa) hhowever,not more than sixty days shall elapse betweenreasonabl " be accepted by the clerk without delay; shallpetitions . the time of first reading of the initiative proposal as a bill shall be rejected for non-compliance.ut p and completion of consideration to adopt,`amend, or Section 11-1.4. 'Filing and Certification. 'All l reject the same.If a referendum petition is concerned,theg papers (4) Each elector signing such petition shall print comprising a recall petition shall be assembled and filed his name,add his signature,his residence address, ordinance to which that petition is directed shall be - with the county clerk as one instrument within thirty (30) - his social security number the date of signing reconsidered by the council;and not later than thirty days days after the filing,with the clerk,of the affidavit stating on said petition. -after the date on which the petition was determined' the name and office of the officer sought to be'removed. " sufficient,the council shall by resolution repeal or sustain Within twenty days from the date of the filing of such the ordinance. , petition,the clerk shall determine the sufficiency thereof- i ' (b) For purposes.of certification,any petition shall be (b)If the council fails to adopt an initiative proosal or and attach thereto a Certificate showing the result of his l ' - adopts a proposal with an amendment unfavorable to a examination.If the clerk shall certify -found insufficient which: � that the petition is majority of the petitioners'committee, or if the council • L (1)Is-signed by less than the required number of fails to repeal an ordinance reconsidered pursuant'to a . insufficient, he shall set forth in the certificate the r- qualified voters of the county. titulars in which the petition is defective,and shall return o (2) Proposes,or requests repeal of, an ordinance referendum petition, it shall submit the originally a copy,of.the certificate to the person designated in such , not subject to powers of initiative or referendum. proposed initiative ordinance or refer the reconsidered petition to receive it. • ordinance concerned to the voters of the county at the next , , general election. The ballot for such measures shall - (c) Signatures are invalid and petitions insufficient: contain an objective summary of the substance of the - (-1)If signers are not given an opportunity to read measure and shall have below the ballot title designated the full text of the proposed ordinance under an spaces in which to mark a ballot FOR or AGAINST the, Section 11-1.5:Supplemental Petitions.In the event the initiative petition, or the designation and measure. initial petition contained insufficient signatures,.such . description of the ordinance in question under a recall petition may be supported by supplemental referendum petition, and if the roll ex -of` a_.- ..v.... signatures of voters signed in the manner required in proposed ordinance or ordinance under question is Section 11-13-of-this-artiele-appended to_petitions_ssuetl - not•contained in or attached to each signature Section 10.8..Withdrawal of Petitions. A petitioners'- signed,and filed as required for the original petitioncof a r or set of signatureof an initiative or. any time within ten days after the date of the certificate of Ppapers committee may withdraw its petition at any time,but not 'insufficiency by the clerk.The clerk shall within five days • referendum petition, respectively, throughout - later than the thirtieth day immediately preceding the after such supplemental petitions are filed make a like • �' circulation. day scheduled for a vote in the county on the measure (2) If"affidavits (executed by the circulators for concerned.Apetitioners'committee shall be requested to examination of them,and if his certificate Shall show the same to be still insufficient, he shall return it in the each set of signature papers) are not attached to withdraw its petition and the committee must comply, if manner described in Section 11-1.4 of this article to the the papers at the time of filing of petition with the the aims of the-petition are resolved by intermediate person designated in such petition to receive the same, clerk of the council.Each affidavit shall attest to council action to the satisfaction of the committee such and no new petition for the recall of the officer sought to be 4 _ the effect that: a particular individual personally that the initiative proposal is adopted as an ordinance,or removed shall be filed within one year thereafter. - - circulated an identifiable set of papers; each paper that the_ ordinance reconsidered b the referendum bears a stated number of signatures; each petition is re ealed. A written request for - - ,_ signature on a paper was affixed in the circulator's p petition with- g p p drawal must be signed by four of the five members of the ' - • presence; each signature is.the genuine signature petitioners',committee and filed with the council clerk. " Section 11-1.6, Recall Election. If e a recall petition.or of the person whose name it purports to be: The filing of a withdrawal immediately cancels the. supplemental petition shall be certified (d) Individual signatures may be withdrawn withinpetition and ceases all further action for the ac-. by the clerk to be fifteen days after the filing of an initiative or referen uunn�� commodation of the petition by the county. sufficient, he shall at once submit the same with his cer- • petition with the clerk of the council by the_filing of a be recalled to the council and shall notify the officer sought to. written request therefor,by the individual,with the clerk, be of such action.If the ten (10l-wbose removal is , sought does not resign within (10) days,after such of the council, • notice,the council shall thereupon order and fix a day for • - Section 10-9. Results of Election. If a'majority of the holding a recall election.Any such election shall be held- voters voting upon a proposed initiative ordinance shall not less than sixty (60) nor more than ninety (90) days Section 10.6. Initiative and Referendum: Procedure , vote in favor of it,the ordinance involved shall thereupon niter the petition has been presented to the council,or at' after Filing. be ordinance of the county.A referred ordinance which • the same time as any other special election held within is not approved by a majority of the voters voting on it such period,the council shall call a special recall election •. ' (a)Within twenty days after the filing of an initiative or shall thereupon be repealed. to be held within the time aforesaid. Ifless than fifty referendum petition, the'clerk of the council shall corn- - - - percent of the total numbe_r.of persons who registered in plete a certificate as to the sufficiency of the petition. - . the last general election shall vote,at such election,to - As soon as a certificate is completed, the clerk shall • - -- - -recall an official elected at-large,or by voters of the entire ' notify the petitioners' committee of the contents of the county,as the case may be,or in the case-of a recall of a • . certificate. If a petition is certified sufficient the clerk • - - ' district councilman,if less than-fifty percent of the total shall.present his certificate to the county council at its _ - number of persons who registered in his district in the last next meeting.If the clerk certifies a petition insufficient ARTICLE XI - . general election shall vote at such recall.election,,the his certificate shall show the particulars wherein the - REMOVAL OF ELECTED OFFICERS . -officer sought to be recalled shall not be deemed recalled.- - petition is defective. A majority of the petitioners'.corn- CHAPTER 1 mittee may elect to amend a petition certified insufficient - RECALL - and must so notify the clerk, but if a majority does not • . elect to'amend a petition, the-clerk shall present his Section 11-1.1. Recall Procedure. In.addition to ha- . certificate to the county council at its next meeting: A- peacnment procedures, any elective- officer may be Section 11-1.7.Ballots.The ballots at such recall election ' petition is approved for consideration through council removed from office by the voters of the county. -The shall, with respect to each person whose-removal--is • - action upon the clerk's certificate of sufficiency. procedure to effect such removal shall be in accordance -sought,submit the question: "Shall (name of person)be ' • (b)If a majority the petitioners'committee elects to with this article. removed from the office of(name of office)by recall?"If ' • amend its petition,then within ten days after receipt of A petition demanding that the question of removing a majority of the electors qualified to vote on the question ' the clerk's certificate, the"committee shall file a sup- such official be submitted to the voters shall be addressed at a recall election vote"Yes",the elected officer shall be plementary petition upon additional papers. The,sup- to the council and filed with the county clerk. deemed recalled and removed from office,subject to the • _ plementary petition shall be governed by the same (a)A petition demanding recall of an official elected at- provisions of Section.11-1.6 of this article. - requirements as for an original petition.Within five days large,or by voters of the entire county,as the case may after the filing of a supplemental petition,the clerk shall be,shall be signed by not less than twenty-five persent of . complete a second certificate as to the sufficiency of the the total number,of persons who registered in the last _ - - original petition as amended by—the supplementary general election. - petition.Thereafter,the procedural requirements for the (b)A petition demanding recall of a district councilman Section 11-1:8.Succeeding Officer.The incumbent,if not. petition as amendedshall be the same as:that for the shall be signed by not less than twenty-five percent of the- recalled in such election,shall continue in office for the - original petition as provided in subsection (a), this sec- total number of persons who registered in his district in, remainder of his unexpired term subject to the recall as, - '_ tion. - - - the last general election. before,except as provided in this charter.If recalled in _ - -- • • • , ' Hawaii Tribune-Herald, Sunday,September 16, 1979-B-17 ' - the recall election, he shall be deemed removed from (10) Upon the conviction of any felony in any jurisdic- Section 12-6. Bonding Officers. The director of finance office upon the anoouncement of the official canvass of tion. If any of the above events occurs after election, and such other county officers or employees as the council ' • that election,and the office shall be filled as provided by but prior to the commencement of the term,the office is may require shall furnish bonds in the amount and with this charter for the filing of vancancies of elected officials. vacant at the time the term commences. the surety prescribed by the council by ordinance. The The successor of any persons so removed shall hold office premiums on such bonds shall be paid by the county. during the unexpired'term of his predecessor. Section.122. Titles, Subtitles, Personal Pronouns; Constructions. Titles and subtitles shall not be used for Section 12.7. Rules and Regulations. Except as other- Section to of the purposes of construing this charter. When any personal wise provided in this charter, all rules and regulations removal ofany11-1.9.Immunityfficer shall not be Recall. Theted questionto the voters pronoun appears in this charter, it shall be construed to having the force and effect of law adopted by any board, • until suchtperson has servedhall sib (6)u months of the otteers mean either sex. commission or administrative head of a department shall be approved by the council and the mayor before going during which he is sought to be recalled,nor,in case of an - into effect. The provisions of this section shall be ap- officer retained in a recall election, until one year,after plicable to service rates or fees, license fees and other that election. • Section12-3, Appointments. No appointing authority charges. • - - shall appoint any person to any office or position which is - • • exempt from the civil service laws until satisfied by - - CHAPTER 2 proper investigation that the person to be appointed is fully qualified by experience and ability,to perform the Section 12-8. Term of Office of Department Heads. The ' IMPEACHMENT duties of his office or. position. terms of office of department heads, deputies and assistants shall be co-terminous with that of the ap- Section 11-2.1. Impeachment of Elected Officers. Any pointing authority; provided,that where a successor has elected officer or officer appointed to a vacancy in any - not been appointed and qualified; a department head, - elected office may be impeached for malfeasance,. Section 12-4. Board and Commissions. Except as deputy or assistant,as the case may be,shall continue in misfeasance, nonfeasance, or maladministration Inof- otherwiseprovided in this charter,all boards and com- office pending such appointment and ' flee.The circuit court shall be a court of impeachment for PPo qualification. the trial of any such officer who maybe charged on any of missions specifically established by this charter shall be • the foregoing grounds.The charges shall be set forth in governed by the following provisions: ; (a) The members shall serve staggered terms of five detail in writing in a verified petition for impeachment Section 12-9. Non-Civil Service Status and years.Upon the initial appointment of the members of a signed by not less than one hundred (100) qualified Classification. From and after the full effective date of commission.consisting of five members, one shall be electors of the county. appointed for a term of one year,one for a term of two this charter,no employee or officer of the county who is The court shall sit without a jury and shall proceed years,one for a term of three years,one for a term of four exempt from the civil service laws shall have his position according to the form required for the trial of all civil included in a position classification plan established under cases. years, and one for a term of five years.Upon the initial the civil service laws. If the court sustains the charge, the officer shall be appointment of the members of a commission consisting • deemed removed from office and the office declared of seven members, one shall be appointed for a term of - vacant under this charter. 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 Section 12.10. Prohibitions. No person who seeks ap term of five years. Upon the initial appointment of a pointment or promotion with respect to any-county - commission consisting of nine members, one shall be position or appointive county administrative office shall appointed to a term of one year, two for a term of two directly or indirectly give, render or pay any money, • years,two for a term of three years,two for a term of four service or other valuable thing to any person for or in years,and two for a term of five years. connection-with his test, appointment, proposed ap- ARTICLEXII (b)The members shall be appointed by the mayor,and pointment,promotion or proposed promotion. GENERAL PROVISIONS confirmed by the council, and may be removed upon From and after the effective date of this charter no recommendation by the mayor and the approval of the person who has the power of appointment under this. 12-1. Definitions. As used in this charter: council. - charter or ordinance enacted pursuant thereto shall Section"Agency" any used, department,-board, (c) No member shall be eligible for a.second ap- appoint,employ,promote or advance any individual who ,., commission or other meansgooffice, l unit f the county. pointment to the same board or commission prior to the is a relative of the appointing authority to any office or Commission "Executive Agency" meansn any agency coun or expiration of two years, provided that members of any position under his supervision; provided, that the (bdap) ent of the executive branch of the county board or commission initially appointed for a term of one provision of this paragraph shall not be'construed to government. year and two years shall be eligible to succeed themselves prohibit the appointment of a relative whose name ap- (c) "Employee" any an officer, for an additional term. - pears on the eligibility list submitted by the Director of employed by the county means or any person,agency except anof but the (d)No member whose term has expired shall continue Civil Service in accordance with the civil.service laws and ] term shall not include an contractor.eto serve on such board or commission. the rules and regulations promulgated pursuant thereto. (d)m "Officer"incluthe independentfollog: (e)Any vacancy occurring in any board or commission The word"relative"as.used in this section shall mean (1) Mayor and members of the council. shall be filled for the unexpired term. an individual-who is related to the appointing authority as (f)Not more than a bare majority of the members shall father,mother,son,daughter,brother,sister,uncle,aunt, (2) Any person elected or appointed-as administrative belong to the same political.party. first cousin,nephew,niece,husband,wife,father-in-law, • head of any agency of the county or appointed as a . • (g)Members shall receive no compensation but shall be mother-in-law, step-father, step-mother, step-son, step- member of any board of commission provided for in this reimbursed for nece expenses incurred in the brother,step-daughter,ste aster half-brother, or half- charter. 'ytan'- step-sister, formance of their duties.Necessary expenses maybe paid sister. (3)Any person appointed by a board or commission as , • the administrative head of any agency of the county. in advance as per diem allowance which shall be (4)Deputy,assistant or division chief appointed by the established by ordinance.Members of boards and com- missions who do not receive compensation from their. Section 12-11. Penalties.The council shall by ordinance - • employers during the time they are serving on boards and (5)Assistant or deputies of the corporation counsel and commissions shall be reimbursed by the County for actual provide for the panishment of violations of any provisions •prosecuting attorney. of this charter and may provide for punishment work hours lost at the straight time rate of pay of such- -of (e) "State"means the State of Hawaii. members in their regular employment but in no case shall violations of ordinances and regulations, but nopenalty - - (f) "Vacancy" shall have the following meaning: - shall exceed the amount of one thousand dollars fine or y elective office shall become vacant on the hap- such reimbursement exceed five times the state An one year's imprisonment, or both. Prosecution in such pening of any one of the following events before expiration minimum wage hour rate. case shall be as provided by law for the prosecution of I of the term: (h)A chairman shall be elected from its membership misdemeanors. , (1) Death . - - annually: - - • (2)Resignation. (i) The affirmative vote of a majority of the entire (3)Upon the determination by the County Clerk that the membership shall-be necessary to make any action of a ' Section 12-12. Acceptance of,Gifts or Donations. The , ) officer was not a duly qualified elector of the county,and; board of commission valid; provided, that in the case of • council, oil .behalf of the county,may accept gifts of if required,not a duly qualified elector of the district of advisory board or commission the affirmative vote of a donations of money,securities or other personal property ' which he was elected immediately preceding his election majority of those present shall be sufficient to make any or of real estate or any interest in real estate. or appointment. (4) Ceasing to be a resident voter of the county as - action valid. • determined by the County Clerk, and in the case of an (j) Each board and commission shall have-power to establish its rules of procedure necessary for the conduct officer elected to a seat requiring residency in a district, of its'business, which rules shall contain the times and Section 12.13. Contracts. The county may enter into ' ceasing to be a resident voter of that district as deter- place of all regular meetings. contracts with private parties,.other counties,the State or mined by the County Clerk. (k)Notwithstanding any other provision in this charter, the United States for the performance of any function or • (5) Absence from the county, unless on 'county no person shall, by reason of his occupation alone, be activity.which the county is authorized to perform. All authorized business, for a period of three consecutive barred from serving as a member of any board-or_cont- . written contracts to which the county is a party shall: months, without good cause. (a)Be approved by the corporation (6)Removal by recall as provided by this charter. mission. and legality. counsel as to form (7) Removal by impeachment - proceedings for (b) Be .authorized by the council by resolution if' ' malfeasance, misfeasance, nonfeasance, or 'malad- - legislative action is necessary toimplement the contract. ministration in office as provided by this charter. Section 125.Oaths of Office.Before entering upon the- (c)_Except as otherwise provided, be signed by the (8)Upon the determination by three impartial,licensed duties of his office each officer elected or appointedshall mayor. - physicians selected by the council that the officer is subscribe to the oath or affirmation before some person (d) Be approved by the director of finance as-to the- mentally or physically infirm. or disabled and will be .• duly qualified to administer oaths: availability of funds in the amounts and for the purposes unable to discharge'his duties for the remainder of th "I do solemnly swear(or affirm)that I will support and set forth therein if they involve financial obligations of the term.Such action shall be initiated by a majority vote of defend the Constitution of the United.States of America, county.Such contracts shall not extend beyond the term the entire council. and the Constitution of the State of Hawaii,and that I will for which an appropriation to finance such obligations has- (9)Upon filing nomination papers for another elective faithfully discharge my duties as to the best of my been made,except as otherwise provided by this charter: office during his own term of office. , ability." •This provision shall not apply to. obligations •for the • - - _— - kl'., - g'•T 1 es -tzii•rtx�t ii. te?. ill c ,it"{I:A i S • - ' B-l8—Hawaii�Tnbune-i eraia,JUnaay,beptem er Ia.,�1'$�� • procurement of utility services. . with local audience. Such announcements shall be_ Section 12-26. Public Defender. The office of. public. broadcast at least twenty-four hours in advance of such defender shall be established by ordinance of the council • Section 12-14. Facsimile Signatures.. Whenever any meeting. To assure the widest possible coverage, the when there is no other private or public agency which is person is required to sign on behalf of the county meeting notice shall be released to radio stations in this adequately performing this function. • negotiable instruments or multiple bonds, the signature county and the announcements shall be programmed to be -. _ may be a facsimile.• heard between the hours of 7:00 A.M. to 5:00 P.M. In Section 12-27. County Election. No person shall be a addition to the above requirements,notice of such special -candidate for more than one elective office in the same meeting.shall be conspicuously posted on the bulletin election,norshall a candidate defeated in the primary Section 12-15. Title to Property. Except as otherwise board of the Hawaii County Building. A brief resume of election seek an elective office in the general election provided by law, title to all property acquired by any be statedin the me- principal osted to noticetake as well as in thn up at such e no shall who has expired, withdrawn or ess placed on said ballot as a ubeen thdisqualified te for a f candidateo agency of the county shall be vested in the county. • released to the news media. person is elected to a county office, the county council - . shall appoint a person to fill such office.County elections - shall be conducted in'accordance with the election laws of Section 12-16. Payment of Moneys Out of the County the State insofar as applicable. - . Treasury. All disbursements of county-controlled funds (d) Business conducted by the council,board or com= , shall be made pursuant to procedures prescribed by the director of finance. mission during a meeting which does not conform to the provisions of this section shall be null and void. - - - (e)News Gatherer's Sources,Privileged.No legislative Section 12-17. 1✓zpenses. Subject to procedures or administrative body,or any other County body having - the director of finance and approved by thethe power to issue subpoenas shall adjudge in contempt ARTICLE XIII by - any publisher,editor or reporter,who is or was connected CODE OF ETHICS mayor,all byofficers and employees of the county shall entitled to travel,or other necessary expenses.in the with or employed by a newspaper,press association,wire • performance of their official duties as provided by or- service, or a radio or television station, for refusing to Section 1,13-1 Enactment. The_council"shall adopt by disclose, in any County action, hearing, investigation, . ordinance a code of ethics which shall provide as a dinance• • - inquest, or inquiry, the source of any information minimum standard the provisions of this article. More- procured connected or employed by the newspaper, stringent provisions may be enacted. press association,wire service,or station for publication Section 12-18. Claims.No action shall be maintained for in a newspaper or for news or news commentary purposes . . the recovery of damages for any injury to persons or on radio or television.(As amended by Ordinance No.58, Section 13-2..Standards.It shall constitute a conflict of property by reason of negligence or other act of any of- effective Nov. 26, 1974). interest for.any employee or officer of the county to: ficial or employee of the county unless a written _ (a) Solicit or accept any gift, loan, gratuity, favor, statement stating fully when,where and how the injuries promise or service with the understanding that the same occurred, the apparent extent thereof and the tentative - - may influence him in the proper discharge Of his official amount claimed therefor shall have been filed with the - duties. county clerk within two years after the date the injury was Section 12-21. Cooperation with Other Agencies.In the (b)Use his official position to secure special privileges, . sustained. • .. performance of its functions,each agency of the county consideration,treatment or exemption to himself or any shall cooperate with private agencies and with agencies of person beyond that which is available to every other the governments of the United States,the State and other person. Section 12.19. Annual Reports. Not later than ninety states and with any of their political subdivisions having • (c) Engage in any business,transaction or activity or days after the close of the fiscal year,each agency of the similar functions. , - have a financial interest,direct or indirect,which might county shall makean annual written report--of its ac- reasonably tend to be incompatible with the proper tivities to the mayor in such form and under such rules as- discharge of his official duties or-to-impair--.his in- the mayor may prescribe.' - - dependence of judgment in the performance of his official Not later than one hundred twenty days after the close duties. - of the fiscal year, the-mayor shall publish an annual Section 12-22. Coordination of Work. The mayor shall (d) Receive any compensation for his services as an report;concerning the activities of all agencies of the devise a practical and working basis for the cooperation officer or employee of the county from any other source county.A copy of such report shall be filed in the office of and coordination of work,by the various agencies to other than the county, except as otherwise provided by _ the county clerk. . - eliminate duplication and overlapping of functions, and this charter or by law. - - . . - • ' such agencies shall,so far as practicable,cooperate with (e) Appear in behalf of private interests for com- - each other in the use of employees, land, building,- pensation before any agency of the county other than a quarters, facilities and equipment. The head of any court of law,nor represent private interests in any action- Section 12-20.Records and Meetings Open to the Public: agency may empower or require an employee of another proceeding against the interest of the county in any • (a)All books,minutes and records of every agency of agency,subject to the consent of the head of such other litigation to which the county is a party.An officer serving the county shall be open to the inspection of any person at agency,to perform any duty which he might require of the the county without compensation,however, may appear - any time during business hours, except as otherwise employees of his agency.Whenever in this charter power for compensation in behalf of private interests before provided by law. Certified copies or extracts from suchys vested in an agency to inspect,examine or secure data' county agencies other than the one on which he serves and books and records shall be given by the officer who has or Information or to procure assistance from any other other than those agencies that have the power to review -custody of same to any person requesting such copies andagency,,a duty is hereby,imposed upon the agencyupon the actions of the agency on which he serves,or to alt on extracts and paying or tendering a reasonable fee to be which demand is made to render such power effective. - the same subject matter as the agency on which he ser- • fixed by the council. • . • - ves. - (b)All meetings of the council,boards and commissions • . - (f) Accept a retainer, compensation or election cam- . shall be held in the council meeting room or other public paign contribution that is contingent upon action by a places and no such bodies shall take any official action county agency. except at a meeting open to the public.Where personal Section 12-23.Declaration of Emergencies. The mayor - • • matters affecting the privacy of an individual are to be may-declare emergencies when the peace,life,property, • considered,the council,board or commission may,at the • health, safety or morals of the community are en- _ request of the individual involved,consider such matters dangered, but his failure or refusal to make such a Section 13-3. Disclosure of Interest.,It shall be in- in closed session; however, any official action resulting declaration, shall not preclude the council from finding cumbent upon all employees or officers of the county to: ' therefrom shall be acted upon in an open meeting.Boardsthat an emergency exists. (a) Make full disclosure in writing to his appointing and commissions that are empowered to give - - authority or to the council in the case of an elective of- examinations to determine the capabilities of individuals - - ficer, the possession or acquisition of any interests, shall be excepted from the provisions of this section when financial or otherwise as might reasonably tend to create . technical examinations and questionnaires are. being • a conflict with the public interest. Any member of the • drafted by such bodies. council who knows that he has a-personal interest,direct The term"official action"as used in this section means Section 12-24: Waiver of Charter Provisions. If any or indirect;in any action proposed or pending before the ' a collective decision made by a majority of the members provision of this charter jeopardizes the receipt by the council shall disclose such interest prior to the taking of - county of any federal grant-in-aid or other federal of the council,board or commission,or an actual vote by a allotment of money, •such provision,may,inso• •as such any vote thereon. majority of the members of the council, board or com- fund is jeopardized, be waived by the council upon (b)File a copy of such disclosure with the county clerk mission,when sitting as a body or-an entity, upon any recommendation of the mayor. Waiver shall be ac- which shall become a matter of public record. matter before the council, board or commission. - complished byordinance adopted as prescribed in Section (c)The time and place of all regular meetings of the 3-12 except that duly advertised public hearing shall be council,board or commission shall be provided in the held between first and second readings.Such waiver shall rules adopted for the conduct of its business. Except as Section 13.4.. Conduct of Employees. Officers and _ continue in effect only for the period of time required by otherwise provided in this charter,a special meeting may employees of the county while discharging their duties be called by the presiding officer of the council,board.or the specafic grant-in-aid or allotment. and dealing wth the public shall adhere to the following commission when the date,time and place of such special - precepts: . - - meeting are announced prior to adjournment of a regular - , .- •- (a)All public property and equipment are to be treated meeting;otherwise a special meeting can be called only - - as a_public trust and are not to be used in a proprietary • upon the publication of a notice of-such•meeting in'a Section 12-25. Separability. If any provision of this manner or for the personal purposes without proper newspaper of general circulation in this county at least charter is held unconstitutional,or invalid, the other , consent. twenty-four hours in advance of such meeting. If the provisions of this charter shall not be affected thereby.If (b)No person in a supervisory Capacity shall engage in. requirement with respect to publication'ofnotice cannot the application of the charter or of any of its provisions to personal or business relationships with subordinates be met because of insufficient time,the meeting notice any person or circumstance is held unconstitutional or which might intimidate said subordinates in the discharge- shall be made by broadcasting a minimum of three an- invalid the application of the charter and its provisions to of their official duties. - nouncements in the English language over FCC licensed other persons or_circumstances shall not be affected (c)All persons shall be treated in a courteous,fair and public radio-stations in this county or television stations thereby. - . • impartial manner. - - ,Hawai1'Tribune=Herald,'Sunday,,Septerriber `,1'6,,197,9_—B.i1 ? H Section 135.Board of Ethics.There shall be a board of the county for approval at the next general election:Any. (c)The Water Commission shall stand abolished and its ethics appointed by the mayor with the approval of the such resolution shall provide for the publication of the full functions transferred to the Board of Water Supply to the ,N, council. It shall consist of five members who shall be text of the proposed amendments or revisions in a daily "extent provided in Section 54.4. residents of the county.Each shall serve for a term of five newspaper of general circulation in the county at least (d)Each county civil service employee affected by the years.Upon the initial appointment of members pursuant forth-five days prior to submission to the electors of the status of agencies and transfer of functions under this to this charter, one shall be appointed for a term of one county. charter shall be assigned to other agencies or executive - year,one for a term of two years,one for a term of three agencies in the county without any loss in pay,provided he - years,one for a term of four years and one for a term of had held his position for at least one year prior to the full i five years. The committee shall establish its rules of Section 14.3. Mandatory Charter Reviews.The charter effective date of this charter.. When an employee's procedure. Without limitation of its functions, the corn- shall be reviewed in 1989 and every tenth year thereafter. position which has been so affected becomes vacant,that mittee shall: Not later than the fifteenth day of January of the charter position shall stand abolished unless the position is per- " (a)Interpret the code of ethics for both county officials review year, the mayor with the confirmation of the manantiy created in the table of organization 'of the and the public and. on its own may initiate and render council,shall'appoint a charter commission composed of agency or executive agency concerned. opinions with respect thereto. eleven members to study and review the operation of the (b) Render advisory opinions to county officers and government of the county under this charter.Commission (e)Nothingin this charter shall be deemed to affect the employees with respect to the code of ethics pursuant to members,rio more than a majority of whom shall belong civil service status of any incumbent department head or written requests by officers and employees. to the same political party,shall be representative of the deputy in government service prior to the adoption of this (c)Receive and initiate complaints of violations of the various geographical areas of Puna,Ka'u,.Kona,Kohala, charter,and each shall continue to exercise and discharge code of ethics and transmit such complaints to the council Hamakua,and Hilo.The council shall appropriate funds the powers and duties of his respective office until such to enable the commission to carry out its duties,including time as his office becomes vacant and his successor shall or the appropriate appointing authority,along with any pertinent advisory opinions thereto. the hiring of necessary staff. have qualified in accordance with this charter or laws and (d)Hold hearings or conduct investigations concerning ordinances enacted pursuant thereto. application of the code of ethics and make public such The commission shall hold at least one public hearing in (f)Every non-civil service officer,deputy,assistant or. - • ' violations of the code that come to its attention. bureau head affected by the status of agencies and ' 2' (e) Publish advisory opinions with such deletions as each of the geographical areas. The commission may transfer of functions under this charter may be absorbed • - may be necessarytoprevent disclosure of identitypropose amendments to the existing charter or a draft of a permanentposition in the same of into a civil service persons involved where such opinions are rendered new charter which shall be submitted to the county clerk. division or other agencies or executive agencies as a p -Upon receipt of the amendments or charter, the county pursuant to subsection (b) above. clerk shall provide for the submission of such amend- consequence of the reorganization provisions of this _ (f) Propose revisions to the code of ethics where not merits or charter to the electors of the county at either a charter without loss of vacation or sick leave allowance, _ inconsistent with this charter. special election as determined by the commission or at Vice credit or other rights'and privileges and without Section 136.Penalties.The failure to comply with the the necessity of examination;provided,that such officer, provisions of section 13-2 to 13.4, inclusive, shall con- the first general election following the charter review deputy, assistant or bureau head possess the minimum stitute a cause for suspension, removal from office. or year. qualifications for the position to which he is transferred or employment, or such other penalty as the council may - appointed. The method and procedure for such ap- prescribe by ordinance.Nothing herein shall preclude any The commission shall publish not less than forty-five pointment or transfer shall be established by resolution or • other remedy available against the officer or employee of days before any election, at least once in a daily ordinance. The provision of this subsection relating to the county as provided by law. newspaper of general circulation within the county, a civil service'status shall not apply to any officer,deputy, brief digest of the amendments or charter and the purpose assistant or bureau head who is appointed as a deputy or . thereof and a notice to the electorate that copies of the assistant to the administrative head of any agency under amendments or charter are avilable at the office of the ' this charter. , county clerk. (g)Every non-civil service employee or officer who is - • ARTICLE XIV not transferred or appointed and whose employment is ,, CHARTER AMENDMENT OR REVISION Members of the commission shall holdoffice until the terminated as a consequence of the reorganization _ amendments or charter is ratified or rejected. provisions of the charter shall have the right to have his Section 14-1. Initiation of Amendments or Revisions. If the•majority of the voters voting upon a charter name placed on appropriate reemployment lists and shall Amendments or revision of this charter may be initiated amendment votes in favor of it or a new charter,if a nem be deemed eligible for certification to positions in the only in the following manner: charter is proposed,the amendment or new charter shall class in which he last occupied or in a related class in the - - I- (a) By ordinance of the council adopted after three . become effective at the time fixed in the amendment or same or lower grade for which he meets the qualification readings on separate days and passed by the affirmative charter, requirements; provided, that he files a written ap- vote of two-thirds of the entire membership, plication for re-employment with the Department of Civil - ] (b) By petition presented to the council, signed by. Service within thirty days after the termination of his qualified electors equal in number to at least twenty employment.Such certification shall"expire three years , percent of the registered voters for the last preceding after the effective date of this charter. • general election,setting forth the proposed amendments ARTICLE XV - , or revisions. Such petition shall designate and authorize • TRANSITIONAL PROVISIONS Section 15-5. Transfer of Records and Property. All not less than three nor more than five of the signers records, property and equipment whatsoever of any of- thereto to approve any alteration or change in the form or Section 15-1. Schedule. After its ratification by the fice,department,board or commission, the functions of language or any restatement'of the text of the proposed electorate,this charter,as amended, shall take full effect which are assigned to another agency by this charter, amendments or revisions which may be made by the= .on January 1, 1980. shall be transferred and delivered to the agency to which corporation counsel. such functions are so assigned. - Section 15-2. Initial Elections Under the Charter. The - Each elector signingfirst county primary and.general elections under this Section 15-6. Status of Present Employees. No loss of such petition shall print his name, charter shall be held in the year 1980. vacation allowances,service credits or other rights and add his signature, his residence address, his social privileges on the part of any officer or employee in the security number and the date of signing on said petition. Section 15.3. Existing Laws and Conflicting Laws. All 'civil service shall be caused by the adoption of,this - signature. may be on separate sheets but each sheet shall laws, ordinances, resolutions, rules and regulations in charter,but nothing contained herein shall be construed have appended to it the affidavit of some person that to the force at the time this charter takes full effect,and not in -to prevent future changes in status pursuant to civil best of the affiant's knowledge and belief the persons conflict or inconsistent with this charter, are hereby service laws. whose signatures appear on the sheet are registered continued- in force until repealed; amended or super- electors of the county,that they signed with knowledge of seded by proper authority.All laws relating to or affecting Section 15-7. Department Heads Continued in Office. _ the contents of the petition and that their residences areNotwithstanding any provision to the contrary, each this county or its agencies,officers or employees,and all T !! correctly given. county ordinances, resolutions, orders and regulations department head (including elected department heads - • which are in force when this charter takes full effect are and department heads appointed by boards or corn- Upon orn Upon filing of such petition with the council,the county repealed to the extent that they are inconsistent with or missions)holding office when this charter takes full effect interfere with the effective operation of this charter or shall continue in office until his successor takes office or. clerk shall examine the same to see whether it contains a until he is removed sufficient number of apparently genuine signatures of ordinances or resolutions adopted by the county council pursuant to the provisions of this .. / registered voters. - The clerk may question the ander the provisions of this charter, charter. genuineness of any signature or signatures appearing on ' the petition and if he finds that any such signature or signatures are not genuine, he shall disregard them.in ••- Section 15.4. Status of Agencies and Transfer of Func- Section 15-8.•. Pending Proceedings. All petitions, determining whether the petition contains a sufficient tions. When this charter takes full effect: hearings and other proceedings pending before any office, number of signatures.The clerk shall eliminate any,sheet (a)All offices,departments,boards and commissions, department,board or commission and not completed at - of the petition which is not accompanied by the required the status of which are not specifically changed or the effective date of this charter shall continue and affidavit. The invalidity of any sheet shall not affect the abolished by this charter, are hereby recognized, con- remain in full force and effect and shall be completed •- validity of the petition if a sufficient number of signatures - tinued and established and shall have such powers,duties before or by the office,department,board or commission . remains after eliminating such invalid sheet. The clerk and functions as provided by law or ordinance.Members which succeeds to the powers and functions of such office, shall complete his examination of the petition within of the various boards and commissions, excluding the department, board or commission. twenty days. ; ' Hawaii RedevelopmentSection 15-9. Lawful Obligations of the County. All Agency, holding office at the lawful obligations of the county existing on the effective effective date of this charter shall continue in office unless date of this charter and all fines taxes they resign or until their terms of office shall expire, at . , penalties, for- which time new members shall be appointed in ac- Section feitures,obligations and rights due,owing or accruing to 14-2.Elections to be Called.Upon adoption of an cordance with this charter. the county.and all writs,, prosecutions, actions and ordinance proposing amendments or revisions of this . proceedings.. by or against the county shall remain charter, or upon the determination by the clerk that a unaffected by the adoption of this charter. petition for proposed amendments or revisions of this (b)The Public Works Board of Appeals and the Board of charter contains the required number of signatures,the Appeals under the Planning Department shall stand Section 15-10: Hawaii Redevelopment Agency: The council shall by resolution provide that the proposed abolished and their functions transferred to the extent status of tire Hawaii Redevelopment Agency shall not be amendments or revisions be submitted to the electors of - provided in Section 5-7.3. affected by . z.. :1d_ _-5 - . . ,5 % .“.t �C ,.t.. ..1 • .. 54 , .+Sar3S.. 3i .. j I ; B-20--Hawaii Tribune-Herald,Sunday,September 16, 1979 ; lfYàu're Concerned ' _ About. The clap Please• • • - ,iiiALL Register To Vote!. ee . . gum _ - ADOPTED MA MID r.bM AI Imp wM .. _ . r nr her rrlM .e.h '.+q r.'b hoe yew Nrms • • • COUNITy . 4o7t. - . . . SEVEN MEMIEI COUNTY COUNflLHARTER e •_• • • • • • ' MAYOR'S DEPARTMENT HEADS Tnr.lr,. FIVE OISTMCTCOUNCN MEMBERS I " • 7iiTMT--• _ 7roleerTeetar-_, . Con/irmd brComityELECTION _ Corn Coned I . 1 . COUNTY , COUNCIL 1111111641111 . ovem er , - - ANY PERSON CAN SERVE ON BOARDS OR COMMISSIONS Charter Election Important Dates - CaeacU�aNd DaPkinm 1 . 9County Charter Election Nov. 3, 1979 — 2. Close of Voter Registration Oct. 4, 1979 OFFICE• , . Aillo..1.,,, AMEND 3. Close of Absentee mail requests Oct. 27, 1.979 G • ENERAL 4. Absentee Polling place to open. .,Oct. 24, to Nov. 2, 1979 ' _ County Clerk's Office, 25 Aupuni Street, Hilo, Hawaii Monday through Friday: 8:00 a.m. to 4:30 p.m. Saturday 8:00 a.m. to 12:00 noon ' �� alum Kona—Finance Factors, Kealakekua COUNCIL :41 Waimea Pioneer Federal Savings & Loan Assn of Hi. RECALL, 0409 aP Monday through Friday: 9:00 a.m. to 3:00 p.m. 1111 K'Qa �b'N, , I - ELECTED OFFICIAL • • • • • • EPAOFME It • WATER SUPPL 44•�• PLANNING-DIRECTOR BOARD OF APPEALS STANDARDIIATION COMMITTEE •. To Mor appeal from TO CENTRALIZE PURCHASING ' UNDER MORE AUTHORITY PLANNING DEPT.OF r,, MAYOR DEPARTMENT I�i PUBLIC WORKS .- all. i