HomeMy WebLinkAboutProposal for Amendment of the Kauai Charter to Provide for a County Manager System PROPOSED CHARTER AMENDMENT ON COUNTY MANAGER FORM OF GOVERNMENT
COUNTY OF KAUA 'I CHARTER
ARTICLE I
THE COUNTY AND ITS GOVERbNENT
Proposed amendments are noted in red: New material is underlined.
Material to be deleted is bracketed.
Section 1 . 01 . Incorporation. The people of the county of Kauai
are and shall continue to be a body politic and corporate in
perpetuity under the name of "county of Kauai, " referred to
hereinafter as the "county. "
Section 1 . 02 . Geographical Limits . The islands of Kauai and
Niihau and all other islands lying within three nautical miles off
the shore thereof, and the waters adjacent thereto, shall
constitute the county or Kauai with its county seat at Lihue.
Section 1 . 03 . County Elections .
A. In general . County elections shall be conducted in
accordance with the election laws of the State insofar as
applicable, but all elective officers shall be elected by
nonpartisan elections . Except as otherwise provided in this
charter, such nonpartisan elections shall be held in conjunction
with the primary and general elections of the applicable year in
which the terms of the [mayor, council members, ] council members or
prosecuting attorney, respectively, end.
B. First nonpartisan election. To the extent possible, the
first nonpartisan election shall be held in conjunction with the
primary election of the applicable year.
1 . Offices of the [Mayor, Prosecuting Attorney, ] Prosecuting
Attorney and Council members to be elected by districts, if any.
In the case of the offices of [mayor, prosecuting attorney, ]
prosecuting attorney or any council members to be elected by
districts, the names of the two candidates receiving the highest
number of votes for these offices in the first nonpartisan
election shall be placed on the ballot for the second nonpartisan
election. However, if there is only one candidate for each of said
offices, such candidate shall be elected. (Amended 2008 )
2 . Office of At-Large Council Members . The candidates
receiving the highest number of votes shall be elected to fill
each vacant at-large council office provided the candidate or
candidates receive at least thirty percent of all votes cast for
all at-large council offices . In the event of a tie for the last
remaining at-large council office the candidates receiving the
same number of votes shall be placed on the ballot for the second
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nonpartisan election.
C. Second nonpartisan election. To the extent possible, the
second nonpartisan election shall be held in conjunction with the
general election for the applicable year.
1 . Offices of the [Mayor, ] Prosecuting Attorney, and Council
members to be elected by districts, if any. Unless a candidate
for [mayor, ] prosecuting attorney, or council members to be
elected by district, if any, is elected in the first nonpartisan
election, the names of the two candidates receiving the highest
number of votes for these offices in the first nonpartisan
election shall be placed on the ballot for the second nonpartisan
election. At the second nonpartisan election the candidates
receiving the highest number of votes for [mayor, ] prosecuting
attorney and district council member, respectively, shall be
elected.
2 . Office of At-Large Council members .
a. If any at-large council office remains to be filled after
the first nonpartisan election, two candidates for each vacant at-
large council office shall be placed on the ballot. The names of
the candidates receiving the highest number of votes cast in the
first nonpartisan election, other than the name of any candidate
elected after the first nonpartisan election, shall be placed on
the ballot until a sufficient number of candidates are on the
ballot as provided in this subsection. At the second nonpartisan
election, the candidates receiving the highest number of votes for
each vacant at-large office shall be elected.
b. In the event of a tie vote in the second nonpartisan
election, the winner shall be determined by chance by a method
chosen by the county clerk.
D . In any subsequent publication of the foregoing sections
the term "first nonpartisan election" and "second nonpartisan
election" may be changed to "primary election" and "general
election", respectively. " (Amended 1996)
ARTICLE II
POWERS OF THE COUNTY
Section 2 . 01 . Powers . To promote the general welfare and the
safety, health, peace, good order, comfort and morals of its
inhabitants, the county shall have and may exercise all powers
necessary for local self-government, and any additional powers and
authority which may hereafter be granted to it, except as
restricted by laws of this State. The enumeration or express
powers in this charter shall not be deemed to be exclusive. In
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addition to the express powers enumerated herein of implied
thereby, it is intended that the county shall have and may
exercise all powers it would be competent for this charter to
enumerate expressly.
Section 2 . 02 . 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, as provided by ordinance of the county
council .
ARTICLE III
COUNTY COUNCIL
Section 3. 01 . Legislative Power. The legislative power of the
county shall be vested in and exercised by the county council,
except as otherwise provided by this charter.
Section 3 . 02 . Composition. There shall be a council of seven
members elected at-large one of whom shall be the mayor.
Section 3. 03 . Terms . The terms of office of councilmembers shall
be for two years beginning at twelve o ' clock meridian on the first
working day of December following their election. No person shall
be elected to the office of councilmember for more than four
consecutive two year terms . (Amended 1980, 1984, 2006)
Section 3. 04 . Qualifications .
A. To be eligible for the council, a person must be a citizen
of the United States and must have been a duly qualified elector
of the county for at least two years immediately preceding his
election or appointment.
B. Any councilman who removes his residence from the county
or is convicted of a felony shall immediately forfeit his office.
C. The council shall be the judge of the qualifications of
its members and for that purpose shall have power to subpoena
witnesses, take testimony and require the production of records .
Decisions made by the council in the exercise of the powers
granted in this subsection shall be subject to review by the Fifth
Circuit Court of the State of Hawaii .
Section 3 . 05. Vacancy in Office. In the event a vacancy occurs in
the council, other than the mayor, the remaining members of the
council shall appoint a successor with the required qualifications
to fill the vacancy for the unexpired term. If the council is
unable to fill a vacancy within (30) days after its occurrence,
the mayor shall make the appointment to such vacancy. The
foregoing provisions shall apply in the event a person elected as
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councilman dies before taking office; provided, however, that the
vacancy shall be filled by the newly elected council within thirty
(30) days after the beginning of the new term.
Section 3 . 06 Compensation. The salary of each councilmember shall
be established in accordance with the provisions of Article XXIX
of this Charter. (Amended 1988, 2006)
Section 3. 07 . Organization of Council; Officers; Rules; Employees .
A. The council shall meet in the council room at the county
building or in the Kauai War Memorial Convention Hall for its
organization promptly after its inauguration and swearing-in
ceremony. [at which time it shall elect one of its members as
chairman and presiding officer of the council . Until such time as
the chairman is elected, the] The mayor shall preside at the
council meetings as the chair. [ ,provided that the mayor shall not
have a vote. ] The council shall [also] elect one of its members
as vice-chairman who shall act as the presiding officer in the
event of the chairman ' s absence. The council shall appoint a
presiding officer pro tempore from its members in the event of the
absence of both the chairman and vice-chairman. A majority of the
entire membership of the council shall constitute a quorum and,
except as otherwise provided, the affirmative vote of a majority
of the entire membership shall be necessary to take any action.
(Amended 1984 )
B. The council shall adopt such rules as it may deem
necessary for the organization of committees and the transaction
of its business .
C. The council shall keep a journal of its proceedings .
D. The council may, upon an affirmative vote of at least two-
thirds of its entire membership, suspend without pay for not more
than one month any member for disorderly or contemptuous behavior
in its presence. The presiding officer or the council by a
majority vote may expel any other person who is guilty of
disorderly, contemptuous or improper conduct at any meeting.
E. The council shall meet regularly at least twice in every
month at such times as the council may prescribe by rule. Special
meetings may be held on the call of the mayor [ , chairman] or by
five or more members . All council and council committee meetings
shall be open to the public except as provided for in Chapter 92,
Hawaii Revised Statutes . (Amended 2008 )
F. Council Staff. The council may appoint the necessary
personnel for the transaction of its business, and such
appointments shall be subject to the civil service and
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classification requirements . The [chairman] mayor of the council
shall be the administrative officer of the staff employees .
[Section 3. 08 . Mayor May Appear Before Council . The mayor may
propose in writing any motion, resolution or ordinance, or
amendments thereto, but shall have no right to vote thereon. ]
Section 3 . 09. Eminent Domain. The council shall by resolution
determine and declare the necessity of taking property for public
purposes, describing the property and stating the uses to which it
shall be devoted.
Section 3 . 10. Annual Budget and Capital Program. The council
shall enact an annual budget ordinance, which shall include both
the operational and capital expenditures for the fiscal year and
the method of financing same. The council shall provide sufficient
revenues to assure a balanced budget .
Section 3 . 11 Adoption of Pay Plan. The Council by ordinance shall
appropriate the salaries of all, officers and employees who are
exempt from civil service in accordance with the provisions of
Section 7 . 05E and Article XXIX of this Charter. All other officers
and employees shall be classified and paid in accordance with law.
(Amended 1984, 1988, 2006)
Section 3. 12 . Audit.
A. Financial Audit. At least once every two years and at any
other time as may be deemed necessary, the council shall cause an
independent audit of all county funds and accounts to be made by a
certified public accountant or firm of certified public
accountants . The scope of the audit shall be in accordance with
the terms of a written contract to be signed by the chairman which
shall provide for the completion of the audit within a reasonable
time. If the state makes such an audit, the council may accept it
as satisfying the requirements of this section. The audit shall be
matter of public record.
B. Performance Audit. To ensure and determine whether
government services are being efficiently, effectively, and
economically delivered, the council may at any time provide for a
performance audit of any or all of the offices, agencies,
departments, programs, and operations for which the county is
responsible. The council may exercise its authority to conduct
performance audits through the hiring of a qualified in-house
auditor or through the hiring of a qualified auditor or both. The
scope of the audit shall be in accordance with the terms of an
assignment referred to the office of the county clerk by the
county council or a written contract to be approved by the council
and signed by the presiding officer of the council, but may
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include the following activities :
(1 ) Examination and testing of county offices' ,
agencies' programs' and departments' implementation processes
to determine whether the laws, policies and programs of the
county are being carried out in the most effective, efficient
and economical manner.
(2 ) Examination and testing of the internal control
systems of offices, agencies, programs, operations and
departments to ensure that such systems are properly designed
to safeguard public assets against loss from waste, fraud,
error, to promote efficient operations, and to encourage
adherence to prescribed management policies .
Said assignment or contract shall encourage recommendations for
changes in the organization, management and processes which will
produce greater efficiency and effectiveness in meeting the
objectives of the programs or operations carried out by the
respective county agencies, departments, offices, programs, and
operations, and shall provide for the completion of the audit
within one calendar year. A copy of the audit report shall be
filed with the county clerk and shall be public record. (Amended
2000 )
Section 3. 13 . Creation of a General Debt .
A. The council by the affirmative vote of at least five
members may authorize the issuance of general obligation bonds in
accordance with the Constitution and laws of the State of Hawaii .
B. Each bond authorization shall specify the purpose for
which moneys are to be borrowed and the maximum amount of bonds to
be issued for that purpose.
C. Notwithstanding any limitation contained in this charter.
the council may accept and receive participating or
nonparticipating federal and state loans for public improvement
projects or other purposes, the aggregate of which. together with
any bonded indebtedness outstanding, shall not at any time exceed
the total bonded indebtedness authorized by the Constitution of
the State of Hawaii .
D. The council may provide for the refunding of general
obligation bonds .
Section 3. 14 . Creation of Special Assessment Debt. The council
may authorize the issuance of improvement bonds to finance
assessable public improvements in the manner provided by law.
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Section 3. 15 . Revenue Bond Indebtedness . The council may
authorize the issuance of revenue bonds for the purpose of
initiating, constructing, acquiring, extending, replacing or
otherwise improving any revenue-producing facility as provided by
law.
Section 3. 16. Temporary Borrowing.
A. The council may borrow money in any fiscal year in
anticipation of revenues to be derived from taxes for that year,
and for any of the purposes to which the revenues are
appropriated. No such borrowing shall be in excess of twenty-five
per cent (250 ) of the amount of the uncollected taxes of that
year.
B. When any warrants are presented to the county for payment
and the same are not paid for lack of funds, the director of
finance shall issue a warrant note, equal in amount to the face
value of the warrant or warrants so presented for payment. The
warrant note shall be in a form and shall be due at a date
prescribed by the director of finance. It shall bear interest at
the lowest obtainable rate. The notes shall be a first charge on
the moneys of any fund against which the warrants are issued.
C. The council upon recommendation of the [mayor] county
manager may authorize the director of finance to obtain temporary
loans from the State .
Section 3. 17 . Investigation. The council or any authorized
committee thereof shall have the power to conduct investigations
of the operation of any agency or function of the county and any
subject upon which the council may legislate. In investigations,
the presiding officer shall have the right to administer oaths and
in the name of the council to subpoena witnesses and compel the
production of books and papers pertinent thereto . If any person
subpoenaed as a witness, or to produce any books or papers called
for by the process of the council or committee shall fail or
refuse to respond thereto. the circuit court upon request of the
council shall have power to compel obedience to any process of the
council and require such witness to answer questions put to him as
aforesaid, and to punish as a contempt of the court, any refusal
to comply therewith without good cause shown therefor.
False swearing by any witness shall constitute perjury and be
punished as such, and whenever the council is satisfied that a
witness has sworn falsely in any hearing or investigation, it
shall report same to the county attorney for prosecution. In any
investigation which concerns the alleged gross misconduct or
alleged criminal action on the part of any individual, such
individual shall have the right to be represented by counsel, the
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right of reasonable cross-examination of witnesses and the right
to process of the council to compel the attendance of witnesses in
his behalf.
Section 3 . 18 . Restrictions on County Council and Council members .
The council and its members shall not interfere with the
administrative processes delegated to the [mayor] county manager.
Except for the purpose of investigative inquiries under Section
3. 17 , the council or its members, in dealing with county
employees, or with county officers who are subjected to the
direction and supervision of the [mayor] county manager, shall
deal solely through the [mayor] county manager. and neither the
council nor its members shall give orders to any such employee or
officer either publicly or privately. Any willful violation of
the provisions of this section by a member of the council shall be
sufficient grounds for an action for his removal from office .
Section 3. 19 . Implementation of the General Plan
A. The power to process and to issue any zoning, use,
subdivision, or variance permit for more than one transient
accommodation unit shall be vested in and exercisable exclusively
by the council . As used in this Section, "transient accommodation
unit" shall mean an accommodation unit or a portion thereof in a
hotel, timeshare facility, resort condominium, fractional
ownership facility, vacation rental unit or other similarly-used
dwelling that is rented or used by one or more persons for whom
such accommodation unit is not the person' s primary residence
under the Internal Revenue Code.
B. Any applicant seeking the issuance of a zoning, use,
subdivision or variance permit for more than one accommodation
unit shall certify to the planning department whether any use of
the units as a transient accommodation unit is projected by the
applicant. Prior to granting any such permit for a transient
accommodation unit, the council shall conduct a public hearing and
make a finding that granting such permit would be consistent with
the planning growth range of the general plan and in the best
interest of the county and its people. Approval of any such
application shall require a favorable vote of two thirds (2/3 ) of
the entire membership of the council . Appeals of any decision by
the council relating to such permits must be instituted in the
circuit court within thirty (30) days after entrance of the final
decision of the council .
C. The council may by ordinance authorize the planning
commission to process and issue such permits, or certain of them,
on terms and conditions as the council may deem advisable, only
upon the council' s enactment of a rate of growth ordinance that
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limits the rate of increase in the number of transient
accommodation units in the county to no greater than one-and-one-
half percent (1 . 50) per annum on a multi-year average basis, or
such growth rate that is within the planning growth range of a
future general plan adopted pursuant to Section 14 . 08 .
D. The council shall adopt such ordinances, laws, rules and
regulations as are necessary to carry out the terms and intent of
this amendment to the Charter.
E. If any provision of this amendment shall be held by a
final order of a court of competent jurisdiction to be invalid,
all of the other terms of the amendment shall remain in full force
and effect . (Amended 2008 )
Section 3 . 20 Employment of a County Manager. The council is
empowered to employ a county manager on such terms and conditions
as the council may deem advisable, and notwithstanding Section
29 . 01 hereof, to set and change from time to time the compensation
to be paid to such county manager. The county manager is employed
under contract and such contract shall not restrict the council
from, whatever the council may determine such action to be
advisable, terminating the employment of the county manager.
ARTICLE IV
ORDINANCES AND RESOLUTIONS
Section 4 . 01 . Actions of the Council . Every legislative act of
the council shall be by ordinance except as otherwise provided.
Non-legislative acts of the council may be by resolution.
Transfer of funds within the same department, whether in the
operating budget or capital budget, may be effected by resolution.
The enacting clause of every ordinance shall be "Be it ordained by
the council of the county of Kauai : " and the enacting clause of
every resolution shall be "Be it resolved by the council of the
county of Kauai : "
Section 4 . 02 . Introduction, Consideration and Passage of
Ordinances and Resolutions .
A. Every proposed ordinance shall be initiated as a bill and
shall be passed only after two readings on separate days . The vote
on final passage shall be taken by ayes and noes and entered in
the journal . Full readings of bill may be waived by vote or a
majority of the council .
B. Every ordinance shall embrace but one subject, which shall
be expressed in its title.
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C. No bill shall be so amended as to change its original
purpose. Every bill, as amended, shall be in writing before final
passage.
D. When a bill fails to pass on final reading and a motion is
made to reconsider, the vote on such motion shall not be acted
upon before the expiration of twenty-four (24 ) hours .
E. Except as otherwise provided in this charter, resolutions
may be adopted on one reading. The reading shall be in full except
by a majority consent of all councilmen present, in which case the
reading may be by title only.
F. Bills embracing ( 1 ) the fixing of special assessments for
the cost or improvements, ( 2 ) the appropriation of public funds or
the authorization of the issuance of general obligation bonds or
(3 ) the imposition of a duty or penalty on any person, shall pass
first reading by ayes and noes, and digests of such bills shall be
advertised once in a newspaper of general circulation in the
county, at least seven days before final reading by the council .
Copies of such bills shall be filed for use and examination by the
public in the office of the county clerk at least seven days prior
to the final reading thereof.
G. Upon the request of a majority of the council, a public
hearing shall be held on any proposed ordinance or resolution.
Notice of the public hearing shall be by publication in a
newspaper of general circulation in the county, and the public
hearing shall be held not earlier than seven days prior to the
final reading on the proposed ordinance or resolution.
H. All ordinances shall be promptly advertised once by title
in a newspaper of general circulation in the county with the ayes
and noes after enactment. Unless otherwise provided, resolutions
need not be advertised either before or after adoption.
I . Resolution authorizing proceedings in eminent domain shall
not be acted upon on the date of introduction, but shall be laid
over for at least fourteen ( 14 ) days before adoption. Such
resolutions shall be advertised once in a newspaper of general
circulation in the county at least fourteen (14 ) days before
adoption by the council . Copies of such resolutions shall be filed
for use and examination by the public in the office of the county
clerk at least fourteen (14 ) days prior to the adoption thereof.
Upon adoption, every such resolution shall be presented to the
mayor, and he may approve or disapprove it pursuant to applicable
provisions governing the approval or disapproval of bills .
J. The council may adopt resolutions for the purpose of
marking roads or regulating and adjusting the movement of traffic
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and pedestrians in connection with traffic ordinances, and such
resolutions need not be published; provided, that no person shall
be punished for violating such resolutions so adopted unless the
regulation, mark or adjustment sought to be effected is clearly
indicated in the places where effective by legible markers or
signs .
K. Emergency Ordinances . To meet a public emergency
affecting life, health or property, the county council may adopt
one or more emergency ordinances, but such ordinances may not be
used to levy taxes, regulate the rate charged by any public
utility for its services, or authorize the borrowing of money.
(1 ) Every emergency ordinance shall be plainly designated as
such and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing the claimed
emergency in clear and specific terms . Except as thus indicated,
it shall be introduced in the form and manner prescribed for
ordinances generally. An emergency ordinance may be considered
and may be adopted with or without amendment or rejected at the
meeting at which it is introduced. The affirmative vote of all
council members present, or the affirmative vote of three-fourths
of those elected, shall be required for adoption of such an
ordinance. After adoption of an emergency ordinance, the council
shall cause it to be printed and published as prescribed for other
adopted ordinances .
(2 ) Every emergency ordinance, including any amendments made
thereto after its adoption, shall automatically stand repealed as
of the sixty-first ( 61st) day following the date on which it was
adopted.
[Section 4 . 03. Submission of Ordinances to the Mayor.
A. Every bill which has passed the council and has been duly
authenticated by the county clerk and the presiding officer, shall
be presented to the mayor for his approval . If he approves it, he
shall sign it and it shall then become an ordinance. If he
disapproves it, he shall specify his objections thereto in writing
and return the bill to the county clerk with his objections within
ten days, excluding Saturdays, Sundays and holidays after
receiving it . If he does not return it with his disapproval
within that time, it shall take effect as if he had signed it.
The objections of the mayor shall be entered in the journal of the
council and the council may, after five and within thirty (30)
days after the bill has been so returned, reconsider the vote upon
the bill . If the bill, upon reconsideration, is again passed by
the affirmative vote of five members of the council, the presiding
officer shall verify that fact on the bill and when so certified,
the bill shall then become an ordinance with like effect as if it
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had been signed by the mayor. If the bill fails to receive the
vote of at least five members of the council . it shall be deemed
void.
B. If any bill is presented to the mayor appropriating money,
he may veto any item or items or appropriations therefor by
striking out or reducing the same. In case of such a veto, the
mayor shall append to the bill at the time of signing it a
statement of the item or items or portion or portions thereof to
which he objects and the reasons therefor. Each item so vetoed
may be reconsidered by the council in the same manner as bills
which have been disapproved by the mayor. ]
Section 4 . 04 . Amendment, Revision or Repeal : Adoption of Codes by
Reference.
A. No ordinance shall be amended, revised or repealed by the
council except by ordinance. No resolution shall be amended,
revised or repealed except by resolution, but a resolution may be
superseded by a subsequent ordinance.
B. Any ordinance or resolution may be repealed by reference
to its number or section number. Revisions or amendments may be
made in the same manner but the same, or the section, subsection
or paragraph thereof, revised or amended, shall be re-enacted at
length as revised or amended; but when the amendment consists of
adding new sections, subsections, paragraphs, or substituting a
word, term or number, it shall be sufficient to enact the new
matter alone if reference thereto is made in the title.
C. Any code or portions thereof may be adopted by reference
thereto by the enactment of an ordinance for that purpose. 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 use and examination by the public in the office of the
county clerk not less than fifteen ( 15 ) days prior to the final
reading thereof. and notice of the availability of said copies
shall be published by the clerk.
Section 4 . 05 . Codification of Ordinances .
A. Within two years of the effective date of this charter,
the council shall cause a code to be prepared and published,
containing all of the ordinances of the county which are
appropriate for continuation as law. Such a code shall be
prepared and published at intervals of every ten years thereafter.
The code may be prepared by the county attorney, or the council
may contract for its preparation by professional persons or
organizations experienced in the revision and codification of
ordinances or statutes .
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B. The code may be adopted by reference by the passage of an
ordinance for that purpose. Copies of the code shall be made
available to the public at a reasonable price prior to and after
its adoption.
C. All proposed ordinances of general application introduced
after the approval of the code shall be adopted as amendments of
or additions to the code and by reference thereto.
ARTICLE V
COUNTY CLERK
Section 5. 01 . Powers, Duties and Functions,
A. The council shall appoint and may remove the county clerk.
The salary of the county clerk shall be set pursuant to Article
XXIX of this Charter. (Amended 2006)
B. The county clerk shall :
(1 ) Be the clerk of the council .
(2 ) Take charge of safety keep and dispose of all books,
papers and records which may properly be filed in his office and
keep in separate files all ordinances, resolutions and regulations
and cumulative indices of the same, or exact copies thereof,
enacted or adopted by the council .
(3 ) Have custody of the county seal, which shall be used to
authenticate all official papers and instruments requiring
execution or certification by the county clerk in the exercise of
his office .
( 4 ) Conduct all elections held within the county pursuant to
this charter, the laws of the State of Hawaii or the United States
of America .
(5 ) Perform other functions as required by this charter, by
law or assigned by the council .
C. The county clerk may appoint the necessary staff for which
appropriations have been made by the council with the same powers
with respect to the personnel of his office as the department
heads in the executive branch.
ARTICLE VI
EXECUTIVE BRANCH
Section 6. 01 . Executive Power. The executive power of the county
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shall be vested in and exercised by the executive branch, which
shall be headed by the [mayor] county manager.
Section 6. 02 Term of Office and Compensation. The county manager
shall be appointed by and shall serve at the pleasure of the
county council and shall be compensated in accordance with the
provisions of Article XXIX of this Charter.
Section 6. 03 Qualifications . The county manager shall have at a
minimum a masters degree with a concentration in public
administration or equivalent from an accredited college or
university with two years experience in a managerial or
administrative position in government or a bachelors degree and
five years of such experience. Comparable education and
experience in non-public administration may be accepted by the
council upon an affirmative vote of five of its members .
Section 6. 04 Powers, duties and function. The county manager
shall be the chief executive officer of the county and shall have
the power and duty to:
A. Except as otherwise provided, exercise direct supervision
over all departments and coordinate all administrative
functions to see that they are honestly, efficiently and
lawfully conducted.
B. Appoint the necessary members of his staff and other
employees and officers whose appointments are not provided
herein.
C. Create positions authorized by the council and for which
appropriations have been made, or abolish positions .
D. Make temporary transfers of positions between departments or
between subdivisions of departments .
E. Recommend to the salary commission for its consideration a
pay plan for all department heads, officers and employees who
are exempt from civil service and the position classification
system.
F. Submit operating and capital budgets, together with a capital
program annually to the council for its consideration and
adoption.
G. Sign instruments requiring execution by the county, including
deeds and other conveyances, except those which the director
of finance is authorized by this charter, ordinance or
resolution to sign.
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H. Present messages or information to the council which in his
opinion are necessary or expedient .
I . In addition to the annual report, make periodic reports
informing the public as to county policies, programs and
operation.
J. Have a voice but no vote in the proceedings of the county
council and its committees and all boards and commissions .
K. Enforce the provisions of this charter, the ordinance and all
applicable laws .
L. Provide such reports to the council as it may from time to
time request .
M. Exercise such other powers and perform such other duties a
may be prescribed by this charter or by ordinance.
Section [6. 02] 6. 05 . Organization. [Except as otherwise provided,
within six months after the effective date of this charter, the
mayor shall recommend and the] The council shall by ordinance
adopt an administrative code providing for a complete plan of
administrative organization of the executive agencies of the
county government consistent with the provisions of this charter.
Upon recommendation of the [mayor] county manager, the council
may, by a vote of five members, change, abolish, combine or re-
arrange the executive agencies of county government.
New functions may be assigned by the [mayor] county manager to
existing agencies, but to the extent that this is not practicable,
the council by a vote or five members may upon the recommendation
of the [mayor] county manager create additional departments .
Section [6. 03] 6. 06. Creation of Advisory Committees . The
[mayor] county manager or department heads, with the approval of
the [mayor] county manager, may each appoint advisory committees .
Such advisory committees shall not exist beyond the term of
office of the appointing authority. The members of advisory
committees shall not be paid, but their authorized expenses shall
be paid from appropriations to the appointing authority. Advisory
committees shall have no employees but each appointing authority
shall cause employees of the department to furnish such services
as may be needed by the committees .
Section [6. 04] 6. 07 . Appointment and Removal of Officers and
Employees .
A. The administrative assistant to the [mayor] county
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manager, the county manager' s staff and all department heads shall
be appointed and may be removed by the [mayor] county manager,
except as otherwise provided by this charter.
B. Department heads may appoint the necessary staff for which
appropriations have been made by the council . Department heads
may also suspend, discharge or discipline subordinate employees as
may be necessary for the proper conduct of the departments and
subject to the classification and civil service laws .
Section [6. 05] 6. 08 Powers and Duties of Heads of Executive
Agencies .
A. Subject to the provisions of this charter and applicable
regulations adopted thereunder, the heads of the executive
agencies of the county government are empowered to assign and
reassign duties, supervise, manage, and control all employees and
shall have the power and duty to make all personnel actions as
provided by law.
B. Each head of an executive agency of county government may,
subject to the approval of the [mayor] county manager, prescribe
such rules as are necessary for the organization and internal
administration of the respective executive agencies .
Section 6. 09 Vacancy. During the temporary absence from the
county or temporary disability of the county manager, or in case
of a vacancy in the office of the county manager, until a new
county manager is appointed, the administrative assistant shall
act as county manager. In the event both the county manager and
The administrative assistant are temporarily absent or disabled,
the finance director shall act as county manager during said
period.
ARTICLE VII
MAYOR
Section 7 . 01 . Election and Term of Office. The electors of the
county shall elect a mayor whose term of office shall be four
years beginning at twelve o ' clock meridian on the first working
day of December following his election. No person shall serve as
mayor for more than two consecutive full terms .
The Four year term for mayor shall apply commencing with the 1990
General Election. (Amended 1980, 1984, 1988 )
Section 7 . 02 . Qualifications . Any citizen of the United States
not less than thirty (30) years of age who has been a duly
qualified resident elector of the county for at least three years
immediately prior to his election shall be eligible for election
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to the office of mayor. Upon removal of his residence from the
county, the mayor shall by that fact be deemed to have vacated his
office. (Amended 1980)
Section 7 . 03. Compensation. The salary of the mayor shall be
$19, 000. 00 per annum which shall be subject to change by the
council . The salary of any incumbent shall be reduced only in the
event that a general reduction in salaries of all county officers
and employees is simultaneously effected.
Section 7 . 04 . Contingency Fund. The council shall provide in the
annual budget a contingent fund of not less than $2, 500 . 00 to be
expended by the mayor for such public purposes as he may deem
proper.
Section 7 . 05. Powers, Duties and Functions . The mayor shall serve
as the chair of the county council . The mayor shall also act as
the representative of the county in its relations with other
government bodies, shall perform such duties as may be provided in
state or county laws and shall perform such duties as may be
prescribed by the council . [be the chief executive officer of the
county. He shall have the power to :
A. Except as otherwise provided, exercise direct supervision
over all departments and coordinate all administrative activities
and see that they are honestly, efficiently and lawfully
conducted.
B. Appoint the necessary members of his staff and other
employees and officers whose appointments are not provided herein.
C. Create positions authorized by the council and for which
appropriations have been made, or abolish positions, but a monthly
report of such actions shall be made to the council .
D. Make temporary transfers of positions between departments
or between subdivisions of departments .
E. Recommend to the council for its approval a pay plan for
all officers and employees who are exempt from civil service and
the position classification plan and who are not included in
Section 3-2 . 1 of the Kauai County Code 1987 , as amended. (Amended
2006)
F. Submit operating and capital budgets, together with a
capital program annually to the council for its consideration and
adoption.
G. Sign instruments requiring execution by the county,
including deeds and other conveyances, except those which the
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director of finance or other officer is authorized by this
charter, ordinance or resolution to sign.
H. Present messages or information to the council which in
his opinion are necessary or expedient .
I . In addition to the annual report, make periodic reports
informing the public as to county policies, programs and
operations .
J. Approve or veto ordinances and resolutions pertaining to
eminent domain proceedings .
K. Have a voice but no vote in the proceedings of all boards
and commissions .
L. Enforce the provisions of this charter, the ordinances of
the county and all applicable laws .
M. Exercise such other powers and perform such other duties
as may be prescribed by this charter or by ordinance. ]
Section 7 . 06 Boards and Commissions Administrator.
A. There shall be a boards and commissions administrator and
any necessary staff. The administrator shall have such training,
education or experience as shall qualify the administrator to
perform the duties described in this section. The administrator
shall be appointed and may be removed by the [mayor] county
manager.
B. The administrator shall assist in providing administrative
and operational support to the various county boards and
commissions . Such support shall include, but not be limited to:
assisting in the recruitment, orientation, education, and training
of board or commission members regarding their powers, duties,
functions, and responsibilities under the charter, especially as
such powers, duties, functions, and responsibilities may relate to
the particular board or commission to which they have been
appointed; helping to educate such members about applicable state
and county ethics laws and the State Sunshine Law; assisting the
[Office of the Mayor] county manager to fill any vacancies on any
board or commission; being a resource to assist the various county
boards or commissions in gathering such information, documents,
and data as such boards or commissions may deem necessary to
perform its functions; serving as a communications liaison between
boards and commissions and the various county departments,
offices, and agencies that such boards and commissions may
interact with, to help ensure that various boards' and
commissions' information needs are addressed in timely fashion.
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C. The [mayor] county manager and council shall provide an
annual appropriation sufficient to provide the administrator with
adequate personnel and administrative, operational, and clerical
support to carry out the administrator' s functions .
Section 7 . 07 Vacancy in Office A. In the event of a vacancy
in the office of the mayor, the council shall select, by majority
vote, one of its members [as mayor] to serve until the next
general election and assumption of office in December by the
person elected mayor. The vacancy in the council shall be filled
as provided for in Article III, Section 3 . 05 of the charter. In
the event the vacancy occurs prior to the mid-term election, the
person elected mayor in the general election shall serve only for
the unexpired term of the mayor elected in the prior election. In
the event the vacancy occurs later than three (3 ) days prior to
the closing date for filing of nomination papers for the mid-term
election, the mayor selected by the council shall continue to
serve for the remainder of the term of the person he succeeded.
The foregoing provisions shall also apply in the event the person
elected as mayor dies before taking office. (Amended 1980)
B. During the temporary absence from the county or temporary
disability of the mayor, or in case of a vacancy in the office of
the mayor, until a new mayor is appointed or elected, the
[administrative assistant] vice-chair of the council shall act as
mayor. [In the event both the mayor and the administrative
assistant are temporarily absent or disabled, the finance director
shall act as mayor during said period. ]
(1 ) The [mayor] county manager shall appoint and may remove an
administrative assistant whose qualification shall be the same for
the position of mayor. The salary for the administrative
assistant shall be set pursuant to Article XXIX of this Charter.
The administrative assistant shall serve as the [mayor' s] county
manager' s principal administrative aide. (Amended 2006)
C. In the event the person elected as mayor dies before
taking office, the [person serving as administrative assistant at
the termination of the prior term] vice-chair of the council shall
[continue to] serve as acting mayor until a new mayor is elected.
ARTICLE VIII
COUNTY ATTORNEY
Section 8 . 01 . Organization. There shall be an office of the county
attorney which shall be headed by the county attorney.
Section 8 . 02 . Appointment and Removal . The county attorney shall
be appointed and may be removed by the [mayor] county manager, with
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the approval of the council .
Section 8 . 03 . Qualifications . The county attorney shall be an
attorney licensed to practice and in good standing before the
supreme court of the State of Hawaii and shall have engaged in the
practice of law in the State for at least three years .
Section 8 . 04 . Powers, Duties and Functions . The county attorney
shall be the chief legal adviser and legal representative of all
agencies, including the council, and of all officers and employees
in matters relating to their official powers and duties, and he
shall represent the county in all legal proceedings . He shall
perform all other services incident to his office as may be
required by law.
Section 8 . 05 . Deputy County Attorneys . The county attorney shall
have the power to appoint such deputy county attorneys and
necessary staff as shall be authorized by the council and within
the appropriation made therefor. Such deputies shall serve at the
pleasure of the county attorney.
Section 8 . 06. Special Counsel . The council may, by vote of five
members, authorize the employment of special counsel for any
special matter necessitating such employment . Any such
authorization shall specify the compensation, if any, to be paid
for said services .
Section 8 . 07 . Service of Legal Process . Legal process against the
county shall be served upon the county attorney or any of his
deputies .
ARTICLE IX
PUBLIC DEFENDER
Section 9 . 01 . Counsel for Defense. Any person accused of any
felony or misdemeanor under the laws of the State or the county
shall be entitled to representation or assistance by counsel . The
council may by ordinance establish a system to provide counsel for
the defense of any person accused of any crime who is financially
unable to afford his own counsel .
ARTICLE IXA
PROSECUTING ATTORNEY
Section 9A. 01 . Election and Term of Office. The electors of the
county shall elect a prosecuting attorney, whose term of office
shall be four years beginning at twelve o ' clock meridian on the
first working day of December following his election. (Amended
1972, 1980, 1984 )
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Section 9A. 02 . Qualifications . The prosecuting attorney shall be
an attorney licensed to practice and in good standing before the
Supreme Court of the State of Hawaii and shall have engaged in the
practice of law in the State for at least three years . He shall
also have been a duly qualified elector of the county for at least
one year immediately preceding his election. (Amended 1972 )
Section 9A. 03. Powers, Duties and Functions . The prosecuting
attorney shall :
A. 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.
B. Prosecute offenses against the laws of the State under the
authority of the Attorney General of the State.
C. 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.
D. Institute proceedings, or direct the chief of police to do
so, before the district judge for the arrest of persons charged
with or reasonably suspected of public offenses, when he has
information that any such offenses have been committed, and for
that purpose take charge of criminal cases before the district
judge, either in person or by a deputy or by such other
prosecuting officer as he shall designate.
E. 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 all courts of the State
under the direction on the prosecuting attorney. (Amended 1972 )
Section 9A. 04 . Staff. The prosecuting attorney may appoint
deputies, investigators, and other necessary staff. The deputy
who is designated as first deputy shall, during the temporary
absence or disability of the prosecuting attorney, assume the
power and perform the duties of the prosecuting attorney. (Amended
1972 )
Section 9A. 05. Vacancy in Office. A vacancy in the office of
prosecuting attorney shall be filled in the following manner:
A. if the unexpired term is less than a year, the first
deputy shall act as prosecuting attorney. If the position of
first deputy is vacant or if the first deputy is unable to so act,
the mayor with the approval of the council shall fill the vacancy
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by appointment of a person with requisite qualifications within
thirty days after the occurrence of the vacancy.
B. If the unexpired term is for eighteen (18 ) months or more,
or in the event the person elected as prosecutor dies before
taking office, or is unable to qualify, then the vacancy shall be
filled by a special primary election and a special general
election, patterned after the primary and general election laws or
the State, insofar as applicable. The special primary election
shall be called by the council and held within forty-five ( 45)
days after the occurrence of the vacancy. The special general
election shall be held thirty ( 30 ) days after the special primary
election. Pending a special election, the first deputy shall act
as prosecuting attorney. (Amended 1972 )
ARTICLE X
DEPARTMENT OF FINANCE
Section 10. 01 . Organization. There shall be a department of
finance consisting of the director of finance and the necessary
staff.
Section 10. 02 . Appointment and Removal of Director or Finance.
The director of finance shall be appointed and may be removed by
the [mayor] county manager.
Section 10. 03 . Qualifications . The director of finance shall have
had a minimum of five years of training or experience in fiscal
management or accounting, at least three years of which shall have
been in a responsible administrative capacity.
Section 10. 04 . Powers, Duties and Functions . The director of
finance shall be the chief accounting, fiscal and budget officer
of the county and shall :
A. Prepare the annual budget ordinance under the direction of
the [mayor] county manager.
B. Supervise and be responsible for the disbursement of all
moneys and have control over all expenditures to ensure that
budget appropriations are not exceeded.
C. Maintain a general accounting system for the county
government and each of its offices, departments and agencies; keep
books for and exercise financial budgetary control over each
office, department and agency, except as otherwise provided by
this charter or by law; audit the books and accounts of all county
offices, departments and agencies authorized or required by this
charter or by law to maintain and keep books .
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D. Prepare for the [mayor] county manager for submission to
the council a quarterly statement of all receipts and
disbursements in sufficient detail to show the exact financial
condition of the county and a general projection of financial
conditions for the remainder of the fiscal year.
E. Prepare for the [mayor] county manager at the end or each
fiscal year a complete financial statement and report.
F. Maintain the treasury and deposit moneys belonging to the
county in depositories authorized by law.
G. Be responsible for the management of county funds,
including the short-term investment of cash which is in excess of
immediate requirements .
H. Contract for services of independent contractors, purchase
materials, supplies and equipment, and permit disbursements to be
made pursuant to the provisions under this charter.
I . Be responsible for issuing and selling, paying interest on
and redeeming bonds of the county.
J. Prepare and issue warrants .
K. Purchase, lease, rent, or otherwise acquire or secure the
use of real or personal property and manage, operate, encumber or
dispose of the same as the interest of the county may require.
L. Rent or lease county property and award concessions
pursuant to policies established by the council, except property
controlled by the board of water supply.
M. Collect all moneys due the county or for the collection of
which the county is responsible, and receive all moneys receivable
by the county from any source.
N. Maintain an inventory of all lands, structures,
transmission and distribution systems, streets and roadways and
other permanent improvements owned, leased, rented or controlled
by the county.
O. Maintain an inventory of all equipment owned or controlled
by the county.
P. Review assessment rolls for assessable public improvements
prior to approval by the council and issue bills therefor after
such approval has been given.
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Q. Have custody of all official bonds, except the bond of the
director of finance, which shall be in the custody of the county
clerk.
R. Provide a continuous internal audit and program of
efficiency studies of all county activities and county departments
and provide an annual report of such studies to the council .
(Amended 2000)
S. Prepare and process applications for state, federal or
other funds on behalf of the county.
T. Operate and manage the real property tax functions as
established by ordinance. (Amended 1980)
U. Perform such other duties and functions prescribed by law
or assigned by the [mayor] county manager.
Section 10 . 05. Cash Count . The director of finance or a
designated assistant and the county clerk shall jointly at least
once in every three months and at such other times as may be
deemed necessary verify the amount of money in the treasury and
make a certified report showing:
A. The amount or money that should be in the treasury.
B. The amount and kind of money actually therein.
A signed copy of such report shall be filed with the [mayor] county
manager and the council .
ARTICLE XI
POLICE DEPARTMENT
Section 11 . 01 . Organization. There shall be a police department
consisting of a police commission, a chief of police and the
necessary staff. (Amended 1984 )
Section 11 . 02 . Police Commission. The police commission shall
consist of seven members appointed by the [mayor] county manager
with the approval of the council . The commission shall hold
regular public meetings at a designated time and place. (,Amended
1984, 2006)
Section 11 . 03. General Powers of the Commission. The police
commission shall :
A. Adopt such rules as it may consider necessary for the
conduct of its business and the regulations of matters relating to
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the goals and aims of the department .
B. Review the annual budget prepared by the chief of police
and may make recommendations thereon to the mayor.
C. 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
within ninety days .
D. Refer all matters relating to administration of the
department to the chief of police.
E. Adopt such rules to regulate political activities of the
members of the police department . (Amended 1984 )
Section 11 . 04 . Chief of Police. The chief of police shall be
appointed by the police commission. He may be removed by the
police commission only after being given a written statement of
the charges against him and a hearing before the commission. The
chief of police shall have had a minimum of five years of training
and experience in law enforcement, at least three years of which
shall be in a responsible, administrative capacity. He shall make
such reports from time to time as the commission shall require,
and shall annually make a report to the commission of the state of
affairs and condition of the police department . (Amended 1984 )
Section 11 . 05 . Powers, Duties and Functions . 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, preservation of life, protection of the rights of persons and
property, and enforcement and prevention or violations of law.
B. Train, equip, maintain and supervise the force of police
officers .
C. Be responsible for traffic safety and traffic safety
education.
D. Serve process both in civil and criminal proceedings .
E. Perform such other duties as may be required by law or as
may be assigned by the commission.
F. Promulgate rules and regulations necessary for the
organization and internal administration of the department.
(Amended 1984 )
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Section 11 . 06. Discipline and Removal . The dismissal, suspension,
or demotion of any police officer or employee in the police
department shall be under procedures set forth by civil service
laws and regulations . (Amended 1984 )
Section 11 . 07 Appeals . Appeals from personnel actions shall be in
accordance with the applicable collective bargaining agreement
executed pursuant to the provisions presently contained in
Chapters 76 and 89 or the Hawaii Revised Statues . (Amended 1984 )
ARTICLE XII
FIRE DEPARTMENT
Section 12 . 01 . Organization. There shall be a fire department
consisting of a chief, a fire commission, and the necessary staff.
(Amended 2006)
Section 12 . 02 . Fire Chief. The fire chief shall be appointed and
may be removed by the fire commission. He shall have had a
minimum of five years of training and experience in fire
prevention and control in private industry or government service,
at least three years of which shall have been in a responsible
administrative capacity. (Amended 1980, 2006)
Section 12 . 03 Powers, Duties, and Functions . The fire chief shall
be the administrative head of the fire department and shall :
A. Appoint, train, equip, supervise and discipline the
personnel of the fire department in accordance with department
rules and civil service regulations .
B. Provide an effective program and leadership for county-
wide fire prevention, fire control and rescue operations .
C. Control, manage and account for all property in the
custody of the fire department .
D. Execute such other powers and duties as may be prescribed
by law or assigned by the [mayor] county manager.
Section 12 . 04 . Fire Commission. There shall be a fire commission
consisting of seven members . Commission members shall be
appointed by the [mayor] county manager and approved by the council
and be otherwise governed by the provisions of section 23 . 02 of
the charter.
Section 12 . 05. Powers, Duties, and Functions of the Fire
Commission. The fire commission shall :
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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] county manager and the
council .
C. Review the department' s operations, as deemed necessary,
for the purpose 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 and the council .
E. Hear complaints of citizens concerning the department or
its personnel and, if the commission deems necessary, make
recommendations to the fire chief on appropriate corrective
actions .
F. Submit an annual report to the mayor and the council
regarding 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.
(Amended 2006)
ARTICLE XIII
DEPARTMENT OF PUBLIC WORKS
Section 13. 01 . Organization. There shall be a department of Public
works consisting of a county engineer and the necessary staff.
Section 13. 02 . County Engineer. The county engineer shall be
appointed and may be removed by the [mayor] county manager. He
shall be a registered engineer an shall have had a minimum of five
years of training and experience in an engineering position, at
least three years of which shall have been in a responsible
administrative capacity. (Amended 1980 )
Section 13. 03 . Powers, Duties and Functions . The county engineer
shall be responsible for the administration of the department of
public works and shall :
A. Perform all engineering, designing, planning and
construction of all public facilities and improvements undertaken
by the county.
B. Maintain, repair and upkeep all county facilities and
improvements .
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C. Collect and dispose garbage and refuse.
D. Examine and enforce the construction requirements and
standards of all public and private construction and improvements
in accordance with the building code, subdivision code or such
other regulations as may be in effect in the county.
E. Design, install, inspect, maintain and repair all traffic
signs, traffic control facilities and devices and street lighting
system.
F. Perform such other duties as may be assigned by the
[mayor] county manager or prescribed by law.
ARTICLE XIV
PLANNING DEPARTMENT
Section 14 . 01 . Organization. There shall be a planning department
consisting of a planning commission. a planning director and the
necessary staff.
Section 14 . 02 . Planning Commission Organization. The planning
commission shall consist of seven members . At least two members
shall have knowledge and awareness of environmental concerns by
way of the person' s education, training, occupation or experience;
at least two members shall have knowledge and awareness of
business concerns by way of the person ' s education, training,
occupation, or experience; and at least two members shall have
knowledge and awareness of organized labor concerns by way of the
person ' s education, training, occupation, or experience.
This amendment shall take effect upon its approval, and apply
to appointments or reappointments made thereafter. All planning
commission members presently serving may continue to serve their
remaining terms notwithstanding this amendment, The mayor shall
phase in this requirement in any order the mayor deems appropriate
as terms expire or vacancies arise. At the time of appointment,
the mayor shall declare which interest the appointee represents .
(Amended 1992 )
Section 14 . 03. Duties and Functions of the Planning Commission.
The planning commission shall :
A. Advise the [mayor] county manager, council and planning
director in matters concerning the planning program for the
county.
B. Review the general plan and development plans and
modifications thereof developed and recommended by the planning
director. The commission shall transmit such plans with its
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recommendations thereon, through the mayor, to the council for its
consideration and action.
C. Review zoning and subdivision ordinances and amendments
thereto developed and recommended by the planning director. The
commission shall transmit such ordinances with its recommendations
thereon, through the mayor, to the council for its consideration
and action. The commission shall recommend approval or rejection
of such ordinances in whole or in part and with or without
modifications .
D. Hear and determine petitions for varying the application
of the zoning ordinance with respect to a specific parcel of land
and may grant such a variance pursuant to variance provisions
established by the council in the zoning ordinance.
E. Adopt regulations having the force and effect of law
pertaining to the responsibilities of the department .
F. Prepare a capital improvement program with the advice of
the [mayor] county manager, complementing and reflecting the State
and Federal Programs for the County.
G. Perform such other related duties as may be necessary to
fulfill its responsibilities under this charter.
Section 14 . 04 . Director. The planning director shall be appointed
and may be removed by the commission. He shall have a college
degree in either planning, engineering, architecture, or he shall
have had a minimum of five years of training and experience in a
responsible planning position, at least three years of which shall
have been in an administrative capacity in charge of major
planning activities . He shall be the administrative head of the
department .
Section 14 . 05. Powers, Duties and Functions of the Director. The
planning director shall :
A. Prepare a general plan and development plans for the
improvement and development of the county.
B. Be charged with the administration of the zoning and
subdivision ordinance and the regulations adopted thereunder.
C. Prepare zoning and subdivision ordinances, zoning maps and
regulations and any amendments or modifications thereto for the
council .
D. Consolidate the lists of proposed capital improvements
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contemplated by the several departments in the order of their
priority for the county.
E. Advise the [mayor] county manager, council and planning
commission on matters concerning the planning programs of the
county.
Section 14 . 06. General Plan. The council shall adopt and may,
from time to time, modify a general plan setting forth in graphic
and textual form policies to govern the future physical
development of the county. Such plan may cover the entire county
and all of its functions and services or may consist of a
combination of plans covering specific functions and services or
specific geographic areas which together cover the entire county
and all its functions and services . The general plan shall serve
as a guide to all future council action concerning land use and
development regulations, urban renewal programs and expenditures
for capital improvements .
Section 14 . 07 . Development Plan. ' Development plan' means a
relatively detailed scheme for the replacement or use of specific
facilities within the framework of and implements the general
plan.
Section 14 . 08 . Adoption of the General Plan and Development Plans .
The council shall adopt the general plan or any development plan
by ordinance. The general plan and all development plans shall be
kept on file in the office of the planning department . The current
general plan and all development plans and all amendments thereto
adopted by resolution prior to January 2 . 1977, are hereby
ratified without further action of the council . (Amended 1976)
Section 14 . 09. Subdivision or Consolidation of Land.
A. Subdivision Ordinance. The council shall enact an
ordinance governing the subdivision or consolidation of land
pursuant to which subdivision regulations shall be promulgated.
B. Approval of Subdivisions . After the enactment of the
ordinance governing subdivisions or consolidations of land, no
land may be subdivided unless the proposed subdivision plans are
in conformity with the subdivision ordinance and regulations and
have been approved by the planning commission.
C. Regulations of the Board of Water Supply. The regulations
of the board or water supply shall govern the extent to which
water mains and all necessary appurtenances shall be installed to
and within subdivisions .
Section 14 . 10. Zoning Ordinance. The council shall enact zoning
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ordinances which shall contain the necessary provisions to carry
out the purpose of the general plan.
Section 14 . 11 . Public Hearings .
A. Prior to the recommending of the general plan or any
development plan or any zoning or subdivision ordinances or any
amendment thereto, the planning commission shall hold a public
hearing thereon at which interested persons shall be afforded a
reasonable opportunity to be heard.
B. Prior to the granting of any variance, the planning
commission shall hold a public hearing thereon at which interested
persons shall be afforded a reasonable opportunity to be heard.
Section 14 . 12 . Appeals . Appeals from any decision of the planning
commission shall be instituted in the circuit court within thirty
(30) days after service of a certified copy or the decision of the
commission. All commission proceedings and appeals shall be in
conformity with the Hawaii Administrative Procedure Act.
ARTICLE XV
DEPARTMENT OF PERSONNEL SERVICES
Section 15. 01 . Organization. There shall be a department of
personnel services consisting of a civil service commission, a
director and the necessary staff for the purpose or establishing a
system of personnel administration based upon merit principles .
devoid of any bias or prejudice and providing a systematic and
equitable classification of all positions through adequate job
evaluation.
Section 15. 02 . Civil Service Commission Organization. The civil
service commission shall consist of seven members who shall be in
sympathy with and who shall believe in the principles of the merit
system in public employment, or the members appointed, one shall
be selected from among persons employed in private industry in
either skilled or unskilled laboring positions as distinguished
from executive or professional positions . (Amended 2006)
Section 15 . 03. Powers and Duties . The civil service commission
shall :
A. Adopt rules and regulations to carry out the civil service
and compensation laws of the State and county. Such rules and
regulations shall distinguish between matters of policy left for
the determination of the commission and matters of technique and
administration to be left for execution by the director.
B. Hear and determine appeals made by any officer or employee
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aggrieved by any action of the director or by any appointing
authority. Appeal from the decision of the commission shall be as
provided by law.
C. Advise the [mayor] county manager and director of personnel
services on problems concerning personnel and classification
administration.
D. Execute such powers and duties as may be provided by law.
Section 15 . 04 . Director of Personnel Services . The director of
personnel services shall have had a minimum or five years of
training and experience in personnel administration either in
public service or private business, or both, at least three years
of which shall have been in a responsible administrative capacity
and shall be in sympathy with the principles of the merit system.
He shall be appointed and may be removed by the commission. The
director shall be the head of the department of personnel services
and shall be responsible for the proper conduct of all
administrative affairs of the department, and for the execution of
the personnel program prescribed in this charter and in the
ordinances and regulations authorized by this charter.
Section 15 . 05. Civil Service and Exemptions . All positions in the
county, except those exempted by law, shall be under civil
service.
ARTICLE XVI
LIQUOR CONTROL COMMISSION
Section 16. 01 . Organization. There shall be a department of liquor
control consisting of the liquor control commission, a director
and the necessary staff. (Amended 1980 )
Section 16 . 02 . Liquor Control Commission. The liquor control
commission shall consist of seven members . (Amended 2006)
Section 16. 03 . Disqualifications of Liquor Control Commissioners .
No person shall be a member or the liquor control commission who
is or becomes engaged, or is directly or indirectly interested in
any business for the manufacture or sale of liquor who advocates
or is or becomes a member of, or is identified or connected with,
any organization or association which advocates prohibition; who
is an elected officer of the State or county government or who
presents himself as a candidate for election to any public office
during the term of his appointment hereunder. This provision shall
be enforced by the [mayor] county manager by the removal of the
disqualified member whenever such disqualifications shall appear.
Section 16 . 04 . Powers and Duties of Commission. The liquor
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control 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
enforce the liquor control laws .
B. Grant, refuse, suspend and revoke any licenses for the
manufacture, importation and sale of liquors .
C. Investigate violations of liquor control laws through its
inspectors, hear and determine all complaints and citations
regarding violations of liquor control laws and impose such fines
or penalties as may be provided by law upon conviction thereof.
Appeal from the decision of the commission may be made as provided
for in the Hawaii Administrative Procedure Act . (Amended 1980)
Section 16. 05 Director. The director shall be appointed and may be
removed by the liquor control commission. The director shall have
had a minimum of five years of business experience, at least three
of which shall have been in a responsible administrative capacity.
He shall be the head of the department and shall be responsible
for the management, supervision and control of all subordinate
members of the department ' s staff. (Amended 1980 )
ARTICLE XVII
DEPARTMENT OF WATER
Section 17 . 01 Organization. There shall be a department of water
supply consisting of a board of water supply, manager and chief
engineer and the necessary staff.
Section 17 . 02 Board of Water Supply Organization. The board of
water supply shall consist of seven members, four of whom shall be
appointed by the [mayor] county manager with the approval of the
council . The State district engineer of the department of
transportation, the county engineer, and the planning director
shall be ex-officio voting members of the board. The ex-officio
members shall not serve as chair or vice-chair of the board. The
board shall hold at least one regular meeting each month. It shall
adopt rules and regulations necessary for the conduct of its
business . (Amended 1980, 1996)
Section 17 . 03 Powers and Duties of the Board. The board shall
manage, control and operate the waterworks of the county and all
property thereof for the purpose of supplying water to the public,
and shall collect, receive, expend and account for all sums of
money derived from the operation thereof and all other moneys and
property provided for the use or benefit of such waterworks .
A. The board shall maintain accounts to show its complete
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financial status and the activities of management and operation
including current projects . It shall submit a written report
quarterly to the [mayor] county manager and council on its
financial status and operations . (Amended 1980 )
B. Review the State ' s and County' s general plans with the
board' s general plan for water sources and system. The board shall
transmit such review and plans through the [mayor] county manager
to the council . The board ' s general plan for water sources and
system shall implement the County' s general plan. (Amended 1980)
C. The board may provide for a reserve fund, issue revenue
bonds, provide for payment of bonds, expend bond funds and other
funds, establish rates and charges, acquire property, sue and be
sued and engage in and undertake all other activities as provided
for in Chapter 145-A, Revised Laws of Hawaii 1955, and as may be
hereafter provided for by law.
D. The board may make and, from time to time, alter, amend
and repeal rules and regulations relating to the management,
control, operation, preservation and protection of the waterworks .
Such rules and regulations shall have the force and effect of
law. Penalties for the violation of any rule or regulation shall
be set forth in the rules and regulations .
Section 17 . 04 . Staff. The board shall appoint an engineer duly
registered under Hawaii State laws pertaining to registration of
engineers . He shall be known as the manager and chief engineer
and shall be the head of the department . He shall have had a
minimum of five years of training and experience in an engineering
position, at least three years of which shall have been in a
responsible administrative capacity. He shall have the powers and
duties prescribed by the board. (Amended 1980)
ARTICLE XVIII
CIVIL DEFENSE AGENCY
Section 18 . 01 . Civil Defense Agency. There shall be a civil
defense agency whose powers, duties, functions and organization
shall be as provided by law.
Section 18 . 02 . Mayor to Declare State of Emergency. The power to
declare a state of disaster or emergency is conferred on the
mayor. The mayor may declare an emergency when the peace, life,
property, health or safety of the community are endangered, but
his failure or refusal to make such declaration shall not preclude
the county council from finding that an emergency exists providing
that the county council adopt an emergency ordinance in accordance
with the charter. (Amended 1984 )
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Section 18 . 03. Civil Defense Contingency Fund. The council shall
provide in the annual budget a civil defense contingency fund of
not less than $50, 000 . 00 to be expended by the [mayor] county
manager for public purposes during any state of emergency or
disaster. A report containing a complete accounting of all such
expenditures shall be made as soon as practicable to the council .
(Amended 1984 )
ARTICLE XIX
FINANCIAL PROCEDURES
Section 19. 01 . Fiscal Year. The fiscal year shall begin on the
first day of July and end on the thirtieth day of June of the
succeeding year. (Amended 1992 )
Section 19 . 02 . The Proposed Annual Budget Ordinance.
A. The proposed annual budget ordinance, consisting of the
operating and capital budgets for the ensuing fiscal year, shall
be prepared by the director of finance and submitted by the
[mayor] county manager to the council, together with a budget
message and any proposed revenue measure, on or before the
fifteenth day of March of each year. If the fifteenth day of March
falls on a Saturday, Sunday, or legal holiday, the proposed annual
budget ordinance shall be submitted on the prior working day.
On or before May eighth of each year, the [mayor] county
manager may submit one communication to the council which suggests
modifications to the proposed annual budget ordinance. The
communication shall describe the mayor ' s suggested modifications
to the proposed annual budget and the reasoning justifying such
modifications . (Amended 1980, 1992 )
B. On or before the date specified by the [mayor] county
manager, the head of each county department, office or agency
shall furnish the [mayor] county manager with estimates for the
ensuing fiscal year covering the revenues and expenditures of the
department, office or agency, together with such other information
as the [mayor] county manager may request.
Section 19 . 03. The proposed and adopted annual budget ordinance
shall be a balanced budget, the total expenditures and
appropriations shall not exceed the estimated revenues and other
resources . (Amended 1992 )
Section 19. 04 . The operating budget shall include salaries,
materials and supplies, including equipment and fixtures,
necessary for the upkeep, maintenance and operation of the
departmental or agency functions and other expenses incident to
the operational requirements of the department or agency.
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Section 19 . 05.
A. The capital budget shall reflect and fund the capital
program to be undertaken during the ensuing fiscal year from
current revenues; provided, however, that any project or projects
to be financed by bond fund proceeds to be undertaken during the
fiscal year shall be included and reflected as part of the capital
program.
B. Amendments to the capital budget shall constitute and be
effective to amend the capital program. (Amended 1992 )
Section 19. 06. Budget Message. The [mayor ' s] county manager
budget message shall explain the budget 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 and describe
the most important features of the budget plan. 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 .
Section 19 . 07 . Consideration and Adoption by Council .
A. Upon receipt of the proposed annual budget, the Council
shall immediately publish a notice in a newspaper of general
circulation in the county, setting forth (1 ) a summary of the
estimated revenues, including any new sources of revenues, and
expenditures; ( 2 ) that copies of the budget are available at the
office of the county clerk; ( 3) the date, time and place at which
the council will commence its public hearings upon the proposed
budget, which shall not be less than ten days after the date of
the publication of such notice.
Upon receipt of the [mayor' s] county manager' s communication
which suggests modifications to the proposed annual budget
ordinance, the council shall hold a public hearing on the
[mayor' s] county manager' s communication suggesting modifications
to the proposed annual budget ordinance. The public hearing shall
comply with the provisions of Chapter 92, Hawaii Revised Statutes,
as amended. After the public hearing and before final reading of
the proposed annual budget ordinance, the council shall approve,
deny, or receive the suggested modifications in the [mayor' s]
county manager' s communication.
Upon the conclusion of the hearings, the council may reduce
any item or items in the [mayor' s] county manager' s proposed
budget by a majority vote and may increase any item or items
therein or add new items thereto by an affirmative vote of two-
thirds of the entire membership. The council shall pass on final
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reading the annual budget ordinance on or before the seventh day
of June of the fiscal year currently ending. If final reading is
not taken on or prior to such day, the annual budget ordinance as
submitted by the [mayor] county manager on or before March 15
shall be deemed to have been enacted as the budget for the ensuing
fiscal year.
B. Amendments to the adopted annual budget ordinance may be
submitted by the [mayor] county manager, unless otherwise
provided, and considered by the council under the same procedures
prescribed in Section 19 . 07A for the enactment of the operating
budget ordinance, but no amendment shall increase the aggregate of
authorized expenditures to any amount greater than the estimate of
revenues for the fiscal year. (Amended 1992 )
Section 19 . 08 . Administration and Enforcement of the Annual Budget
Ordinance.
A. The enactment of the annual budget ordinance shall
constitute an appropriation of the sums specified therein for the
purposes and from the funds indicated. Such appropriation shall be
considered valid only for the fiscal year for which made, and any
part of such appropriation which is not encumbered or expended
shall lapse at the end of the fiscal year, except that
appropriations to the fund established by paragraph C of section
19 . 15 shall not lapse, but shall remain in the fund, accumulating
from year-to-year. Agencies authorized to make expenditures under
the annual budget ordinance may proceed without other authority
from the council to incur obligations or make expenditures for
proper purposes to the extent that the moneys are available and as
allotted.
B. Immediately following the enactment of the annual budget
ordinance, the heads of all agencies shall submit to the director
of finance schedules showing the expenditures anticipated for each
quarter of the fiscal year.
C. The approval of an expenditure schedule by the
[mayor] county manager shall constitute a budgetary allotment which
shall, unless a revision thereof is approved by the [mayor] county
manager, be binding upon such agencies and the director of finance
shall approve or issue no requisition, purchase order, voucher or
warrant that is not in accordance with such allotment.
D. The allotment herein provided may be altered at any time
by the [mayor] county manager. The [mayor] county manager shall
direct appropriate revisions in allotments to keep expenditures
within the revenues received or anticipated.
E. Any part of an allotment which is not expended or
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encumbered shall be deemed reallotted for the next allotment
period.
F. The [mayor] county manager may at any time transfer an
unencumbered appropriation balance or portion thereof within a
division or between divisions in the same department. Transfers
between departments, boards or commissions shall be made only by
the council by ordinance adopted pursuant to Section 19. 07B, upon
the recommendations of the [mayor] county manager.
(Amended 1992, 1996, 2002 )
Section 19 . 09. Capital Program and Capital Budget.
A. The capital program shall include:
(1 ) Permanent public improvements, including planning,
engineering and administrative costs, but not the repair or
maintenance thereof.
(2 ) The acquisition of land or any interest therein for any
permanent public improvements .
(3 ) The furnishings, fixtures and appurtenances of any
permanent improvement when first constructed or acquired.
B. The planning commission shall prepare the capital program
for each of the ensuing five fiscal years, predicated upon the
requests of the several agencies and based upon the finance
director ' s statement of moneys likely to be available and the
amount of bonds which the mayor believes would be proper for the
county to issue.
C. The capital program shall be appended to the capital
budget and shall be submitted to the council for its approval .
The council may adopt the capital program pursuant to Section
19 . 07A with or without amendments .
D. Bond fund proceeds shall be appropriated and expended in
accordance with law. (Amended 1992 )
Section 19 . 10. Appropriations and Changes .
A. If, during any fiscal year, the [mayor] county manager or
council certifies that there are available for appropriations ( 1 )
revenues received from sources not anticipated in the adopted
annual budget for that year or ( 2 ) revenues received from
anticipated sources but in excess of the budget estimates
therefor, the council may introduce and make supplemental
appropriations for that year up to the amount of the additional
revenues so certified. Such appropriations shall be made by
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ordinance adopted pursuant to Section 19 . 07B. (Amended 1992 )
B. To meet a public emergency affecting life, health or
property, the council, upon written request by the [mayor] county
manager, may make emergency appropriations . Nothing in this
section shall preclude the council from introducing and adopting
an emergency appropriation ordinance pursuant to Section 18 . 02 .
Such appropriations shall be made by ordinance adopted pursuant to
Section 4 . 02K except that such ordinance shall be approved by a
majority of all council members present. (Amended 1992 )
C. Any unappropriated surplus or unencumbered balances
certified by the mayor as available for appropriation under
section 19. 14 may be appropriated by amendment to the annual
budget ordinance. Such amendments may be introduced by the [mayor]
county manager or the council . (Amended 1992 )
Section 19 . 11 . Appropriations : Reduction and Transfer
A. If, at any time during the fiscal year, it appears
probable to the [mayor] county manager that the revenues available
will be insufficient to meet the amount appropriated, he shall
report to the county council without delay indicating the amount
of the deficit, any remedial action taken by him and his
recommendations as to any further action to be taken. The council
shall then take such further action as it deems necessary to
prevent or minimize any deficit . For that purpose, it may, by
ordinance adopted pursuant to Section 19 . 07B, reduce one or more
appropriations; but no appropriation for debt service may be
reduced, and no appropriation may be reduced by more than the
amount of the unencumbered balance thereof or below any amount
required by law to be appropriated. (Amended 1992 )
Section 19 . 12 . Lapse of Appropriations . Every appropriation shall
lapse at the close of the fiscal year to the extent that it has
not been expended or encumbered, except appropriations to the fund
established by paragraph C of section 19 . 15 and appropriations for
capital budget items where any portion of said appropriation has
been expended. (Amended 2002 )
Section 19 . 13. Payments and Obligations .
A. With the exception of debt service charges, no payment
shall be authorized or made and no obligation incurred against the
county, except in accordance with appropriations duly made and
under such procedures and policies as may be established by
ordinance. 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 void. Every payment made in violation of the
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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 severally liable to the county for
the full amount so paid or received. If any county officer or
employee knowingly authorizes or makes any payments or incurs any
obligation in violation of the provisions of this charter, or in
violation of the provisions of the procedures and policies
established by ordinance, or takes part therein, that action shall
be cause for his removal .
B. 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 issuance of
bonds, nor shall it prevent the making, when permitted by law, of
any contract or any lease providing for the payments 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 appropriations of a later
fiscal year or of more than one fiscal year shall be made or
approved by ordinance.
Section 19. 14 . Surplus and Reserves . Any unappropriated surplus
and any unencumbered balances of any appropriations in any fund at
the end of any fiscal year shall be available for appropriation
for the succeeding fiscal year. The mayor shall certify to the
council the amount of any unappropriated surplus or unencumbered
balances by January 1 following the close of the fiscal year.
(Amended 1992 )
Section 19 . 15. Fund Administration.
A. Deposit of Funds . Money received by officers and
employees shall be deposited promptly to the county' s account in
depositories authorized by law.
B. Creation of Funds . In addition to the funds established
by this charter, the [mayor] county manager, with the approval of
the council, may establish other funds when necessary and when no
appropriate class of funds exists . Nothing in this section shall
preclude the council from introducing, and adopting other funds by
ordinance.
C. Public Access, Open Space, Natural Resources Preservation
Fund.
(1 ) In adopting each fiscal year' s budget and capital
program, the council shall appropriate a minimum of one-
half of one percent of the certified real property tax
revenues to a fund known as the public access, open
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space, natural resources preservation fund. The moneys
in this fund shall be utilized for purchasing or
otherwise acquiring lands or property entitlements for
land conservation purposes in the county of Kauai for
the following purposes : public outdoor recreation and
education, including access to beaches and mountains;
preservation of historic or culturally important land
areas and sites; protection of significant habitats or
ecosystems, including buffer zones; preserving forests,
beaches, coastal areas and agricultural lands;
protecting watershed lands to preserve water quality and
water supply; conserving land in order to reduce
erosion, floods, landslides, and runoff; improving
disabled and public access to, and enjoyment of, public
land, and open space; acquiring disabled and public
access to public land, and open space.
(2 ) The moneys in this fund may also be used for the
payment interest, principal, and premium, if any, due
with respect to bonds issued pursuant to Sections 3 . 13,
3. 14 , or 3. 15, Charter, in whole or in part - for the
purposes enumerated in paragraph ( 1 ) of this section and
for the payment of costs associated with the purchase,
redemption or refunding of such bonds .
(3 ) At any given time, no more than five percent (50)
of this fund shall be used for administrative expenses .
( 4 ) Any balance remaining in this fund at the end of
any fiscal year shall not lapse, but shall remain in the
fund, accumulating from year to year. The moneys in
this fund shall not be used for any purpose except those
listed in this section.
(5 ) The Council shall by ordinance establish procedures
for the administration and priorities for the
expenditure of moneys in this fund.
(Amended 1992, 2002 )
Section 19 . 16. Insurance. The director of finance shall procure
insurance for the protection of designated properties of the
county in such amounts and under such conditions as the council
shall, by ordinance, prescribe from companies licensed to do
business in the State. The council may also instruct the director
of finance to procure insurance coverage for any of the county
activities it deems should be covered by insurance.
Section 19. 17 . Surety Bonds . Except as otherwise provided, the
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council shall determine which officers and employees shall be
required to furnish surety bonds and shall determine the kind and
amount of each individual or blanket bond. All officers concerned
with the receipt, collection, custody or disbursement of public
funds shall be bonded. The director of finance shall procure all
such surety bonds from companies licensed to do business in the
State. All such bonds shall be in favor of and the premiums
thereon shall be paid by the county.
Section 19 . 18 . Contracts .
A. Before execution, all written contracts to which the
county is a party shall be approved by the county attorney as to
form and legality. All such contracts shall be signed by the
[mayor] county manager, except that contracts for purchase of
materials, supplies, equipment, personal services and public works
contracts shall be signed by the director of finance.
B. Before execution, contracts involving financial
obligations of the county shall also be approved by the director
of finance as to the availability of funds in the amounts and for
the purposes set forth therein.
Section 19 . 19. Centralized Purchasing.
A. The department of finance shall be responsible for the
procurement of all materials, supplies, equipment and services
required by any department, office or agency of the county.
B. There shall be a standardization committee composed of
three members . The [mayor] county manager shall appoint two
members, each of whom shall be from a separate department. The
third member shall be a representative of the department of
finance who shall serve as chairman of the committee. The
committee shall classify all materials, supplies, equipment
commonly used by the various departments, offices or agencies of
the county and shall prepare and adopt standards and
specifications for such materials, supplies and equipment.
C. All Purchases and contracts for materials, supplies,
equipment and services shall be made by advertising for bids,
except that such purchases and contracts may be negotiated without
advertising if
(1 ) The Public necessity will not admit of the delay incident
to advertising.
(2 ) For materials, supplies and equipment, including animals
and plants, patented or proprietary articles, books and
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publications and professional services for which it is
impracticable to secure competition.
(3 ) For equipment determined to be technical equipment and as
to which it is determined that the procurement thereof without
advertising is necessary to assure standardization of the
equipment and interchangeability of parts, and that such
standardization and interchangeability are necessary in the
interest of economy.
The advertisement for bids shall be made a sufficient time before
the purchase or contract, and specification and invitations for
bids shall permit such full and free competition as is consistent
with the procurement of the types of materials, supplies,
equipment and services necessary to meet the requirements of the
department, office or agency concerned.
All procurements shall be conducted pursuant to state law.
Competitive bidding thresholds lower than the bidding thresholds
established under state law may be enacted by ordinance. (Amended
1976, 1980, 1984 , 1998 )
All bids shall be publicly opened at the time and place stated in
the advertisement . Award shall be made with reasonable promptness
by written notice to that responsible bidder whose bid conforming
to the invitation for bids will be most advantageous to the
county, price and other factors considered.
D. Purchase orders shall be submitted to the office of the
director of finance for approval as to availability and
designation of funds and no purchase order shall be valid without
such approval .
E. The director of finance shall, from time to time, secure
from all agencies estimates of their needs for articles of common
use and shall, when practicable, consolidate requisitions in order
to secure the benefits of quantity purchases and to that end when
authorized by the council, cooperate with other public agencies .
F. The director of finance may, by rules, provide for:
(1 ) Emergency purchases which might be required.
(2 ) Petty cash funds or blanket purchase orders, or both.
G. All county storerooms (other than departmental ) shall be
supervised and operated by the director of finance.
H. The director of finance shall require such guarantees of
performance by vendors as in his opinion may be necessary or may
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be prescribed by ordinance.
Section 19 . 20. Disposition of Personal Property. All departments,
offices or agencies having materials, supplies or equipment which
are not useful to them, shall, from time to time and at least
annually, furnish a list thereof to the director of finance who
shall circulate such list to the various departments and agencies
of the county; and, if the same is found to be usable, it shall be
returned to the general storeroom or inventories for subsequent
issue upon requisition. If it is found to be unusable for public
purposes, the director of finance shall provide for the sale by
informal sealed bid without advertising and the proceeds shall be
placed in the fund from which the original purchase was made.
Section 19. 21 . Past due Accounts . The finance director shall
promptly collect all past due accounts . Unless otherwise provided
by law any account more than ninety ( 90) days past due shall be
referred to the county attorney' s office for collection. (Amended
1984 )
ARTICLE XX
CODE OF ETHICS
Section 20. 01 . Standards of Conduct . In order to establish a high
standard of integrity and morality in government service, a code
of ethics is hereby established.
Section 20 . 02 . No officer or employee of the county shall :
A. Solicit, accept or receive, directly or indirectly, any
gift, whether in the form of money, service, loan, travel,
entertainment, hospitality, thing or promise or in any other form,
under circumstances in which it can reasonably be inferred that
the gift is intended to influence him in the performance of his
official duties or is intended as a reward for any official action
on his part.
B. Disclose information which, by law or practice, is not
available to the public and which he acquires in the course of his
official duties or use such information for his personal gain or
for the benefit of anyone.
C. Acquire financial interest in business enterprises which
he may be directly involved in official action to be taken by him.
D. Appear in behalf of private interests before any county
board, commission or agency.
E. Use his official position to secure a special benefit,
privilege or exemption for himself or others .
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F. Use county property for other than public activity or
purpose.
Section 20 . 03. Contracts .
A. The county shall not enter into any contract with an
officer or employee or with a firm in which an officer or employee
has a substantial interest involving services or property of a
value in excess of $500. 00 unless the contract is made after
competitive bidding.
B. The county shall not enter into a contract with any person
or firm which is represented or assisted personally in the matter
by a person who has been an employee of the agency within the
preceding six months and who participated while in county
employment with the subject matter of the contract .
C. This section shall not apply to personal employment
contract .
Section 20 . 04 . Disclosure.
A. The [mayor] county manager, councilpersons, all department
heads and deputies, members of boards and commissions and the
purchasing agent shall, within thirty ( 30 ) days of assuming
office, file with the board a list of all real property within the
county in which he has any right, title or interest, a list of all
business firms which contract for county business in which he has
any interest, and all their places of employment, including part-
time employment, all sources and amounts of income, business
ownership, officer and director positions, debts, creditor
interests in insolvent businesses and the names of persons
represented before government agencies . Amendments to the list,
including additions, deletions or changes in title, interest in
property or of employment, shall be made within thirty ( 30 ) days
of the occurrence of the amendment . The list shall be a matter of
public record.
B. Any elected official, appointed officer, employee, or any
member of a board or commission who possesses or acquires such
interest as might reasonably tend to create a conflict with his
duties or authority, or who is an owner, officer, executive
director or director of an organization, or whose member of his
immediate family, which includes parents, siblings, spouse or
children, is an owner, officer, executive director or director of
an organization in any matter pending before him shall make full
disclosure of the conflict of interest and shall not participate
in said matter. (Amended 1976, 1980, 2006, 2008 )
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C. Penalties .
(1 ) Any violation of any of the provisions of this section
shall, at the option of the director of finance, render forfeit
and void the contract, work, business, sale or transaction
affected.
(2 ) Any violation of any of the provisions of this section
shall constitute cause for fine, suspension or removal from office
or employment.
D. The council shall, by ordinance, adopt and may, from time
to time, revise and amend such complementary provisions as may be
necessary to supplement the code of ethics .
E. The [mayor] county manager, the council and the board of
ethics shall be responsible for the enforcement of provisions of
this article .
Section 20 . 05. Board of Ethics . There shall be a board of ethics .
A. The board shall consist of seven members . (Amended 2006)
B. The board shall annually select a chairman and a secretary
from among its members and shall adopt rules necessary for the
conduct of its meetings .
C. The board shall meet at the call of the chairman or of a
majority of its members . A majority of the membership shall
constitute a quorum for the conduct of business, and the
affirmative vote of at least a majority shall be necessary to take
any action.
D. It shall be the function of the board:
(1 ) To initiate, receive, hear and investigate complaints of
violations of the code of ethics and to transmit its findings to
the council as to complaints involving county officers and to the
civil service commission as to employees . It may also, on its own,
file impeachment proceedings in the circuit court.
(2 ) To render advisory opinions or interpretations with
respect to application filing and request . All requests for
advisory opinions shall be answered within thirty (30) days of its
filing and failure to submit an advisory opinion within said
thirty ( 30 ) days shall be deemed a finding of no breach of the
code .
(3 ) To prescribe a form for the disclosure provided in this
section and to implement the requirements of the disclosure
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provisions .
( 4 ) To examine all disclosure statements filed and to comment
on or advise corrective action to any matters that may indicate a
conflict of interest . (Amended 1976)
(5 ) To propose revisions of the code to assure its
effectiveness .
E. In the course of its investigations, the board shall have
the power to administer oaths and subpoena witnesses and to compel
the production of books and papers pertinent thereto .
F. All hearings on complaints shall be closed to the public.
Only findings of violations shall be referred to the council or
the civil service commission. Upon referral to the council or
civil service commission, the violations shall be treated as any
other similar item of council or civil service commission
business .
G. If any officer or employee, or former officer or employee,
shall obtain an advisory opinion from the board and shall govern
himself accordingly, or shall act in accordance with the opinions
of the board, he shall not be held guilty of violating any of the
provisions of the code.
H. Cooperations . The council and mayor shall cooperate and
provide financing and personnel help required by the commission in
the performance of its duties .
ARTICLE XXI
SPECIAL ASSESSMENT IMPROVEMENTS
Section 21 . 01 . Improvements by Special Assessment. The council
shall enact the provisions of Section 146-130 to 146-171 of the
Revised Laws of Hawaii 1955, as amended, with the exception of
Section 146-167 , as a county ordinance. No changes, however, shall
be made by the council regarding any matter under the control of
the board of water supply without the prior approval of its board.
Exemptions from special assessments and reimbursement of costs to
the county shall be as provided by law.
ARTICLE XXII
INITIATIVE AND REFERENDUM
Section 22 . 01 . Power of Initiative and Referendum.
A. The power of voters to propose ordinances (except as
provided in Section 22 . 02 ) shall be the initiative power.
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B. The power of the voters to approve or reject ordinances
that have been passed by the county council ( except as provided in
Section 22 . 02 ) shall be the referendum power. (Amended 1976)
Section 22 . 02 . Limitations to Powers . The initiative power and the
referendum power shall not extend to any part or all of the
operating budget or capital budget; any financial matter relating
to public works; any ordinance authorizing or repealing the levy
of taxes; any emergency legislation; any ordinance making or
repealing any appropriation of money or fixing the salaries of
county employees or officers; any ordinance authorizing the
appointment of employees; any ordinance authorizing the issuance
of bonds; or any matter covered under collective bargaining
contracts . (Amended 1976)
Section 22 . 03. Submission Requirement.
A. Voters seeking to propose an ordinance by initiative shall
submit an initiative petition addressed to the council and
containing the full text of the proposed ordinance. The initiative
petition shall be filed with the clerk of the council at least
ninety-six ( 96) hours prior to any regular council committee
meeting.
B. Voters seeking referendum of an ordinance shall submit a
referendum petition addressed to the council, identifying the
particular ordinance and requesting that it be either repealed or
referred to the voters of the county.
C. Each initiative or each referendum petition must be signed
by not less than twenty percent (200 ) of the number of eligible
voters in the last preceding general election.
D. If an initiative or referendum measure is to be placed on
the ballot in a general election, the initiative and referendum
petitions must be submitted not less than one hundred twenty ( 120)
calendar days prior to the day scheduled for the general election
in the county. (Amended 1976)
Section 22 . 04 . Committee. For each initiative or each referendum
petition there shall be a petitioner' s committee representing all
the petitioners, which committee shall be composed of five ( 5)
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. The committee shall have the power to amend or
withdraw the petition as provided by this article. (Amended 1976)
Section 22 . 05 . Initiative and Referendum Petition: Form and
Sufficiency.
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A. For immediate acceptance of the petition, the clerk of the
council shall require reasonable compliance with the following:
(1 ) The petitions indicate by name and address, the five ( 5)
signers who constitute the petitioner ' s committee for that
petition.
(2 ) The petitions indicate the address which all notices for
petitioner ' s committee are to be sent.
(3 ) The signatures to petitions be filed on papers of uniform
size and style and assembled as one instrument .
( 4 ) Each signature on the petition shall be followed by the
name (printed) and the place of residence of the person signing.
(5 ) The petition be signed by the required number of
qualified registered voters of the county.
B. Signatures are invalid and petitions insufficient :
(1 ) If signers are not given an opportunity to read the full
text of the ordinance sought to be reconsidered and if the full
text of the ordinance is not contained in or attached to each
signature paper or set of signature papers of an initiative or
referendum petition throughout circulation.
(2 ) If affidavits ( executed by the circulators for each set
of signature papers ) are not attached to the papers at the time of
filing of petitions with the clerk of the council . Each affidavit
shall attest to the effect that: a particular individual
personally circulated an identifiable set of papers; each paper
bears a stated number of signatures; each signature on a paper was
affixed in the circulator' s presence; each signature is the
genuine signature or the person it purports to be.
C. Individual signatures may be withdrawn within fifteen (15)
days after the filing of an initiative or referendum petition with
the clerk of the council by the filing of a written request
thereof, by the individual, with the clerk or the council .
(Amended 1976)
Section 22 . 06. Procedure After Filing.
A. Certificate of Clerk; Amendment . Within twenty ( 20 ) days
after the filing of an initiative or referendum petition, the
clerk of the council shall complete a certificate as to the
sufficiency of the petition.
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As soon as a certificate is completed, the clerk shall notify
the petitioner ' s committee of the contents of the certificate. If
a petition is certified sufficient, the clerk shall present his
certificate to the county council at its next meeting. If the
clerk certifies a petition insufficient, his certificate shall
show the particulars wherein the petition is defective. A
majority of the petitioner ' s committee may elect to amend a
petition certified insufficient and must so notify the clerk, but
if a majority does not elect to amend a petition, the clerk shall
present his certificate to the county council at its next meeting.
B. Supplementary Petition. if a majority of the petitioner ' s
committee elects to amend its petition, then within ten ( 10 ) days
after receipt of the clerk' s certificate, the committee shall file
a supplementary petition upon additional papers . The supplementary
petition shall be governed by the same requirements as for an
original petition. Within five (5 ) days after the filing of a
supplementary petition, the clerk shall complete a second
certificate as to the sufficiency of the original petition as
amended by the supplementary petition. Thereafter, the procedural
requirements for the petition as amended shall be the same as that
for the original petition as provided in subsection A, this
section.
C. Council Review. A majority of the petitioner ' s committee
may request the county council to review a clerk' s certificate, at
or before the meeting at which the clerk presents the certificate
to the council . 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.
D. Court Review; New Petition. A final determination as to
the sufficiency of a petition shall be subject to court review. A
final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing or a new petition for the
same purpose. (Amended 1976)
Section 22 . 07 . County Council Action on Petitions .
A. The county 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 Article IV of this charter; however, not more
than sixty ( 60 ) days shall elapse between the time of first
reading of the initiative proposal as a bill and completion of
action to adopt, amend, or reject the same. If a referendum
petition is concerned, the ordinance to which that petition is
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directed shall be reconsidered by the council; and not later than
thirty ( 30 ) days after the date on which the petition was
determined sufficient, the council shall, by ordinance, repeal,
or, by resolution, sustain the ordinance .
B. If the council rejects an initiative amendment proposal or
passes it with an amendment unacceptable to a majority of the
petitioner ' s committee, or if the council fails to repeal an
ordinance reconsidered pursuant to a referendum petition, it shall
submit the originally proposed initiative ordinance or refer the
reconsidered ordinance concerned to the voters of the county at
the next general election.
C. The council may, in its discretion, and under appropriate
circumstances, provide for a special election.
D. The ballot for such measures shall contain an objective
summary of the substance of the measure and shall have below the
ballot title designated spaces in which to mark a ballot FOR or
AGAINST the measure. Copies of initiative or referendum ordinances
shall also be made available at the polls .
E. Suspension of Ordinance. When a referendum petition or
amended petition has been certified as sufficient by the County
Clerk, the Ordinance sought to be repeated in the petition shall
not be effective and shall be deemed suspended from the date the
petition is certified as sufficient until the voters have voted on
the measure and the election results have been certified as
provided in this Article. (Amended 1976, 1980)
Section 22 . 08 . Withdrawal of Petitions . An initiative or
referendum petition may be withdrawn at any time prior to the
sixtieth ( 60th) day immediately preceding the day scheduled for a
vote in the county by filing with the county clerk a request for
withdrawal signed by at least four ( 4 ) members of the petitioners
committee. Upon the filing or the request, the petition shall have
no further force or effect and all proceedings thereon shall be
terminated. (Amended 1976)
Section 22 . 09 . Results of Election. If a majority of the voters
voting upon a proposed initiative ordinance shall vote in favor of
it, the ordinance involved shall be considered adopted upon
certification of the election results . If a majority of the voters
voting upon a referendum ordinance shall vote against it, the
ordinance involved shall be considered repealed upon certification
of the election results . (Amended 1976)
Section 22 . 10 . Upon approval by a majority of the votes cast on
the proposal, the charter amendment shall take effect upon all
legislative acts not excluded herein enacted after January 2,
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1977 . (Amended 1976)
Section 22 . 11 . A referendum that nullifies an existing ordinance
shall not affect any vested right or any action taken or
expenditures made up to the date of the referendum. (Amended 1976)
ARTICLE XXIII
GFbFA RAr. PROVISIONS
Section 23 . 01 . Definitions .
A. The term "agency" shall mean any office, department,
board, commission or other governmental unit of the county.
B. The term "employee" shall mean any person, except an
officer, employed by the county or any department thereof, but the
term shall not include any independent contractor.
C. The term "law" shall mean any law of the State of Hawaii
or any ordinance or the county of Kauai or any rule or regulation
of any department having the force and effect of law.
D. The term "officer" shall include the following:
(1 ) [Mayor] county manager and members of the council .
(2 ) Any person appointed as administrative head of any
agency of the county or as a member of any board or
commission.
(3 ) The first deputy appointed by the administrative head of
any department .
( 4 ) Deputies of the county attorney.
E. The term "State" shall mean the state of Hawaii .
F. The term "council" or "councilperson" shall include the
Mayor.
Section 23 . 02 . Board and Commissions . The council may create such
other boards and commissions, not provided herein, by ordinance.
All boards and commissions, including those which are specifically
provided for herein, shall be organized, appointed and vested with
the power and authority as provided hereunder which are not in
conflict with the provisions of this charter.
A. All boards and commissions established by the charter
shall consist of seven members . (Amended 2006)
B. All members of boards and commissions shall be appointed
[and may be removed] by the council and may be removed by the
county manager, with the approval of the council, except that
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members of boards and commissions established by ordinance may be
appointed and removed as provided by ordinance. Such ordinance
shall provide for either of the following appointing and removal
methods :
1 ) Appointment and removal of members by the mayor, with
the approval of the council; or
2 ) Joint appointing powers under which the mayor and the
council each appoint an equal number of members, and one
additional member is selected by the members previously
appointed by the mayor and council . Members appointed by
the mayor may be removed by the mayor with the approval
of the council . Members appointed by the council may be
removed by the council with the approval of the mayor.
The one additional member selected by the previously
appointed members may be removed by the mayor with the
approval of the council .
A board or commission member who is absent from three
consecutive meetings without prior excuse of the chairman shall be
expelled from membership. Upon notification of such expulsion by
the chairmen, the applicable appointing authority shall within 15
days of the notice, begin the appointment process . (Amended 1986)
C. The members of all boards or commissions shall serve for
staggered terms of three years and until their successors are
appointed. However, no holdover term shall extend beyond ninety
days . All members currently serving shall serve their term as set
when they were appointed. All appointments after January 1, 1977
shall be for three-year terms . Notwithstanding the holdover period
or period of any vacancy, the term of any appointment shall be
deemed to have commenced immediately after the normal termination
date of his predecessor. The council may, by ordinance, provide
for the staggering of terms provided that no terms of members
already appointed shall be changed. (Amended 1976, 1980)
D. Each commissioner shall be, at the time of his
appointment, a duly qualified resident elector of the county.
E. No more than a bare majority of the members of any board
or commission shall belong to the same political party.
F. Any vacancy occurring on any board or commission shall be
filled for the unexpired term.
G. Each board or commission shall elect its chairman or other
officers . The term of office of the chairmanship of any board or
commission shall be one year and no member of any such board or
commission shall succeed himself as chairman for the term
immediately following the expiration of his term.
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H. No member of any board or commission shall be eligible for
more than two consecutive terms on the same board or commission or
on two different boards or commissions of the county. After the
expiration of two consecutive terms, no person shall be eligible
for appointment to any county board or commission until one year
has elapsed after such service. Any partial term of more than two
years shall be considered a term as used herein. (Amended 1976)
I . Employees and officers of the State or county may be
eligible to serve on boards or commissions, provided that such
service does not result in a conflict of interest or is expressly
prohibited by law.
J. A majority of all the members to which a board or
commission is entitled shall constitute a quorum to do business,
and the concurrence of a majority of all the members to which such
board or commission is entitled shall be necessary to make any
action or such board or commission valid.
K. All boards and commissions shall have the power to
subpoena witnesses and administer oaths to witnesses as to all
matters within the scope of such boards or commissions .
L. The members of boards and commissions shall receive no
compensation but shall be entitled to be paid for necessary
expenses incurred by them in the performance of their duties .
M. Except for purposes of inquiry, no board or commission,
nor its members, shall interfere in any way with the routine
administrative affairs of its department normally administered by
the department head.
N. Each board or commission shall have power to establish its
own rules of procedures necessary for the conduct of its business,
except as otherwise provided in this charter.
Section 23 . 03. 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 23. 04 . Facsimile Signatures . Whenever any person is
required to sign negotiable instruments or multiple bonds, the
signature may be a facsimile.
Section 23 . 05. Expenses . All officers and employees of the county
shall be entitled to their traveling or other necessary expenses
incurred in the performance or their public duties .
Section 23. 06. Claims . No action shall be maintained for the
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recovery of damages for death or injury to person or property by
reason of negligence of any officer or employee of the county
unless a written statement stating fully when, where and how the
damages occurred, the extent thereof and the amount claimed
therefor, has been filed with the county clerk within six months
after the date the death, injury or damages were sustained.
Section 23 . 07 . Annual Reports .
A. Not later than ninety ( 90) 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. Copies of such
reports shall be filed in the office of the county clerk.
B. Not later than one hundred eighty ( 180) days after the
close of the fiscal year, the mayor shall make 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.
Section 23 . 08 . Records and Meetings Open to Public.
A. All books and records of every department 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 having
custody of the same to any person demanding the same and paying or
tendering a reasonable fee to be fixed by ordinance for such
copies or extracts .
B. All meetings of boards and commissions shall be held in
the county building or other public places and no such body shall
take any official action except at a meeting open to the public.
Section 23 . 09. Rules and Regulations . Unless otherwise authorized
by law, all rules and regulations having the force and effect of
law adopted by any board, commission or administrative head of a
department, must first be approved by the mayor prior to going
into effect.
Section 23 . 10. Penalties . Any violation of a charter provision,
any ordinance, or duly enacted rule or regulation having the
effect of law shall be subject to a fine not exceeding $1, 000. 00
or one year ' s imprisonment or both unless the charter, ordinance,
rule or regulation provides for a specific penalty in which case
the specific penalty shall control . Prosecution for any violation
shall be as provided by law for the prosecution of misdemeanors .
(Amended 1980)
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Section 23. 11 . County Elections . County elections shall be
conducted in accordance with the election laws of the State
insofar as applicable, but the county primary and general
elections shall be held in every two years following the initial
election.
Section 23. 12 . Oaths of Office. Before entering upon the duties of
his office, each officer elected or appointed shall take and
subscribe to such oath or affirmation as shall be provided by law.
Section 23. 13 . Impeachment of Officers . Any officer appointed or
elected may be impeached for malfeasance, misfeasance or
nonfeasance in office. Such impeachment proceeding shall be
commenced in the Fifth Circuit Court, State of Hawaii . The charge
or charges shall be set forth in writing in a verified petition
for impeachment signed by not less than five percent (50) of the
voters registered in the last general election, except as to
charges filed by the ethics commission. If the court sustains the
charge or charges, such officer shall be deemed removed from
office. The petitioners seeking the impeachment shall bear their
own attorneys ' fees and other costs of such proceedings, except
proceedings initiated by the ethics commission, the cost of which
shall be paid by the county.
A. Whenever any officer is sought to be impeached for matters
relating to the officer ' s official powers or duties, and the
impeachment is not being sought by the ethics commission, such
officer may request legal representation by the county or at
county expense.
(1 ) Such request for legal representation shall be
accompanied by a signed statement in a form approved by the County
Attorney, in which the officer agrees to reimburse the County for
all expenses incurred in such legal representation, if the officer
is impeached.
(2 ) Determination of expenses shall be made by the County
Attorney and approved by the Council, and shall be conclusive.
(3 ) Any officer being impeached for matters not relating to
their official powers or duties shall bear their own attorney' s
fees and costs of such proceedings .
B. Legal representation for impeachment relating to an
officer' s official powers or duties, and which is not being sought
by the ethics commission, shall be as follows :
(1 ) By the County Attorney' s office if requested by the
officer and agreed to by the County Attorney.
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(2 ) By outside legal counsel selected by the officer. The
[Mayor] County Manager and Council shall appropriate reasonable
amounts for such legal services . In the alternative, existing
funds which have been appropriated for legal services may be used,
provided the Council approves of the amount.
C. Nothing in this section shall preclude the officer sought
to be impeached from recovering attorneys fees as provided by law.
If legal representation is provided at county expense, such
recovery shall be reimbursed to the county. (Amended 1992 )
Section 23 . 14 . Coordination of work. The [mayor] county manager
shall devise a practical and working basis for the cooperation and
coordination of work by the various departments, eliminating
duplication and overlapping of functions, and shall have the
various agencies cooperate with each other in the use of
employees, land, buildings . quarters . facilities and equipment.
The head of any department may empower or require an employee of
another department, subject to the consent of the head of such
other department, to perform any duty which he might require of
the employees of his department . Whenever in this charter power is
vested in a department to inspect, examine or secure data or
information or to procure assistance from any other department, a
duty is hereby imposed upon the department upon which demand is
made to render such power effective.
Section 23. 15 . Cooperation With Other Organizations . In the
performance of its functions, each department shall cooperate with
private organizations and with organizations of the governments of
the United States, the State, and any other state, and with any of
their political subdivisions having similar functions .
Section 23. 16 Provisions of Charter Inoperative . 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 the recommendation of the [mayor] county manager.
Section 23. 17 . Titles, Subtitles, Personal Pronouns : Construction.
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.
ARTICLE XXIV
CHARTER AMENDMENT
Section 24 . 01 . Initiation of Amendments . Amendments to this
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charter may be initiated only in the following manner:
A. By resolution of the council adopted after two readings on
separate days and passed by a vote of five or more members of the
council .
B. By petition presented to the council, signed by not less
than five percent (50) of the voters registered in the last
general election, setting forth the proposed amendments . Such
petitions 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 which may be made by the county attorney.
Upon filing of such petition with the council, the county clerk
shall examine it to see whether it contains a sufficient number of
apparently genuine signatures of voters .
Section 24 . 02 . Elections to be Called.
A. Any resolution of the council or petition of the voters
proposing amendments to the charter shall provide that the
proposed amendments shall be submitted to the voters of the county
at the next general election.
B. The county clerk shall have the proposed amendments
published in a newspaper of general circulation in the county at
least thirty ( 30 ) days prior to submission of the proposed
amendments to the voters of the county at the next general
election.
C. Should the majority of the voters voting thereon approve
the proposed amendments to this charter, the amendments shall
become effective at the time fixed in the amendment, or, if no
time is fixed therein, thirty (30) days after its adoption by the
voters of the county. Any charter amendment shall be published in
a newspaper of general circulation in the county within thirty
(30) days of the effective date of such amendment.
Section 24 . 03 .Charter Review. The [mayor] county manager with the
approval of the council shall appoint, with appropriate staffing,
a charter commission composed of seven members who shall serve in
accordance with Section 23 . 02C of this Charter to study and review
the operation of the county government under this charter for a
period of ten years commencing in 2007 . Thereafter, the [mayor
with the approval of the] council shall appoint a charter
commission at ten year intervals . In the event the commission
deems changes are necessary or desirable, the commission may
propose amendments to the existing charter or draft a new charter
which shall be submitted to the county clerk. The county clerk
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shall provide for the submission of such amendments or new charter
to the voters at any general or special election as may be
determined by the commission. The commission shall publish not
less than thirty (30) days before any election at least once in a
newspaper of general circulation within the county the entire text
of the amendments or new charter. (Amended 2006)
A. Unless a new charter is submitted to the voters, each
amendment to the charter shall be voted on separately.
B. If a 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, or if no time is
fixed, thirty ( 30 ) days after its adoption by the voters . Any
charter or amendment shall be published in its entirety not more
than thirty (30) days after its adoption.
ARTICLE XXV
SEVERABILITY
Section 25 . 01 . Severability. If any provision of this charter is
held invalid, the other provisions of this charter shall not be
affected thereby. If the application of the charter or any of its
provisions to any person or circumstances is held invalid, the
application of the charter and its provisions to other persons or
circumstances shall not be affected thereby.
ARTICLE XXVI
TRANSITIONAL PROVISIONS
Section 26. 0l . Schedule. After the approval of this charter by the
voters, this charter shall be in effect to the extent necessary in
order that the first election of members of the county council and
mayor may be conducted in accordance with the applicable election
laws of the State. This charter shall take full effect on January
2, 1969.
Section 26. 02 . Initial Election Under the Charter. The first
county primary and general elections under this charter shall be
held in the year 1968 .
Section 26. 03 . 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, amended or superseded by proper authority. All
laws relating to or affecting this county or its agencies,
officials or employees, and all county ordinances, resolutions,
orders and regulations which are in force when this charter takes
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full effect, are repealed to the extent that they are inconsistent
with or interfere with the effective operation of this charter or
of ordinances or resolutions adopted by the county council under
the provisions of this charter.
Section 26 . 04 . Status of Departments and Transfer of Funds .
A. All departments, the status of which are not specifically
changed or abolished by this charter, are hereby recognized,
continued and established and shall have such powers, duties and
functions as provided by law. Members of the various boards,
commissions and committees holding office at the effective date of
this charter shall continue in office unless they resign or until
their terms of office shall expire.
B. The offices of the county auditor and the county treasurer
are abolished and their functions transferred to the department of
finance.
C. The offices of the elected county clerk and the county
attorney are abolished.
Section 26. 05 . Transfer of Records and Property. All records,
property and equipment of any office, division, 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.
Section 26. 06. Status of Present Employees . All civil service
employees and full-time employees whose positions are exempt from
civil service presently employed by any department or agency which
is merged or abolished under this charter, shall be transferred
and continued in employment in accordance with Sections 138-44 and
138-45, Revised Laws of Hawaii 1955, as amended, to a comparable
position in an agency where such function has been transferred.
Section 26. 07 . Heads of Departments Continued in Office.
Notwithstanding any provision to the contrary, all officers and
department heads, whether appointed or elected, holding office
immediately prior to the time this charter takes effect, shall
continue in employment for a period of not more than forty-five
( 45) days thereafter, or until they are replaced pursuant to the
provisions of this charter, whichever occurs later.
Section 26 . 08 . Temporary Budget and Capital Program. During the
transitional period, the mayor shall submit and the council shall
adopt, with or without amendments, a temporary current expense
budget and a capital program based on the revenues anticipated
during said period. Until the adoption of such temporary current
expense budget and capital program, the then existing budget and
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capital program shall remain in effect .
Section 26. 09 . Pending Proceedings . All petitions, hearings and
other proceedings pending before any office, department, board or
commission abolished by this charter, and all legal proceedings
and investigations begun by such 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.
Section 26 . 10. 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 right 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.
ARTICLE XXVII
RECALL
Section 27 . 01 . Recall Procedure. Any elective officer serving a
four-year term as provided for in this charter 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 filed with the county
clerk. Such petitions shall be signed by currently registered
voters numbering not less than twenty percent (200 ) of the voters
registered in the last general election. (Amended 1984 )
Section 27 . 02 . 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 distribution as 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. (Amended
1984 )
Section 27 . 03. Signatures . Each signer of a recall petition shall
print and sign their name and shall place thereon after the name,
social security number, place of residence and voting precinct. 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 ' s presence and is believed to be the
genuine signature of the person whose name it purports to be, and
that each signer understood it to be a recall petition of a
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specific elected officer. (Amended 1984 )
Section 27 . 04 . Filing and Certification. All papers comprising a
recall petition shall be assembled and filed with the county clerk
as one instrument within thirty (30) days after the filing, with
the clerk, of the affidavit stating the name and office of the
officer sought to be removed. Within ten ( 10 ) days from the date
of the filing of such petition, the clerk shall determine the
sufficiency thereof and attach thereto a certificate showing the
result of his examination. If the clerk shall certify that the
petition is insufficient, he 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 . (Amended 1984 )
Section 27 . 05. 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 27 . 03 of this article appended to
petitions issued, signed, and filed as required for the original
petition at any time within ten (10) days after the date of the
certificate of insufficiency by the clerk. The clerk shall within
five (5 ) days after such supplemental petitions are filed make a
like examination of them, and if his certificate shall show the
same to be still insufficient, he shall return it in the manner
described in Section 27 . 04 of this article to the person
designated in such 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. (Amended 1984 )
Section 27 . 06. Recall Election. If a recall petition or
supplemental petition shall be certified by the clerk to
be sufficient, he shall promptly notify in writing the officer
sought to be recalled of such action. If the official whose
removal is sought does not resign within five (5 ) days after
mailing of such notice, the clerk shall thereupon order and fix a
day for holding a recall election. Any such election shall be held
not less than seventy-five (75) nor more than ninety ( 90 ) days
after the petition has been presented to the official, at the same
time as any other special county or state election held within
such period, but if no such election is to be held within such
period, the clerk shall call a special recall election to be held
within the time aforesaid. If less than fifty percent ( 500) of the
total number of voters registered in the last general election
shall vote at such recall election, the officer sought to be
recalled shall not be deemed recalled regardless of the outcome of
the election. (Amended 1984 )
Section 27 . 07 . Ballots . The ballots at such recall election shall,
with respect to each person whose removal is sought, submit the
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question: "Shall (name of person) be removed from the office of
(name of office) by recall?" Immediately following each such
question, there shall be printed on the ballots the two
propositions in the order set forth: "For the recall of (name of
person) . " "Against the recall of (name of person) . " Immediately to
the right of the proposition there shall be designated spaces in
which to mark the ballot FOR or AGAINST the recall . A majority
vote shall be sufficient to recall such officer, subject to the
provisions of Section 27 . 06 of this article. (Amended 1984 )
Section 27 . 08 . Succeeding Officer. The incumbent, if not recalled
in such election, shall continue in office for the remainder of
his unexpired term subject to the recall as before, except as
provided in this charter. If recalled in the recall election, he
shall be deemed removed from office upon the clerk' s certification
of the results of that election, and the office shall be filled as
provided by this charter for the filing of vacancies of elected
officials . The successor of any person so removed shall hold
office during the unexpired term of his predecessor. (Amended
1984 )
Section 27 . 09 . Immunity to Recall . The question of the removal of
any officer shall not be submitted to the voters until such person
has served six ( 6) months of the term during which he is sought to
be recalled, nor, in case of an officer retained in a recall
election, until one year after that election. (Amended 1984 )
ARTICLE XXVIII
COST CONTROL COMMISSION
Section 28 . 01 . There shall be a County Cost Control Commission
composed of seven members not employed in government service.
(Amended 1988, 2006)
Section 28 . 02 . Goal . The goal of the commission is to reduce the
cost of county government while maintaining a reasonable level of
public services . (Amended 1988 )
Section 28 . 03. Repealed (2006)
Section 28 . 04 . The commission shall review personnel costs, real
property taxes, travel budgets, contract procedures; review with
the aim of eliminating programs and services available or more
efficiently supplied by other governments or organizations;
eliminate or consolidate overlapping or duplicate programs and
services; scrutinize for reduction any county operation. (Amended
1988 )
Section 28 . 05. Reports . The commission shall prepare and advertise
a written annual report summarizing its recommendations prior to
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the end of each calendar year. Thereafter, the commission may
request that any of its recommendations be drafted in ordinance
form for its introduction through the [mayor] county manager. The
[mayor] county manager shall, with [mayor ' s] county manager' s
comments thereon and within thirty ( 30 ) working days of receipt,
submit to the council for its immediate consideration all
ordinances proposed by the commission. (Amended 1988, 1996)
Section 28 . 06 Rules and Regulations . The commission shall adopt
rules and regulations relating to the operation and management of
the commission in order that the commission can accomplish its
goals and objectives . (Amended 1988 )
Section 28 . 07 . Appropriation. The mayor and council shall provide
an annual appropriation sufficient to enable the commission to
secure clerical help and pay other operational costs . The
commission shall be provided with the latest mayor ' s annual report
and the council ' s latest audit report . The commission is empowered
to secure from any department, agency, official or employee, any
report or information the commission requests that is appropriate
to its function. All such requests shall be made through the
office of the mayor or the chairman of the council for information
within their respective jurisdictions . (Amended 1988 )
ARTICLE XXIX
SALARY COMMISSION
Section 29 . 01 . Organization. There shall be a Salary Commission
composed of seven members to establish the salaries of all
councilmembers and all officers and employees included in Section
3-2 . 1 of the Kauai County Code 1987 , as amended. (Amended 1988,
2006)
Section 29 . 02 . Policies . The commission shall adopt and, when it
deems necessary, may change the policies governing its salary-
setting decisions . (Amended 1988, 2006)
Section 29 . 03. Resolution. The commission' s salary findings shall
be adopted by resolution of the commission and forwarded to the
[mayor] county manager and the council on or before March 15.
Subject to Section 29 . 05, the resolution shall take effect without
the [mayor' s] county manager' s and council' s concurrence sixty
days after its adoption unless rejected by a vote of not less than
five members of the council . The council may reject either the
entire resolution or any portion of it . The respective appointing
authority may set the salary of an appointee at a figure lower
than the figure established by ordinance for the position. (Amended
1988, 2006) *See footnote
Section 29. 04 Rules . The commission shall establish its rules of
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procedures and adopt rules and regulations pursuant to law.
(Amended 1988, 2006)
Section 29. 05 Changes in Salary. No change in salary of
councilmembers shall be effective during the term in which a
change is enacted or for twenty-four months after a change is
enacted, whichever is less . (Amended 1988, 2006)
Section 29 . 06 Administration and Operation. The [mayor] county
manager and council shall provide an annual appropriation
sufficient to enable the commission to secure clerical assistance
and pay other operational costs in the performance of its duties .
(Amended 1988, 2006)
ARTICLE XXX
ELECTRIC POWER AUTHORITY
Section 30. 01 Electric Power Authority. The Council may establish
by ordinance an electric power authority corporation for the
county, which shall be a body corporate and shall be responsible
for the planning, development, production, purchase, transmission,
and distribution of all electricity-related services by the
county.
If established by ordinance, all provisions of this Article
XXX shall be included in the ordinance and no ordinances shall be
enacted and no administrative rules shall be adopted which either
expressly or by implication conflict with the provisions of this
Article .
Sections 30 . 02 through 30 . 06 of this Article XXX shall be
effective thirty ( 30 ) calendar days from and after the enactment
of an ordinance establishing an electric power authority for the
County of Kauai .
If established by ordinance, the authority shall operate as
a separate unit of county government, except as otherwise
provided in this charter. The authority shall be free from the
jurisdiction, direction, and control of other county officers and
of the council .
Notwithstanding any provision in the Charter to the
contrary, the council may by ordinance enact any further
provisions it deems necessary to implement this Article XXX
including, but not limited to, provisions concerning the power
authority' s powers, duties, and liabilities, its organization and
governing structure, the manner in which officers and employees
are elected, appointed, or employed, and the manner in which
rates are set and the authority' s revenues are utilized.
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Section 30 . 02 . Board of Directors of the Electric Power
Authority. There shall be a board of directors of the electric
power authority, which shall have exclusive jurisdiction,
control, and policy-making responsibility over the authority and
all of its operations and facilities .
The board shall have and may exercise all rights, powers,
duties, privileges and immunities possessed by the county, which
are or may be secured by law including, but not limited to, all
powers and duties possessed by the county to construct, acquire,
expand and operate the utility, and to do any and all acts or
things that are necessary, convenient, or desirable in order to
operate, maintain, enlarge, extend, preserve and promote an
orderly, economic and business-like administration of the
utility.
The board shall adopt articles of incorporation and by-laws
consistent with all provisions of this Article XXX. Such articles
and by-laws may be amended from time to time by the board;
however, any such amendments shall be consistent with all
provisions of this Article XXX. Such articles and by-laws shall
also include provisions as are customary to set forth both the
corporation' s purpose and nature and the procedural matters
necessary for its governance.
The board shall operate as a separate unit of county
government, except as otherwise provided in this charter. Both
the board and the authority shall be free from the jurisdiction,
direction, and control of other county officers and of
the council .
The board may sue or be sued in its own name . All liability
for damage claims arising from the operations of the board and
the authority shall be the responsibility of and be liquidated by
the board from the appropriate funds of the authority.
Section 30 . 03 . Organization of the Board.
A. Number of directors . The board shall consist of seven
directors, one of whom shall be the chief executive officer of
the authority, and six of whom shall be elected-at-large. All
seven directors shall be voting members of the board. Charter
Sec. 7 . 05K shall not apply to this Article XXX.
B. Election and Tenure of Directors .
1 . Directors elected at-large. Directors elected at-
large shall be elected at the next regularly scheduled
general election after the enactment of the ordinance
creating the authority.
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2 . Subject to the provision in paragraph D of this
section that the terms of the first directors who have no
licensing or education and experience qualification
requirements shall be two years, all directors shall serve
terms of four years, unless they die, resign, or are removed
from office pursuant to paragraph D of this section. The
terms of all elected directors shall begin at twelve o' clock
meridian on the first working day of December following
their election.
3 . Term limits of directors . No elected director shall
serve as director for more than two consecutive full terms .
C. Vacancies . Vacancies shall be filled by the board for
the unexpired term. No vacancy on the board shall impair the
right of the remaining directors to exercise all the powers of
the board.
D. Qualifications . All persons seeking positions as elected
directors shall, upon filing for their candidacies, be citizens
of the United States and registered voters in the County. In
addition, three of the six elected directors shall possess the
following additional qualifications upon filing for
their candidacies .
Three of the six elected directors must either:
( 1 ) Have been licensed by any state in the United
States for a minimum of five years in engineering,
accountancy, or law; or
( 2 ) Have an undergraduate or graduate degree in
business management or business administration from a
university or college within the United States accredited by
the Middle States Association of Colleges and Schools, North
Central Association of Colleges and Schools, New England
Association of Schools and Colleges, Northwest Association
of Schools and Colleges, Southern Association of Colleges
and Schools, or the Western Association of Schools and
Colleges and have worked in the field of business management
or business administration for a minimum of five years .
All persons seeking positions as elected directors shall
specify in their nomination papers whether they are seeking to be
elected for one of the three director positions which have
licensing or education and experience qualification requirements,
or the director position which has no such qualification
requirements .
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All persons seeking director positions which have licensing
or education and experience qualification requirements shall
execute an affidavit stating that he or she has satisfied the
qualification requirements for those positions . The person shall
swear to the truth of the allegations by self-subscribing oath in
the affidavit . The county clerk shall prescribe the form of the
affidavit . If the clerk so desires or believes it to be
expedient, the clerk may demand that the person furnish
substantiating evidence to the allegations in the person' s
affidavit . If the clerk determines that any person has not
satisfied the licensing or education and experience requirements
of this paragraph D, the person shall be deemed unqualified for
the position sought .
With respect to any director elected to fill a position
having licensing or education and experience requirements, the
following rule shall apply. If, at any time, it is learned that
any such director has not satisfied these requirements, the board
shall immediately remove the director from office. Any vacancies
arising from such a removal shall be filled by the board for the
unexpired term; provided that all persons appointed by the board
as a result of such a removal shall satisfy, at the time of their
appointment, the qualification requirements for such
elected directors .
For the director positions which have no licensing or
education and experience qualification requirements, the three
candidates receiving the highest number of votes shall be elected
to those three positions . The terms of the first directors who
have no licensing or education and experience qualification
requirements shall be two years .
For the three director positions which have licensing or
education and experience qualification requirements, the three
candidates receiving the highest number of votes shall be elected
to those three positions .
The qualification requirements of this paragraph D shall not
apply to the chief executive officer of the authority.
No director may hold any county office, be an officer or
employee of the county government, or have been an officer or
employee of county government within twelve months of the date
that the director' s term of office is effective. No director may
conduct any business whatsoever with the authority.
A director convicted of the commission of a felony shall be
removed from office when convicted of the felony.
E . Officers . The board by majority vote shall elect from
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among its members a chairman who shall preside over the meetings
of the board, and a vice-chairman who shall act for the chairman
during absences, and may elect from among its members one or more
vice-presidents, a secretary and a treasurer and assistant
secretaries and treasurers . The board shall prescribe and may
amend the duties of all such officers .
Election of officers shall be held at the first regular
meeting at which all members are present following the
appointment or election of a new director for a full term, but
not later than the second meeting following the appointment
or election.
F. Meetings . The board shall take no action except by the
affirmative vote of at least four directors, who shall constitute
a quorum.
The board shall meet at least once each month at such times
as the board may prescribe.
Except where meetings closed to the public are permitted
under applicable law, all board meetings shall be open to the
public. Agendas shall be posted pursuant to applicable law.
G. Errors and omissions . The authority shall hold harmless
and indemnify its director, chief executive officer, agents, and
employees to the full extent permitted by law, including, but not
limited to, all liabilities, expenses, and losses incurred by its
directors, chief executive officer, agents, and employees in
connection with acts of error or omissions, other than willful
violations of laws, committed within the scope of their duties,
and shall defend, at the authority' s expense, all related claims
and suits .
Section 30 . 04 . Organization of the Authority.
A. Divisions . The authority shall keep separate funds and
accounts as required by the uniform systems of accounts for gas,
electricity, water, communications, and other utilities, as
promulgated by the Hawaii Public Utilities Commission or the
Federal Energy Regulatory Commission.
B. Policy. The board shall establish an annual budget and
written policies governing utility operations to cover such areas
as employees' duties, customer rates, service rules and
termination procedures, expenditures of funds, long-range
planning, and other appropriate activities .
C. Chief Executive Officer. The board shall appoint and the
authority shall employ a president and chief executive officer of
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the authority who shall be qualified by training and experience
for the overall management of the utility. The chief executive
officer shall serve according to the terms of an employment
contract to be executed between the officer and the board, and
shall have such authority as delegated by the board. The salary
of the chief executive officer shall be fixed by the board.
The chief executive officer shall, subject to board
approval, ( 1 ) determine the number of employees necessary for the
operation of the utility, and ( 2 ) fix their duties and
compensation. The chief executive officer shall have control of
all actual construction and repairs, the immediate management of
operation of the utility, and the enforcement and execution of
all rules and regulations, programs, plans, and decisions made or
adopted by the board. The chief executive officer shall maintain
suitable permanent records regarding actions taken. The chief
executive officer shall prepare plans and specifications, take
bids, and let contracts, subject to the approval of the board.
The chief executive officer shall prepare and submit to the board
periodic reports on the utility' s compliance with local, state,
federal laws in the areas of safety, environmental matters, and
civil rights .
D. Other employees . There shall be such other officers and
employees of the authority as may be provided by the board. The
officers and employees shall be appointed and removed by the
chief executive officer subject to the provisions of applicable
local, state and federal laws or binding contracts entered into
with employees and the authority, or both.
E . Surety bonds . The board may require surety bonds for any
of the officers and employees of the authority in such amounts as
the board deems necessary. The premiums for the bonds shall be
paid by the authority in the same manner as any other operating
expense.
Section 30 . 05 . Powers and Duties of the Board.
A. Real estate and contracts . The board, in the efficient
and economical operation of the authority, may, as state law
permits : ( 1 ) sell its products and services to the public and
private corporations and to other consumers; ( 2 ) construct and
operate plants and operate distribution system, transmission
lines, and other facilities; ( 3 ) purchase real estate and
franchises; and ( 4 ) enter into all contracts, leases, and
agreements in furtherance thereof.
B. Joint operations with others . The board may enter into
contracts and agreements with any public or private corporation
or any individual, both inside and outside the boundaries of the
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county and state: ( 1 ) for the joint use of property belonging
either to the authority or to the other contracting party or
jointly to both parties; and ( 2 ) for the joint acquisition of
real and personal property, rights and franchises, and the joint
financing, construction, and operation of plants, buildings,
transmission lines, and other facilities .
C. Eminent domain. The board may enter upon any land or
water for the purpose of making surveys and may exercise the
right of eminent domain in like manner as the county, and to the
same extent as the county, when the board determines that public
necessity or convenience requires such action.
D. Use of thoroughfares for utility installations . The
board may use the ground over, under, or along any road, railway,
highway, street, sidewalk, thoroughfare, alley, or waterway in
the operations of the authority, but shall in all cases and
subject to the applicable general regulations of the county and
state cause the surface of the public way to be restored to its
usual condition.
E . Rates . The board shall fix rates and other charges to be
assessed against each customer class for electrical services
rendered by the authority. Rates and other charges for each
customer class shall be based on the cost of the service provided
and be just, reasonable, compensatory, and without undue
preference or discrimination.
The board may require reasonable deposits as security for
the payment of charges for utility services and may provide for
the return of the deposits when satisfactory consumer credit has
been established.
F. Authorization for expenditures . No money shall be drawn
from the funds of the authority nor shall any obligation for the
expenditure of money be incurred except in conformity with
authorization by the board. No claim against the authority shall
be paid unless evidenced by a voucher approved by the chief
executive officer or by some other employee to be designated by
the chief executive officer.
G. Use of utility funds . All utility revenues shall be
directed to the provision of utility services and not applied to
the general fund of the county, unless the transfer of revenues
constitutes a payment in lieu of taxes . Except for those taxes
that are assessed pursuant to county, state, or federal law, no
other taxes or fees, or both, shall be assessed against the
authority. Nothing in this section G. shall prohibit the
authority from entering into such business arrangements or
contracts, or both, with the county as the board may deem
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advisable.
H. Bond issues and other indebtedness . Subject to
applicable state laws, the board may authorize the issuance and
sale of revenue bonds or other types of indebtedness necessary to
finance the acquisition, construction, improvement, and extension
of the utility facilities owned by the county or authority,
including facilities owned or operated jointly with others . Use
of general obligation bonds may entail approval by the county
council .
I . Short-term indebtedness . The board may borrow money for
periods not to exceed three years and may issue negotiable notes,
payable from the revenues of the authority, as evidence of the
indebtedness . The action of the board may be by resolutions that
may be adopted at the same meetings at which the resolutions are
introduced and shall take effect immediately upon adoption.
J. Investment of surplus funds . The board may invest
surplus funds of the authority in securities that are deemed safe
and as may be authorized by specific action of the board.
K. Delegation of powers . The Board shall retain powers
relating to budget approval, rate setting, and long-term
indebtedness; however, it may from time to time delegate in
writing other powers to officers or employees responsible to it,
as may be necessary.
Section 30 . 06. General Provisions .
A. Disposition of Power Authority. The county council shall
have no authority to cease to operate, or to sell, lease,
abandon, or in any other way dispose of the electric power
authority under this Article XXX, without first holding a public
hearing during which a certified public accountant shall present
a report to the county council concerning the revenue that has
been earned by the electric power authority throughout the
county' s ownership, and an analysis of the revenues to be lost by
the county through the proposed sale of the electric power
authority.
There shall be two council votes at least six ( 6) calendar
months apart to call a referendum election concerning a sale of
the authority. The county shall hold a referendum election which
must be passed by a majority of the voters, voting at the
election, to approve a sale. The referendum election shall be
held at the next regularly-scheduled general election.
B. Existing obligations . Contracts and obligations relating
to the electric power authority which were incurred prior to the
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effective date of sections 30 . 02 through 30 . 06 shall not be
impaired and shall be binding upon the board insofar as they
apply to the authority.
C. Repeal of prior County charter provisions and ordinances .
All county charter provisions and ordinances and parts of county
charter provisions and ordinances inconsistent with any provision
of this Article XXX are hereby repealed; however, all county
charter provisions and parts of county charter provisions that
are not inconsistent with any provision of this Article XXX
including, but not limited to, Article XX of the charter, shall
apply to this Article XXX.
D. Severability of provisions . If any provision of this
Article XXX, or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the Article which can be given
effect without the invalid provision or application, and to this
end the sections, subsections, and parts thereof of Article XXX
are severable. "
(Amended 2002 )
ARTICLE =1
DEPARTMENT OF PARKS AND RECREATION
Section 31 . 01 . Organization. There shall be a department of parks
and recreation consisting of a parks and recreation director and
any necessary staff.
Section 31 . 02 . Director. The parks and recreation director shall
be appointed and may be removed by the [mayor] county manager. The
director shall have had a minimum of five years of experience in a
responsible administrative capacity, either in public service or
private business or both, and shall be the administrative head of
the department .
Section 31 . 03 . Powers, Duties and Functions . Except as otherwise
provided by law, the director of parks and recreation shall :
A. Plan, design, construct, operate, and maintain all parks
and recreational facilities of the county.
B. Develop and implement programs for the cultural,
recreational, and other leisure-time activities for the people of
the county.
C. Beautify the public parks and recreational facilities of
the county.
D. Perform such other duties as may be prescribed by the
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[mayor] county manager or by ordinance. (Amended 2006)
ARTICLE XXXII
COUNTY AUDITOR
Section 32 . 01 . Office Established; County Auditor.
A. There is established within the legislative branch an
office of the county auditor, to be headed by a county auditor who
shall be appointed by the county council and shall serve for a
period of six years, and thereafter, until a successor is
appointed. The salary commission shall fix the salary of the
county auditor. The county council, by two-thirds vote of its
membership, may remove the county auditor from office at any time
for cause.
B. The county auditor shall possess adequate professional
proficiency for the office, demonstrated by relevant
certification, such as certification as a certified internal
auditor or certified public accountant, or have an advanced degree
in a relevant field with at least five years experience in the
field of government auditing, evaluation, or analysis . A
certified internal auditor or certified public accountant shall be
preferred. The county auditor shall have a bachelor' s degree in
accounting, business administration, or public administration or
related field. If financial statement audits are conducted, the
county auditor shall be a certified public accountant.
C. Except for exercising the right to vote, neither the
auditor nor any member of the office of the county auditor shall
support, advocate, or aid in the election or defeat of any
candidate for county public office.
D. The county auditor may appoint the necessary staff for
which appropriations have been made by the county council .
Subject to the provisions of this charter and applicable rules and
regulations adopted therunder, the county auditor shall have the
same powers with respect to the personnel of the office of the
county auditor as department heads have over their personnel .
Staff shall be appointed by the county auditor in a manner
consistent with the merit principles, devoid of any bias or
prejudice.
Section 32 . 02 . Powers, Duties, and Functions .
A. Pursuant to County Charter Article III, Section 3 . 17,
Investigation, the county council is empowered to establish the
office of county auditor. It shall be the duty of the auditor to
conduct or cause to be conducted:
1 . The independent annual or biennial audit of all
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county funds and accounts to be conducted by a certified
public accountant or firm of certified public accountants as
required by Section 3. 12 of the county charter;
2 . Performance audits of the funds, programs, and
operations of any agency or operation of the county as
requested by the council by resolution, as authorized by
Section 3. 12;
3. Performance and financial audits of the funds,
programs, and operations of any agency or operation of the
county, as determined by the county auditor to be warranted.
Before the commencement of each fiscal year, a plan of the
audits proposed to be conducted by the county auditor during
the fiscal year shall be transmitted to the county council
for review and comment, but not approval . Te plan also shall
be transmitted to the mayor and filed with the county clerk
as public record; and
4 . Follow-up audits and monitoring of compliance with
audit recommendations by audited entities . The county
auditor shall conduct or cause to be conducted all audits in
accordance with government auditing standards .
B. Audit findings and recommendations shall be set forth in
written reports of the county auditor, a copy of which shall be
transmitted to the mayor and to the county council and filed with
the county clerk as public record.
C. For the purposes of carrying out any audit, the county
auditor shall have full, free, and unrestricted access to any
county officer or employee and shall be authorized to examine and
inspect any record of any agency or operation of the county, 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 the request of the county
auditor, shall have the power to compel obedience to any process
of the county auditor and to punish, as a contempt of the court,
any refusal to comply therewith without good cause. The county
auditor may retain special counsel, in the manner authorized by
the county council, to represent the county auditor in
implementing these powers . False swearing by any witness shall
constitute perjury and shall be refereed by the county auditor to
the prosecuting attorney for prosecution. In any audit which
concerns the alleged gross misconduct or alleged criminal conduct
on the part of any individual, such individual shall have the
right to be represented by counsel and the right to have the
county auditor compel the attendance of witnesses on behalf of the
individual .
D. The county auditor' s performance shall be evaluated
annually by the county council . The county auditor' s audit
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activities shall be subject to quality review in accordance with
applicable government auditing standards by a professional, non-
partisan, objective group. The written report of the independent
review shall be transmitted to the county council and mayor and
filed with the county clerk as public record.
E. For the purpose of this section and section 3 . 12 : "An
agency or operation of the county" includes any administrative
agency, semi-autonomous agency, council office, and other
establishment of county government supported, in whole or in part,
by county or public funds .
"Council office" includes the county council itself, the
office of a councilmember and the councilmember' s immediate staff,
the office of the county clerk. This definition applies only to
those sections . It shall not be construed as excluding the office
of the county auditor and the legislative branch.
"Record" includes any account, book, paper, and document, and
any financial affair, notwithstanding whether any of the preceding
is stored on paper or electronically.
Section 32 . 03. Audit Committee.
A. The county council may establish and audit committee, the
members of which shall individually advise the county auditor on
the following: formulation of the plan of audits proposed to be
conducted by the county auditor pursuant to Section 32 . 02 C;
conduct of audits, follow up of audits; selection of private
contractors to perform audits for the county auditor; evaluation
of preliminary audit findings and recommendations and county
agency, officer, or employee responses to the preliminary findings
and recommendations; and evaluation of the county auditor' s
performance during each fiscal year. If established, the audit
committee shall consist of five members .
1 . One member shall be the chair of the county council
committee with jurisdiction over the administrative budget
ordinances; and
2 . The other members shall be appointed by the county
council . The county council shall appoint members who are
qualified by experience, expertise, and independence to perform
the duties of the audit committee. A member appointed by the
county council shall not hold any other office or position with
the county while on the audit committee. The method of
appointment, terms, and specific qualifications of the appointed
members shall be established by the county council by ordinance or
rule. The county council also may establish by ordinance or rule
provisions for the removal of an appointed member for cause. The
audit committee shall be within the office of the county auditor.
B. Members of the audit committee shall advise the county
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auditor. All audit committee meetings shall be open to the public
except as provided for in Chapter 92, Hawaii Revised Statutes .
C. The chair of the audit committee shall be appointed by the
county council in the manner provided by ordinance or rule. A
meeting of audit committee may be called by the committee chair or
county auditor.
D. Members appointed by the county council shall not be
entitled to compensation for serving on the committee. The member
from the county council shall not be entitled to compensation for
serving on the committee that is additional to the compensation
received as a councilmember. All members, however, shall be
entitled to be reimbursed for travel and other necessary expenses
incurred by them in the performance of their official duties .
E. Section 23. 02 . Boards and Commissions shall not apply to
the members of the audit committee.
Section 32 . 04 . Transition Provision concerning the Transfer of
Audit Functions to the Office of the County Auditor.
A. All lawful obligations and liabilities owed by or to the
office of the county clerk relating to financial and performance
audits on June 30, 2009 shall remain in effect on July 1, 2009 .
The obligations and liabilities shall be assumed by the office of
the county auditor. All contracts held by the office of the
county clerk relating to financial and performance audits, which
are to remain effective after June 30, 2009, shall be assumed by
the office of the county auditor. The contracts shall continue in
effect until fulfilled or lawfully terminated. All financial and
performance audit activities administered by the office of the
county clerk on June 30, 2009, shall be assumed by the office of
the county auditor on July 1, 2009 .
B. On July 1, 2009, all records, data, and information held
by the office of the county clerk relating to financial and
performance audits which have not been completed as of June 30,
2009 shall be transferred to office of the county auditor.
C. The legislative auditor (program analyst V) and program
support tech positions in the office of the county clerk on June
30, 2009 shall continue with the office of the county auditor on
July 1, 2009 . These employees, if positions were already filled,
shall continue service without any loss of vacation allowance,
sick leave, service credits, retirement benefits, or other rights
and privileges because of the charter amendments . Nothing in this
subsection, however, shall be construed as preventing future
changes in the employees' status pursuant to the county auditor' s
powers with respect to personnel in the office of the county
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auditor. (Amended 2008 )
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