HomeMy WebLinkAboutComm No 0019.02 - Transmit CA-5 for First ReadingDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: January 14, 2019
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 for First Reading; Proposed Amendment to Section 3-18;
Submitted by Commissioner Saquing
Please find attached CA -5 as properly formatted for First Reading.
CA -5 passed Initial Approval on December 14, 2018, and will be placed on the January
25, 2019, meeting agenda for 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. 19.2
CHARTER AMENDMENT NO. CA -5
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1. Article III, Section 3-18, of the Hawai`i County Charter (2018
Edition), is amended to read as follows:
"Section 3-18. Office of the [T] 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.
(g)
(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
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."
Section 2. 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 3. 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 4. 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
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
Section 5. This amendment shall take effect upon approval by the electorate.
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