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HomeMy WebLinkAboutResolution No. 2012-41 Draft 1COUNTY COUNCIL COUNTY OF KAUAI e otutto No. 2012 -41, Draft 1 RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO BUDGET PROCEDURES BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII:SECTION 1. Section 19.02, Article XIX, of the Kaua`i County Charter is hereby amended as follows: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 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 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.]B. On or before the date specified by the mayor, the head of each county department, office or agency shall furnish the mayor 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 may request."SECTION 2. Section 19.07, Article XIX, of the Kaua`i County Charter is hereby amended as follows: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.1 Upon receipt of the mayor's communication which suggests modifications to the proposed annual budget ordinance, the council shall hold a public hearing on the mayor'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 communication.]Upon the conclusion of the hearings, the council may reduce any item or items in the mayor'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 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 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, 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."SECTION 2. Material to be deleted is bracketed. Upon adoption of this amendment, the County Clerk need not show the brackets, bracketed material, when including this amendment in the Charter.SECTION 3. The County Clerk and County Attorney shall approve the ballot question which shall be substantially in the following form:Shall the provisions be deleted that allow the mayor after submitting the proposed annual budget, to submit budget modifications before the council adopts the annual budget ?"SECTION 4. Upon adoption of this Resolution by five or more councilmembers after two readings on separate days, the County Clerk and County Attorney shall take the necessary steps to submit this amendment to the voters.Introduced By: /s/ JOANN A. YUKIMURA V: \CS OFFICE FILES\ RESOLUTIONS \2010 - 2012 \R2012- 41DRAFT 1\SS_ds Via 06 -13 -2012 2 C'.,.rfia.n Of daorne-lU ' ef cc„, , di ca O. 201 241, 'D4 1 a ..i,e. akmoi,e 4 ..e. awa 4 ,'ti, cSXa,te 4 i; i,Y :e, Mutta`i, Jl,an4a , om j'iine 13, 2012.4 Dtai a a d., mn vu,9 ga ,4 7 0 0 0 Upon receipt of the mayor's communication which suggests modifications to the proposed annual budget ordinance, the council shall hold a public hearing on the mayor'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 communication.]Upon the conclusion of the hearings, the council may reduce any item or items in the mayor'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 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 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, 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."SECTION 2. Material to be deleted is bracketed. Upon adoption of this amendment, the County Clerk need not show the brackets, bracketed material, when including this amendment in the Charter.SECTION 3. The County Clerk and County Attorney shall approve the ballot question which shall be substantially in the following form:Shall the provisions be deleted that allow the mayor after submitting the proposed annual budget, to submit budget modifications before the council adopts the annual budget ?"SECTION 4. Upon adoption of this Resolution by five or more councilmembers after two readings on separate days, the County Clerk and County Attorney shall take the necessary steps to submit this amendment to the voters.Introduced By: /s/ JOANN A. YUKIMURA V: \CS OFFICE FILES\ RESOLUTIONS \2010 - 2012 \R2012- 41DRAFT 1\SS_ds Via 06 -13 -2012 2 C'.,.rfia.n Of daorne-lU ' ef cc„, , di ca O. 201 241, 'D4 1 a ..i,e. akmoi,e 4 ..e. awa 4 ,'ti, cSXa,te 4 i; i,Y :e, Mutta`i, Jl,an4a , om j'iine 13, 2012.