HomeMy WebLinkAboutComm No 0022 - Newly Enacted Charter Amendments - Dec 14 meetingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: November 28, 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
RE: Discussion — Newly Enacted Charter Amendments
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
On November 6, 2018, the electorate approved two amendments to the Hawai`i County
Charter: one to establish new notification, public hearing, reporting, and voting
requirements for the Salary Commission; and one to require that the Department of
Finance prepare Fiscal Impact Statements for any proposed amendment to the County
Charter.
Per this Communication, I am scheduling time on the December 14, 2018, meeting
agenda for the Commission to discuss these amendments, which are attached in
Ordinance format.
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. 22
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 98
18 30
(DRAFT 2)
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII, SECTION 13-
28 OF THE HAWAII COUNTY CHARTER (2016 EDITION), RELATING TO THE
SALARY COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article XIII, section 13-28 of the Hawai`i County Charter (2016 Edition),
is amended to read as follows:
"Section 13-28. Compensation; Salary Commission.
(a) The salary of all county elected officials and appointed directors and deputy directors of
departments and executive agencies shall be established by a salary commission which
shall consist of nine members appointed by the mayor with the approval of the council, in
the manner prescribed in Section 13-4(b). The members may be removed in the manner
prescribed in Section 13-4(b).
(b) One member shall be a resident of each council district. In addition, the director of human
resources and deputy director of human resources shall serve as ex -officio members of the
commission in an advisory capacity.
(c) The commission shall establish its rules of procedure, which shall provide that it meet at
least annually, and adopt rules and regulations having the force and effect of law.
(d) The commission shall review and compensate all county elected officials and appointed
directors and deputy directors so that their total salaries and benefits have a reasonable
relationship to compensation in the public and private sectors. The salary commission shall
consult with those boards and commissions which have appointing authority for
department heads.
(e) At least thirty days prior to the approval of any salary adjustment, the salary commission
shall:
(1) Publish at least once in at least two daily newspapers of general circulation in the
county a detailed account of its proposal, or proposals, including specific increases
or decreases in both actual dollar amounts and percentages;
(2) Hold at least one public hearing in either east Hawai`i or west Hawaii, provided
that any public hearing shall be conducted using video conference technology to
allow for public participation from both east and west Hawai`i; and
(3) Submit copies of a detailed report of the commission's findings and conclusions
used to develop its proposal, or proposals, to the office of the county clerk and the
office of the mayor for public inspection.
The public notice required pursuant to this subsection shall include notification that
the report of the commission's findings and conclusions is available for public inspection
at the aforementioned locations.
(f) Any adjustment that increases or decreases any salary by more than ten percent shall
require an affirmative vote of two-thirds of the entire membership of the salary
commission."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser
need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawai`i County for approval
in the 2018 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2018 general election, as duly
certified.
Hilo , Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
ODUCED BY:
MEMBER, CO . AWAI`I
March 14, 2018
March 14, 2018
March 28, 2018
April 11, 2018
November 6, 2018, if approved by the voters
712.2
REFERENCE Comm.
2
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: Susan L. K. Lee Loy
Date Introduced: March 14 , 2018
First Reading: March 14 , 2018
Published: March 24 , 2018
REMARKS:
Second Reading: March 28 , 2018
To Mayor: NJA
Returned: N/A
Effective:
Published:
REMARKS.
COUNTY CLERK
COUNTY OF HAWAII
1018 APR 25 An 9: 05
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
9
0
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 COUNTY CLERK
MAYOR, COUNTY OF HAWAI `I
Bill No.:
Reference:
Ord No.:
98 (Draft 2)
C-712.2/FC-83
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS..
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Third Reading: Apri 1 11, 2018
To Mayor: April 19 , 2018
Returned: April 25, 2018
Effective: N venter 6, 2018, if apfraved by the voters
Published: May 5, 2018
REMARKS. April 11, 2018: Third of
three required readings pursuant to
Section 15-1(a); Hawai'i County Charter
COUNTY CLERK
COUNTY OF HAWAII
1818 APR 25 AN 9: 05
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
8
1
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
8
1
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
rove ! isapproved this
of AT.
Al ,20
MAYOR, COUNTY 6Ff WAI 'I
day
COUNCIL CHAIRPERS N
UNTY CLERK
Bill No.:
Reference:
Ord No.:
98 (Draft 2)
C-712.2/FC-83
18 30
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 153
ORDINANCE NO. 18 76
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XV OF THE
HAWAII COUNTY CHARTER (2016 EDITION), BY ADDING A NEW SECTION
RELATING TO FISCAL IMPACT STATEMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article XV of the Hawai`i County Charter (2016 Edition), is amended by
adding a new section to be appropriately inserted and to read as follows:
"Section 15- . Fiscal Impact Statement.
Fiscal impact statements shall be prepared by the department of finance for
all proposed amendments or revisions to this charter. Each fiscal impact
statement should, as much as practicable, be written in a manner that can be easily
understood by voters and shall include, but not be limited to, an estimate of the
immediate and any potential future effects the proposed charter amendment or
revision, if enacted, will have on county revenues, expenditures, taxes, and fiscal
liabilities. Such statements may also include graphics to illustrate the fiscal
impact of the proposed amendment or revision in the context of county resources.
Fiscal impact statements shall be completed at least sixty calendar days prior
to the election at which the proposed amendment or revision will be placed on the
ballot and shall appear on the county website and be made available for inclusion
in any voter information pamphlet which addresses county ballot propositions.
The council may by ordinance prescribe additional requirements or
refinements to the provisions of this section."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser
need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawai`i County for approval
in the 2018 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2018 general election, as duly
certified.
INTRODUCED BY:
COUNCIL MEMBE\, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: June 5, 2018
Date of 1st Reading: June 5, 2018
Date of 2nd Reading: June 19, 2018
Date of 3rd Reading: July 10, 2018
Effective Date: November 6, 2018, if approved by the voters
REFERENCE Comm.
938
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawai`i
Introduced By: Aaron S . Y . Chung
Date Introduced: June 5 , 2018
First Reading: June 5 , 2018
Published: June 16 , 2018
REMARKS:
Second Reading: June 19 , 2018
To Mayor: N/A
Returned: N/A
Effective:
Published:
REMARKS:
COUNTY CLERK
COUNTY OF HAWAII
zoo jtp. 24 ANI 26
ROLL CALL VOTE
AYES
'' NOES
"ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
X
Poindexter
X
Richards
X
X
Ruggles
X
7
0
2
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
9
0
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 COUNTY CLERK
M4 YOR, COUNTY OF HAWAI `I
Bill No.:
Reference:
Ord No.:
153
C-938/FC-121
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS':
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Third Reading: July 10 , 2018
To Mayor: July 18 , 2018
Returned: July 24, 2018
Effective: lamer. 6, 2018, if an:rcv] Fyr the voters
Published: August 4, 2018
REMARKS: July 10, 2018: Third of
three required readings pursuant to
Section 15-1(a); Hawai'i County Charter
U.NTY CLERK
COUNTY OF HAWAII
M8 JLJL 24 AN :Cc 26
ROLL CALL VOTE
Chung
David
Eoff
Kanuha
Lee Loy
O'Hara
Poindexter
Richards
Ruggles
AYES
NOES
ABS
EX
ROLL CALL VOTE
AYES
NOES
ABS
EX
Chung
X
David
X
Eoff
X
Kanuha
X
Lee Loy
X
O'Hara
X
Poindexter
X
Richards
X
Ruggles
X
9
0
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
rd
roved Disapproved this �� day
of j—kLk ,20 i g
MAYOR, OUNTY/PF
OUNCIL CHAT
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
ERSON
153
C-938/FC-121
18 76