HomeMy WebLinkAbout2018 Hawaii County Charter
FOREWORD
In 1963,the legislature of the State of Hawai‘i enacted Act 73 enabling the counties of the State
of Hawai‘i to establish charter commissions to study their existing governments and to
recommend and draft charters upon determination that a charter form of government was fit and
desirable. Accordingly, the County of Hawai‘i created a charter commission whose study and
work began in 1964.
The initial charter, which became effective onJanuary 2, 1969, served as the “constitution” of
the government of the County of Hawai‘i, and provided the basic framework for its organization
and operation. It also provided for the orderly transition to the new form of government and for
amendments orrevisions by ordinance or petition and by mandatory review every ten years.
The first mandatory charter review was conducted in 1979 at a special election held on
November 3, 1979. Ten of the thirteen proposed charter amendments were adopted by the
Hawai‘i County electorate. The second mandatory charter review was conducted in 1990. The
charter commission proposed eighteen charter amendments. At the general election on
November 6, 1990, fifteen of the eighteen proposed charter amendments were adopted by
Hawai‘i County voters. The third mandatorycharter review, conducted in 2000, resulted in
sixteen proposed charter amendments. Voters adopted all sixteen amendments during the
general election held on November 7, 2000. The most recent charter review,as conducted by the
2010 Charter Commission, resulted in nineteen proposed charter amendments. On November 2,
2010, the electorate approved eighteen of the nineteen proposed charter amendments.
This edition incorporates the above series of amendments aswell as additional changes proposed
by the county council and adopted by Hawai‘i County voters during general elections held
during the interim periods between charter reviews, including the twoamendmentsthat were
approved by the voters during the 2018General Election. This 2018edition of the charter,
therefore, replaces all previous editions and contains all those charter provisions in effectat the
time of its publication.
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TABLE OF CONTENTS
PREAMBLE..........................................................................................................................................1
ARTICLE I
INCORPORATION AND GEOGRAPHICAL LIMITS..............................................................2
Section 1-1.Incorporation........................................................................................................2
Section 1-2.Geographical Limits............................................................................................2
ARTICLE II
POWERS OF THE COUNTY........................................................................................................2
Section 2-1.Powers of the County...........................................................................................2
Section 2-2.Exercise of Powers..............................................................................................2
ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL.......................................................................................................................2
Section 3-1.Powers and Functions..........................................................................................2
Section 3-2.Composition and Terms.......................................................................................2
Section 3-3.Qualifications.......................................................................................................3
Section 3-4.Vacancy in Office................................................................................................3
Section 3-5.Removal of Council Members.............................................................................3
Section 3-6.Organization of the Council; Officers; Employees.............................................3
Section 3-7.Meetings; Rules and Journal; Voting and Quorum.............................................4
Section 3-8.Actions of the Council.........................................................................................4
Section 3-9.Resolutions..........................................................................................................4
Section 3-10.Ordinances...........................................................................................................4
Section 3-11.Emergency Ordinances........................................................................................5
Section 3-12.Submission of Bills to the Mayor........................................................................6
Section 3-13.Adoption of Pay Plan...........................................................................................6
Section 3-14.County Code........................................................................................................6
Section 3-15.General Plan.........................................................................................................6
Section 3-16.Mandatory Program Review................................................................................7
Section 3-17.County Redistricting Commission.......................................................................7
Section 3-18.Office of the Legislative Auditor.........................................................................8
ARTICLE IV
EXECUTIVE BRANCH
GENERAL PROVISIONS..............................................................................................................9
Section 4-1.Executive Powers.................................................................................................9
Section 4-2.Organization........................................................................................................9
Section 4-3.Appointment by Mayor........................................................................................9
Section 4-4.Advisory Commissions......................................................................................10
Section 4-5.Powers and Duties of Agency Heads.................................................................10
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ARTICLE V
EXECUTIVE BRANCH
THE MAYOR AND STAFF AGENCIES....................................................................................10
CHAPTER 1 -MAYOR
Section 5-1.1.Election and Term of Office..............................................................................10
Section 5-1.2.Qualifications.....................................................................................................11
Section 5-1.3.Powers, Duties and Functions............................................................................11
Section 5-1.4.Vacancy in Office..............................................................................................11
Section 5-1.5.Temporary Absence or Disability......................................................................12
Section 5-1.6.Removal of Mayor.............................................................................................12
CHAPTER 2 -COST OF GOVERNMENT COMMISSION
Section 5-2.1.Declaration of Policy.........................................................................................12
Section 5-2.2.Cost of Government Commission.....................................................................12
Section 5-2.3.Term of Commission.........................................................................................13
ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR....................................................................................13
CHAPTER 1-OFFICE OF MANAGEMENT
Section 6-1.1.Organization......................................................................................................13
Section 6-1.2.Managing Director.............................................................................................13
Section 6-1.3.Powers, Duties and Functions............................................................................13
CHAPTER 2-DEPARTMENT OF PUBLIC WORKS
Section 6-2.1.Organization......................................................................................................14
Section 6-2.2.Director..............................................................................................................14
Section 6-2.3.Powers, Duties and Functions............................................................................14
CHAPTER 3-DEPARTMENT OF PARKS AND RECREATION
Section 6-3.1.Organization......................................................................................................14
Section 6-3.2.Director..............................................................................................................14
Section 6-3.3.Powers, Duties and Functions............................................................................14
Section 6-3.4.County Bands.....................................................................................................15
CHAPTER 4-DEPARTMENT OF INFORMATION TECHNOLOGY
Section 6-4.1.Organization......................................................................................................15
Section 6-4.2.Appointment and Removal................................................................................15
Section 6-4.3.Qualifications.....................................................................................................15
Section 6-4.4.Powers, Duties and Functions............................................................................15
CHAPTER 5-CORPORATION COUNSEL
Section 6-5.1.Organization......................................................................................................16
Section 6-5.2.Appointment and Removal................................................................................16
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Section 6-5.3.Powers, Duties and Functions............................................................................16
Section 6-5.4.Assistant Corporation Counsel..........................................................................16
Section 6-5.5.Special Counsel.................................................................................................16
Section 6-5.6.Term of Office...................................................................................................16
CHAPTER 6-DEPARTMENT OF FINANCE
Section 6-6.1.Organization......................................................................................................17
Section 6-6.2.Appointment and Removal................................................................................17
Section 6-6.3.Powers, Duties and Functions............................................................................17
Section 6-6.4.Pension Board....................................................................................................18
CHAPTER 7-PLANNING DEPARTMENT
Section 6-7.1.Organization......................................................................................................18
Section 6-7.2.Planning Director...............................................................................................19
Section 6-7.3.Windward Planning Commission......................................................................19
Section 6-7.4.Leeward Planning Commission.........................................................................20
Section 6-7.5.Duties and Functions of the Windward and Leeward Planning Commissions.20
Section 6-7.6.Transitional Provisions......................................................................................21
CHAPTER 8-DEPARTMENT OF RESEARCH AND DEVELOPMENT
Section 6-8.1.Organization......................................................................................................21
Section 6-8.2.Director..............................................................................................................21
Section 6-8.3.Powers, Duties and Functions............................................................................22
CHAPTER 9-MISCELLANEOUS
Section 6-9.1.Clerical Pool......................................................................................................22
Section 6-9.2.Board of Appeals...............................................................................................22
Section 6-9.3.Game Management Advisory Commission.......................................................22
CHAPTER 10-DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 6-10.1.Organization......................................................................................................23
Section 6-10.2.Statement of Policy............................................................................................23
Section 6-10.3.Director..............................................................................................................23
Section 6-10.4.Powers, Duties and Functions............................................................................23
Section 6-10.5.Environmental Management Commission........................................................23
ARTICLE VII
EXECUTIVE BRANCH-DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS........................................................................................24
CHAPTER 1-DEPARTMENT OF HUMAN RESOURCES
Section 7-1.1.Organization......................................................................................................24
Section 7-1.2.Merit Appeals Board..........................................................................................24
Section 7-1.3.Director..............................................................................................................24
Section 7-1.4.Powers, Duties and Functions............................................................................25
Section 7-1.5.Position Classification Plan; Compensation......................................................25
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Section 7-1.6.Administrative Supervision...............................................................................25
CHAPTER 2-POLICE DEPARTMENT
Section 7-2.1.Organization......................................................................................................25
Section 7-2.2.Police Commission............................................................................................25
Section 7-2.3.Chief of Police and Deputy................................................................................26
Section 7-2.4.Powers, Duties, and Functions of the Chief of Police.......................................26
Section 7-2.5.Dismissal, Suspension, Demotion, or Grievance...............................................27
Section 7-2.6.Administrative Supervision...............................................................................27
CHAPTER 3-DEPARTMENT OF LIQUOR CONTROL
Section 7-3.1.Organization......................................................................................................27
Section 7-3.2.Liquor Commission...........................................................................................27
Section 7-3.3.Liquor Control Adjudication Board...................................................................28
Section 7-3.4.Director of the Department of Liquor Control..................................................28
Section 7-3.5.Administrative Supervision...............................................................................28
CHAPTER 4-HAWAI‘I FIRE DEPARTMENT
Section 7-4.1.Organization......................................................................................................28
Section 7-4.2.Statement of Policy............................................................................................29
Section 7-4.3.FireChief...........................................................................................................29
Section 7-4.4.Powers, Duties and Functions............................................................................29
Section 7-4.5.Fire Commission................................................................................................29
Section 7-4.6.Powers, Duties and Functions............................................................................30
ARTICLE VIII
DEPARTMENT OF WATER SUPPLY......................................................................................30
Section 8-1.Organization......................................................................................................30
Section 8-2.Water Board.......................................................................................................30
Section 8-3.Manager-Chief Engineer and Deputy................................................................31
Section 8-4.Water Fund........................................................................................................31
Section 8-5.Administrative Supervision...............................................................................31
ARTICLE IX
PROSECUTING ATTORNEY.....................................................................................................31
Section 9-1.Election and Term of Office..............................................................................31
Section 9-2.Qualifications.....................................................................................................31
Section 9-3.Powers, Duties and Functions............................................................................32
Section 9-4.Staff....................................................................................................................32
Section 9-5.Vacancy in Office..............................................................................................33
Section 9-6.Removal of Prosecuting Attorney.....................................................................33
ARTICLE X
FINANCIAL PROCEDURES.......................................................................................................33
Section 10-1.Fiscal Year.........................................................................................................33
Section 10-2.Preparation and Submission of Budget and Capital Program...........................33
Section 10-3.Scope of Operating Budget; Operating Program; Mayor’s Message................34
Section 10-4.Operating Budget and Capital Budget: Notice and Hearing............................35
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Section 10-5.Operating Budget: Council Action...................................................................35
Section 10-6.Capital Budget and Capital Program: Scope; Council Action..........................36
Section 10-7.Budgets: Public Records...................................................................................36
Section 10-8.Appropriations: Supplemental and Emergency................................................37
Section 10-9.Appropriations: Reduction and Transfer..........................................................37
Section 10-10.Lapse of Appropriations....................................................................................37
Section 10-11.Payments and Obligations Prohibited: Verifications; Penalties.......................38
Section 10-12.Special Funds.....................................................................................................38
Section 10-13.Post-audit...........................................................................................................38
Section 10-14.Centralized Purchasing......................................................................................39
Section 10-15.Public Access, Open Space, and Natural Resources Preservation Fund...........39
Section 10-16.Public Access, Open Space, and Natural Resources Preservation Maintenance
Fund...................................................................................................................40
ARTICLE XI
INITIATIVE AND REFERENDUM............................................................................................44
Section 11-1.Powers of Initiative and Referendum................................................................44
Section 11-2.Definitions.........................................................................................................44
Section 11-3.Petitioners’ Committee......................................................................................44
Section 11-4.Initiative and Referendum Process....................................................................44
Section 11-5.Initiative and Referendum Petitions: Forms and Sufficiency............................47
Section 11-6.Withdrawal of Petition.......................................................................................48
Section 11-7.Results of Election.............................................................................................48
ARTICLE XII
REMOVAL OF ELECTED OFFICERS.....................................................................................48
CHAPTER 1-RECALL
Section 12-1.1.Recall Procedure................................................................................................48
Section 12-1.2.Petitions.............................................................................................................49
Section 12-1.3.Signatures..........................................................................................................49
Section 12-1.4.Filing and Certification......................................................................................49
Section 12-1.5.Supplemental Petitions......................................................................................50
Section 12-1.6.Recall Election...................................................................................................50
Section 12-1.7.Ballots................................................................................................................50
Section 12-1.8.Succeeding Officer............................................................................................51
Section 12-1.9.Immunity to Recall............................................................................................51
CHAPTER 2-IMPEACHMENT
Section 12-2.1.Impeachment of Elected Officers......................................................................51
ARTICLE XIII
GENERAL PROVISIONS............................................................................................................51
Section 13-1.Definitions.........................................................................................................51
Section 13-2.Titles, Subtitles, Personal Pronouns; Constructions..........................................52
Section 13-3.Appointments.....................................................................................................53
Section 13-4.Boards and Commissions..................................................................................53
Section 13-5.Oaths of Office..................................................................................................54
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Section 13-6.Bonding Officers...............................................................................................54
Section 13-7.Rules and Regulations.......................................................................................54
Section 13-8.Term of Office of Department Heads................................................................55
Section 13-9.Non-Civil Service Status and Classification......................................................55
Section 13-10.Prohibitions........................................................................................................55
Section 13-11.Penalties.............................................................................................................55
Section 13-12.Acceptance of Gifts or Donations......................................................................55
Section 13-13.Contracts............................................................................................................56
Section 13-14.Facsimile Signatures..........................................................................................56
Section 13-15.Title to Property.................................................................................................56
Section 13-16.Payment of Moneys Out of the County Treasury..............................................56
Section 13-17.Expenses............................................................................................................56
Section 13-18.Claims................................................................................................................56
Section 13-19.Annual Reports..................................................................................................56
Section 13-20.Records and Meetings Open to The Public.......................................................57
Section 13-21.Cooperation with Other Agencies.....................................................................57
Section 13-22.Coordination of Work........................................................................................58
Section 13-23.Declaration of Emergencies...............................................................................58
Section 13-24.Waiver of Charter Provisions............................................................................58
Section 13-25.Separability........................................................................................................58
Section 13-26.Public Defender.................................................................................................58
Section 13-27.County Election.................................................................................................58
Section 13-28.Compensation; Salary Commission...................................................................59
Section 13-29.Conservation of Natural and Cultural Resources..............................................60
ARTICLE XIV
CODE OF ETHICS........................................................................................................................60
Section 14-1.Enactment and Policy........................................................................................60
Section 14-2.Standards............................................................................................................60
Section 14-3.Disclosure of Interest.........................................................................................61
Section 14-4.Conduct of Employees.......................................................................................61
Section 14-5.Board of Ethics..................................................................................................61
Section 14-6.Penalties.............................................................................................................62
ARTICLE XV
CHARTER AMENDMENT OR REVISION..............................................................................62
Section 15-1.Initiation of Amendments or Revisions.............................................................62
Section 15-2.Elections to be Called........................................................................................63
Section 15-3.Mandatory Charter Reviews..............................................................................63
Section 15-4.Fiscal Impact Statement.....................................................................................64
ARTICLE XVI
TRANSITIONAL PROVISIONS.................................................................................................64
Section 16-1.Schedule.............................................................................................................64
Section 16-2.Initial Elections Under the Charter....................................................................64
Section 16-3.Existing Laws and Conflicting Laws.................................................................64
Section 16-4.Status of Agencies and Transfer of Functions...................................................64
Section 16-5.Transfer of Records and Property......................................................................65
Section 16-6.Status of Present Employees..............................................................................66
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Section 16-7.Department Heads Continued in Office............................................................66
Section 16-8.Pending Proceedings..........................................................................................66
Section 16-9.Lawful Obligations of the County.....................................................................66
Section 16-10.Hawai‘i Redevelopment Agency.......................................................................66
Section 16-11.TransitionalProvisions Concerning Fire Department.......................................66
Section 16-12.Boards and Commissions with District Residency Requirements....................66
Revision History...................................................................................................................................67
Charter Commissions..........................................................................................................................72
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PREAMBLE
WE, THE PEOPLE OF THE COUNTY OF HAWAI‘I,in the State of Hawai‘i,
with due respect for and in support ofthe laws of the land, do adopt this
CHARTER OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
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ARTICLE I
INCORPORATION AND GEOGRAPHICAL LIMITS
Section 1-1.Incorporation.
The people of the county of Hawai‘i shall be and continue as a body politic and corporate
by the name of “County of Hawai‘i,” hereinafter in this charter called “county.” By that name it
shall have perpetual succession.
(2010, Prop. 7, sec. 2.)
Section 1-2.Geographical Limits.
The island of Hawai‘i and all other islands within the shores thereof and the waters
adjacent thereto shall be the county of Hawai‘i.
(2010, Prop. 7, sec. 2.)
ARTICLE II
POWERS OF THE COUNTY
Section 2-1.Powers of the County.
The county shall have all powers possible under the constitution and laws of the State of
Hawai‘i, including all powers now or hereafter given by such constitution or laws, and all other
powers not prohibited by such constitution or by this charter. The county shall have such powers
as fully and completely as though specifically enumerated in this charter, and no enumeration of
powers in this charter shall be deemed exclusive or restrictive.
(2010, Prop. 7, sec. 3.)
Section 2-2.Exercise of Powers.
All powers of the county shall be carried into execution as provided by this charter or, if
the charter makes no provision, by ordinance or resolution of the county council.
ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL
Section 3-1.Powers and Functions.
The legislative powers of the county shall be vested in the county council. Its primary
function shall be legislation and public policy formulation, as distinct and separate from the
executive administration of county government.
Section3-2.Composition and Terms.
There shall be a county council composed of nine members. One member shall be
elected from each of nine districts. The terms of the councilmembers 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.
(1990, Prop. 1, sec. 1; 1996, Ord. No. 95-20, sec. 2; 2000, Prop. 1, sec. 2.)
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Section 3-3.Qualifications.
A person must be a citizen of the United States of America and have been a duly
qualified elector of the county for at least one year immediately preceding election or
appointment to the county council. Aperson must also have been a resident and registered voter
of the district from which the person is to be elected or appointed for at least ninety (90)days
immediately preceding the primary election or the appointment.
(1979, Prop. 13; 1990, Prop. 1, sec. 2.)
Section 3-4.Vacancy in Office.
When any vacancy occurs in the county council, the remaining members of the council
shall appoint as a successora person with the requisite qualifications to fill the vacancy. Within
thirty days after the occurrence of any vacancy, the council chairpersonshall notify all remaining
members of the council by registered mail that on a specified regular meeting date,formal action
shall be taken to fill the vacancy. Should the council fail to fill any vacancy within sixty days
after its occurrence, the chairpersonof the council shall appoint a successor to fill the vacancy
for the unexpired term. The person appointed shall serve until a successor is duly elected and
seated.
(1974, Ord. No. 74-59, sec. 2; 1990, Prop. 7, sec. 1andProp. 14, sec. 1; 2000, Prop. 1, sec. 3.)
Section 3-5.Removal of Council Members.
Any council membermay be removed by impeachment or recall proceedings as provided
by this charter.
(1979, Prop. 9; 1990, Prop. 14, sec. 1.)
Section 3-6.Organization of the Council; Officers; Employees.
(a)The council shall elect from among its members a chairpersonand a vice chairperson,
each of whom shall serve at its pleasure. Until such timeas the chairpersonand presiding
officer shall be elected, the mayor shall preside at such meeting, provided that the mayor
shall not have a vote. The chairpersonshall preside at council meetings.If at any
meeting the chairpersonis not present or unable to act, the vice chairpersonshall then
preside.In the absence of the chairperson and vice chairperson, the council shall elect
from among its members a temporary presiding officer.
(b)The council shall appoint the county clerk which position shall be exempt from civil
service laws and classifications. The county clerk shall serve for a period of four years,
and thereafter, until a successor is appointed. The council, by a two-thirds vote of its
membership, may remove the county clerk from office at any time. The county clerk
shall:
(1)Be the clerk of the council.
(2)Be custodian of the county seal.
(3)Conduct all elections held within the county.
(4)Appoint the deputy county clerk, with the approval ofthe council, and such
position shall be exempt from civil service laws and classifications.
(5)Perform such other functions as the council may prescribe.
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(6)Appoint necessary staff for which appropriations have been made by the council,
subject to civil service laws and classifications, and exercise the same power with
respect to the personnel of the clerk’soffice as the department heads in the
executive branch, with the exception of the office of the legislative auditor.
(1974, Ord. No. 59, sec. 3; 1990, Prop. 14, sec. 1; 2008, Ord. No. 08-81, sec. 2; 2014, Ord. No. 14-98,
sec. 1.)
Section 3-7.Meetings; Rules and Journal; Voting and Quorum.
The county council shall meet regularly at least twice in every month at such times and
places as shall be established by rule of the council, and meet at least quarterly in the judicial
district of North Kona or South Kona. The council shall determine its rules and order of business
and shall provide for keeping a journal of its proceedings, which shall be a public record, in
which the ayes and noes shall be entered as required by this charter or at any other time upon the
demand of any member. The affirmative vote of a majority of the entire membership shall be
necessary for council action. A majority of the entire membership of the council shall constitute
a quorum, but a smaller number may adjourn from time to time and may compel the attendance
of absent members.Whenever the term “entire membership” appears in this charter pertaining to
council voting, it means the entire membership of nine members, even if there are vacancies.
(1979, Prop. 13; 1990, Prop. 13, sec. 3; 2000, Prop. 13, sec. 1.)
Section 3-8.Actions of the Council.
Every legislative act of the council shall be by ordinance. Non-legislative acts of the
council maybe by resolution and, except asotherwise provided by law, no resolution shall have
the force and effect of law. Every ordinance shall be introduced in writing and in the form
required for final adoption. The enacting clause of every ordinance shall be “BE IT ORDAINED
BY THE COUNCIL OF THE COUNTY OF HAWAI‘I” and the enacting clause of every
resolution shall be “BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAI‘I.”
(2010, Prop. 7, sec. 4.)
Section 3-9.Resolutions.
Reading of resolutions may be by title only. A full reading may be required by a one-
third vote of the entire membership.
Section 3-10.Ordinances.
(a)Ordinances shall be initiated as bills which shall be passed only after two readings on
separate days. Reading of bills may be by title only. Full readings and public hearings
may be required by a one-third vote of the entire membership.
(b)Every ordinance of the council shall embrace but one subject, which subject shall be
expressed in its title. If an ordinance embraces a subject not expressed in its title, only
that subject shall bevoid.
(c)Bills embracing:
(1)The fixing of special assessments for the cost of improvements;
(2)The appropriation of public funds or authorization of the issuance of general
obligation bonds;or
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(3)The imposition of a duty or penalty on any person, shall pass first reading by a
vote taken by ayes and noes, and digests of such billsshall be advertised once in
at least two daily newspapersof general circulation in the countyand shall also be
distributed via an electronic medium, such as the Internet, with ayes and noes, at
least three days before final reading by the council. Not less than three copies of
such bills shall be filed for use and examination by the public in the office of the
county clerk at least three days prior to the final reading thereof.
(d)A bill shall not be amended to change its original purpose. An amended bill shall, upon a
one-third vote of the entire membership, be laid over for at least one week beforefinal
reading.
(e)A motion to reconsider made at the time any bill fails to pass final reading shall not be
voted upon until after twenty-four hours.
(f)Ordinances shall become effective upon approval by the mayor or at such later date as
may be specified therein.
(g)A bill may incorporate therein any standard technical code or portions thereof by
reference. The code, or portions, need not be published in the manner required for
ordinances, but not less than three copies thereof shall be filed for useand examination
by the public in the office of the county clerk, and notice of the availability of said copies
shall be published by the clerk.
(h)After enactment, ordinances shall be published once in at least twodaily newspapersof
general circulationin the countyand shall also be distributed via an electronic medium,
such as the Internet. Such publication shall be by title only and shall specify the ayes and
noes.
(1990, Prop. 10, secs.1 and 2; 2010, Prop. 7, sec. 5and Prop. 19, secs. 1 and 2.)
Section 3-11.Emergency Ordinances.
The county council may adopt emergency ordinances to meet public emergencies
affecting life, health or property. Such ordinances may not be used to levy taxes, authorize the
borrowing of money or to grant, renew or extend franchises. Emergency appropriations may be
made pursuant to Section 10-8.
Emergency ordinances shall be plainly designated as such and shall contain a declaration
describing the emergency in clear and specific terms. Any emergency ordinance may be
considered and adopted after one reading, with or without amendment, or be rejected at the
meeting at which the same is introduced. The affirmative vote of all council members present or
by two-thirds of the entire membership shall be necessary for adoption of such ordinances.
Emergency ordinances shall be published in the same manner prescribed for other adopted
ordinances and shall become effective upon approval by the mayor or at such later time,
preceding automatic repeal, as the same may specify.
Amendments to any emergency ordinance shall be adopted in the same manner
prescribed for adoption of emergency ordinances.
Every emergency ordinance, including any amendments made after adoption, shall
automatically stand repealed as of the sixty-first day following the date of adoption of the
original ordinance.
(1979, Prop. 13.)
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Section 3-12.Submission of Bills to the Mayor.
Every bill adopted by the council shall be duly authenticated by the clerk and the
presiding officer and thereupon presented to the mayor for approval. Such bill shall become
effective as an ordinance upon its approval or such later date as specified therein. If the mayor
disapproves a bill, the mayorshall return the bill together withany objections in writing to the
clerk withinten days (excluding Saturdays, Sundays, and legal holidays) after receipt. If the
mayor does not act within such ten-day period, the bill shall become effective as an ordinance as
ifthe mayor had approved it. The objections of the mayor shall be entered in the journal of the
council and the council may, after five and within thirty days after the bill has been so returned,
reconsider the vote upon the bill. If the bill, upon such reconsideration, is again passed by the
affirmative vote of two-thirds ofthe entire membership the presiding officer shall verify that fact
on the face of the bill and such bill shall become effective as an ordinance with like effect as if
approved by the mayor. A bill failing to pass upon such reconsideration shall be deemedlost.
If any appropriation bill is presented to the mayor,the mayor may veto any item or
portion thereof by striking out or reducing the same. The mayor shall append anyobjections and
the reasons thereforto the bill at the time of signing, and the item or portion thereof so vetoed
shall not take effect unless the council shall reconsider the vote on the bill and, upon such
reconsideration, the bill is again passed by the affirmative vote of two-thirds of the entire
membership.
(1990, Prop. 14, sec. 1)
Section 3-13.Adoption of Pay Plan.
All persons employed by the county or any of its boards or commissions, whether as
officers or otherwise, except those whose pay is otherwise provided for shall be paid in
accordance with a pay plan enacted by ordinance. The pay plan for persons holding positions in
the position-classification plan shall be in accordance with Section 7-1.5 of this charter. Interim
amendments to the ordinance establishing the pay plan for the county may be by resolution of the
councilprovided a revised salary ordinance is enacted at least once annually.
Section 3-14.County Code.
There shall be a county code containing all county ordinances, as may be amended from
time to time, and copies thereof shall be available for inspection atthe office of the county clerk.
(1979, Prop. 13.)
Section 3-15.General Plan.
The county council shall adopt by ordinance a general plan which shall set forth the
council’s long range policy for the comprehensive physical, economic, environmental, and socio-
cultural wellbeing of the county.
(a)The general plan shall contain a statement of development objectives, standards
and principles with respect to the most desirable use of land within the county for
residential, recreational, agricultural, commercial, industrial and other purposes
which shall be consistent with proper conservation of natural resources and the
preservation of our natural beauty and historical sites; the most desirable density
of population in the several parts of the county; a systemof principal
thoroughfares, highways, streets, public access to the shorelines, and other open
spaces; the general locations, relocations and improvement of public buildings,
the general location and extent of public utilities and terminals, whether publicly
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or privately owned, for water, sewers, light, power, transit, and other purposes;
the extent and location of public housing projects; adequate drainage facilities and
control; air pollution; and such other matter as may, in the council’s judgment,
promote the general welfare, health, and prosperity of its people.
(b)The council shall enact zoning, subdivision, and such other ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
(c)No public improvement or project, or subdivision or zoning ordinance, shall be
initiated or adopted unless the same conforms to and implements the general plan.
(d)Amendments to the general plan may be initiated by the council or the planning
director.
(1979, Prop. 3; 2016, Ord. No. 16-62, sec. 1.)
Section 3-16.Mandatory Program Review.
At least once every four years, the council shall critically review every program
supported wholly or partially by county funds, and unless the council shall favorably authorize
its continuation at current or modified levels, the program shall be terminated. The council shall
adopt procedures and details to implement this section.
(1979, Prop. 4.)
Section 3-17.County Redistricting Commission.
(a)There shall be a county redistricting commission which shall establish the boundaries of
the council districts.
(b)The initial redistricting commission shall consist of seven members, two of whom shall
be residents of the combined judicial districts of North and South Hilo, one from the
judicial district of Puna, one from the judicial district of , one from the combined
judicial districts of North and South Kona, one from the combined judicial districts of
North and South Kohala, and one from the judicial district of Hmkua. The members
shall be appointed by the mayor and confirmed by the council in the manner prescribed in
Section 13-4.
(c)Each subsequent redistricting commission shall consist of nine members. One member
shall be a resident of each council 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.
(d)The year 1991 and every tenth year thereafter shall be redistricting years. The
redistricting commission shall be appointed and confirmed by July 1 of the year
immediately preceding the redistricting year, and shall file a redistricting plan with the
county clerk by December 31 of the redistricting year. A report shall be filed with the
redistricting plan providing an explanation of the commission’s reasoning for the plan
and how the plan complies with the criteria provided in subsection (g). The redistricting
commission shall be dissolved after the filing of the redistricting plan.
(e)Prior to completing a draft of the redistricting plan, the commission shall hold at least one
public hearing in each of the nine council districts. Upon completion of a draft
redistricting plan, the commission shall hold at least one public hearing in east Hawai‘i
and one in west Hawai‘i.
(f)The county clerk shall furnish all necessary technical and secretarial services for the
redistricting commission. The council shall appropriate necessary funds to enable the
commission to carry out its duties.
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(g)The redistricting commission shall adhere to the following criteria in establishing the
boundaries of the council districts:
(1)No district shall be drawn to unduly favor or penalize a person or political faction;
(2)Insofar as possible, districts should be contiguous and compact;
(3)District lines shall, where possible, follow permanent and easily recognizable
features;
(4)Districts shall have approximately equal resident populations as required by
applicable constitutional provisions.
(h)The district boundaries as established by the redistricting commission shall be in effect at
the first regularly scheduled council election following the filing of the plan and for any
subsequent council election. The district boundaries in effect prior to the filing of the
redistricting plan shall remain in effect during the duration of the term of all
councilmembers elected or appointed to represent such districts until the expiration of the
full term of such councilmembers, including any election held to fill an unexpired term
under Section 3-5.
(i)No member of the redistricting commission shall be eligible to become a candidate for
election to the County Council in the first election under any such redistricting plan.
(1990, Prop. 1, sec. 3; 2010, Prop. 5, sec. 1 andProp. 7, sec. 6; 2012, Ord. No. 12-70, sec. 2.)
Section 3-18.Office of the Legislative Auditor.
(a)There is established within the legislative branch an independent office of the legislative
auditor to be headed by a legislative 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 auditor
from office at any time for cause.
(b)The legislative 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 auditor shall submit an annual budget to the county council. The
legislative 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 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, asset forth by the
legislative 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.
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(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 thatis supported, in
whole or in part, by county funds.
(f)For purposes of carrying out any audit, the legislative 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 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 auditor, shall have
the power to compel obedience to any process of the auditor andto punish, as a
contempt of the court, any refusal to comply therewith without good cause. The
auditor may retain special counsel, in the manner authorized by the council, to
represent the auditor in implementing these powers.
(g)The legislative auditorshall 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.
(2008, Ord. No. 08-81, sec. 3;2010, Prop. 7, sec. 7.)
ARTICLE IV
EXECUTIVE BRANCH
GENERAL PROVISIONS
Section 4-1.Executive Powers.
The executive powersof the county shall be vested in and exercised by the executive
branch, which shall be headed by the mayor, and administered by the managing director, except
as otherwise provided by this charter.
(2000, Prop. 2, sec. 3.)
Section 4-2.Organization.
The activities under the direction and supervision ofthe mayor shall be distributed among
such agencies established by this charter or as maybe established by ordinance of the county
council. New functions may be assigned by the mayor to existing agencies.
Section 4-3.Appointment by Mayor.
Each agency shall be administered by an officer appointed by the mayor, except as
otherwise provided by this charter.
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Section 4-4.Advisory Commissions.
The mayor may appoint advisory commissions. Members of such advisory commissions
shall serve for a period of time not to exceed, or exist beyond, the term of office of the mayor,
except as otherwise provided by this charter. The members of advisory commissions shall not
receive compensation; however their authorized expenses shall be paid from funds of the agency
affected by the commission. Advisory commissions shall have no employees, but the mayor
shall cause the employees of the agency concerned to furnish such services as may be needed by
the commissions.
Section 4-5.Powers and Duties of Agency Heads.
Subject to the provisions of this charter, the administrative heads of each agency or
executive agency of the county shall have the power to:
(a)Appoint and remove a deputy or assistant and a private secretary and such
positions shall be exempt from civil service laws and classifications. No such
appointment shall be made unless the positions have been created and
appropriations therefor have been made by the council.
(b)Appoint necessary staff for which appropriations have been made by the council.
(c)Take all personnel actions including the assignment orreassignment of duties to
employees within the salary ordinance; provided, that if such assignment or
reassignment of duties shall affect the compensation of the employees, written
approval must first beobtained from the mayor and a report thereon must be
submitted to the council within thirty days.
(d)Supervise the performance of duties by all employees.
(e)Except as otherwise provided by this charter and subject to the approval of the
mayor, prescribe such rules as are necessary for the organization and internal
administration of the agency.
(f)Perform such duties as are prescribed by this charter and such other duties as may
be assigned by the mayorand managing director.
(2000, Prop. 2, sec. 4; 2010, Prop. 7, sec. 8.)
ARTICLE V
EXECUTIVE BRANCH
THE MAYOR AND STAFF AGENCIES
CHAPTER 1
MAYOR
Section 5-1.1.Election and Term of Office.
The mayor shall be elected for a term of four years which term shall commence at twelve
o’clock meridian on the first Monday of December following theelection.
(1990, Prop. 14, sec. 1.)
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Section 5-1.2.Qualifications.
Any citizen of the United States of America who has been a duly qualified elector of the
county for at least one year immediately preceding theelection as mayor shall be eligible for the
office of mayor. The mayor may serve for more than two terms of office but shall not serve for
more than two consecutive full terms of office.
(1979, Prop. 13; 1990, Prop. 14, sec. 1.)
Section 5-1.3.Powers, Duties and Functions.
The mayor shall be the chief executive officer of the county vested with all the executive
powers of the county, except as otherwise provided by this charter. The mayor shall have the
power to:
(a)Through the managing director supervise and coordinate all executive agencies of
the county, except as otherwise provided by this charter.
(b)Appoint necessary staff for which appropriations have been made by the council.
All positions in the mayor’s office shall be exempt from civil service laws and
classifications.
(c)Create positions, including position of deputy or assistant to each head of an
agency where such position has not been created by this charter, for which
appropriations have been made by the council and abolish positions with the
consent of the council.
(d)Make transfers of positions between agencies or between subdivisions of agencies
subject to applicable civil service regulations.
(e)Recommend to the council a pay plan for all officers and employees of the county
or any of its boards and commissions, except those whose pay is otherwise
provided for; provided that the salary of any officer or employee who is exempt
from the civil service laws shall be subject to approval by the council and the
mayor.
(f)Submit an operating budget, an operating program, a capital budget and a capital
program annually to the council.
(1990, Prop. 14,sec. 1; 2000, Prop. 2, sec. 5.)
Section 5-1.4.Vacancy in Office.
A vacancy in the office of mayor shall be filled by the managing director, or ifthe office
of managing director is vacant, or during such periods as the managing director is unable to so
act, by the finance director until a successor is duly elected and seated.
If the vacancy occurs after the filing deadline for the next regularly scheduled primary
election, the managing director shall serve the entire unexpired term.
If the vacancy occurs before the filing deadline for the next regularly scheduled primary
election in the middle of the mayoral term, the council shall, through its clerk, immediately issue
an election proclamation, announcing that a successor will be elected as prescribed in
Section13-27.The proclamation shall also announce the date for the close of filing of
nomination papers for the office, which shall be ten daysafter the issuance of the election
proclamation, or the filing deadline forthe primary election, whichever comes later. The
election shall be held in accordance with the election laws of the state insofar as otherwise
applicable.
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The person elected as the successor shall serve out the unexpired term of the person
succeededcommencing at twelveo’clock meridian on the first Monday of December following
theelection.
(1974, Ord. No. 59, sec. 4; 1990, Prop. 7, sec. 2and Prop. 14, sec. 1; 2000, Prop. 1, sec. 4;2010, Prop. 7,
sec. 9.)
Section 5-1.5.Temporary Absence or Disability.
During the temporary absence or disability of the mayor, the managing director shall act
as mayor. If the office of managing director is vacant, or during such periods as the managing
director is unable to so act, the director of finance shall then act as mayor.
Section 5-1.6.Removal of Mayor.
The mayor may be removed by impeachment or recall proceedings as provided by this
charter.
(1979, Prop. 9.)
CHAPTER 2
COST OF GOVERNMENT COMMISSION
Section 5-2.1.Declaration of Policy.
It is declared to be the policy of the county to promote economy, efficiency and improved
service in the transaction of the public business in the legislative and executive branches of the
county by:
(a)Limiting expenditures to the lowest amount consistent with the efficient
performance of essential services, activities,and functions.
(b)Eliminating duplication and overlapping of services, activities,and functions.
(c)Consolidating services, activities,and functions of a similar nature.
(d)Abolishing services, activities,and functions not necessary to the efficient
conduct of government.
(2000, Prop. 11, sec. 1; 2010, Prop. 7, sec. 10and Prop. 9, sec. 3.)
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. 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.
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(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.
(2000, Prop. 11, sec. 1; 2010, Prop. 7, sec. 11andProp. 9, sec. 3.)
Section 5-2.3.Term of Commission.
The commission members shall be appointed to terms starting one year after the
beginning of the term of the mayor, and lasting eleven months.
(2000, Prop. 11, sec. 1; 2010, Prop. 9, sec. 3.)
ARTICLE VI
EXECUTIVE BRANCH
THE MANAGING DIRECTOR AND AGENCIES
UNDER THE MANAGING DIRECTOR
CHAPTER 1
OFFICE OF MANAGEMENT
Section 6-1.1.Organization.
There shall be an office of management consisting of the managing director and the
necessary staff.
(1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 2.)
Section 6-1.2.Managing Director.
The managing director shall be appointed by the mayor, confirmed by the counciland
may be removed by the mayor. The managing director shall have had five years of experience in
anadministrativecapacity, and shall possess demonstrable education and/or professional
experience as required of the office.
(2000, Prop. 2, sec. 2andProp. 7, sec. 6.)
Section 6-1.3.Powers, Duties and Functions.
The managing director shall:
(a)Act as the principal management aide to the mayor.
(b)Supervise the administrative functioning of all agencies, departments, boards, and
commissions.
(c)Recommend to the mayor the annual operating and capital improvement budgets.
(d)Evaluate the management and performance of each executive agency, and make
reports to the mayor and the council on the findings and recommendations of such
evaluation. A report shall be made to the responsible commission whenever an
evaluation is performed on a department or agency under a commission.
(e)Prescribe standards of administrative practice to be followed by all agencies under
the managing director’s supervision.
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(f)Attend meetings of the council or of any board or committee, when requested by
the mayor.
(g)Attend meetings of the council and its committees upon request and make
available such information as they may require.
(h)Perform all other duties as required by this charter or assigned by the mayor.
(1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 2.)
CHAPTER 2
DEPARTMENT OF PUBLIC WORKS
Section 6-2.1.Organization.
There shall be a department of public works consisting of a director and the necessary
staff.
(2000, Prop. 7, sec. 7.)
Section 6-2.2.Director.
The director of public works shall be appointed by the mayor, confirmed by the council
and may be removed by the mayor. The director shall be a registered professional engineer.The
director shall have had a minimum of five years ofexperience in an administrative capacity.
(1979, Prop. 12; 1990, Prop. 14, sec. 1; 2000, Prop. 7, sec. 8; 2010, Prop. 7, sec. 12.)
Section 6-2.3.Powers, Duties and Functions.
The powers, duties and functions of the department of public works shall be prescribed
by ordinance and shall be exercised and performed by the department.
(1979, Prop. 13.)
CHAPTER 3
DEPARTMENT OF PARKS AND RECREATION
Section 6-3.1.Organization.
There shall be a department of parks and recreation consisting of a parks and recreation
director and the necessary staff.
Section 6-3.2.Director.
The parks and recreation director shall be appointed by the mayor, confirmed by the
council,and may be removed by the mayor.The director shall have had a minimum of five
years of experience in an administrative capacity.
(1979, Prop. 12; 2000, Prop. 7, sec. 9; 2010, Prop. 7, sec. 13.)
Section 6-3.3.Powers, Duties and Functions.
The powers, duties and functions of the department of parks and recreation shall be
prescribed by ordinance and shall be exercised and performed by the department.
(1979, Prop. 13.)
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Section 6-3.4.County Bands.
The county bands shall be a part of the department of parks and recreation for
administrative purposes. The bandmasters shall be appointed by the mayor and may be removed
by themayor. The members of the bands and other employees connected therewith shall be
appointed by the bandmasters and maybe removed by the bandmasters with the approval of the
managing director, and all positions in the bandsshall be exempt from civil service laws and
classifications.
CHAPTER 4
DEPARTMENT OF INFORMATION TECHNOLOGY
Section 6-4.1.Organization.
There shall be a department of information technology consisting of the director of
information technology and necessary staff.
(2010, Prop. 9, secs. 2and 3.)
Section 6-4.2.Appointment and Removal.
The director of information technologyshall be appointed by the mayor, confirmed by
the council and may be removed by the mayor.
(2010, Prop. 9, secs. 2and 3.)
Section 6-4.3.Qualifications.
The director of information technology shall have had a minimum of five years of
experience in the field of electronic data processing, telecommunications networking, and
development, implementation and operation of business-oriented applications, at least three years
of which shall have been in an administrative and managerial capacity in a computer system
environment at least comparable to that of the county’s system.
(2010, Prop. 9, secs. 2and 3.)
Section 6-4.4.Powers, Duties and Functions.
The director of information technology shall:
(a)Operate the central data processing system, and coordinate and oversee the
operations of departmental data processing systems, except for those systems
maintained by the department of water supply.
(b)Provide technical expertise in data processing and telecommunication to
applicable departments and agencies of the county.
(c)Assist in the development of management information.
(d)Advise the mayor on matters relating to data processing and telecommunication.
(e)Performsuch other duties as may be required by law.
(2010, Prop. 9, secs. 2and 3.)
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CHAPTER 5
CORPORATION COUNSEL
Section 6-5.1.Organization.
There shall be a department of the corporation counsel consisting of the corporation
counsel, assistant corporationcounsel and the necessary staff.
(2000, Prop. 2, sec. 1.)
Section6-5.2.Appointment and Removal.
The corporation counsel shall be appointed by the mayor, confirmed by the council and
may be removed by the mayor with the approval of the council. The corporation counsel shall be
an attorney licensed to practice and in good standing before the Supreme Court of the State of
Hawai‘i.
(1979, Prop. 12; 1990, Prop. 14,sec. 1; 2000, Prop. 2, sec. 1; 2010, Prop. 7, sec. 16.)
Section 6-5.3.Powers, Duties and Functions.
The corporation counsel shall be the chief legal advisor and legal representative of all
county agencies, the council and all officers and employees in matters related to their official
powers and duties. The corporation counsel shall representthe county in all civil legal
proceedings and shall perform all other services incident to theoffice as may be required by law.
The corporation counsel shall, however, be prohibited from representing any elected officer in
impeachment proceedings.
(1979, Prop. 12andProp. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 1.)
Section 6-5.4.Assistant Corporation Counsel.
The assistant corporation counsel shall be appointed by the corporation counsel and may
be removed by the corporation counsel. The assistant corporation counsel shall be an attorney
licensed to practice and in good standing before the Supreme Court of the State of Hawaii.
(2000, Prop. 2, sec. 1.)
Section 6-5.5.Special Counsel.
The council may, by two-thirds vote of its entire membership, authorize the employment
of special counsel for any special matter presenting a real necessity for such employment. Any
such authorization shall specify the compensation, if any, to be paid for said services.
(2000, Prop. 2, sec. 1.)
Section 6-5.6.Term of Office.
Notwithstanding Section 13-8, the term of office of the corporation counsel, assistant
corporation counsel and deputies shall be co-terminouswith that of the mayor; provided that
where a successor has not been appointed and confirmed, the corporation counsel shall continue
in office pending such appointment and confirmation, but in no event shall the corporation
counsel continue in office beyond three months, whether acting or otherwise.
(1979, Prop. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 1.)
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CHAPTER 6
DEPARTMENT OF FINANCE
Section 6-6.1.Organization.
There shall be a department of finance consisting of the director of finance and the
necessary staff.
(2000, Prop. 2, sec. 1.)
Section 6-6.2.Appointment and Removal.
The director of finance shall be appointed by the mayor, confirmed by the council and
may be removed by the mayor.The finance director shall have had a minimum of five years of
training and experience in budgeting or related fields, at least three years of which shall have
been in a responsible supervisory capacity. A deputy finance director shall have had a minimum
of three years of training and experience in a responsible financial position.
(1979, Prop. 12; 2000, Prop. 2, sec. 1andProp. 7, sec. 1.)
Section 6-6.3.Powers, Duties and Functions.
The director of finance shall be the finance officer of the county and shall:
(a)Assist the mayor in the preparation and execution of the operating budget,
operating program and capital budget.
(b)Collect special assessments as provided by and subject to law.
(c)Negotiate loans and the issuance and sale of bonds and notes when authorized by
the council; maintain records of county indebtedness and have charge of the
payment of interest and principal thereon.
(d)Have custody of all public funds belonging to or under the control of the county,
county agency or executive agency, and deposit all such funds in banks or trust
companies designated as depositories by resolution of the council, subject to the
requirements imposed by law as to surety and payment of interest, which interest
shall accrue to the benefit of the public and shall be credited to the proper fund
and account.
(e)Examine all contracts, orders and other documents by which financial obligations
are incurred, and every such document shall be subject to approval by the director
of finance but the director of finance shall not approve unless the director of
finance first verifies the appropriation, allotment and availability of funds to meet
the obligation concerned and verifies thereto as provided in Section10-11.
(f)Prepare and issue warrants, prepare payrolls and pension rolls and disburse all
funds in the county treasury. No money shall be paid out of the treasury unless
the finance director first verifies the appropriation, allotment and availability of
funds to cover the claim concerned and certifies thereto as provided in Section
10-11 and thendetermines that such claim is regular in form, correctly computed
and constitutes a legal obligation.
(g)Maintain a general accounting system for the county and require all county
agencies and executive agencies to report and remit all receipts to the finance
director as often as thefinance director deems desirable.
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(h)Each month submit to the mayor and to thecouncil through the mayor a statement
of the revenues and expenditures for the preceding month and for the fiscal year
up to and including the preceding month. Such statement shall be sufficiently
detailed as to appropriations, allotments and funds to show the exact financial
condition of the county and of each of its agencies and executive agencies.
(i)Submit to the council through the mayor at the end of each fiscal year a report of
the financial transactions of that year and a complete statement of the financial
condition of the county at the end of the year, within ninety days after the end of
the year.
(j)Prepare and maintain a perpetual inventory of all lands, roadways, streets,
easements and other land interests owned, leased, rented or controlledby the
county.
(k)Prepare and maintain a perpetual inventory of equipment owned or controlled by
the county and materials and supplies in county storerooms, and dispose of
property not needed by any agency or executive agency of the county pursuant to
policies established by ordinance.
(l)Where not in conflict with this charter, assume and perform all the duties and
functions of the purchasing agent, the treasurer and the auditor of the county as
provided by law, and for this purpose the director of finance shall be authorized to
appoint a deputy, to assign and reassign such duties to any employee as the
director of financesees fit and to make internal administrative and organizational
changes as thefinance directorsees fit subjectto the approval of the mayor.
(m)Exercise such other powers and perform such other duties as may be prescribed
by this charter, by ordinance, by law or by the mayoror managing director.
(1979, Prop. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, secs. 1and6; 2010, Prop. 7, sec. 17.)
Section 6-6.4.Pension Board.
There shall be a pension board consisting of five members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in Section 13-4. The pension
board shall assume the duties and functions of the pension board of the county and the board of
trustees of the police officers, firefighters, and band membersas provided by law and shall be
attached to the department of finance. The county clerk and the director of finance shall ex-
officio be the secretary and treasurer, respectively, of the pension board.
(1979, Prop. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 1.)
CHAPTER 7
PLANNING DEPARTMENT
Section 6-7.1.Organization.
There shall be a planning department consisting of a planning director, a windward
planning commission, a leeward planning commissionand the necessary staff.
(1979, Prop. 7; 2000, Prop. 2, sec. 1; 2008, Ord. No. 08-01, sec. 2.)
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Section 6-7.2.Planning Director.
(a)The planning director shall be appointed by themayor, confirmed by the council and may
be removed by the mayor. The planning director shall have had a minimum of five years
oftraining and experience in a responsible planning position, or a degree in planning,
engineering, architecture, geography, oranother planning-related field and three years of
experience in a responsible planning position. No less than three years of experience
shall have been in an administrative capacity.
(b)The director shall be the chief planning officer of the county and the administrative head
of the department and shall:
(1)Advise the mayor, the windward planning commission, the leeward planning
commission and the council on all planning and land use matters.
(2)Prepare a general plan, implementation plans and any amendments thereto in
accordance with Section 3-15.
(3)Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments thereto.
(4)Review the lists of proposed capital improvements contemplated by agencies of
the county and recommend the order of their priority.
(5)Administer the subdivision and zoning ordinances and regulations adopted
thereunder.
(6)Render decisions on proposed subdivision plans pursuant to law.
(7)Make recommendations on rezoning applications, special exceptions and other
similar requests.
(8)Render decisions on proposed variances pursuant to law, except that, if any
written objections are made to the planning director’s actions under this section,
said actions shall be subject to review by the boardof appeals in accordance with
Section 6-9.2, unless otherwise provided by law or this charter.
(9)Perform such other related duties and functions as may be necessary or required
pursuant to law and this charter.
(1979, Prop. 5, Prop. 12, and Prop.13; 1998,Ord. No. 98-83, sec. 2; 2000, Prop. 2, sec. 1andProp. 7,
sec.2; 2008, Ord. No. 08-01, sec. 3; 2010, Prop. 7, sec. 18.)
Section 6-7.3.Windward Planning Commission.
(a)There is established a windward planning commission that shall have jurisdictionover
the area consisting of the judicial districts of Puna, South Hilo, North Hilo, , and
.
(b)There shall be seven members on this commission. The commission shall include one
member from each of the judicial districts of Puna, South Hilo, North Hilo/Hmkua
combined, and Kaand three “at-large” members selected from these districts. Not
more than two members, appointed from any one judicial district, shall serve on the
windward planning commission.
(c)The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4. Each member representing a district shall be a legal
resident and registered voter of that district. In addition, the director of public works and
the manager of the department of water supply, or their designated representatives, shall
serve as ex-officio members of the windward planning commission, without power to
vote.
(2008, Ord. No. 08-01, sec. 5;2010, Prop. 7, sec. 19.)
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Section 6-7.4.Leeward Planning Commission.
(a)There is established a leeward planning commission that shall have jurisdiction over the
area consisting of the judicial districts of North Kohala, South Kohala, North Kona, and
South Kona.
(b)There shall be seven members on this commission. The commissionshall include one
member from each of the judicial districts of North Kohala, South Kohala, North Kona
and South Kona and three “at-large” members selected from these districts. Not more
than two members, appointed from any one judicial district, shall serve on the leeward
planning commission.
(c)The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in Section 13-4. Each member representing a district shall be a legal
resident and registered voter of that district. In addition, the director of public works and
the manager of the department of water supply, or their designated representatives, shall
serve as ex-officio members of the leeward planning commission, without power to vote.
(2008, Ord. No. 08-01, sec. 5; 2010, Prop. 7, sec. 20.)
Section 6-7.5.Duties and Functions of the Windward and Leeward Planning
Commissions.
(a)Both commissions shall:
(1)Advise the mayor, council and the planning director on planning and land use
matters pursuant to law and this charter.
(2)Review the general plan, its amendments and other plans and modifications
thereof and transmit such plans with recommendations thereon through the mayor
to the council for consideration and action.
(3)Review proposed subdivision and zoningordinances and amendments thereto and
transmit such ordinances with recommendations thereon through the mayor to the
council for consideration and action.
(4)Conduct public hearings in every case prior to action on any matter upon which
the commission isrequired by law or this charter to act. Notice of the time and
place of the hearing shall be published at least ten days prior to such hearing in at
least two daily newspapers of general circulation in the countyand shall also be
distributed via an electronic medium, such as the Internet.
(5)Perform such other related duties and functions as may be necessary or required
pursuant to law and this charter.
(b)A uniform body of rules of practice and procedure, except for meeting places and times,
shall apply to both commissions. Uniform rules of practice and procedure shall be
adopted by a majority vote of the combined membership of the windward planning
commission and the leeward planning commission, meeting jointly. The existing rules of
practice and procedure of the Hawai‘i county planning commission, except for meeting
places, shall apply to both commissions until the new uniform rules of practice and
procedure are adopted.
20
(c)Each planning commission shall review and take action upon applications for land use
changes and community development plans involving only property within their
respective jurisdictions, other than those involving the general plan. If an application for
a land use change or a community development plan includes land within the jurisdiction
of both the windward planning commission and the leeward planning commission, the
application shall be considered by both commissions meeting jointly and action shall
require the affirmative vote of a majority of the combined membership of the two
commissions. All amendments to the general plan or the adoption of a new general plan
shall be considered by each planning commission, meeting separately, and each
commission shall make its own recommendation to the council. Each planning
commission, meeting separately, shall make its own recommendations to the council on
changes to the subdivision and zoning codes and any other planning or land use matters
which apply generally and not to a specific area. The planning director shall determine
which commission shall take jurisdiction over any matters when not fully established by
the charter.
(2008, Ord. No. 08-01, sec. 5; 2010, Prop. 7, sec. 21andProp. 19, sec. 3.)
Section 6-7.6.Transitional Provisions.
(a)The existing planning commissionshall remain in effect and continue to hear and decide
matters pursuant to Section 6-7.3, Hawai‘i County Charter (2000), until April 1, 2009, the
date upon which the windward planning commission and the leeward planning
commission becomes effective. Matters pending before the existing planning
commission that are not finally decided by April 1, 2009, will be transferred to the
windward or leeward planning commissions, as appropriate to be finalized.
(b)Members of the existing planning commission whose terms will not have expired on
April 1, 2009, shall hold over and continue to serve the remainder of their respective
terms on the windward and the leeward planning commissions, duly assigned according
to their respective residence address.
(c)If there shall exist vacancies on either the windward planning commission or the leeward
planning commission not filled by term hold over, the mayor shall appoint the remaining
members of the windward planning commission and the leeward planning commission in
accordance with Section 13-4, Hawai‘i County Charter (2000).
(2008, Ord. No. 08-01, sec. 5; 2010, Prop. 7, sec. 22.)
CHAPTER 8
DEPARTMENT OF RESEARCH AND DEVELOPMENT
Section 6-8.1.Organization.
There shall be a department of research and development consisting of a director and the
necessary staff.
(2000, Prop. 2, sec. 1.)
Section 6-8.2.Director.
The director of research and development shall be appointed by the mayor, confirmed by
the council and may be removed by the mayor.The director shall have had a minimum of five
years ofrelated experience.
(1979, Prop. 12; 2000, Prop. 2, sec. 1and Prop. 7, sec. 4; 2010, Prop. 7, sec. 23.)
21
Section 6-8.3.Powers, Duties and Functions.
The director of research and development shall:
(a)Collect and develop data necessary for managerial and legislative decision-
making, and program and policy-making.
(b)Provide staff leadership for public and private development programs, enterprises
and plans, including economic, social and cultural proposals, which enhance and
improvethe county community.
(c)Coordinate informational and regulatory knowledge of all federal and state grant-
in-aid participation programs which affect the county.
(2000, Prop. 2, sec. 1; 2010, Prop. 7, sec. 24.)
CHAPTER 9
MISCELLANEOUS
Section 6-9.1.Clerical Pool.
There may be a clerical pool consisting of such positions as the mayor may recommend
and for which appropriations have been made by the council. The purpose of such pool shall be
to provide periodic staff assistance to the various agenciesof the county when necessitated by
heavy workloads. The clerical pool shall be attached to the mayor’s office for purposes of
administration, assignment and coordination but the personnel of the clerical pool shall be
subject to the civil service laws ofthe State.
(2000, Prop. 2, sec. 1.)
Section 6-9.2.Board of Appeals.
The board of appeals shall consist of seven members who shall be appointed by the
mayor and confirmed by the council in the manner prescribed in Section 13-4.Each member
shall be a legal resident and a registered voter of the county. Board membership shall be
representative of the community, and, whenever possible, persons with background or expertise
in broad areas of planning and construction shall be given preference, although such knowledge
is not a prerequisite for membership. The board of appeals shall establish its rules of procedure
and shall:
(a)Hear and determine appeals from final decisions of the planning director or the
director of public worksregarding matters withintheir respective jurisdictions.
(b)Conduct hearings in accordance with Chapter 91, Hawai‘i Revised Statutes, and
this charter.
(c)Be part of the planning department for administrative purposes, and said
department shall provide necessary clerical and other assistance.
(1979, Prop. 7; 1990, Prop. 14, sec. 1; 1998, Ord. No. 98-83, sec. 4; 2000, Prop. 2, sec. 1, Prop. 6, sec. 1,
and Prop. 7, sec. 5; 2010, Prop. 7, sec. 25.)
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. One member shall be a
resident of each council 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.
22
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.
(2012, Ord. No. 12-110, sec.1.)
CHAPTER 10
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 6-10.1.Organization.
There shall be a department of environmental management consisting of a director, the
necessary staff, and an environmental management commission.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 26.)
Section 6-10.2.Statement of Policy.
The department of environmental management is established to protect, preserve, and
enhance our environment by promoting the wise management of our waste.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 27.)
Section 6-10.3.Director.
The director of environmental management shall be appointed by the mayor, confirmed
by the council, and may be removed by the mayor. The director shall have had a minimum of
five years ofadministrative experience in a related fieldand an engineering degree or a degree in
a related field.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 28andProp. 12, sec. 1.)
Section 6-10.4.Powers, Duties and Functions.
The department of environmental management shall manage thesolid waste, wastewater,
and recycling programs of the county, and exercise other functions as prescribed by the mayor or
prescribed by ordinance.
(2000, Prop. 4, sec. 1; 2010, Prop. 11, sec. 1.)
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. 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 exercise any other powers related to the functions of
the department that may be delegated to it by ordinance.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 29.)
23
ARTICLE VII
EXECUTIVE BRANCH-DEPARTMENTS OR
AGENCIES UNDER COMMISSIONS
CHAPTER 1
DEPARTMENT OF HUMAN RESOURCES
Section7-1.1.Organization.
There shall be a department of human resourcesconsisting of a director, a merit appeals
boardand the necessary staff.
(1979, Prop. 13; 2006, Ord. No. 06-60, sec. 2.)
Section 7-1.2.Merit Appeals Board.
(a)The merit appeals board shall consist of five members who shall be appointed by the
mayor and confirmed by the council.
(1)The new board member who will replace the board member whose term expires
on December 31, 2010 shall serve a four year term ending on December 31, 2014.
(2)Of the two new board members who will replace the board members whose terms
expire on December 31, 2012, one shall serve a three year term ending on
December 31, 2015 and the other shall serve a four year term ending on
December 31, 2016.
(3)Of the two new board memberswho will replace the board members whose terms
expire on December 31, 2013, one shall serve a four year term ending on
December 31, 2017, and the other shall serve a five year term ending on
December 31, 2018.
Thereafter, board members shall serve five year terms in the manner prescribed in
Section 13-4.
(b)Board membership shall be representative of the community, and the members shall all
be in sympathy with and believe in the principles of the merit system in public
employment.
(1979, Prop. 13; 1990, Prop. 16, sec. 2; 2006, Ord. No. 06-60, sec. 2; 2010, Prop. 7, sec. 30andProp. 14,
sec. 1.)
Section 7-1.3.Director.
The director of human resourcesshall be appointed by the merit appeals boardand may
be removed by the merit appeals board.Any motion for removal of the director of human
resources must contain a statement of reasons, and the board shall not vote to remove the director
of human resources unless the director of human resources has been given an opportunity to
respond to the statement ofreasons at a hearing before the board.
(1979, Prop. 13; 2006, Ord. No. 06-60, sec. 2; 2010, Prop. 15, sec. 1.)
24
Section 7-1.4.Powers, Duties and Functions.
The director of human resourcesshall be responsible for the human resources
management program of the county with two distinct categories of duties. The major duties shall
be in the areas of equal employment opportunities, personnel development, personnel
deployment, personnel relations and personnel welfareincluding employee safety and workers’
compensation.The secondary duties of the director shall be the administration of the civil
service system and the maintenance of the aims and mechanics prescribed by statute. The
director shall be the administrative head of the department of human resourcesand shall be
responsible for the proper conduct of all the administrative affairs of the department and for the
execution of the human resources managementprogram prescribed by this charter, ordinances,
laws and regulations. The merit appeals boardshall function according to statute. The director
shall provide technical and clerical staff services to the board.
(1979, Prop. 13;2000, Prop. 6, sec. 2;2006,Ord. No. 06-60,sec. 2.)
Section 7-1.5.Position Classification Plan; Compensation.
Except as otherwise provided by law or this charter, all positions in the service of the
county shall be classified within a position classification plan, and all persons holding such
positions shall be compensated as provided by the compensation law of the state.
Section 7-1.6.Administrative Supervision.
The department of human resourcesshall come under the general supervision and control
of the mayor.
(1979, Prop. 13; 2006, Ord. No. 06-60, sec. 2.)
CHAPTER 2
POLICE DEPARTMENT
Section 7-2.1.Organization.
There shall be a police department consisting of a police commission, a chief of police, a
deputy chief of police, and the necessary staff.
(1990, Prop. 3, sec. 1.)
Section 7-2.2.Police Commission.
(a)The police commission shall consist of nine members.One member shall be a resident of
eachcouncil district.The members shall be appointed by the mayor and confirmed by
the council in the manner prescribed in Section 13-4.
(b)Statement of policy. It is hereby declared to be the purpose of this chapterof the charter
to establish in the county a system of law enforcement which shall be based on due
regard for the constitutional rights of all persons, which shall promote the highest
possible degree of mutual respect between law enforcement officers and the people of the
county and which shall provide for the expeditious apprehension of those who violate the
law. In order that these purposes may be achieved, the police department shall be
operated in accordance with the following:
(1)Standards of recruitment shall be designed to attract into the service persons with
high degrees of education, intelligence and personal stability.
(2)Promotions shall be based upon fair standards of merit and ability which shall
include peacekeeping and law enforcement criteria.
25
(3)Grievance procedures for the people and police officers of the county shall be
based on due regard for their constitutional rights.
(c)Powers and Duties. The police commission shall:
(1)Adopt such rules as it may consider necessary for the conduct of its business and
the regulation of the matters committed to its charge and may review the rules and
regulations of the department.
(2)Review the annual budget prepared by the chief of police and may make
recommendations thereon to the mayorand managing director.
(3)Submit an annual report to the mayor, managing directorand the council.
(4)Receive, consider, and investigate charges brought by the public against the
conduct of the department or any of its members and submit a written report of its
findings to the chief of police. A summary of the charges filed and their
disposition shall be included in the annual report of the commission. There shall
be budgeted sufficient funds in the annual budget of the police department for use
by the policecommission to fulfill the intent of this section.
(5)Advise the chief of police on police-community relations.
(6)Review the department’s operations, as deemed necessary, for the purpose of
recommending improvements to the police chief and the managing director.
(7)Evaluate at least annually the performance of the police chief and submit a report
to the mayor, managing director and the council.
(8)Hire personnel necessary to carry out its functions.
(9)Except for purposes of inquiry, neither the commission nor its members shall
interfere in any way with the administrative affairs of the department.
(1979, Prop. 13; 1990, Prop. 3, sec. 1; 1994, Ord. No. 93-68, sec. 1; 2000, Prop. 2, sec. 7andProp. 8,
sec.1.)
Section 7-2.3.Chief of Police and Deputy.
The chief of police shall be appointed by the police commission and may be removed by
the police commissionat its sole discretion. Any motion for removal of the chief of police must
contain a statement of reasons, and the commission shall not vote to remove the chief of police
unless the chief of police has been given an opportunity to respond to the statement of reasons at
a hearing before the commission. The deputy shall be appointed by the chief of police with the
confirmation of the police commission and may be removed by the chief of police with the
approval of the commission, without cause being stated. The chief of police shall have had a
minimum of five years of training and experience in law enforcement work, including at least
three years ina responsible administrative capacity.
(1990, Prop. 3, sec. 1.)
Section 7-2.4.Powers, Duties, and Functions of the Chief of Police.
The chief of police shall be the administrative head of the police department and shall:
(a)Be responsible for the preservation of the public peace, prevention of crime,
detection and arrest of offenders against the law, protection of the rights of
persons and property, and enforcement and prevention of violations of all laws of
the state and ordinances of the county and all regulationsmade in accordance
therewith.
(b)Train, equip, maintain,and supervise the force of police officers and employees.
26
(c)Promulgate rules and regulations for the organization and administration of the
police force.
(d)Make periodic reports to the police commission about the activities of the police
department and about actions taken on cases investigated by the police
commission.
(e)Have such other powers, duties,and functions as may be required by the police
commission or provided by law.
(1979, Prop. 13;1990, Prop. 3, sec. 1.)
Section 7-2.5.Dismissal, Suspension, Demotion,or Grievance.
The dismissal, suspension, demotion,or grievance of any police officer or employee in
the police department shall be under procedures set forth by civil service laws and regulations.
(1990, Prop. 3, sec. 1.)
Section 7-2.6.Administrative Supervision.
The police department shall come under the general supervision and control of the mayor,
through the managing director.
(1990, Prop. 3, sec. 1; 2000, Prop. 2, sec. 8.)
CHAPTER 3
DEPARTMENT OF LIQUOR CONTROL
Section 7-3.1.Organization.
There shall be a department of liquor control consisting of a liquor commission, a liquor
control adjudication board, a director of the department and the necessary staff.
Section 7-3.2.Liquor Commission.
There shall be a liquor commission consisting of ninemembers 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.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 forlicenses forthe 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.
(1979, Prop. 13; 2000, Prop. 14, sec. 1; 2010, Prop. 7, sec. 31.)
27
Section 7-3.3.Liquor Control Adjudication Board.
There shall be a liquor control adjudication board consisting of five members who shall
be appointed by the mayor and confirmed by the council in the manner prescribed in
Section13-4.
The liquor control adjudication board shall hear and determine all complaints regarding
violations of the liquor control laws of the State, or complaints regarding violations of rules and
regulations establishedby the liquor commission and impose such fines or punishment as maybe
provided by law upon the conviction thereof.
(1979, Prop. 13.)
Section 7-3.4.Director of the Department of Liquor Control.
(a)The director of the department of liquor control shall be appointed by the liquor
commission and may be removed by the liquor commission. Any motion for removal of
the director of the department of liquor control must contain a statement of reasons, and
the commission shall not vote to remove the director of the department of liquor control
unless the director of the department of liquor control has been given an opportunity to
respond to the statement of reasons at a hearing before the commission.
(b)The director of the department of liquor control shall:
(1)Be the administrative head of the department.
(2)Provide clerical and administrative services for the liquor commission and the
liquor control adjudication board, including the submission of abudget for the
operation of the department.
(3)Investigate complaints regarding violations of the liquor control laws of the State
or complaints regarding violations of rules and regulations established by the
liquor commission and report such violations to the prosecuting attorneyof the
county.
(2010, Prop. 7,sec. 32andProp. 15, sec. 2.)
Section 7-3.5.Administrative Supervision.
The department of liquor control shall come under the general supervision and control of
the mayor, through the managing director.
(2000, Prop. 2, sec. 9.)
CHAPTER 4
HAWAI‘I FIRE DEPARTMENT
Section 7-4.1.Organization.
There shall be a Hawai‘i fire department consisting of a fire chief, a deputy fire chief, a
fire commission and the necessary staff. The fire chief shall be the administrative head of the
Hawai‘i fire department.
(2010, Prop. 10, secs. 2 and 3.)
28
Section 7-4.2.Statement of Policy.
It is hereby declared to be the purpose of this chapter to establish in the county a system
of fire protection and prevention and emergency services which shall be based on qualifiedand
professional leadership and personnel. In order to achieve this purpose, the Hawai‘i fire
department shall be operated in accordance with the following:
(a)Standards for recruitment shall be designed to attract into the department persons
with high degrees of education, intelligence and personal stability.
(b)Promotions and other personnel actions shall be based upon fair and appropriate
standards of merit, ability and work performance.
(c)Appropriate training shall be provided to the maximum extent possible and
practicable.
(2010, Prop. 10, secs. 2 and 3.)
Section 7-4.3.Fire Chief.
(a)The fire chief shall be appointed by the fire commission and may be removed by the fire
commission at its sole discretion. Any motion for removal of the fire chief must contain
a statement of reasons, and thecommission shall not vote to remove thefire chief unless
the fire chief has been given an opportunity to respond to the statement of reasonsat a
hearing before the commission.
(b)The fire chief shall have had a minimum of five years of training and experience in fire
control, including at least three years ofexperience in a responsible administrative
capacity.
(2010, Prop. 10, secs. 2 and 3,and Prop. 15, sec. 3.)
Section 7-4.4.Powers, Duties and Functions.
The fire chief shall:
(a)Perform firefighting and emergency services in order to save lives and property
from fires and from emergencies arising on land, on the sea and hazardous terrain.
(b)Train, equip, maintain and supervise a force of firefighting and emergency
services personnel.
(c)Monitor the construction and occupancy standards of buildings for the purposes
of fire prevention and life safety.
(d)Provide educational programs related to fire prevention and life safety.
(e)Appoint the deputy fire chief and the private secretaries to the fire chief and the
deputy fire chief.
(f)Have such otherpowers, duties and functions as may be required by ordinance.
(2010, Prop. 10, secs. 2 and 3.)
Section 7-4.5.Fire Commission.
There shall be a fire commission, which shall consist of nine members. One member
shall be a resident of each council 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.
(2010, Prop. 10, secs. 2 and 3.)
29
Section 7-4.6.Powers, Duties and Functions.
The fire commission shall:
(a)Adopt rules necessary for the conduct of its business and review rules for the
administration of the department.
(b)Review the annual budget prepared by the fire chief and make recommendations
thereon to the mayor, the managing director and the council.
(c)Review the department’s operations, as deemed necessary, for the purposes of
recommending improvements to the fire chief.
(d)Evaluate at least annually the performance of the fire chief and submit a report to
the mayor, the managing director and the council.
(e)Review personnel actions within the department for conformance with the
policies under Section 7-4.2of thischarter.
(f)Hear complaints of citizens concerning the department or its personnel and, if
necessary, make recommendations to the fire chief on appropriate corrective
actions.
(g)Submit an annual report to the mayor, managing director and the council on its
activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs of the
department.
(2010, Prop. 10, secs. 2 and 3.)
ARTICLE VIII
DEPARTMENT OF WATER SUPPLY
Section 8-1.Organization.
There shall be a semi-autonomous department of water supply consisting of a water
board,amanager-chief engineerand the necessary staff.
(2000, Prop. 9, sec. 1; 2010, Prop. 8, sec. 1.)
Section 8-2.Water Board.
The water boardshall 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.One member shall be a
resident of each council district.The manager-chief engineerof the department of water supply,
the planning director and the director of public worksortheir designated representativesshall
serve as ex-officio members of the water boardwithout power to vote.The water boardshall:
(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 ofthe
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.
30
(d)Have the power to acquire by eminent domain, purchase, lease or otherwise, and
to sell, lease,or otherwise convey real property in thename 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.
(2000, Prop. 9, sec. 2; 2010, Prop. 7, sec. 33and Prop. 8, sec. 1.)
Section 8-3.Manager-Chief Engineerand Deputy.
(a)The manager-chief engineerof the department of water supply shall be appointed by the
water boardand may be removed by the water board.Any motion for removal of the
manager of the department of water supply must contain a statement of reasons, and the
board shall not vote to remove the manager of the department of water supply unless the
manager of the department of water supply has been given an opportunity to respond to
the statement of reasons at a hearing beforethe board.
(b)The deputy shall be appointed by the manager-chief engineerwith the confirmation of the
water boardand may be removed by the manager-chief engineerwith the approval of the
water board.
(c)The manager-chief engineershall be a registered engineerand shall have had a minimum
offive years ofexperience in an administrative capacity.
(2000, Prop. 7, sec. 11andProp. 9, sec. 3; 2010, Prop. 7, sec. 34, Prop. 8, sec. 1,and Prop. 15, sec. 4.)
Section 8-4.Water Fund.
There shall be established a separate water fund which shall be utilized solely for water
purposes. State and Federal water grants or appropriations and revenues from operation of the
water system shall be included in the water fund.
Section 8-5.Administrative Supervision.
The department of water supply shall come under the general supervision and control of
the mayor, through the managing director.
(2000, Prop. 2, sec. 10.)
ARTICLE IX
PROSECUTING ATTORNEY
Section 9-1.Election and Term of Office.
The prosecuting attorney shall be elected for a term of four years, which term shall
commence at twelve o’clock meridian on the first Monday of December following theelection.
(1990, Prop. 14, sec. 1.)
Section 9-2.Qualifications.
The prosecuting attorney shall be an attorney licensed to practice and in good standing
before the Supreme Court of the State of Hawai‘i. The prosecuting attorney shall be a citizen of
the United States of America and shall have been a duly qualified elector of the county for at
least one year immediately preceding theelection.
(1979, Prop. 13; 1990, Prop. 14,sec. 1; 2010, Prop. 7, sec. 35.)
31
Section 9-3.Powers, Duties and Functions.
(a)The prosecuting attorney shall:
(1)Attend all courts in the county and conduct on behalf of the people all
prosecutions therein for offenses against the laws of the State and the ordinances
and regulations of the county.
(2)Prosecute offenses against the laws of the State under the authority of theattorney
general of the State.
(3)Appear in every criminal case where there is a change of venue from the courts in
the county and prosecute the same in any jurisdiction to which the same is
changed or removed. The expense of such proceeding shall be paid by the
county.
(4)Institute proceedings, or direct the chief of police to do so, before the district
judges for the arrest of persons charged with or reasonably suspected of public
offenses, when the prosecuting attorney has information that any such offenses
have been committed, and for that purpose take charge of criminal cases before
the district judges, either in person or by a deputy or by such other prosecuting
officer as the prosecuting attorneyshall designate.
(5)Draw all indictments and attend before and give advice to the grand jury
whenever cases are presented to it for its consideration. Nothing herein contained
shall prevent the conduct of proceedings by private counsel before district judges
or courts of record under the direction of the prosecuting attorney.
(6)Investigate all matters which may properly come before the prosecuting attorney.
(b)The prosecuting attorney may:
(1)Research, evaluate, and make recommendations regarding crime, crime
prevention, and the criminal justice system to the governor, the legislature, the
judiciary, the council, the mayor, the Hawai‘i police department and other
criminal justice agencies, or the general public, as the prosecuting attorney deems
appropriate.
(2)Provide crime prevention training programs for law enforcement agencies,
citizens, businesses, and civic groups.
(3)Develop public education programs through various broadcast or print media, to
provide the general public information that will assist citizens in developing the
knowledge and confidence to prevent crime and to avoid being victims of crime.
(4)Receive and expend financial grants, donations and other funds as permitted by
the provisions of the revised charter, county ordinances and applicable county,
state, and federal financial and budget policies for crime research, prevention, and
education.
(1979, Prop. 13; 1990, Prop. 14,sec. 1; 2010, Prop. 13, sec 1.)
Section 9-4.Staff.
The prosecuting attorney may appoint deputies and other necessary staff. The deputy
who is designated as first deputy shall, during the temporary absence or disability of the
prosecutingattorney, assume the power and perform the duties of the prosecuting attorney.
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Section 9-5.Vacancy in Office.
A vacancy in the office of prosecuting attorney shall be filled by the first deputy who
shall act as prosecuting attorney, or if the positionof first deputy is vacant or if the first deputy is
unable to so act, the mayor with the confirmation of the council shall fill the vacancy by
appointment of a person with the requisite qualifications within thirty days after the occurrence
of the vacancy.
The first deputy or the person appointed to fill the vacancy shall serve until a successor is
duly elected at the next State or State and County election and seated. The election shall be held
in accordance with the election laws of the State insofar as applicable.
The person elected as the successor shall serve out the unexpired term of the person
succeededcommencing at twelveo’clock meridian on the first Monday of December following
the election.
(1974, Ord. No. 59, sec. 5; 1979, Prop. 13; 1990, Prop. 14,sec.1; 2010, Prop. 7, sec. 36.)
Section 9-6.Removal of Prosecuting Attorney.
The prosecuting attorney may be removed by impeachment or recall proceedings as
provided by this charter.
(1979, Prop. 9.)
ARTICLE X
FINANCIAL PROCEDURES
Section 10-1.Fiscal Year.
The fiscal year of the county shall begin on the first day of July and end on the last day of
June of the succeeding year.
Section 10-2.Preparation and Submission of Budget and Capital Program.
(a)No later than March 1of each year, the mayor shall submit to the county council:
(1)An operating budget for the ensuing year.
(2)An operating program for the ensuing three fiscal years.
(3)A capital budget for the ensuing fiscal year.
(4)A capital program for the ensuing six fiscal years.
(5)An accompanying message.
The mayor shall submit amendments to the operating budget, operating program,
capital budget, and capital program, together with an accompanying message, to the
county council within ten working days after the close of the state legislature but not later
than May 5 of each year.
(b)On or before the date specified by the mayor, the head of each county agency and
executive agency shall furnish the mayor:
(1)Estimates for the current fiscal year and ensuing fiscal years coveringthe
revenues and expenditures of the agency or executive agency concerned.
(2)Estimates of any capital improvements pending or proposed to be undertaken
within the ensuing fiscal year and within thefive fiscal years thereafter.
(3)Such other information as the mayor may request.
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(c)The mayor shall review all the estimates furnished. The mayor may hold public hearings
thereon and may revise the estimates in such manner as the mayor deems advisable in
preparing the budgets and programs.
(d)Upon submission, the budgets, the programs and messagesshall be a public record in the
office of the clerk of the county council and shall be open to public inspection. The
mayor shall at the same time make available copies of the budgets, the programs and
messagesfor distribution to interested persons.
(1974, Ord. No. 57, sec. 1; 1990, Prop. 4, sec. 1andProp. 14, sec. 1; 2010, Prop. 7, sec. 37.)
Section 10-3.Scope of Operating Budget; Operating Program; Mayor’s Message.
(a)The operating budget shall present a complete financial plan for the current operations of
the county and its agencies and executive agencies in the ensuing fiscal year, showing all
funds and reserves. Capital expenditures to be financed from current revenues in the
ensuing fiscal year shallbe included in the operating budget as well as in the capital
budget. Appropriations for such expenditures shall be included in the operating budget.
Except as otherwise provided by law, the operating budget shall contain at least the
following:
(1)A simple, clear, general summary of the detailed contents of the operating budget.
Such summary shall itemize allnew positions being requested.
(2)The proposed expenditures, including provisionsfor any estimated cash deficit for
the fiscal year currently ending, debt service requirements for the ensuing fiscal
year, and all other expenditures for the ensuing fiscal year, capital and otherwise,
to be met from current revenues; and the proposed expenditures shall be shown by
agencies and programs.
(3)A comparative statement of the actual expenditures for the preceding fiscal year,
and the estimated expenditures for the fiscal year currently ending and the ensuing
fiscal year.
(4)The sums recommended for appropriation on the basis of the proposed
expenditures, which sums need not be itemized further than by agencies and
programs.
(5)The estimated revenues shown by estimated cash surplus, if any, for the fiscal
year currently ending, proposedtax levies and other sources.
(6)A comparative statement of the actual revenues for the preceding fiscal year, and
the estimated revenues for the fiscal year currently ending and the ensuing year.
The estimated revenues for the ensuing fiscal year shall be at least equal in
amount to the proposed expenditures.
(b)The operating program shall present a complete financial plan for the operations of the
county and its agencies and executive agencies in the ensuing three fiscal years, showing
all funds and reserves. The operating program shall be used by the council for
informational purposes and as a guide for the estimated costs of operating the county
government for the ensuing three fiscal years and shall contain at least the following:
(1)A simple, clear, general summary of the detailed contents of the operating
program.
(2)The proposed expenditures, including debt service requirements and all other
expenditures for the ensuing three fiscal years, capital and otherwise; and the
proposed expenditures, year by year, shall be shown by agencies and programs.
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(3)The estimated revenues shown by estimated cash surplus, if any, proposed tax
levies and other sources for the ensuing three fiscal years.
(4)Such other information as the council or mayor may request.
(c)The mayor’s message shall explain the operating budget and capital budget both in fiscal
terms and in terms of work to be done. It shall outline the proposed financial policies of
the county for the ensuing fiscal year, describe the important features of the operating
budget and capital budget and means of financing the budgets. It shall indicate any major
changes in financial policies and in expenditures, appropriations and revenues as
compared with the fiscal year currently ending, and shall set forth the reasons for the
changes. As tothecapital budget, the message shall include a list of pending and
proposed capital improvements together with the mayor’s comments on such list. It shall
itemize and explain each pending capital improvement and each capital improvement
proposed to be undertaken within the ensuing fiscal year, showing the estimated cost of
each improvement and the pending or proposed method of financing it. The message
shall also include such other supporting or explanatory material as the mayor deems
desirable.
The mayor’s budget message which accompanies the amendments to the
operating budget and to the capital budget shall describe the changes in proposed
expenditures and in revenue projections from the budgets which had been submitted on
or before March 1, and shall describe the interveningchanges in circumstances which
justify the changes in the proposed expenditures and projected revenues.
(1990, Prop. 4, sec. 1; 2010, Prop. 7, secs. 38 and 39.)
Section 10-4.Operating Budget and Capital Budget: Notice and Hearing.
The council shall hold a public hearing on the operating budget and capital budget at any
time after March 1, but prior to the first reading on the budget bills. At this hearing all persons
interested shall have an opportunity to be heard. At least oneweek before the hearing, the
county council shall publish in at least two daily newspapersof general circulation in the county
as well as via an electronic medium, such as the Internet, the general summaries of the operating
budget and capital budget and a notice setting forth the time and place for public hearing thereon
and for their consideration by the council.The council shall alsoallow public testimony at any
meeting at which the operating budget or capital budget, or amendments thereto, are considered.
(1990, Prop. 4, sec. 1and Prop. 10, sec. 4; 2010, Prop. 19, sec. 4.)
Section 10-5.Operating Budget: Council Action.
After the public hearing, and after the submission of the amendments to the operating
budget and to the capital budget,the county council may adopt the operating budgetas amended
with or without further amendments. First reading shall be after May 5. In amending, it may
add new items or increase items in the operating budget. It may decrease or delete items,
excepting appropriations required by law and appropriations for debt service. But in all cases the
estimated revenues for the ensuing year shall be atleast equal in amount to the proposed
expenditures.
The council shall adopt the operating budget on or before June30. If it fails to do so, the
operating budget as submittedand as amendedby the mayor shall be deemed adopted by the
council as the operating budget for the ensuing fiscal year.
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If the mayor disapproves of the bill adopting the operating budget or of any part thereof,
the mayor shall return the bill or the portions vetoed with a written statement of objections to the
clerk for further council action within ten calendar days of receipt of the bill.
The adopted operating budget shall be in effect on and after the first day of the fiscal year
to which it applies.
(1974, Ord. No. 57, sec. 3; 1990, Prop. 4, sec. 1; 2010, Prop. 7, sec. 40.)
Section 10-6.Capital Budget and Capital Program: Scope; Council Action.
(a)The capital budget shall contain at least the following:
(1)A simple, clear, general summary of the detailed contents of the capital budget.
(2)The capital improvements pending or proposed to be undertaken within the
ensuing fiscal year, together with the estimated cost of each improvement, the
estimated operating cost, and the pending or proposed method of financing it.
(3)Capital expenditures to be financed from current revenues in the ensuing fiscal
year.
(b)The capital program shall be used by the council for informational purposes and as a
guidefor the estimated costs of the proposed capital improvements of the county for the
ensuing six fiscal years and shall contain at least the following:
(1)A simple, clear, general summary of the detailed contents of the capital program.
(2)The capital improvements pending orproposed for the ensuing six fiscal years,
together with the estimated cost of each improvement and the proposed method of
financing it.
(3)Such other information as thecouncil or mayor may request.
(c)After the public hearing on the capital budget, and after the submission of the
amendments to the budget, the county council may adopt the capital budget as amended
with or without further amendment. First reading shall be after May 5. In amending, the
council shall request and consider, but need not follow, the recommendations of the
mayor as to the proposed amendment.
(d)The council shall adopt the capital budget on or before June30. If it fails to do so, the
amended capital budget submitted by the mayor shall be deemed adopted by the council
as thecapital budget for the ensuing fiscal year. The adopted capital budget shall be in
effect on and after the first day of the fiscal year.
(e)At any time during the fiscal year, the council, by ordinance adopted by the affirmative
vote of at least two-thirds of the entire membership, may amend the capital budget for
that year. In amending, the council shall request and consider, but need not follow, the
recommendations of the mayor as to the proposed amendment.
(1974, Ord. No. 57, sec. 2; 1979, Prop. 13;1990, Prop. 4, sec. 1; 2010, Prop. 7, sec. 41.)
Section 10-7.Budgets: Public Records.
Three copies of the operating budget and the capital budget as adopted shall be certified
by the mayor and the clerk of the county council. One of these copies shallbe filed in the office
of the mayor and one each in the offices of the director of finance and the director of planning.
The operating budget and capital budget shall be made available to the county agencies and to
interested persons, upon such conditionsas the council may determine.
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Section 10-8.Appropriations:Supplemental and Emergency.
When during any fiscal year there are available any funds for appropriation, the mayor
shall certify to the county council and the county council may amend or make supplemental
appropriations for the year up to the amount of available revenues. Such appropriations may be
made by ordinance effective immediately upon adoption.
To meet a public emergency affecting life, health or property, the council, may make
emergency appropriations. Such appropriations may be made by ordinance and must be
approved by all council members present or by two-thirds of the entire membership. To the
extent that there are no available unappropriated revenues to meet such appropriations, the
council may by ordinance authorize the issuance of emergency notes. These notes may be
renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid
not later than the first day of the fiscal year next succeeding that in which the emergency
appropriation was made. The total of emergency appropriations in any fiscal year shall not
exceed one-half of one percent of the total operating appropriations, excluding those for debt
service made in the operating budget for that year.
(1979, Prop. 13; 1990, Prop. 4,sec. 1; 2010, Prop. 7, sec. 42.)
Section 10-9.Appropriations: Reduction and Transfer.
If at any time during the fiscal year it appears probable to the mayor that the revenues
available will be insufficient to meet the amount appropriated, themayorshall report to the
county council without delay, indicating the estimated amount of the deficit. For that purpose
the council may by ordinance reduce one or more appropriations; but no appropriation required
for debt service may be reduced and no appropriation may be reduced by more than the amount
of the encumbered balance thereof or below any amount required by law to be appropriated.
The mayor may at any time during the fiscal year transfer part or all of any
unencumbered appropriation balance between classifications of expenditures or programs within
an agency or executive agency; and if at any time the mayor so requests in writing, the council,
by resolution effective immediately upon adoption,may transfer, part or all of any
unencumbered appropriation balance from one agency or executive agency to another. But no
transfer shall be made from appropriations for debt service or for estimated cash deficit; and no
appropriation may be reduced below any amount required by law to be appropriated.The mayor
shall notify the county council of any transfer of funds within an agency or an executive agency
no later than thirty days after authorizing such a transfer.
(1990, Prop. 4, sec. 1andProp. 14, sec. 1.)
Section 10-10.Lapse of Appropriations.
General appropriations, except an appropriation for a capital expenditure, shall lapse at
the close of the fiscal year to the extent that the same has not been expended or encumbered. An
appropriation for a capital expenditure that is not encumbered shall lapse at the end of two fiscal
years following the fiscal year that the appropriation was made.
(1979, Prop. 13.)
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Section 10-11.Payments and Obligations Prohibited: Verifications; Penalties.
No payment shall be authorized or made and no obligation incurred against the county
except in accordance with appropriations duly made. No payment shall be made against any
allotment or appropriation unless the director of finance first verifies that there is sufficient
unencumbered balance in the allotment or appropriation and that sufficient funds therefrom are
available to cover the claim concerned; nor shall any obligation be incurred against any allotment
or appropriation unless the agency head first verifies that there is sufficient unencumbered
balance in the allotment or appropriation and that sufficient funds therefrom will be available to
meet the obligation concerned when it becomes due and payable. Every obligation incurred and
every authorization of payment in violation of the provisions of this charter shall be void. Every
payment made in violation of the provisions of this charter shall be illegal; and all county
officers who knowingly authorize or make such payment or any part thereof shall be jointly and
severallyliable to the county for the full amount so paid or received. If any county officer or
employee knowingly authorizes or makes any payment or incurs any obligation in violation of
the provisions of this charter or takes part therein, that action shall be cause fortheir removal.
Nothing contained in this section or other sections of this charter shall be construed to
prevent the making or authorizing of payments or making of contracts for capital improvements
to be financed wholly or partly by the issuanceof bonds; nor shall it prevent the making, when
permitted by law, of any contract or any lease providing for the payment of funds at a time
beyond the end of the fiscal year in which the contract or lease is made. But any contract, lease
or other obligation requiring the payment of funds from the appropriations of a later fiscal year
or of more than one fiscal year shall be made or approved by resolution.
(1979, Prop. 13; 1990, Prop. 14, sec. 1.)
Section 10-12.Special Funds.
Upon recommendation of the mayor the council may by ordinance abolish or establish
such special funds as may be necessary for the proper and efficient segregation of fiscal
operations of the county.
Section 10-13.Post-audit.
The county council shall provide at least once every year for an independent audit of the
accounts and other evidences of financial transactions of the county and of every county agency
and executive agency. The audit shall be made by a certified public accountant or firm of
certified public accountants, designated by the council, who have no personal interest, direct or
indirect, in the fiscal affairs of the county or of any of its agencies or executive agencies. The
audit shall include both financial accountability and adequacy of the financial and accounting
system. If the State makes such an audit, the council may accept it as satisfying the requirements
of this section.
Either the council or the mayor may at any time order an examination or audit of the
accounts or program of any county agency or executive agency. Upon the death, resignation,
removal or expiration of the term of any county administrative officer, the director of finance
shall cause an audit and investigation of the accounts maintainedby the officer and the officer’s
agency or executiveagency to be made and shall report the results thereof to the mayor and the
council. In the case of the death, resignation or removal of the director of finance, the council
may cause an audit to be made of the accounts of all agencies and executive agencies. If,as a
result of any such audit, an officer be found indebted to the county, the mayor shall proceed
forthwith to collect the indebtedness.
(1990, Prop. 14, sec. 1.)
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Section 10-14.Centralized Purchasing.
(a)The department of finance shall be responsible for the procurement of all materials,
supplies, equipment and services required by any agency of the county, except as
otherwise provided by this charter or any law.
(b)There shall be a standardization committee composed of five members. The mayor shall
appoint four members without necessity of council confirmation, each of whom shall be
from a separate department. The fifth member shall be a representative of the department
of finance who shall serve as chairpersonof the committee. The committee shall classify
all materials, supplies and equipment commonly used by the various agencies of the
county and shall prepare and adopt standards and specifications for such material,
supplies and equipment.
(c)All purchases and contracts for materials, supplies, equipment and services shall be made
in accordance with Hawai‘i Revised Statutes and rules and regulations established by the
state procurement policy office thereto. Any such rule or regulation may be modified by
the director of finance, in accordance with Chapter 91, Hawai‘i Revised Statutes,
provided that such modifications shall be consistent with the requirements of state law.
(d)The director of finance shall, from time to time, secure from all agencies estimates of
their needs for articlesof common use and shall, when practicable, consolidate
requisitions in order to secure the benefits of quantity purchases, and may enter into
cooperative buying arrangements with other public agencies.
(e)The director of finance may by rules and regulations, not inconsistent with state law,
provide for:
(1)Emergency purchases which might be required.
(2)Petty cash funds or blanket purchase orders or both.
(3)Non-competitive purchases and contracts.
(4)Approval and signing procedures related to the issuance of purchase orders.
(5)Negotiated sales of county property found unusable for public purposes and
valued below $250.00 without public auction.
(f)All county storerooms (other than departmental) shall be supervised and operated by the
director of finance.
(g)The director of finance shall require such guarantees of performance by vendors as in the
director of finance’s opinion may be necessary or may be prescribed by ordinance.
(1979, Prop. 8; 1990, Prop. 14, sec. 1and Prop. 16, sec. 3; 1994, Ord. No. 94-50, sec. 2; 2010, Prop. 7,
sec. 43.)
Section 10-15.Public Access, Open Space, and Natural Resources Preservation Fund.
(a)In adopting each fiscal year’s operating budget, the council shall appropriate a minimum
of two percent of the certified real property tax revenues, including penalty and interest,
to a fund known as the public access, open space, and natural resources preservation
fund. Deposits to the fund shall occur at a minimum, on a quarterly basis.
(b)Funding shall consist of a minimum of two percent of actual revenue received in the
fiscal year. Additional revenue may consist of grants and private contributions intended
for the purpose of this section, voluntary contributions of any amount as specified on the
real property tax bill, proceeds from the sale of general obligation bonds authorized and
issued for the purpose of this section, council appropriations for the purpose of this
section, and any other source of revenue.
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(c)Monies in this fund shall be used solely to:
(1)Purchase or otherwise acquire lands and easements in the County of Hawai‘i for
public outdoor recreation and education, including:
(A)Access to beaches and mountains;
(B)Preservation of historic or culturally important land areas and sites;
(C)Protection of natural resources, significant habitat or eco-systems,
including buffer zones;
(D)Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E)Protection of watershed lands to preserve water quality and water supply.
(2)Pay the principal, interest and premium, if any, due with respect to bonds issued
in whole for the purpose of this fund.
(d)Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall
remain in the fund accumulating interest from year to year. The moneys in this fund shall
not be used for any purpose except those listed in this section.
(e)The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
(f)This fund shall be used for acquisition of land and easements andshall not be used for
development, maintenance or for any purpose other than as provided in this section.
(g)The highest and best use of this fund is to leverage the money in the fund by attracting
matching funds, although, matching funds are not required inevery purchase.
(h)Any land acquired with this fund shall contain the following restrictive covenant in its
recorded deed of conveyance: “This land was acquired with moneys from the Public
Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawai‘i County and may not be
sold, mortgaged, traded or transferred in any way.”
(i)Any easement acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: “This easement was acquired with moneys from the
Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in
perpetuity for the use and enjoyment of the people of Hawai‘i County and may not be
sold, mortgaged, traded or transferred in any way.”
(2010, Prop. 1, sec. 1; 2012, Ord. No. 11-94, sec. 1.)
Section 10-16.Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund.
(a)The purpose of the public access, open space, and natural resources preservation
maintenance fund is to accrue and use moneys for maintenance of lands and easements
acquired by the public access, open space, and natural resources preservation fund. The
maintenance fund will ensure that money is dedicated to preserve the land, promote
public safety, and maintain a healthy stewardship.
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(b)Definitions. For the purpose of this section, the following definitions apply:
“Maintenance” means to preserve and conserve lands and easements acquired by
the public access, open space,and natural resources preservation fundand keep them in
good repair for public safety.
“Maintenance fund” means a separate fund that holds moneys directed from: 1)
the general fund and property tax revenues; or 2) designated grants, private contributions,
proceeds from the sale of general obligation bonds, council appropriations, and any other
source of revenue.
(c)There is established a public access, open space, and natural resources preservation
maintenance fund (hereinafter “maintenance fund”). Themaintenance fund shall be
administered and managed by the department of parks and recreation.The financial
aspects of the maintenance fund shall be handled by the department of finance.
(d) Deposits due to the maintenance fund.
(1)In adopting each fiscal year’s operating budget, the council shallappropriate one-
quarter of one per cent of all real property tax revenue (including interest and
penalties) to the maintenance fund. Deposits to the maintenance fund shall occur
on a quarterly basis at a minimum.
(2)Additional revenue deposited in the maintenance fund may consist of grants and
private contributions intended for the purpose of this section, proceeds from the
sale of general obligation bonds authorized and issued for the purpose of this
section, council appropriations for the purpose of this section, and any other
source of revenue.
(e) Accounting for the maintenance fund; interest bearing accounts; reporting by the
department of finance.
(1)All moneys in the maintenance fund shall be deposited in interest bearing
accounts until needed. Any interest shall accrue to the maintenance fund.
(2)Moneys in the maintenance fund shall be identified separately for:
(A)Funding received from the real property tax revenue including interest and
penalties; and
(B)Funding received from grants and private contributions, and any other
source of revenue, and its interest earned, which:
i.Shall be itemized and earmarked for specific projects for the lands
or easements.
ii.Shall not be subjected to the maximum accrual of funds limit
provided in subsection (f).
(3)Financial statements shall be posted each month on the public access, open space,
and natural resources preservation fund web site.
(f)Maximum accrual limit in maintenance fund; exemption to funding.
(1)Only moneys derived from real property tax revenue, its interest, and its penalties
shall be included in the computation of the maximum accrual limit for the
maintenance fund. All other moneys specifically directed to the maintenance
fundshall be held separately from those moneys in the maintenance fund that
originated from real property tax revenues (including interest and penalties), and
shall not be subjected to the maximum accrual limit.
(2)The maximum accrual limit shall not exceed $3,000,000.
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(3)At the end of any fiscal year in which the maintenance fund holds unencumbered
funds derived from real property tax revenue (including interest and penalties) of
at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall
be permanently transferred to the general fund balance.
(4) Exemption to funding. If the maintenance fund holds $3,000,000 in
unencumbered funds derived from real property tax revenue (including interest
and penalties), then the council and the executive branch do not need to add more
money to the maintenance fund until the next budget cycle. This exemption shall
not release the administration from its mandatory duty to maintain and preserve
lands and easements acquired by the public access, open space, and natural
resources preservation fundin good repair for public safety each fiscal year.
(g) The maintenance fund shall be used solely for public safety maintenance and preservation
of those lands and easements acquired by the public access, open space, and natural
resources preservation fund, and may be used only for expenditures directly related to its
purpose. Expenditures by the administration or stewardship grants presumed to be
directly related are as follows:
(1)Reparation (fixing, mending, repair work, and servicing);
(2)Preservation (damage control, salvaging, safekeeping, and safeguarding);
(3)Conservation of soil, forests, shorelines, native wildlife, streams, wetlands,
watershed, and floodways;
(4)Restoration (replacement, reclamation, reconditioning, and remediation);
(5)Wildfireand fire prevention;
(6)Repair of existing buildings to meet the current code requirements, if the building
is deemed reasonable to save;
(7)Replacing signs to meet the current code requirements;
(8)Installation, repair, or replacement fencing and gateor access mechanisms;
(9)Installation or repair of cattle guards;
(10)Mitigation of flooding problems including repair or restoration of existing
culverts, drainage features, or other similar flood control mitigation;
(11)Archeological survey and buffering of Native Hawaiian historical or cultural sites
after appropriate consultation with Native Hawaiian descendants and cultural
practitioners;
(12)Biological studies for the protection of Native Hawaiian species of plants and
animals; or
(13)Mitigation of Americans with Disabilities Act compliance issues that may arise
during the course of public safety maintenance and preservation.
Moneys in the maintenance fund shall not be used for planning, design, development, or
construction of new buildings, facilities, or infrastructure including roads, paths, bridges,
culverts, ramps, or drainage features. Money in the maintenance fund shall also not be used for
mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities,
or infrastructure. Payment to resolve these aforementioned issues shall be from the capital
improvement projects budget or allotments derived from the general fund.
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(h) Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects,
which uses are reflected in subsection (g).
(1)An award of a stewardship grant shall be by council resolution.Stewardship
grants may be awarded only until moneys in the maintenance fund are
extinguished. Grants shall be awarded on the basis of ability of the stewardship
organization to complete the project on time and within cost estimates.
(2)Only 501(c)3 nonprofits or an organization that operates under the umbrella of a
501(c)3 nonprofit, and that can complete a project for the good of the community,
shallbe considered for a stewardship grant.
(3)Public notice by the department of finance of the availability of the stewardship
grants shall be placed in two newspapers of general circulation, as well as
electronic media accessible by internet, by August 1 of each fiscal year provided
money is available.These advertisements shall be paid for from the maintenance
fund.
(4)To apply for a stewardship grant, a stewardship organization shall provide to the
department of parks and recreation the following:
(A)An applicationform obtained from department of parks and recreation
which is completed for each specific purpose or project;
(B)A detailed business plan for the project that includes the name of the
501(c)3 nonprofit organization, the organization that operates under the
umbrella of a 501(c)3 nonprofit organization, if any, a copy of its letter of
determination from the Internal Revenue Service, a copy of its bylaws and
mission statement, a description of the specific project, time frames for
project goals, costs, and activities to accomplish the stated purpose, and
any other information requested by the department of parks and recreation;
and
(C)A signed agreement to file a written report one year or less after receipt of
funds that includes details as to what has been accomplished on the
project, costs, and how the money was spent.
(5) No officer, board member, or employee of the 501(c)3 nonprofit organization or
the organization that operates under the umbrella of a 501(c)3 nonprofit
organization shall receive a salary or payment for labor or receive any
reimbursement for the stewardship work on theproject. The 501(c)3 nonprofit
shall sign an agreement so stating these conditions and submit it with the
application.
(6) Mismanagement of moneys awarded for a stewardship grant shall bar the 501(c)3
nonprofit organization and the organization that operates under the umbrella of a
501(c)3 nonprofit organization from receiving future grants from the maintenance
fund.
(7) The director of the department of parks and recreation shall provide a short
written evaluation of the proposed project to the council and include a
recommendation about the applicant’s ability to complete the project according to
the project plan.
(2012, Ord. No. 12-16, sec. 1.)
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ARTICLE XI
INITIATIVE AND REFERENDUM
Section 11-1.Powers of Initiative and Referendum.
(a)The power of voters to propose ordinances or to amend existing ordinances shall be the
initiative power.
(b)The power of voters to approve or reject ordinances by election shall be the referendum
power.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-2.Definitions.
As used in this article, unless the context otherwise requires:
“Ballot Question” means an interrogative statement that plainly phrases the chief purpose
of the initiative or referendum so that an affirmative response corresponds to a “yes”vote.
“Ballot summary” means a concise, impartial explanation of the measure and its major
effects.
“Ballot title” means a brief phrase identifying the subject of the initiative or referendum.
“Circulators” means adults who circulate copies of the petition among registered voters
for signature.
“Clerk” means the clerk of the Hawai‘i County Council.
“Committee” means the petitioners’ committee formed pursuant to section 11-3.
“Petition form”means a petition without voter signatures and other voter identifying
information.
“Petition or signed petition” means the petition form containing the voters’signatures and
other voter identifying information, the ballot title, ballot question, and ballot summary.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-3.Petitioners’ Committee.
For each initiative or referendum petition there shall be a petitioners’committee
representing all the petitioners, which committee shall be composed of five members who shall
be qualified voters of the county and signers of the petition. The committee shall be responsible
for circulation of the petition and for assembling and filing the petition in proper form. There
shall be a committee chair who will be responsible for sending and receiving all communications
between the clerk and the committee. The committee shall have the power to amend or withdraw
the petition as provided in this charter.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-4.Initiative and Referendum Process
(a)The clerk shall provide the committee with a sample petition form upon request.
(b)Prior to circulating an initiative or referendum petition, the committee shall give notice to
the clerk of the following:
(1)The names and residence addresses of the committee members as they appear on
the general county register, the committee’s designated representative, and the
address to which all notices shall be sent;
(2)For an initiative, a completed petition form identifying the ordinance to be
modified or introduced, along with the proposed language for the petition;
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(3)For a referendum, a completed petition form identifying the ordinance or part of
an ordinance to be repealed; and
(4)A proposed ballot title, ballot question, and an objective ballot summary.
(c)For purposes of this article, notice shall be in writing and sent via United States mail,
return receipt requested or delivered in person, provided both the sender and receiver sign
and date a receipt. The date of receipt will be the date the recipient’s signature was
affixed or ten days after the postmarked date, whichever occurs first.
(d)Within ten working days of receipt of the notice in subsection (b), the clerk shall give
notice to the committee that the proposed petition form, ballot title, ballot question, and
ballot summary are acceptable or shall propose alternative language.
(e)If the proposed language is acceptable, the clerk shall give the committee notice of
acceptance and the language shall be final.
(f)If the clerk proposes alternative language, the clerk shall give the committee notice of the
proposed language within ten working days of receipt of the alternative language. If the
committee objects to the alternate language, the committee shall send a notice to the clerk
of its objections and submit a revised petition form, ballot title, ballot question and ballot
summary to the clerk within ten working days of receipt of the alternative language. The
clerk shall accept the proposed revision as the final language.
(g)If the language of the proposed ordinance is found to be within the power of initiative or
referendum of the county, within five working days of finalization of the petition form,
ballot title, ballot question and ballot summary, the clerk shall:
(1)Submit them to the council for informational purposes utilizing the council’s rules
and procedures; and
(2)Give notice to the committee of:
(A)The final petition form, ballot title, ballot question, and ballot summary;
(B)The deadline date set by the State of Hawai‘i office of electionsfor the
submission of the ballot title, ballot question, and ballot summary;
(C)The number of signatures required for a certificate of sufficiency; and
(D)A timeline that gives dates at which submissions and specific actions shall
occur.
(h)Within thirty working days after the filing of an initiative or referendum petition, the
clerk shall complete a certificate as to the sufficiency of the petition. During this thirty
day period, the committee may continue to gather signatures.
(i)As soon as a certificate is completed, the clerk shall notify the committee of the contents
of the certificate. If a petition is certified sufficient, the clerk shall present the certificate
to the county council at the first council meeting where it can be legally placed on the
agenda.
(j)If the clerk certifies a petition insufficient, the certificate shall show the particulars
wherein the petition is defective. If a majority of the committee chooses to continue to
collect signatures, then the committee shall within twenty working days after receipt of
the clerk’s certificate of insufficiency, file a supplemental petition. The supplemental
petition shall be governed by the same requirements as the original petition.
(k)Within fifteen working days from the filing of a supplemental petition, the clerk shall
complete a second certificate as to the sufficiency of the supplemental petition.
Thereafter, the procedural requirements for the supplemental petition shall be the same as
that for the original petition.
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(l)If a majority of the committee does not choose to amend a petition or collect additional
signatures, the clerk shall present the certificate to the county council at the first council
meeting where it can be legally placed on the agenda. A petition is approved for
consideration through council action upon the clerk’s certificate of sufficiency.
(m)The clerk shall present the certificate to the council at the earliest meeting at which the
certificate can be legally placed on the agenda. The council shall review the latest clerk’s
certificate, upon the committee’s request, and shall approve or reject the certificate or
may substitute its own determination of sufficiency of the petition by resolution. The
review actions of the council shall be finalbut shall not preclude the filing of a new
petition for the same purposes.
(n)The council shall proceed immediately to consider an initiative or referendum petition
which has been determined sufficient in accordance with the provisions of this article. If
an initiative petition is concerned, the ordinance it proposes shall at once be introduced
subject to the procedures required for ordinances under this charter; however, not more
than sixty days shall elapse between the time of first reading of the initiative proposal as a
bill and completion of consideration to adopt, amend, or reject the same. If a referendum
petition is concerned, the ordinance to which that petition is directed shall be
reconsidered by the council; and not later than thirty days after the date on which the
petition was determined sufficient, the council shall by resolution repeal or sustain the
ordinance.
(o)If the council fails to adopt an initiative proposal or adopts a proposal with an amendment
unfavorable to a majority of the committee, or if the council fails to repeal an ordinance
reconsidered pursuant to a referendum petition, the clerk shall submit the final language
approved by the petitioner’s committee with its appropriate ballot title and ballot
language to the voters ofthe county at the next general election. The ballot for such
measures shall contain the final ballot summary and shall have below the ballot title
designated spaces in which to mark the ballot FOR or AGAINST the measure.
(p)The clerk shall publish the ballot title, ballot question, ballot summary and arguments for
and against the measure in the Sunday paper of two Hawai‘i island daily papers with the
largest circulation, for the three Sundays preceding the election. The ballot title, ballot
question, ballot summary and arguments for and against the measure shall also be
distributed via an electronic medium, such as the Internet at least three weeks prior to the
election. The committee shall be given the opportunity to write the argument in favor of
the measure. If a group of five qualified voters of the countygive notice to the clerk that
they wish to write the arguments against the measure, the clerk shall publish their
arguments. Both sets of arguments shall be published in the same papers, on the same
page, on the same days, utilizing the same size print. The names and addresses of the
committee and the opposing group as they appear on the general county register for the
County of Hawai‘i shall appear in the publication.
(2008, Ord. No. 08-80, sec. 2; 2010, Prop. 7, secs. 44, 45, 46, 47,and 48and Prop. 19, sec. 5.)
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Section 11-5.Initiative and Referendum Petitions: Forms and Sufficiency.
(a)Initiative and referendum petitions shall be governed by the rules regarding form and
sufficiency set forthin this section, as well as by such other rules as the county council
may impose by ordinance, consistent with the provisions and with the spirit and purpose
of the charter.
(b)For acceptance of petitions, the clerk shall require that:
(1)The petitionsindicate the five members of the committee for that petition by
name and residence address as they appear on the general county register for the
County of Hawai‘i.
(2)The petitions indicate the designated representative for the committee and the
address to which all notices for the committee are to be sent.
(3)The petitions be filed on papers of uniform size and style and assembled as one
instrument.
(4)Each elector signing such petitions shall print their name, which shall be
reasonably similar to their name as it appears on the general county register for
the County of Hawai‘i, and add their signature, month and day of their birth date,
and the last four digits of their social security number on said petition.
(5)The petition contain a prominent notice stating whether one or more petition
circulators are to be paid. Paid means monetary payment or payment of goods or
services. Pay for petition circulators shall not be based on the number of
signatures collected.
(6)The petition contain the ballot title and the ballot question.
(7)Each page of the completed petition form shall be numbered consecutively.
(c)For purposes of certification, any petition shall be found insufficient that:
(1)Is signed by registered voters of the county equal in number to less than fifteen
percent of the number of persons who voted for the office of Mayor in the last
Mayoral election.
(2)Proposes, or requests appeal of, an ordinance not subject to the powers of
initiative or referendum.
(d)Signatures are invalid and petitions insufficient:
(1)If signers are not given an opportunity to read the full text of the proposed
ordinance under an initiative petition, or the designation and description of the
ordinance in question under a referendum petition, and if the full text of a
proposed ordinance or ordinance under question is not contained in or attached to
each signature paper or set of signature papers of an initiative or referendum
petition, respectively, throughout circulation.
(2)If written statements,executed by the circulators for each set of signature papers,
are not attached to the papers at the time of filing of a petition with the clerk.
Each written statement shall attest that: a particular individual personally
circulated an identifiable set of signed petitions; each signed petition bears a
stated number of signatures; each signature on a petition was affixed in the
petition circulator’s presence; each signature is the genuine signature of the
person whose name it purports to be; and the full text of the proposed measure
was made available to petition signers.
(e)Individuals may withdraw their signatures by submitting a written request to the clerk
within fifteen days after the filing of an initiative or referendum petition.
(2008, Ord. No. 08-80, sec. 2; 2010, Prop. 7, sec. 49.)
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Section 11-6.Withdrawal of Petition.
A petitioners’ committee may withdraw a petition at any time, but not later than the
thirtieth day immediately preceding the day scheduled for a vote in the county on a measure
concerned. A petitioners’ committee shall be requested to withdraw its petition and the
committee must comply, if the aims of the petition are resolved by intermediate council action to
the satisfaction of the committee such that the initiative proposal is adopted as an ordinance, or
that the ordinance reconsidered by the referendum petition is repealed. A written request for
petition withdrawal must be signed by four of the five members of the petitioners’ committee
and filed with the council clerk. The filing of a withdrawal immediately cancels the petition and
ceases all further action for the accommodation of the petition by the county.
(2008, Ord. No. 08-80, sec. 2.)
Section 11-7.Results of Election.
(a)A “no” vote shall be a negative response. A non-vote, where there is no response, shall
not be counted affirmatively or negatively.
(b)If a majority of the voters voting upon a proposed initiative ordinance shall vote in favor
of it, the ordinance involved shall thereupon be an ordinance of the county once the
election is certified or be effective as of the date stated in the initiative measure. A
proposed initiative ordinance which is not approved by a majority of the voters voting on
it shall thereupon fail.
(c)If a majority of the voters voting upon a proposed referendum ordinance shall vote in
favor of it, the ordinance involved shall thereupon be repealed once the election is
certified or be repealed as of the date stated in the referendum measure. A proposed
referendum ordinance which is not approved by a majority of the voters voting on it shall
thereupon fail.
(d)Ordinances passed using Article XI, Initiative and Referendum, shall not be repealed or
amended for at least three years from the date of election approval, except by a two-thirds
vote of the county council.
(2008, Ord. No. 08-80, sec. 2; 2010, Prop. 7, sec. 50.)
ARTICLE XII
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 12-1.1.Recall Procedure.
In addition to impeachment procedures, any elective officer may be removed from office
by the voters of the county. The procedure to effect such removal shall be in accordance with
this article.
A petition demanding that the question of removing such official be submitted to the
voters shall be addressed to the council and filed with the county clerk.
(a)A petition demanding recall of an official elected at-large, or by voters of the
entire county, as the case may be, shall be signed by qualified voters equal to or
greater than twenty-five percent of the total valid votes cast for the office subject
to the recall petition in the last election.
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(b)A petition demanding recall of a district councilmembershall be signed by
qualified voters equal to or greater thantwenty-five percent of the total valid
votes cast for the district office subject to the recall petition in the lastelection.
(c)The term “qualified voter” means a person who is registered to vote in the county
on the day that the clerk begins the examination to determine the sufficiency of
the signatures on the petition.
(1979, Prop. 9; 1990, Prop. 12, sec. 1and Prop. 14, sec. 1; 2010, Prop. 2, sec. 1.)
Section 12-1.2.Petitions.
Petition papers shall be procured only from the county clerk, who shall keep a sufficient
number of such blank petition papers on file for distributionas herein provided. Prior to the
issuance of such petition papers, an affidavit shall be made by one or more voters and filed with
the clerk, stating the name and office of the officer sought to be removed.
(1979, Prop. 9.)
Section 12-1.3.Signatures.
Signersof a recall petition shall print theirname, which shall be reasonably similar to
their name as it appears on the general county register for the County of Hawai‘i, and add their
signature, residence address, month and day of their birth date, and the last four digits of their
social security number on said petition. To each such petition paper there shall be attached an
affidavit of the circulator thereof, stating the number of signers to such part of the petition and
that each signature appended to the paper was made in the circulator’spresence and is believed
to be the genuine signature of the person whose name it purports to be, and that each signer
understood the nature of the recall petition.
(1979, Prop. 9; 1990, Prop. 12, sec. 1andProp. 14, sec. 1; 2006, Ord. No. 06-96, sec. 4; 2010, Prop. 2,
sec. 2andProp. 7, sec. 51.)
Section 12-1.4.Filing and Certification.
All papers comprising a recall petition shall be assembled and filed with the county clerk
as one instrument within one hundredtwenty days in the case of recall of an elected official at-
large and ninety days in the case of recall of a council memberafter the filing with the clerk of
the affidavit stating the name and office of the officer sought to be removed. Within thirty
working days from the filing of such petition, the clerk shall determine if the petition contains
sufficient signaturesand preparea certificate showing the result of theexamination. If the clerk
shall certify that the petition is insufficient, the clerk shall set forth in the certificate the
particulars in which the petition is defective and shall return a copy of the certificate to the
person designated in such petition to receive it.
(1979, Prop. 9; 1990, Prop. 12, sec. 1andProp. 14, sec. 1; 2010, Prop. 2, sec. 3and Prop. 7, sec. 52.)
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Section 12-1.5.Supplemental Petitions.
In the event the initial petition contained insufficient signatures, such recall petition may
be supported by supplemental signatures of voters signed in the manner required in Section
12-1.3 of this article appended to petitions issued, signed, and filed as required for the original
petition at any time within ten days after the date of the certificate of insufficiency by the clerk.
The clerk shall, within tenworking days after such supplemental petitions arefiled, make
a like examination of them, and if thecertificate shall show the same to be still insufficient, the
clerkshall return it in the manner described in Section 12-1.4 of this article to the person
designatedinsuch petition to receive the same, and no new petition for the recall of the officer
sought to be removed shall be filed within one year thereafter.
(1979, Prop. 9; 1990, Prop. 12, sec. 1andProp. 14, sec. 1; 2010, Prop. 2, sec. 4and Prop. 7, sec. 53.)
Section 12-1.6.Recall Election.
(a)If a recall petition or supplemental petition shall be certified by the clerk to be sufficient,
the clerk shall at once submit the same with the certificate to the council and shall notify
the officer sought to be recalledof such action.
(b)If the official whose removal is sought does not resign within tendays after such notice,
the council shall thereupon order and fix a day for holding a recall election. Any such
election shall be held not less than sixtynor more than ninety days after the petition has
been presented to the council, or at the same time as any other special election held
within such period, the council shall call a special recall election to be held within the
time aforesaid.
(1)For recall elections of officials elected by voters of the entire county,if the total
of votes cast is less than fifty percent of the valid votes cast in the last electionfor
the office subject to the recall petition, the officer sought to be recalled shall not
be deemed recalled.
(2)For recall elections of district council members, if the total of votes cast is less
than fifty percent of the valid votes cast for the district office subject to the recall
petition in the last election, the officer sought to be recalled shall not be deemed
recalled.
(1979, Prop. 9; 1990, Prop. 14, sec. 1; 2010, Prop. 2, sec. 5and Prop. 7, sec. 54.)
Section 12-1.7.Ballots.
The ballots at such recall election shall, with respect to each person whose removal is
sought, submit the question: “Shall (name of person) be removed from the office of (name of
office) by recall?” If a majority of the electors qualified to vote on the question at a recall
election vote “Yes”, the elected officer shall be deemed recalled and removed from office,
subject to the provisions of Section 12-1.6 of this article.
(1979, Prop. 9.)
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Section 12-1.8.Succeeding Officer.
The incumbent, if not recalled in such election, shall continue in office for the remainder
of the unexpired term subject to the recall as before, except as provided in this charter. If
recalled in the recall election,theincumbentshall be deemed removed from office upon the
announcement of the official canvass of that election, and the office shall be filled as provided by
this charter for the filling of vacancies of elected officials. The successor of any persons so
removed shall hold office during the unexpired term of the personremoved.
(1979, Prop. 9; 1990, Prop. 14, sec. 1.)
Section 12-1.9.Immunity to Recall.
The question of the removal of any officer shall not be submitted to the voters until such
person has served six months of the term during which the officer is sought to be recalled, nor, in
the case of an officer retained in a recall election, until one year after that election.
(1979, Prop. 9; 1990, Prop. 14, sec. 1;2010, Prop. 7, sec. 55.)
CHAPTER 2
IMPEACHMENT
Section 12-2.1.Impeachment of Elected Officers.
Any elected officer or officer appointed to a vacancy in any elected office may be
impeached for malfeasance, misfeasance, nonfeasance, or maladministration in office. The
circuit court shall be a court of impeachment for the trial of any such officer who may be charged
on any of the foregoing grounds. The charges shall be set forth in detail in writing in a verified
petition for impeachment signed by not less than two percent of registered voters in the county in
the last general election for impeachment of the mayor or prosecuting attorney, or by not less
than two percent of registered voters in the respective council district in the last general election
for impeachment of a council member. Any person who signs a verified petition for
impeachment of the mayor or prosecuting attorney shall be a registered voter in the county,and
any person who signs a verified petition for impeachment of a council member shall be a
registered voter in the respective council district.
The court shall sit without a jury and shall proceed according to the form required for the
trial of all civil cases.
If the court sustains the charge, the officer shall be deemed removed from office and the
office declared vacant under this charter.
(1979, Prop. 9; 2006, Ord. No. 06-84, sec. 2.)
ARTICLE XIII
GENERAL PROVISIONS
Section 13-1.Definitions.
As used in this charter:
(a)“Agency” means any office, department, board, commission or other
governmental unit of the county.
(b)“Executive Agency” means any agency or department of the executive branch of
the county government.
51
(c)“Employee” means any person, except an officer, employed by the county or any
agency thereof but the term shall not include an independent contractor.
(d)“Officer” includes the following:
(1)Mayor and members of the council.
(2)Any person elected or appointed as administrative head of any agency of
the county or appointed as a member of any board or commission
providedfor in this charter.
(3)Any person appointed by a board or commission as the administrative
head of any agency of the county.
(4)Deputy, assistant or division chief appointed by the administrative head of
any agency of the county.
(5)Assistant or deputies of the corporation counsel and prosecutingattorney.
(e)“State” means the State of Hawai‘i.
(f)“Vacancy” shall have the following meaning:Any elective office shall become
vacant on the happening of any one of the following events before expiration of
the term:
(1)Death.
(2)Resignation.
(3)Upon the determination by the county clerk that the officer was not a duly
qualified elector of the county, and, if required, not a duly qualified elector
of the district ofwhich theofficerwas elected immediately preceding the
election or appointment.
(4)Ceasing to be a resident voter of the county as determined by the county
clerk and in the case of an officer elected to a seat requiring residency in a
district, ceasing to be a resident voter of that district as determined by the
county clerk.
(5)Absence from the county, unless on county authorized business, for a
period of three consecutive months, without good cause.
(6)Removal by recall as provided by this charter.
(7)Removal by impeachment proceedings for malfeasance, misfeasance,
nonfeasance, or maladministration in office as provided by this charter.
(8)Upon the determination by three impartial, licensed physicians selected by
the council that the officer is mentally or physically infirm or disabled and
will be unable to discharge the officer’sduties for the remainder of the
term. Such action shall be initiated by a majority vote of the entire
council.
(9)Upon filing nomination papers for another elective officeif the term of the
office sought begins before the end of the term of the office held.
(10)Upon the conviction of any felony in any jurisdiction.
If any of the above events occurs after the election, but prior to the
commencement of the term, the office is vacant at the time the term commences.
(1979, Prop. 10; 1990, Prop. 14, sec. 1; 1996, Ord. No. 96-86, sec. 2;2010, Prop. 7, sec. 56.)
Section 13-2.Titles, Subtitles, Personal Pronouns; Constructions.
Titles and subtitles shall not be used for purposes of construing this charter. When any
personal pronoun appears in this charter, it shall be construed to mean either sex.
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Section 13-3.Appointments.
No appointing authority shall appoint any person to any office or position which is
exempt from thecivil service laws until satisfied by proper investigation that the person to be
appointed is fully qualified by experience and ability to perform the duties of thatoffice or
position.
(1990, Prop. 6, sec. 1andProp. 14, sec. 1; 2000, Prop. 2, sec. 11,Prop. 3, sec. 2,and Prop. 7, sec. 12.)
Section 13-4.Boards and Commissions.
Except as otherwise provided in this charter, all boards and commissions specifically
established by this charter shall be governed by the following provisions:
(a)The membersshall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members, one
shall be appointed for a term of one year, one for a term of two years, one for a
term of three years, one for a term of four years, and one for a term of five years.
Upon the initial appointment of the members of a commission consisting of seven
members, one shall be appointed for a term of 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
term of five years. Upon the initial appointment of a commission consisting of
nine members, one shall be appointed to a term of one year, two for a term of two
years, two for a term of three years, two for a term of four years, and two for a
term of five years.
(b)The members shall be appointed by the mayor, and confirmed by the council, and
may be removed upon recommendation by the mayor and the approval of the
council.
(c)No member shall be eligible for a second appointment to the same board or
commission prior to the expiration of two years, however, members of any board
or commission appointed for a term of twoyears or less shall be eligible to
succeed themselves for an additional full term.
(d)No member whose term has expired shall continue to serve on such board or
commission, except that if no successor has been appointed and confirmed, the
member shall continue to serve for ninety daysor until a successor is appointed
and confirmed, whichever comes first.
(e)Any vacancy occurring in any board or commission shall befilled for the
unexpired term.
(f)Not more than a bare majority of the members shall belong to the same political
party.
(g)Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be
paid in advance as per diem allowance which shall be established by ordinance.
Members of boards and commissions who do not receive compensation from their
employers during the time they are serving on boards and commissions maybe
reimbursed by the county for actual work hours lost at the straight time rate of pay
of such members in their regular employment but in no case shall such
reimbursement exceed twotimes the state minimum wage hour rate.
(h)A chairperson shall be electedfrom its membership annually.
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(i)The affirmative vote of a majority of the entire membership to which a board or
commission is entitled shall be necessary to make any action valid; except that in
the case of aboard or commission which has only advisory functions, the
affirmative vote of a majority of those present shall be sufficient to make any
action valid.
(j)Each board and commission shall have the power to establish its rules of
procedure necessary for the conduct of its business, which rules shall contain the
time and place of all regular meetings, and which shall specify that a quorum shall
be a majority of the members to which the board or commission is entitled.
(k)Notwithstanding any other provision in this charter, no person shall, by reason of
occupation alone, be barred from serving as a member of any board or
commission.
(l)The council shall act to confirm or reject any appointment made to a board or
commission by the mayor within forty-five days after receiving notice of the
appointment from the mayor. If the council does not confirm or reject any such
appointment within forty-five days, the appointee shall be deemed to have been
confirmed.
(m)The redrawing of council district boundaries during a commission member’s term
shall not affect a member’s eligibility to represent the district to which the
member was appointed.
(1979, Prop. 11andProp. 13; 1990, Prop. 8, sec. 1,Prop. 9, sec. 1,Prop.13, secs. 1 and 2, and Prop. 14,
sec.1; 2000, Prop. 5, sec. 1and Prop. 16, sec. 1; 2006, Ord. No. 06-51, sec. 2; 2010, Prop. 17, sec. 1.)
Section 13-5.Oaths of Office.
Before entering upon the duties of theiroffice, each officer elected or appointed shall
subscribe to the oath or affirmation before some person duly qualified to administer oaths:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United
States of America, and the Constitution of the State of Hawai‘i, and that I will faithfully
discharge my duties as …to the best of my ability.”
(1990, Prop. 14, sec. 1;2010, Prop. 7, sec. 57.)
Section 13-6.Bonding Officers.
The director of finance and such other county officers or employees as the council may
require shall furnish bonds in the amount and with the surety prescribed by the council by
ordinance. The premiums on such bonds shall be paid by the county.
Section 13-7.Rules and Regulations.
Except as otherwise provided in this charter, all rules and regulations having the force
and effect of law adopted by any board, commission or administrative head of a department shall
be approved by themayor before going into effect. The provisions of this section shall be
applicable to service rates or fees, license fees and other charges.
(1990, Prop. 16, sec. 4;2010, Prop. 7, sec. 58.)
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Section 13-8.Term of Office of Department Heads.
The term of office of department heads, deputies and assistants shall be co-terminous
with that of the appointing authority; provided, that where a successor hasnot been appointed,a
department head, deputy or assistant, as the case may be, shall continue in office pending such
appointment. The council shall confirm or deny confirmation within sixty days of the
appointment of any department head. If the councildoes not act within sixty days, the
department head shall be deemed to be confirmed. The department head shall take office upon
appointment but shall not continue in office if the council denies confirmation.
(1990, Prop. 9, sec. 2.)
Section 13-9.Non-Civil Service Status and Classification.
From and after the full effective date of this charter, no employeesor officersof the
county who areexempt from the civil service laws shall have theirpositionsincluded in a
position classification plan established under the civil service laws.
(1990, Prop. 14, sec. 1.)
Section 13-10.Prohibitions.
No person who seeks appointment or promotion with respect to any county position or
appointive county administrative office shall directly or indirectly give, render or pay any
money, service or other valuable thing to any person for or in connection with theirtest,
appointment, proposed appointment promotion or proposed promotion.
From and after the effective date of this charter no person who has the power of
appointment under this charter or ordinance enacted pursuant thereto shall appoint, employ,
promote or advance an individual who is a relative of the appointing authority to any office or
position under theirsupervision; provided, that the provision of thisparagraph shall not be
construed to prohibit the appointment of a relative whose name appears on the eligibility list
submitted by the director of human resourcesin accordancewith the civil service laws and the
rules and regulations promulgated pursuantthereto.
The word “relative” as used in this section shall mean an individual who is related to the
appointing authority as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, step-father, step-mother, step-son,
step-brother, step-daughter, step-sister, half-brother, or half-sister.
(1979, Prop. 13; 1990, Prop. 14, sec. 1; 2006, Ord. No. 06-60, sec. 3.)
Section 13-11.Penalties.
The council may,by ordinance,provide forthe punishment of violations of any
provisions of this charter,of ordinances, or of rulesand regulations, by civil fines, either
administratively or judicially imposed, or criminal prosecution, or both. No criminalpenalty
shall exceed the amount of twothousand dollars fine or one year ofimprisonment, or both.
Criminal prosecutionshall be as provided by law for the prosecution of misdemeanors.
(2008, Ord. No. 08-82, sec. 2;2010, Prop. 7, sec. 59.)
Section 13-12.Acceptance of Gifts or Donations.
The council, on behalf of the county, may accept gifts of donations of money, securities
or other personal property or of real estate or any interest in real estate.
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Section 13-13.Contracts.
The county may enter into contracts with private parties, other counties, the State or the
United States for the performance of any function or activity which the county is authorized to
perform. All written contracts to which the county is a party shall:
(a)Be approved by the corporation counsel as to form and legality.
(b)Be authorized by the council by resolution if legislative action is necessary to
implement the contract.
(c)Except as otherwise provided, be signed by the mayor.
(d)Be approved by the director of finance as to the availability of funds in the
amounts and for the purposes set forth therein if they involve financial obligations
of the county. Such contracts shall not extend beyond the term for which an
appropriation to finance such obligations has been made, except as otherwise
provided by this charter. This provision shall not apply to obligations for the
procurement of utility services.
Section 13-14.Facsimile Signatures.
Whenever any person is required to sign on behalf of the county negotiable instruments
or multiple bonds, the signature may be a facsimile.
Section 13-15.Title to Property.
Except as otherwise provided by law, title to all property acquired by any agency of the
county shall be vested in the county.
Section 13-16.Payment of Moneys Out of the County Treasury.
All disbursements of county-controlled funds shall be made pursuant to procedures
prescribed by the director of finance.
Section 13-17.Expenses.
Subject to procedures prescribed by the director of finance and approved by the mayor,
all officers and employees of the county shall be entitled to travel or other necessary expenses in
the performance of their official duties as provided by ordinance.
Section 13-18.Claims.
No action shall be maintained for the recovery of damages for any injury to persons or
property by reason of negligence or other act of any official or employee of the county unless a
written statement stating fully when, where and how the injuries occurred, the apparent extent
thereof and the tentative amount claimed therefor shall have been filed with the county clerk
within two years after the date the injury was sustained.
(1979, Prop. 13.)
Section 13-19.Annual Reports.
Not later than ninety days after the close of the fiscal year, each agency of the county
shall make an annual written report of its activities to the mayor in such form and under such
rules as the mayor may prescribe.
Not later than one hundred twenty days after the close of the fiscal year, the mayor shall
publish an annual report concerning the activities of all agencies of the county. A copy of such
report shall be filed in the office of the county clerk.
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Section 13-20.Records and Meetings Open to The Public.
(a)All books, minutes and records of every agency of the county shall be open to the
inspection of any person at any time during business hours, except as otherwise provided
by law. Certified copies or extracts from such books and records shall be given by the
officer who has custody of same to any person requesting such copies and extracts and
paying or tenderinga reasonable feeto be fixed by the council.
(b)All meetings of the council, boards and commissions shall be held in the council meeting
room or other public places and no such bodies shall take any official action except at a
meeting open to the public.Where personal matters affecting the privacy of an
individual are to be considered, the council, board or commission may, at the request of
the individual involved, consider such matters in closed session; however, any official
action resulting therefromshall be acted upon in an open meeting. Boards and
commissions that are empowered to give examinations to determine the capabilities of
individuals shall be excepted from the provisions of this section when technical
examinations and questionnaires are being drafted by such bodies.
The term “official action” as used in this section means a collective decision made by
a majority of the members of the council, board or commission, or an actual vote by a
majority of the members of the council, board or commission, when sitting as a body or
an entity, upon any matter before thecouncil, board or commission.
(c)The council, board or commission shall provide notice of any regular, special,
rescheduled or emergency meeting according to the provisions of the Hawai‘i Revised
Statutes.
(d)Business conducted by the council, board or commission 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 or administrative body, or any other
county body having the power to issue subpoenas shall adjudge in contempt any
publisher, editor,or reporter, who is or was connected with or employed by a newspaper,
press association, wire service,or a radio or television station, for refusing to disclose, in
any county action, hearing, investigation, inquest, or inquiry, the source of any
information procured while connected or employed by the newspaper, press association,
wire service, or station for publication in a newspaper or for news or news commentary
purposes on radio or television.
(1974, Ord. No. 58, sec. 1; 1990, Prop. 10, sec. 5; 2010, Prop. 7, secs. 60and 61,Prop. 18, sec. 1, and
Prop. 19, sec. 6; 2012, Ord. No. 11-85, sec. 2.)
Section 13-21.Cooperation with Other Agencies.
In the performance of its functions, each agency of the county shall cooperate with
private agencies and with agencies of the governments of the United States, the State and other
states and with any of their political subdivisions having similar functions.
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Section 13-22.Coordination of Work.
The mayor shall devise a practical and working basis for the cooperation and
coordination of work by the various agencies to eliminate duplication and overlapping of
functions, and such agencies shall, so faras practicable, cooperate with each other in the use of
employees, land, building, quarters, facilities and equipment. The head of any agency may
empower or require an employee of another agency, subject to the consent of the head of such
other agency, to perform any duty which mightberequiredof the employees of thatagency.
Whenever in this charter power is vested in an agency to inspect,examine or secure data or
information or to procure assistance from any other agency, a duty is hereby imposed upon the
agency upon which demand is made to render such power effective.
(1990, Prop. 14, sec. 1.)
Section 13-23.Declaration of Emergencies.
The mayor may declare emergencies when the peace, life, property, health, safety or
morals of the community are endangered, but failure or refusal to make such a declaration shall
not preclude the council from finding that an emergency exists.
(1990, Prop. 14, sec. 1.)
Section 13-24.Waiver of Charter Provisions.
If any provision of this charter jeopardizes the receipt by the county of any federal grant-
in-aid or other federal allotment of money, such provision may, insofar as such fund is
jeopardized, be waived by the council upon recommendation of the mayor. Waiver shall be
accomplished by ordinance adopted as prescribed in Section 3-11 except thataduly advertised
public hearing shall be held between first and second readings. Such waiver shall continue in
effect only for the period of time required by the specific grant-in-aid or allotment.
(1979, Prop. 13;2010, Prop. 7, sec. 62.)
Section 13-25.Separability.
If any provision of this charter is held unconstitutional or invalid, the other provisions of
this charter shall not be affected thereby. If the application of the charter or of any of its
provisions to any person or circumstance is held unconstitutional or invalid the application of the
charter and its provisions to other persons or circumstances shall not be affected thereby.
Section 13-26.Public Defender.
The office of public defender shall be established by ordinance of the council when there
is no other private or public agency which is adequately performing this function.
Section 13-27.County Election.
(a)No person shall be a candidate for more than one elective office in the same election.If
no 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
the state insofar as applicable.
(b)All county elective officers—mayor,council members, and prosecuting attorney—shall
be elected in nonpartisan special elections. Such special elections shall be held with the
primary and general elections of the applicable year.
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(c)First special election. The first special election shall be held with the regularly scheduled
primary election. Any candidate for mayor, prosecuting attorney or council receiving a
majority of all votes validly cast for candidates for that office, excluding blank and
spoiled ballots, shall be deemed elected. If there is only one candidate for the office, that
candidate shall be deemed elected regardless of the number of votes received.
(d)Second special election. The second special election shall be held with the regularly
scheduled general election. Unless a candidate has been elected in the first special
election, the two candidates receiving the highest number of votes for the office in
question in the first special election shall be placed on the ballot for the second special
election. At the second special election the candidate receiving the highest number of
votes for each respective office shall be deemed elected.
(1979, Prop. 10; 2000, Prop. 1, sec. 1.)
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 directorof
human resourcesand 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 Hawai‘i, 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.
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(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.
(1974, Ord. No.56, sec. 2; 1979, Prop 13; 1990, Prop. 5, sec. 1; 2000, Prop. 10, sec. 1; 2006, Ord. No.
06-60, sec. 4; 2018, Ord. No. 18-30, sec. 1.)
Section 13-29.Conservation of Natural and Cultural Resources.
For the benefit of present and future generations, the county shall conserve and protect
Hawai‘i’s natural beauty and all natural and cultural resources, including but not limited to land,
water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures,
and shall promote the development and utilization of these resources in a manner consistent with
their conservation and in furtherance of the self-sufficiency of the county. All public natural and
cultural resources are held in trust by the county for the benefit of the people.
(2010, Prop. 6, sec. 1.)
ARTICLE XIV
CODE OF ETHICS
Section 14-1.Enactmentand Policy.
(a)The council shall adopt by ordinance a code of ethics which shall provide as a minimum
standard the provisions of this article. More stringent provisions may be enacted.
(b)Elected and appointed officers and employees shall demonstrate the highest standard of
ethical conduct so that the public may have trust and confidence in the integrity of the
government.
(2000, Prop. 15, sec. 1.)
Section 14-2.Standards.
It shall constitute a conflict of interest for employeesor officersof the county to:
(a)Solicit or accept gifts, loans, gratuities, favors, promisesor serviceswith the
understanding that the same may influence the employees or officers in the proper
discharge of theirofficial duties.
(b)Use theirofficial position to secure special privileges, consideration, treatment or
exemption to themselvesor any person beyond that which is available to every
other person.
(c)Engage in any business, transaction or activity or have a financial interest, direct
or indirect, which might reasonably tend to be incompatible with the proper
discharge of theirofficial duties or to impair theirindependence of judgment in
the performance of theirofficial duties.
(d)Receive any compensation for theirservices as an officer or employee of the
county from any other source other than the county, except as otherwise provided
by this charter or by law.
(e)Appear in behalf of private interests for compensation before any agency of the
county other than a court of law, nor represent private interests in any action or
proceeding against the interest of the county in any litigation to which the county
is a party. An officer serving the county without compensation, however, may
appear for compensation in behalf of private interests before county agencies
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other than the one on which theofficerserves and other than those agencies that
have the power to review the actions of the agency on which theofficerserves,or
to act on the same subject matter as the agency on which the officer serves.
(f)Accept a retainer, compensation or election campaign contribution that is
contingent upon action by a county agency.
(1979, Prop. 13; 1990, Prop. 14, sec. 1.)
Section 14-3.Disclosure of Interest.
It shall be incumbent upon all employees or officers of the county to:
(a)Make full disclosure in writing to the appointing authority or to the council in the
case of an elective officer, the possession or acquisition of any interests, financial
or otherwise as might reasonably tend to create a conflict with the public interest.
Any member of the council who knows of a personal interest, direct or indirect, in
any action proposed or pending before the council shall disclose such interest
prior to the taking of any vote thereon.
(b)File a copy of such disclosure with the county clerk which shall become a matter
of public record.
(1990, Prop. 14, sec. 1.)
Section 14-4.Conduct of Employees.
Officers and employees of the county while discharging their duties and dealing with the
public shall adhere to the following precepts:
(a)All public property and equipment are to be treated as a public trust and are not to
be used in a proprietary manner or for personal purposes without proper consent.
(b)No person in a supervisory capacity shall engage in personal or business
relationships with subordinates which might intimidate said subordinates in the
discharge of their official duties.
(c)All persons shall be treated in a courteous, fair and impartial manner.
(2010, Prop. 7, sec. 63.)
Section 14-5.Board of Ethics.
There shall be a board of ethics appointed by the mayor with the approval of the council.
It shall consist of five members who shall be residents of the county. Each shall serve for a term
of five years. Upon the initial appointment of members pursuant to this charter, one shall be
appointed for a term of one year, one for a term of two years, one for a term of three years, one
for a term of four years and one for a term of five years. The boardshall establish its rules of
procedure. Without limitation of its functions, the boardshall:
(a)Interpret the code of ethics for both county officials and the public and on its own
may initiate and render opinions with respect thereto.
(b)Render advisory opinions to county officers and employees with respect to the
code of ethics pursuant to written requests by officers and employees.
(c)Receive and initiate complaints of violations of the code of ethics and transmit
such complaints to the council or the appropriate appointing authority, along with
any pertinent advisory opinions thereto.
(d)Hold hearings or conduct investigationsconcerning application of the code of
ethics and make public such violations of the code that come to its attention.
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(e)Publish advisory opinions with such deletions as may be necessary to prevent
disclosure of identity of persons involved where such opinions are rendered
pursuant to subsection (b) above.
(f)Propose revisions to the code of ethics where not inconsistent with this charter.
(2010, Prop. 7, sec. 64.)
Section 14-6.Penalties.
The failure to comply with the provisions of Sections14-2 to 14-4, inclusive, shall
constitute a cause for suspension, removal from office or employment, or such other penalty as
the council may prescribe by ordinance. Nothing herein shall preclude any other remedy
available against the officer or employee of the county as provided by law.
(2010, Prop. 7, sec. 65.)
ARTICLE XV
CHARTER AMENDMENT OR REVISION
Section 15-1.Initiation of Amendments or Revisions.
Amendments or revisions of this charter may be initiated only in the following manner:
(a)By ordinance of the council adopted after three readings on separate days and
passed by the affirmative vote of two-thirds of the entire membership.
(b)By petition presented to the council, signed by qualified electors equal in number
to at least twenty percent of the total ballots cast inthe last preceding general
election, setting forth the proposed amendments or revisions. Such petition shall
designate and authorize not less than three nor more than five of the signers
thereto to approve any alteration or change in the form or language or any
restatement of the text of the proposed amendments or revisions which may be
made bythe corporation counsel.
Each electorsigning such petition shall print theirname, which shall be reasonably
similar to their name as it appears on the general county register for the County of Hawai‘i,
residence address, and add their signature, month and day of their birth date, and the last four
digits of their social security number on said petition. Signatures may be on separate sheets but
each sheet shall have appended to it the affidavit of some person that to the best of the affiant’s
knowledgeand belief the persons whose signatures appear on the sheet are registered electors of
the county, that they signed with knowledge of the contents of the petition and that their
residences are correctly given.
Upon filing of such petition with the council, the county clerk shall examine the same to
see whether it contains a sufficient number of apparently genuine signatures of registered voters.
The clerk may question the genuineness of any signature appearing on the petition or affidavit.
If theclerkfinds that any such signature on the petition or affidavit is not genuine, theclerkshall
disregard such signature. The clerk shall eliminate any sheet of the petition which is not
accompanied by a validaffidavit. The invalidity of any sheet shall not affect the validity of the
petition if a sufficient number of signatures remain after eliminating such invalid sheet. The
clerk shall complete theexamination of the petition within thirtyworking days.
(1979, Prop. 13; 1990, Prop. 14, sec. 1; 2006, Ord. No. 06-96, sec. 5; 2010, Prop. 3, sec. 1.)
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Section 15-2.Elections to be Called.
Upon adoption of an ordinance proposing amendments or revisions of this charter, or
upon the determination by the clerk that a petition for proposed amendments or revisions of this
charter contains the required number of signatures, the council shall by resolution provide that
the proposed amendments or revisions be submitted to the electors of the county for approval at
the next general election. Any such resolution shall provide for the publication of the full text of
the proposed amendments or revisions in a daily newspaper of general circulation in the county
at least forty-five days prior to submission to the electors of the countyas well as via an
electronic medium, such as the Internet.
(2010, Prop. 19, sec. 7.)
Section 15-3.Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than the
first day of July prior to the charter review year, the mayor with the confirmation of the council,
shall appoint a charter commission composed of eleven members to study and review the
operation of the government of the county under this charter. Commission members, no more
than a majority of whom shall belong to the same political party, shall be representative of the
variousgeographical areas of Puna, Ka‘, Kona, Kohala, Hmkua, and Hilo. The council shall
appropriate funds to enable the commission to carry out its duties, including the hiring of
necessary staff.
The commission shall hold at least one public hearing in each of the geographical areas.
The commission may propose amendments to the existing charter or a draft of a new charter
which shall be submitted to the county clerk. Upon receipt of the amendments or charterin the
form as proposed by the commission, the county clerk shall provide for the submission of such
amendments or charter to the electors of the county at either a special election as determined by
the commission or at the first general election following the charter review year.The
commission shall prepare the language of the question to be submitted to the voters for each of
the amendments it proposes.
The commission shall publish not less than forty-five days before any election, at least
once in at least twodaily newspapersof general circulation within the county, as well as via an
electronic medium, such as the Internet, a brief digest of the amendments or charter and the
purpose thereof and a notice to the electorate that copies of the amendments or charter are
available at the office of the county clerk.
Members of the commission shall hold office until the amendments or charter is ratified
or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it or a
new charter, if a new charter is proposed, the amendment or new charter shall become effective
at the time fixed in the amendment or charter.
(1979, Prop. 13; 1990, Prop. 10, sec. 6and Prop. 15, sec. 1; 2010, Prop. 7, sec. 66,Prop. 16, sec. 1, and
Prop. 19, sec. 8.)
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Section 15-4.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.
(2018, Ord. No. 18-76, sec. 1.)
ARTICLE XVI
TRANSITIONAL PROVISIONS
Section 16-1.Schedule.
After its ratification by the electorate, this charter, as amended, shall take full effect on
January1,1980.
(1979, Prop. 13.)
Section 16-2.Initial Elections Under the Charter.
The first county primary and general elections under this charter shall be held in the
year1980.
(1979, Prop. 13.)
Section 16-3.Existing Laws and Conflicting Laws.
All laws, ordinances, resolutions, rules and regulations in force at the time this charter
takes full effect,and not in conflict or inconsistent with this charter, are hereby continued in
force until repealed, amendedor superseded by proper authority. All laws relating to or affecting
this county or its agencies, officers or employees, and all county ordinances, resolutions, orders
and regulations which are in force when this charter takes full effect are repealed tothe extent
that they are inconsistent with or interfere with the effective operation of this charter or
ordinances or resolutions adopted by the county council under the provisions of this charter.
(1979, Prop. 13.)
Section 16-4.Status of Agencies and Transfer of Functions.
When this charter takes full effect:
(a)All offices, departments, boards and commissions, the status of which are not
specifically changed or abolished by this charter, are hereby recognized,
continued and established and shall havesuch powers, duties and functions as
provided by law or ordinance. Members of the various boards and commissions,
excluding the Hawai‘iredevelopment agency, holding office at the effective date
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of this charter shall continue in office unless they resignor until their terms of
office shall expire, at which time new members shall be appointed inaccordance
with this charter.
(b)The public works board of appeals and the board of appeals under the planning
department shall stand abolished and their functions transferred to the extent
provided in Section 6-9.2.
(c)Each county civil service employee affected by the status of agencies and transfer
of functions under this charter shall be assigned to other agencies or executive
agencies in the county without any loss in pay, provided theemployeehad held
the position for at least one year prior to the full effective date of this charter.
When an employee’s position which has been so affected becomes vacant, that
position shall stand abolished unless the position is permanently created in the
table oforganization of the agency or executive agency concerned.
(d)Nothing in this charter shall be deemed to affect the civil service status of
incumbent department headsor deputiesin government service prior to the
adoption of this charter, and theyshall continue to exercise and discharge the
powers and duties of theirrespective officesuntil such time as theofficesbecome
vacant andsuccessorsshall have qualified in accordance with this charter or laws
and ordinances enacted pursuant thereto.
(e)Every non-civil service officer, deputy, assistant or bureau head affected by the
status of agencies and transfer of functions under this charter may be absorbed
into a permanent civil service position in the same division or other agencies or
executive agencies as a consequence of the reorganization provisions of this
charter without loss of vacation or sick leave allowance, service credit or other
rights and privileges and without the necessity of examination; provided, that such
officer, deputy, assistant or bureau head possess the minimum qualifications for
the position to which transferred or appointed. The method and procedure for
such appointment or transfer shall be established by resolution or ordinance. The
provision of this subsection relating to civil service status shall not apply to any
officer, deputy, assistant or bureau head who is appointed as a deputy or assistant
to the administrative head of any agency under this charter.
(f)Non-civil service employeesor officerswho arenot transferred or appointed and
whose employment areterminated as a consequence of the reorganization
provisions of the charter shall have the right to have theirnamesplaced on
appropriate re-employment lists and shall be deemedeligible for certification to
positions in the class in which last occupied or in a related class in the same or
lower grade for which the qualification requirementsare met; provided, that
written applicationsfor re-employment with the department of human resources
are filedwithin thirty days after the termination of employment. Such
certificationsshall expire three years after the effective date of this charter.
(1979, Prop. 7and Prop.13; 1990, Prop. 14,sec. 1;2006, Ord. No. 06-60, sec. 5; 2010, Prop. 7, sec. 67.)
Section 16-5.Transfer of Records and Property.
All records, property and equipment whatsoever of any office, department, board or
commission, the functions of which are assigned to another agency by this charter,shall be
transferred and delivered to the agency to which such functions are so assigned.
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Section 16-6.Status of Present Employees.
No loss of vacation allowances, service credits or other rights and privileges on the part
of any officer or employee in the civil service shall be caused by the adoption of this charter, but
nothing contained herein shall be construed to prevent future changes in status pursuant to civil
service laws.
Section 16-7.Department Heads Continued in Office.
Notwithstanding any provision to the contrary, each department head,including elected
department heads and department heads appointed by boards or commissions,holding office
when this charter takesfull effect shall continue in office until asuccessor takes office or until
removed pursuant tothe provisions of this charter.
(1990, Prop. 14, sec. 1; 2010, Prop. 7, sec. 68.)
Section 16-8.Pending Proceedings.
All petitions, hearings and other proceedings pending before any office, department,
board or commission and not completed at the effective date of this charter shall continue and
remain in full force and effect and shall be completed before or by the office, department, board
or commission which succeeds to the powers and functions of such office, department, board or
commission.
Section16-9.Lawful Obligations of the County.
All lawful obligations of the county existing on the effective date of this charter and all
fines, taxes, penalties, forfeitures, obligations and rights due, owing or accruing to the county
and all writs, prosecutions, actions and proceedings by or against the county shall remain
unaffected by the adoption of this charter.
Section 16-10.Hawai‘i Redevelopment Agency.
The Hawai‘i redevelopment agency shall be abolished, and its powers, functions, rules
and regulations transferred to the planning director, on January 1, 2001.
(2000, Prop. 12, sec. 1; 2010, Prop. 7, sec. 69.)
Section 16-11.Transitional Provisions Concerning Fire Department.
The amendment concerning the fire department shall take effect at noon on the first
Monday in December following its approval by the voters. The fire chief serving immediately
prior to the amendment taking effect shall hold over as interim fire chief until the appointment of
a fire chief by the fire commission. If the fire chief’s office becomes vacant before appointment
of a fire chief by the fire commission, the mayor shall appoint an interim fire chief, who shall
serve until the appointment of a fire chief by the fire commission.
(2000, Prop. 3, sec. 3.)
Section 16-12.Boards and Commissions with District Residency Requirements.
Any commission member serving at the time of the adoption of the council district
residency requirement in the year 2000 may serve the remainder of the term, regardless of
residency. Any vacancy must be filled by a resident of acouncil district not represented on the
commission.
(2000, Prop. 9, sec. 4.)
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Revision History
The County Charter provides three means for proposing charter amendments: ordinance,
petition, and by mandatory commission review every ten years. The commission review process
has produced sixty-sixproposals, of which fifty-ninewere approved by the voters. The first
mandatory charter review was conducted in 1979 and it was culminated by a special election
held on November 3, 1979, at which ten of the thirteen proposed amendments were approved.
The second mandatory charter review was conducted in 1990. At the general election on
November 6, 1990, fifteenof the eighteenproposed amendments were approved by the voters.
On November 7, 2000, voters approved all sixteen of the amendments proposed by the 2000
Charter Commission. On November 2, 2010, voters approved eighteen of the nineteen
amendments proposed by the 2010 Charter Commission.
The other two means for proposing charter amendments have also been employed. The
county council has passed thirty-fourordinances and submitted them to the electorate,
twenty-eightof which were approved. In one instance, a provision was deleted pursuant to an
amendment proposed via a citizens’ petition. This revision incorporates the two amendments
proposed by the 2016-18Hawai‘i County Counciland approved by the voters during the 2018
general election.
January 2, 1969Countycharter became effective
November 5, 1974County council submissions to the electorate:
Ord. 74-56Establishing salary commission-Approved
Ord. 74-57Relating to budget submission dates -Approved
Ord. 74-58Protecting news gatherer’ssources -Approved
Ord. 74-59Relating to elected officials vacancies -Approved
November 2, 1976County council submissionto the electorate:
Ord. 76-182Lowering age requirement for office-Rejected
November 3, 1979Charter commission proposed thirteen changes:
Prop. 1.Relating to council composition and terms -Rejected
Prop. 2.Relating to council attorney -Rejected
Prop. 3.Initiation of general plan amendments -Approved
Prop. 4.Requiring mandatory program review -Approved
Prop. 5.Redefining authority of planning director -Approved
Prop. 6.Relating to department of water supply -Rejected
Prop. 7.Creating board of appeals -Approved
Prop. 8.Providingfor centralized purchasing -Approved
Prop. 9.Providing for recall of elected officials -Approved
Prop. 10.Providing definition of “vacancy” in office -Approved
Prop.11.Removing restrictions on occupation for board
membership -Approved
Prop. 12.Providing for council confirmation of appointees-
Approved
Prop. 13.“Minor and miscellaneous” amendments-Approved
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November 2, 1982Hawai‘i County Taxpayers Association proposed by petition deletion of
section 11-2, “Limitations to Powers,” relating to initiative and
referendum -Approved
November 6, 1984County council submission to the electorate:
Ord. 84-51Proposing single member council districts and the
creation of a reapportionment commission to redistrict
every eight years -Rejected
November 6, 1990Charter commission proposed eighteen changes:
Prop. 1.Providing single member council districts, reduced terms
-Approved
Prop. 2.Providing changes to initiative and referendum -
Rejected
Prop. 3.Expanding powers of police commission and other
changes -Approved
Prop. 4.Changing budget process -Approved
Prop. 5.Council confirmation of salary commission, expanding
power -Approved
Prop. 6.Setting minimum qualifications for appointed positions -
Approved
Prop. 7.Providing procedures to fill vacancies -Approved
Prop. 8.Relating to holdover board and commission members -
Approved
Prop. 9.Imposing time limit for confirmation of appointees -
Approved
Prop. 10.Requiring charter-mandated publication of notices in two
newspapers rather than one-Approved
Prop. 11.Funding for deputy managing director and deputy finance
director-Rejected
Prop. 12.Relating to voting requirement for signers of recall
petitions -Approved
Prop. 13.Clarifying quorum requirements for boards -Approved
Prop. 14.Providing for gender neutral language-Approved
Prop. 15.Authorizes charter commission to prepare ballot language
and format for its propositions
-Approved
Prop. 16.Authorizing charter revisions where provisions are
inconsistent with State law-Approved
Prop. 17.Deletion of certain powers of planning commission -
Approved
Prop. A.Relating to contracts for services by county council -
Rejected
November 3, 1992 County council submission to the electorate:
Ord. 92-80Proposing longer council terms, not coterminous with
mayor, and term limit -Rejected
November 8, 1994County council submissions to the electorate:
Ord. 93-68Increasing police commission membership, district
representation -Approved
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Ord. 94-50Changing centralized purchasing provisions -Approved
Ord. 94-59Changing from annual to biennium budget -Rejected
November 5, 1996County council submissions to the electorate:
Ord. 95-20Limiting number of consecutive terms for council
members -Approved
Ord. 96-86Changing “resign to run” provision -Approved
November 3, 1998County council submissions to the electorate:
Ord. 98-17Establishing data systems department -Approved
Ord. 98-78Providing longer council terms -Rejected
Ord. 98-83Providing changes relatingto planningcommission and
planning director-Approved
November 7, 2000Charter commission proposed sixteen changes:
Prop. 1.Establishing nonpartisan elections -Approved
Prop. 2.Expanding dutiesof managing director,departmental
reorganization -Approved
Prop. 3.Establishing fire commission -Approved
Prop. 4.Establishing department of environmental management -
Approved
Prop. 5.Relating to holdover board and commission members -
Approved
Prop. 6.Eliminating safety coordinator -Approved
Prop. 7.Providing stronger qualifications for department heads -
Approved
Prop. 8.Creating policy statement for police department,
expanding police commission powers-Approved
Prop. 9.Renaming water commissionand expanding membership
-Approved
Prop. 10.Expanding authority of salary commission -Approved
Prop. 11.Establishingcost of government commission -Approved
Prop. 12.Eliminating Hawai‘i redevelopment agency -Approved
Prop. 13.Requiring quarterly council meetings in Kona -
Approved
Prop. 14.Expandingliquor commission membership -Approved
Prop. 15.Adding statement of purpose to code of ethics -
Approved
Prop. 16.Relating to residency of board members after redistricting
-Approved
November7, 2006County council submissions to the electorate:
Ord. 06-60Changing the name of the department of civil service -
Approved
Ord. 06-95Changing the name of the fire department -Approved
Ord. 06-51Relating to terms of boards or commission members -
Approved
Ord. 06-84Relating to impeachment of elected officials -Approved
Ord. 06-96Amending sections of the charter to conform to the
Federal Privacy Act of 1974-Approved
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November 4, 2008County council submissions to the electorate:
Ord. 08-01Creating windward and leeward planning commissions -
Approved
Ord. 08-80Relating to initiative and referendum -Approved
Ord. 08-81Creating an office of the legislative auditor -Approved
Ord. 08-82Relating to civil and criminal penalties -Approved
November2, 2010Charter commission proposed nineteenchanges:
Prop. 1.Establishment of an Open Space Fund-Approved
Prop. 2.Relating to recall provisions-Approved
Prop. 3.Relating to Charter amendment provisions-Approved
Prop. 4.Relating to civil servicelaws -Rejected
Prop. 5.Relating to the Reapportionment Commission -
Approved
Prop. 6.Preservation of natural and cultural resources-Approved
Prop. 7.Grammar, spelling, and formatting-Approved
Prop. 8.Relating to the Department of Water Supply-Approved
Prop. 9.Relating to Data Systems-Approved
Prop. 10.Relating to the Fire Department-Approved
Prop. 11.Duties of the Director of the Department of
Environmental Management-Approved
Prop. 12.Qualifications of the Director of the Department of
Environmental Management-Approved
Prop. 13.Duties of the Prosecuting Attorney-Approved
Prop. 14.Terms of Merit Appeals Board membership-Approved
Prop. 15.Removal of directors serving under commissions-
Approved
Prop. 16.Appointment of CharterCommission members-
Approved
Prop. 17.Membership on boards and commissions -Approved
Prop. 18.Electronic posting of special meeting notices -Approved
Prop. 19.Publication of notices via an electronic medium -
Approved
November 6, 2012County council submissions to the electorate:
Ord. 11-85Records and meetings open to the public-Approved
Ord. 11-94Public Access, Open Space, and Natural Resources
Preservation Fund -Approved
Ord. 12-16Establishing a Public Access, Open Space, and Natural
Resources Preservation Maintenance Fund-Approved
Ord. 12-21Establishing and abolishing special funds-Rejected
Ord. 12-70Members of Redistricting Commission Eligibility for
County Council -Approved
Ord. 12-110Establishing a Game Management Advisory Commission
-Approved
November 4, 2014County council submissions to the electorate:
Ord. 14-98Term of appointment for the County Clerk -Approved
70
November 8, 2016County council submissions to the electorate:
Ord. 16-62Relating to the general plan -Approved
November 6,2018County council submissions to the electorate:
Ord. 18-30Relating to the salary commission -Approved
Ord. 18-76Relating to fiscal impact statements-Approved
Source Notes:
For those sections of the charter that have been amended, a note indicating the year, the
proposition and/or ordinance, and the section of that proposition or ordinance that amended that
section of the charter is provided. For example:
(2000, Prop. 12, sec. 2) means that the corresponding section of the charter was amended at the
2000 general election with the amendments contained within section 2 of Proposition 12; or
(1996, Ord. No. 06-60, sec. 3) means that the corresponding section of the charter was amended
at the 1996 general election with the amendmentscontained within section 3 of Ordinance
Number 06-60; or
(1990, Prop. 7, sec. 1 and Prop. 14, sec. 1) means that the corresponding section of the charter
was amended at the 1990 general election with the amendments contained within section 1 of
Proposition 7 and also by the amendments contained within section 1 of Proposition 14.
Source Notes indicating the year 1979 refer to the special election held that year on November 3,
1979. The Charter Commission elected to hold a special election for the consideration of charter
amendments, rather than proposing amendments to the electorate during the 1980 general
election.
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Charter Commissions
1963-19641965-1966
Dr. Kaoru Noda, ChairmanDr. Ralph H. Kiyosaki, Chairman
Kengo Nagasako, Vice-ChairmanMona Wagner, Vice-Chairman
Herman AmaralJackson Ah Chin
Yasuki ArakakiTakashi Domingo
Bryan W. BaldwinNobuko Fukuda
Robert FujimotoWilliam Henry
Peter G. KawaharaArthur Herbst
Fred J. KoehnenRobert A. Kamakura
R. B. LegaspiErnest Martinson
Mary E. LowethAkira Omonaka
Satoru SugawaraIchiro Shikada
Staff:Staff:
Masanori Kushi, AttorneyDonald K. Martin, Attorney
Chiyono Kinoshita, SecretarySadako Okimoto, Secretary
June Lewis, Secretary
1967-19681979
Fred J. Koehnen, ChairmanKimiaki Sakata, Chairman
Arthur Herbst, Vice-ChairmanSpencer K. Schutte, Vice-Chairman
Herman AmaralHarlan J. Cadinha
Yasuki ArakakiRichard T. Ishida
Bryan W. BaldwinAmy Iwamoto
R. B. LegaspiGloriaKobayashi
June LewisAkira Omonaka
Kengo NagasakoHerman Sensano
Akira OmonakaJoseph E. Trulson
Ichiro ShikadaMatsuo Yanaga
Satoru SugawaraBasilio Yagong
Staff:Staff:
Yoshito Tanaka, AttorneyStuart A. Oda, Attorney
Blossom S. Kahawai, SecretaryJoan Carnett, Secretary
Lucy L. Enoka, Secretary
Gertrude H. Ver Bunker, Secretary
1989-19902000
Robert E. Bethea, ChairmanJohn Ray, Chairman
Sherwood Greenwell, Vice-ChairmanRoland Higashi, Vice-Chairman
Pamela CushnieEddie M. Alonzo
Francine DuncanKevin M. Balog
David FuertesStephen G. Bess
Dr. James O. JuvikMarni Herkes
Pete L’OrangeSusan S. Irvine
Aileen LumDaryl H. Kurozawa
Steven NishikawaGeorge A. Martin
Akira OmonakaJohn L. Santangelo, Jr.
Patricia PoppeGary N. Yoshiyama
Staff:Staff:
Christopher Yuen, AttorneyChristopher Yuen, Attorney
R. Marie Jacobs, SecretarySharon Henry, Secretary
72
2010
Edmund Haitsuka, Chairman
David Fuertes, Vice Chair
Casey Jarman, Parliamentarian
Daphne Honma
Guy Kaulukukui
Jamae Kawauchi
Joseph Kealoha
Alapaki Nahale-a
Susie Osborne
Todd Shumway
Scott Unger
Staff:
Levi Hookano, Attorney
Karen Eoff, Secretary
73