HomeMy WebLinkAboutComm No 0013.02 - Transmit CA-1 Draft 3Douglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: November 16, 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 -1, Draft 3; Proposed Amendment to Various Sections of Charter
to Rephrase District Residency Requirement Language
Please find attached CA -1, Draft 3, which proposes amendments to various sections of
the Charter to rephrase district residency requirement language.
CA -1, Draft 2, was amended by amending Section 3-2 by replacing the word "member"
located at the end of newly -proposed language with "resident elected from that district",
as duly approved by the Commission during its meeting on November 9, 2018.
CA -1, Draft 3, was passed on first reading and will be held from future action of the
Commission until completion of the required public hearings.
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. 13.2
CHARTER AMENDMENT NO. CA -1, DRAFT 3
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article III, Section 3-2, of the Hawai`i County Charter (2018 Edition),
is amended to read as follows:
"Section 3-2. Composition and Terms.
There shall be a county council composed of nine members. [One member shall
be elected from each of nine districts.] There shall be nine council districts, each of
which shall be represented by a resident elected from that district. The terms of the
council members shall be two years and shall begin at twelve o'clock meridian on the
first Monday of December after their election. The terms of the council members shall
not exceed four consecutive two year terms. Candidates shall be elected in accordance
with the election laws of the state, insofar as applicable."
Section 2. Article III, Section 3-17, of the Hawai`i County Charter (2018
Edition), is amended by amending subsection (c) to read as follows:
"(c) Each subsequent redistricting commission shall consist of nine members. [One
member shall be a resident of each council district] Each of the nine council
districts shall be represented by a resident appointed from that district, as
established by the previous redistricting commission. The members shall be
appointed by the mayor and confirmed by the council in the manner prescribed in
Section 13-4."
Section 3. Article V, Chapter 2, Section 5-2.2, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"Section 5-2.2. Cost of Government Commission.
For the purpose of carrying out the policy set forth herein the mayor with the
approval of the council shall appoint a cost of government commission consisting of nine
members. [One member shall be a resident of each council district.] Each of the nine
council districts shall be represented by a resident appointed from that district. The
managing director shall be an ex -officio member of the commission. The office of the
mayor shall provide administrative and clerical services to the commission.
Each commission shall:
(a) Prepare and submit to the mayor a request for an appropriation for the
operation of the commission.
(b) Study and investigate the organizations and methods of operations of all
departments, commissions, boards, offices and other instrumentalities of
all branches of the county government and determine what changes, if
any, may be desirable to accomplish the policy set forth herein.
(c) Be authorized to secure directly from any department, commission, board,
office or any other instrumentalities of all branches of the county
government or from any individual officer or employee of the county,
information, suggestions, estimates, and statistics necessary to carry out its
duties.
(d) Submit a report of its findings and recommendations to the mayor,
managing director and council not later than eleven months after its
appointment."
Section 4. Article VI, Chapter 9, Section 6-9.3, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"Section 6-9.3. Game Management Advisory Commission.
There shall be a game management advisory commission consisting of nine
members who shall be appointed by the mayor and confirmed by the council. [Orae
member shall be a resident of each council district.] Each of the nine council districts
shall be represented by a resident appointed from that district. The terms of the members
shall be as prescribed in Section 13-4. The commission shall select its chairperson from
its voting members, and five voting members shall constitute a quorum.
For the benefit of present and future generations, the game management advisory
commission shall advise County, State and Federal agencies on matters related to the
preservation of subsistence hunting and fishing, as well as protecting traditional and
cultural gathering rights. The commission may also advise County, State, and Federal
agencies on any matter affecting the taking and conservation of aquatic life and wildlife,
including proposed rules, and shall communicate its findings and recommendations to
these agencies. The commission shall promulgate recommendations that conserve and
protect the natural and cultural resources of Hawai`i in furtherance of the self-sufficiency
and long-term subsistence sustainability of aquatic life and wildlife in the County. The
commission shall provide reports or legislative recommendations to the council as
necessary, or at least quarterly."
Section 5. Article VI, Chapter 10, Section 6-10.5, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"Section 6-10.5. Environmental Management Commission.
There shall be an environmental management commission consisting of nine
members who shall be appointed by the mayor and confirmed by the council. [One
member shall be a resident of each council district.] Each of the nine council districts
shall be represented by a resident appointed from that district. The terms of the members
shall be as prescribed in Section 13-4. The environmental management commission shall
advise the department on waste reduction strategies, recycling, litter control, community
involvement, and other issues related to the functions of the department, and shall
2
exercise any other powers related to the functions of the department that may be
delegated to it by ordinance."
Section 6. Article VII, Chapter 2, Section 7-2.2, of the Hawai`i County Charter
(2018 Edition), is amended by amending subsection (a) to read as follows:
"(a) The police commission shall consist of nine members. [One member shall be a
resident of each council district.] Each of the nine council districts shall be
represented by a resident appointed from that district. The members shall be
appointed by the mayor and confirmed by the council in the manner prescribed in
Section 13-4."
Section 7. Article VII, Chapter 3, Section 7-3.2, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"Section 7-3.2. Liquor Commission.
There shall be a liquor commission consisting of nine members who shall be
appointed by the mayor and confirmed by the council in the manner prescribed in Section
13-4. [One member shall be a resident of each council district.] Each of the nine council
districts shall be represented by a resident appointed from that district. The liquor
commission shall:
(a) Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to carry out provisions
of the liquor control laws of the State.
(b) Grant, renew or refuse applications for licenses for the manufacture,
importation and sale of liquor in the county under applicable laws and
regulations.
(c) Have such other powers and duties as may be provided by law, not in
conflict with the provisions of this section."
Section 8. Article VII, Chapter 4, Section 7-4.5, of the Hawai`i County Charter
(2018 Edition), is amended to read as follows:
"Section 7-4.5. Fire Commission.
There shall be a fire commission, which shall consist of nine members. [gee
member shall be a resident of each council district.] Each of the nine council districts
shall be represented by a resident appointed from that district. The commission may
appoint such staff and engage such consultants as necessary for the performance of its
duties. The members shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 13-4."
3
Section 9. Article VIII, Section 8-2, of the Hawai`i County Charter (2018
Edition), is amended to read as follows:
"Section 8-2. Water Board.
The water board shall consist of nine members who shall be appointed by the
mayor with the approval of the council in the manner prescribed in Section 13-4. [43+ e
mcmbcr shall be a resident of each council district.] Each of the nine council districts
shall be represented by a resident appointed from that district. The manager -chief
engineer of the department of water supply, the planning director and the director of
public works or their designated representatives shall serve as ex -officio members of the
water board without power to vote. The water board shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law
relating to the management, control, operation, preservation and protection
of the waterworks of the county.
(c) Adopt an annual operating and capital budget for the department, subject
to the hearing and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or
otherwise, and to sell, lease, or otherwise convey real property in the name
of the water board.
(e) Have the authority to issue revenue bonds under the name of the water
board.
(f) Have such other powers and duties as may be provided by law."
Section 10. Article XIII, Section 13-28, of the Hawai`i County Charter (2018
Edition), is amended by amending subsection (b) to read as follows:
"(b) [One mcmbcr shall be a resident of each council district.] Each of the nine
council districts shall be represented by a resident appointed from that district. In
addition, the director of human resources and deputy director of human resources
shall serve as ex -officio members of the commission in an advisory capacity."
Section 11. Charter material to be repealed is bracketed and stricken through.
New charter material is underscored. When revising, compiling, or printing these charter
provisions for inclusion in the Charter of the County of Hawai`i (2020), the revisor need
not include the brackets, bracketed and stricken material, or underscoring.
Section 12. The revisor of the charter shall renumber charter article, chapter,
and section numbers and any cross references thereto pursuant to amendments approved
by the electorate.
Section 13. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the
4
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
Section 14. This amendment shall take effect upon approval by the electorate.
5