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HomeMy WebLinkAboutComm No 0019 - Transmit CA-5Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson Date: October 30, 2018 2018-2020 HAWAII COUNTY CHARTER COMMISSION To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Akane Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer RE: Transmitting CA -5; Proposed Amendment to Section 3-18; Submitted by Commissioner Saquing Please find attached CA -5, which proposes to change each instance of "legislative auditor" to "county auditor" as appearing in Section 3-18 of the Hawai`i County Charter (2016 Edition). CA -5 will be placed on the November 9, 2018, meeting agenda for its initial consideration and approval prior to first reading. Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 19 PROPOSAL NO. CA -5 (For Commission Use Only) 2018-2020 HAWAI`I COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: Marcie Saquing 2. If applicable, list the Section number(s) of the charter provision(s) to be deleted or amended: Section 3-18 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: Proposing the name change in this section in alignment with the actual scope of the work that this department provides — not limited to legislative branch. 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). N/A 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. Please see Communication # 4.5 — Legislative Auditor Nims proposes name change to Office. See reverse side Form CA -1 Revised 8/29/18 1 of 4 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Amend Section 3-18 to reflect: (a) There is established within the legislative branch and independent office of the [Legislative] county auditor. Deleting all other "legislative auditor" notations within this section and replacing it with "county auditor" Form CA -1 Revised 8/29/18 2 of 4 Full text for CA -5 1. Section 3-18 is amended to read: "Section 3-18. Office of the [Leap] County Auditor. (a) There is established within the legislative branch an independent office of the [legislative] county auditor to be headed by a [legislative] county auditor who shall be appointed by the county council and shall serve for a period of six years, and thereafter, until a successor is appointed. The council, by a two-thirds vote of its membership, may remove the [legislative] county auditor from office at any time for cause. (b) The [legislative] county auditor shall possess adequate professional proficiency for the office demonstrated by relevant certification, such as certification as a certified internal auditor or certified public accountant or an advanced degree in a relevant field, and at least three years of general auditing experience which shall include a minimum of one year's experience in the field of government auditing. A certified internal auditor or certified public accountant shall be preferred. All financial audits shall be conducted by a certified public accountant. (c) The [legislative] county auditor shall submit an annual budget to the county council. The [legislative] county auditor on behalf of the county council shall hire the necessary staff for which appropriations have been made by the county council. (d) The [legislative] county auditor shall conduct or cause to be conducted: (1) The annual financial audit of the county, as required in Article X, Financial Procedures, Section 10-13, Post -audit. (2) Performance and/or financial audits of the funds, programs, services, and operations of any county agency, executive agency, or program, as set forth by the [legislative] county auditor in an annual audit plan that shall be transmitted to the county council and the mayor and filed with the county clerk as a public record. (3) Follow-up audits and monitoring of responses to audit recommendations by audited entities. (e) For purposes of this section, "county agency" or "executive agency" includes any office, department, board, commission, agency, semi -autonomous agency, or other governmental unit of the county in the executive or legislative branch that is supported, in whole or in part, by county funds. (f) For purposes of carrying out any audit, the [legislative] county auditor shall have: (1) Full, free, and unrestricted access to any county officer or employee. (2) Full, free, and unrestricted access to and authority to examine and inspect any record of any county agency, executive agency, or program except for any record protected from disclosure by law, rule or privilege. (3) Full, free, and unrestricted access to and authority to examine and inspect any property, facility, or equipment of any county agency, executive agency, or program pertinent to the audit or to a contract. (4) Full, free, and unrestricted access to and authority to administer oaths and subpoena witnesses and compel the production of records pertinent Form CA -1 Revised 8/29/18 3 of 4 (g) thereto. If any person subpoenaed as a witness or compelled to produce records shall fail or refuse to respond thereto, the proper court, upon request of the county auditor, shall have the power to compel obedience to any process of the county auditor and to punish, as a contempt of the court, any refusal to comply therewith without good cause. The county auditor may retain special counsel, in the manner authorized by the council, to represent the county auditor in implementing these powers. The [legislative] county auditor shall conduct or cause to be conducted all audits in accordance with government auditing standards, and shall set forth final audit findings and recommendations in written reports, copies of which shall be transmitted to the county council and the mayor and filed with the county clerk as public records." Form CA -1 Revised 8/29/18 4 of 4