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HomeMy WebLinkAboutComm No 0049 - Transmit CA-31Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson 2018-2020 HAWAII COUNTY CHARTER COMMISSION Date: April 15, 2019 To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Akane Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer RE: Transmitting CA -31; Proposed Amendment to Section 13-4; Submitted by Commissioner Adams Please find attached CA -31, which proposes to amend Section 13-4 of the Hawai`i County Charter (2018 Edition) by revising provisions for the nomination and confirmation of members to boards and commissions that are specifically established by the Hawai`i County Charter. CA -31 will be placed on the April 25, 2019, meeting agenda for its initial consideration and approval prior to first reading. Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 49 PROPOSAL NO.CA-3 1 (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: ADAMS 2. If applicable, list the charter provision(s) to be deleted or amended: Amend Section 13-4(b) and delete Section 13-4(1). 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: The proposed amendment provides for an additional way to ensure charter -established boards and commissions have sufficient members to accomplish their responsibilities. The amendment is similar to the 2017 County of Maui Charter provisions (see below). The deleted section is replaced by the amendment. 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). Charter, County of Maui, Sections 13-2(16) & 13-2(17). 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. See reverse side Form CA -1 Revised 8/29/18 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 2 of 2 Charter, County of Maui Article 13 (GENERAL PROVISIONS) Section 13-2. Boards and Commissions. 16. A vacancy on a commission or board due to the expiration of a member's term shall be filled as follows: Not more than seventy (70) days nor less than sixty (60) days before the vacancy is to occur the mayor shall submit to the council the name of the mayor's nominee to fill the vacancy. Within sixty (60) days thereafter the council shall act to approve or disapprove the nominee. If the council disapproves the nominee, it shall immediately so notify the mayor of its action. The mayor shall then submit the name of a second nominee to the council within ten (10) days and the council shall act thereon within sixty (60) days. The process shall continue until the vacancy is filled. In the event that the council fails to approve or disapprove a nominee within the time periods provided for herein, the nominee shall be deemed appointed to fill the vacancy upon its occurrence. If the mayor fails to submit the name of a nominee within the times provided for herein, the council may within sixty (60) days nominate and approve the appointment of an individual to fill the vacancy. 17. A vacancy on a commission or board due to death, resignation or removal shall be filled as follows: Within thirty (30) days of the occurrence of a vacancy the mayor shall submit to the council the name of the mayor's nominee to fill the vacancy. Within sixty (60) days thereafter the council shall act to approve or disapprove the nominee. If the council disapproves the nominee it shall immediately so notify the mayor of its action. The mayor shall then submit the name of a second nominee to the council within ten (10) days and the council shall act thereon within sixty (60) days. This process shall continue until the vacancy is filled. In the event that the council fails to approve or disapprove a nominee within the time periods provided for herein, that nominee shall be deemed appointed to fill the vacancy upon its occurrence. If the mayor fails to submit the name of a nominee within the times provided for herein, the council may within sixty (60) days nominate and approve the appointment of an individual to fill the vacancy. (Amended 2002, 1988) Hawaii County Charter Proposal --text Amend Section 13-4 to read as follows: "Section 13-4. Except established by (a) (b) Boards and Commissions. as otherwise provided in this charter, all boards and commissions specifically this charter shall be governed by the following provisions: The members shall 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. 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. A vacancy on a commission or board due to the expiration of a member's term shall be filled as follows: Not less than sixty days before the vacancy is to occur the mayor shall submit to the council the name of the mayor's nominee to fill the vacancy. Within sixty days thereafter the council shall act to approve or disapprove the nominee. If the council disapproves the nominee, it shall immediately so notify the mayor of its action. The mayor shall then submit the name of a second nominee to the council within ten days and the council shall act thereon within forty-five days. The process shall continue until the vacancy is filled. In the event that the council fails to approve or disapprove a nominee within the time periods provided for herein, the nominee shall be deemed appointed to fill the vacancy upon its occurrence. If the mayor fails to submit the name of a nominee within the times provided for herein, the council may within sixty days nominate and approve the appointment of an individual to fill the vacancy. A vacancy on a commission or board due to death, resignation or removal shall be filled as follows: Within thirty days of the occurrence of a vacancy the mayor shall submit to the council the name of the mayor's nominee to fill the vacancy. Within forty-five days thereafter the council shall act to approve or disapprove the nominee. If the council disapproves the nominee it shall immediately so notify the mayor of its action. The mayor shall then submit the name of a second nominee to the council within ten days and the council shall act thereon within forty-five days. This process shall continue until the vacancy is filled. In the event that the council fails to approve or disapprove a nominee within the time periods provided for herein, that nominee shall be deemed appointed to fill the vacancy upon its occurrence. If the mayor fails to submit the name of a nominee within the times provided for herein, the council may within sixty days nominate and approve the appointment of an individual to fill the vacancy. (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 two years 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 days or until a successor is appointed and confirmed, whichever comes first. (e) Any vacancy occurring in any board or commission shall be filled 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 may be 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 two times the state minimum wage hour rate. (h) A chairperson shall be elected from its membership annually. (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 a board 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. [{1}] [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 docs not confirm or reject any such appointment within forty five days, the appointee shall be deemed to have been confirmed.] fl[(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."