HomeMy WebLinkAbout2013_0722_Agenda Packet Jan TenBruggencate Members:
Chair Mary Lou Barela
Joel Guy
James Nishida, Jr.
Ed Justus Patrick Stack
Vice Chair Carol Suzawa
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COUNTY OF KAUA'I CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, July 22, 2013
4: 00 p.m. or shortly thereafter
Mo 'ikeha Building, Meeting Room 2A/B
4444 Rice Street, Lihu'e, HI . 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of May 20, 2013
BUSINESS
CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and
proposing non-substantive corrections and revisions to Articles XI through XV
of the Charter. (On-going)
CRC 2013- 10 Discuss how to initiate community discussion on proposed charter changes that
are necessary or desired (Deferred 5/20/13)
CRC 2013 - 11 Briefing from the County Attorney on the status of Kauai County Charter
Section 3 . 19, after order in Kaua'i Beach Villas — Phase II, LLC. V. County of
Kaua'i
ANNOUNCEMENTS
Next Meeting: Monday, August 26, 2013 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B
The Office of Boards and Commissions will no longer be providing bottled water to our members
starting July 1St, 2013 . This is one of our sustainability goals. Staff will provide cold water using a
filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo.
ADJOURNMENT
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an
executive session on any agenda item without written public notice if the executive session was not
anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be
limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to
the public.
An Equal Opportunity Employer
Cc: Deputy County Attorney Jennifer Winn
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior
to the meeting indicating:
1 . Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3 . Whether you will be testifying in person or submitting written comments only; and
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to :
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite .150
Lihu` e, HI 96766
E-mail:bdavis@kauai.gov
Phone: (808) 241 -4919 Fax: (808) 241 -5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards and
Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting.
Charter Review Commission — July 22, 2013 Wage
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COUNTY OF KAUAI -
Minutes of Meeting
OPEN SESSION
. Board/Committee: I CHARTER REVIEW COMMISSION Meeting Date I May 20, 2013
Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 p.m. I End of Meeting: 4:55 p.m.
Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members: James Nishida (4:06 p.m.); Patrick Stack; Carol Suzawa
Also : Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator
Paula Morikami; Administrative Aide Teresa Tamura and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law
Excused Members : Mary Lou Barela; Joel Guy
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair TenBruggencate called the meeting to
order at 4:00 pm with 4 Commissioners present.
Chair TenBruggencate forwarded the fact sheet
from the League of Women Voters of Kaua'i ' s
on Districting to the Permitted Interaction Group
for their study.
Approval of Open Session Minutes of April 22, 2013 Mr. Justus moved to approve the minutes as
Minutes circulated. Mr. Stack seconded the motion.
Motion carried 4:0
Business CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on
identifying and proposing non-substantive corrections and revisions to
Articles V through X of the Charter. (On-going)
Mr. Justus asked if the Commission had determined whether County,
Council, and Mayor, etc., were to be capitalized or not. Mr. Shiramizu said
it should be consistent but he did not recall whether there was a decision to
capitalize such words or not. His notes show that council members should
R, $ be two words and not one word, however, Mr. Shiramizu suggested it be
kept the same as the original Charter, which is one word. The
(y capitalization of those words seems to have appeared in the recent year' s
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Charter Review Commission
Open Session
May 20, 2013 Page 2
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SUBJECT DISCUSSION ACTION
amendments. Mr. Stack referred to Skrunk and Cummings, a writer' s
guide, which suggests when the president is referred to in the third person
it is lower case; when a certain name is attached or it is obvious a particular
president is being referred to then it is capitalized. Chair TenBruggencate
pointed out that the Charter never refers to a particular person; it is
whoever is currently in office. Mr. Nishida entered the meeting at 4:06 p.m.
Mr. Justus moved to leave the titles of persons
and offices in lower case in accordance with the
original Charter. Mr. Nishida seconded the
motion. Motion carried 5 :0
Section 7.05 B Insert "mayor" before the word staff to read: Appoint the
necessary members of the mayor 's staff and other employees and officers
whose appointments are not provided herein. This differentiates the
appointment of administrative staff versus the council staff.
Section 7.05 H For ease of reading, swap "messages" and "information"
and change is to "are": Present information or messages to the council
which in the mayor 's opinion are necessary or expedient.
Section 7.06 Following discussion on whether to insert "Amended 2006"
after each sub-section, Attorney Winn suggested it was easier to make the
notation at the end of each section because sub-sections can be amended
versus the whole section. Mr. Shiramizu agreed.
Section 7.08 A ( 1 ) Should the managing director be referred to as the
mayor' s principal administrative aide since that was the former title for the
managing director. Mr. Stack said in the corporate structure, people's
responsibilities are delineated by "executive" or "administrative" and the
title managing director is clearly an executive position while administrative
Charter Review Commission
Open Session
May 20, 2013 Page 3
SUBJECT DISCUSSION ACTION
aide suggests something else altogether. Attorney Winn said this might be
more of a substantive issue rather than just a grammatical change. Mr.
Stack agreed saying this has to do with the authority of the managing
director. In a corporate structure the managing director, as a line function,
has the ability to hire and fire. An administrative aide does not usually
have that same authority in the corporate world. Being of the nature of a
substantive change, Chair TenBruggencate said he would entertain this in
the future if the Commission would like to further define the rules of the
managing director.
Section 7.07 A Mr. Shiramizu explained his difficulty with changing "he
succeeded" in the next to last sentence to "he or she succeeded" and asked
if it would change the meaning to say "unexpired" term. The Commission
members were in agreement with "unexpired" term.
Section 8.04 In the last sentence, it would clarify the vagueness of the
office if the words of county attorney were inserted which would then read:
The county attorney shall perform all other services incident to the office
of county attorney as may be required by law.
Article IXA To make the roman numeral for this article header easier to
read, the Commission agreed to add a dash between the IX and the A : IX-A
but not add a dash to the individual section numbers.
Mr. Shiramizu was asked to make the changes to the working document as
discussed. Ms. Morikami asked for clarification of the wording in Article
V, Section 5.01 B (2) if a comma should be added in the first sentence
following "Take charge of". In reviewing a copy of the original Charter,
the comma is present and the section correctly reads, with exception of
addressing the gender neutral term, as follows: (2) Take charge of safely
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Charter Review Commission
Open Session
May 20, 2013 Page 4 .
SUBJECT DISCUSSION ACTION
keep and dispose of all books, papers and records which may properly be
filed in [his] the county clerk 's 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. Mr. Shiramizu exited the meeting.
CRC 2013-03 (cont'd)
a. Island of Hawai'i' s 2010 purpose for making Housekeeping
Amendments to the Charter and the amended Charter Language
Mr. Stack said he asked for the information on Hawai'i Island' s 2010
amendments as a comparative analysis to simply double check this
Commission' s own work. Ms. Morikami read the ballot wording that
Hawai'i Island used in 2010 to correct grammatical errors to their Charter.
When this Commission drafts the language for the 2014 ballot, it will also
include wording to correct gender neutral issues.
b. Discussion on how to formulate Kaua'i' s presentation to educate the
public on proposed changes to the Charter
Chair TenBruggencate asked to defer this discussion to the next meeting. Mr. Stack moved to defer item b. to the next
meeting. Mr. Justus seconded the motion.
Motion carried 5 :0
CRC 2013-09 Update from the County Attorney on the appellate court
case regarding the Kaua'i County Charter, Article VII, Section 7.05 as it
relates to the powers, duties and functions of the mayor' s office and Article
XI, Section 11 .04 as it relates to the chief of police.
Attorney Winn stated that the Police Commission filed a notice of appeal
with the Appellate Court on January 8, 2013 . The Police Commission then
filed its jurisdictional statement on March 21 , 2013 . Originally they were
set to schedule their opening brief on April 22nd but they requested an
Charter Review Commission
Open Session
May 20, 2013 Page 5
SUBJECT DISCUSSION ACTION
extension from the Appellate Court. That brief is now due Wednesday,
May 22, 2013 . After the Police Commission files its opening brief the
appellee, who is the Mayor, has 40 days after the opening brief is filed to
file his answering brief. The Mayor can get a 30-day extension by calling
the court. The Police Commission has 14 days after the answering brief is
filed to file a reply brief or a statement to say they are not going to file a
reply. The Appellate Court can ask for argument if they want it but it is not
necessary and it is not done in every case. Chair TenBruggencate asked if
the Appellate Court had a deadline within which it needs to act once it has
all the paperwork in place. Attorney Winn said no. Chair
TenBruggencate, adding up the various timelines, said that the earliest
anything would happen would be September.
Chair TenBruggencate suggested deferring this item for 2 months and ask
for an update at that time.
CRC 2013- 10 Discuss how to initiate community discussion onproposed
charter changes that are necessary or desired
Chair TenBruggencate suggested combining this item with CRC 2013 -03
b. for discussion at a later date but asked the Commissioners if anyone had
an idea of how to take the Charter amendments into the public for
discussion. Mr. Justus moved to defer this item. Mr. Nishida
seconded the motion. Motion carried 5 :0
Chair TenBruggencate reopened agenda item CRC 2013-09 for the purpose of
discussion by Mr. Stack.
Mr. Stack said the discussion begins with a question. The Charter Review
Commission has no authority to regulate the day-to-day operations of different
departments and that being the case, by what authority is the CRC talking
about the Mayor' s actions in his "day-to-day" operations of hiring and firing
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Charter Review Commission
Open Session
May 20, 2013 Page 6
SUBJECT DISCUSSION ACTION
people.
Attorney Winn said the CRC has the authority to talk about changes to the
Charter and if the CRC is using situations they have seen on why or why not a
Charter amendment would be desirable or necessary, they can discuss it. But
no, the CRC cannot tell the Mayor he can or cannot do something. In general
the Charter itself is supposed to be a broad document versus ordinances which
get into the details.
Mr. Stack said the CRC is not involved in an event that took place but
involved in policy for the future as it relates to the authority of a particular
individual within the structure. Attorney Winn said that sounded right.
Announcements Next Meeting: Monday, June 24, 2013 at 4:00 pm in the Mo'ikeha Building,
Meeting Room 2A/B
The Office of Boards and Commissions will no longer be providing bottled
water to our members starting July 1St, 2013 . This is one of our
sustainability goals. Staff will provide cold water using a filtered system
(i.e. Brita), so please bring in your water bottle that was provided to you.
Chair TenBruggencate announced he would be out of town on the day of the
next scheduled meeting. Mr. Justus said he would also probably be out of
town on that day as well. Chair TenBruggencate asked Staff to try to set
another date but if there is a quorum for June 24, Mr. Stack is designated as
Chairman Emeritus to chair the meeting. Mr. Justus stated he also would not
be available on June 17 and further suggested postponing the PIG report until
the July meeting. Chair TenBruggencate asked Staff to try to change the
meeting to the 17th and if Mr. Shiramizu is not available on that date then
cancel the meeting.
Adjournment Chair TenBruggencate adjourned the meeting at
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Charter Review Commission
Open Session
May 20, 2013 Page 7
SUBJECT DISCUSSION ACTION
4:55 p.m.
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk Jan TenBruggencate, Chair
( ) Approved as is.
( ) Approved with amendments. See minutes of meeting.
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ARTICLE XI
• POLICE DEPARTMENT a
ye
Section 11 . 01 . Organization . There shall be a police department t • rk
I consisting of a police commission , a chief of police , and the ° '
necessary staff . (Amended 1984 ) C
• �y
Section 11 . 02 . Police Commission . The police commission shall a °?
consist of seven members appointed by the mayor 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 r! r t
commission shall : '
A . Adopt such rules as it may consider necessary for the t
conduct of its business and the regulations of matters relating to 1p
the goals and aims of the department . Y
F
• 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 F
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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 " .F�
within ninety days . f;
F
• D . Refer all matters relating to administration of the rc
department to the chief of police .
E . Adopt such rules to regulate political activities of the 1
members of the police department . ( Amended 1984 )
y .r Formatted Highlight F.A
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24. -
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r:J�4aa'"':'. '•3:, 1f.:►i::itL:.:.a 4.acaraw:i IW
SRC a.0 %3r ° 3
Section 11 . 04 . Chief of Police . The chief of police shall be
appointed by the police commission„ and may be removed by the -.—{ Deleted: . He 3
police commission only after being given a written statement of
I the charges against the chief and a hearing before the commissio_ n . .,,.--•{ Deleted: him )-.
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 . ,-_. •-.(Deleted: ae 1 chief of police 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
0 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 .
0 .
F . Promulgate rules and regulations necessary for the diit
organization and internal administration of the department .
( Amended 1984 )
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 1
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 �yto the provisions presently contained in • Comment [I23]: originai charter: of ..
I Chapters 76 and 89 $tf the )iawai ' i Revised Statues . (Amended 1984 )
Deleted: or
I I Deleted: Hawaii
1
Formatted: Highlight
- 25 - _ ,
-( 11 / 121
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ARTICLE XII - •f Formatted: Centered )
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 ) d
. •1
Section 12 . 02 . Fire Chief . The fire chief shall be appointed and 1. , - - - . , .
I may be removed by the fire commissio; and shall have had a minimum { Deleted: . He I'
of five years of training and experience in fire prevention and 1 •.
control in private industry or government service , at least three ; .
years of which shall have been in a responsible administrative P. '
capacity . (Amended 1980 , 2006 )
i
Section 12 . 03 Powers , Duties , and Functions . The fire chief shall I. .
be the administrative head of the fire department and shall : ,
I
A . Appoint , train , equip , supervise and discipline the - -
personnel of the fire department in accordance with department f .
rules and civil service regulations . .
B . Provide an effective program and leadership for county-
I wide fire prevention , fire control , and rescue operations . . •
I - C . Control , manages_ and account for all . .
property in the
custody, of the fire department .
D . Execute such other powers and duties as may be prescribed 1I
by law or assigned by the mayor . .
Section 12 . 04 . Fire Commission . There shall be a fire commission .
consisting of seven members . Commission members shall be
appointed by the mayor and approved by the council and be , 11'
otherwise governed by the provisions of section 23 . 02 of the j . . .
charter . (Amended 2006 )
y .
Section 12 . 05 . Powers , Duties , and Functions of the Fire '
Commission . The fire commission shall : +
A . Adopt rules necessary for the conduct of its business and : . ti
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 and the council . . . , :.:
, .
C . Review the department ' s operations , as deemed necessary, _ . i
for the purpose of recommending improvements to the fire chief . i
.{Formatted: Highlight
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I - 26 - 1111i12A ;
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. . . . .
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 a
any way with the administrative affairs of the department .
(Amended 2006 )
ARTICLE XIII •
DEPARTMENT OF PUBLIC WORKS • .
I Section 13 . 01 . Organization . There shall be a department of public ;,.-•4 Dseted: 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 . The county engineer ;,:.:,, . Ddeted: ae ;';
shall be a registered engineer `atv shall have had a m i n i m u m... . Comment [CH524]: correct in
five years of training and experience in an engineering position, ? official version _
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 r
construction of all public facilities and improvements undertaken
by the county .
B . Maintain , repair , and upkeep all county facilities and it •
improvements . t
ti
C . Collect and dispose garbage and refuse .
D . Examine and enforce the construction requirements and t
standards of all public and private construction and improvements
in accordance with the building code , subdivision code or such .
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other regulations as may be in • effect in the county .
{ Formatted: Highlight
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— 27 - r11L12
• 6: ...... 7-. ;'d
E . Design , install , inspect , maintain and repair all traffic
I signs , traffic control facilities and devices and street lighting
system.
F . Perform such other duties as may be assigned by the mayor
I or prescribed by law .
ARTICLE XIV
PLANNING DEPARTMENT
Section 14 . 01 . Organization . There shall be a planning department
Iconsisting of a planning commissior a planning director , _ and the - Commit [12.5]: comma is correct in
necessary staff .
original version
Deleted: .
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,, trainin g . occupation , or experience . ,
This amendment shall take effect upon its approval , and apply
to appointments or reappointments made thereafter . All planning
(commission ' members • 'Ipresently serving may continue to serve their Comment [126]: original charter says
Iremaining terms notwithstanding this amendment The mayor shall `planning commissioners'
phase in this requirement in any order the mayor deems appropriate ,N.,. tComment [CH527]: Error in
.unofficial codified version .
as terms expire or vacancies arise . At the time of appointment , official version has a,period..,
the mayor shall declare which interest the appointee represents . mm •
( Amended 1992 )
Section 14 . 03 . Duties and Functions of the Planning Commission .
The planning commission shall : f
A . Advise the mayor , councils 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
recommendations thereon , through the mayor , to the council for its
consideration and action .
{ Formatted: Highlight
- 28 - (. 11 / 12). . .
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 , complementing and reflecting the State and Federal
4rogram4 for the jcount}ii . :--- • Comment [128]: Same as 127
Comment [129]: Not capitalized in
• G . Perform such other related duties as may be necessary to ' original charter
fulfill its responsibilities under this charter . I, Deleted: Programs
Deleted: County
Section 14 . 04 . Director . The planning director shall be appointed
and may be removed by the commission . ,The planning director shall Deleted: He
have a college degree in planning , engineering , architecture , or • - Dj : either planning
,shall have had a minimum of five years of training and experience Deleted: he
in a responsible planning position , at least three years of which
shall have been in an administrative capacity in charge of major -
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planning activities . ,The planning director shall be the .-••{ DNeted: xe
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 -
contemplated by the several departments in the order of their
{ Formatted: Highlight )
- 29 - .1 ( 11 / 12 )-
. I
priority for the county . .
E . Advise the mayor , 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
y as a guide to all future council action concerning land use and
�f 1 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 .
1
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 WI water supply shall govern the extent to which -- Comment p30]: original charter: of
water mains and all necessary appurtenances shall be installed to p� ; or
and within subdivisions .
{ Formatted: Highlight
- 30 - Jill / 12L ,' I
Section 14 . 10 . Zoning Ordinanc44. The council shall enact zoning { Comment [I31]: original Charter :
ordinances which shall contain the necessary provisions to carry .. `` plural
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
I director , and the necessary staff for the purpose of 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
O 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 Iemploymentt. : f ._'the members appointed, one shall ,„-• Comment [132]: Corrects typo in
be selected from among persons employed in private industry iri ' amendment
either skilled or unskilled laboring positions as distinguished Deletech .
from executive or professional positions . (Amended 2006 ) Deleted: or
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
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the determination of the commission and matters of technique and ' • '
administration to be left for execution by the director .
1
Be Hear and determine appeals made by any officer or employee
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 . y
y
C . Advise the mayor and director of personnel services on ":
problems concerning personnel and classification administration .
D . Execute such powers and duties as may be provided by law . f.
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 L
of which shall have been in a responsible administrative capacity
and shall be in sympathy with the principles of the merit system . , "•
I .,The director shall be appointed and may be removed by the '" { Deleted: He )11
commission . The director shall be the head of the department of " c
personnel services and shall be responsible for the proper conduct I '
of all administrative affairs of the department , and for the i -
execution of the personnel program prescribed in this charter and 1 : :
in the ordinances and regulations authorized by this charter . r.
Section 15 . 05 . Civil Service and Exemptions . All positions in the 1 .
county , except those exempted by law, shall be under civil
t : .
service . r.
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ARTICLE III
COUNTY COUNCIL
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 .
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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 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 . 5 % ) 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 )
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