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HomeMy WebLinkAbout2014_0224_AgendaPacket James Nishida, Jr. Members: Chair Mary Lou Barela Joel Guy Ed Justus Jan TenBruggencate Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, February 24, 2014 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 January 27, 2014 COMMUNICATION CRC 2014-02 Letter dated 1 /27/14 from Councilmember Kagawa in opposition to election districting BUSINESS CRC 2013-03 Review of Recommendations in Ramseyer form from legal analyst Curtis n Shiramizu on identifying and proposing no -substantive corrections and revisions to the Kauai County Charter for Articles I through XIX (On-going) (Deferred to 2/24/14) CRC 2014-03 Overview of the findings and recommendations of the Special Committee on the 7 District Proposal to the Charter Review Commission, pursuant to Section 92- 2.5, Hawaii Revised Statues and Rule 6, Rules of the Kauai County Charter Review Commission for discussion and possible decision-making by the Commission as a whole at its March 24, 2014 meeting CRC 2014-04 2013/2014 Tracking of Proposed Amendments for consideration of placement on the 2014 ballot CRC 2014-05 Overview of the 2014 CRC Timeline for Charter Amendments/Election Calendar ANNOUNCEMENTS Next Meeting: Monday, March 24, 2014 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B An Equal Opportunity Employer The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 111, 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. 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 L-iiu` e, HI 96766 E-mail:bdavisAkauai Gov Phone: (808) 241 4919 Fax: (808) 241 -5127 Charter Review Commission — February 24, 2014 2 P a g e • 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, id 1 , s , Charter Review Commission February 24, 2014 0 3 P a g e COUNTY OF KAUAI MR Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date January 27, 2014 Location Mo 'ikeha Building, Meeting Room 2A/213 Start of Meeting: 4:03 p.m. End of Meeting: 4:36 p.m. Present Chair James Nishida; Vice-Chair Jan TenBruggencate. Members: Joel Guy; Ed Justus; 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. Testifiers : Cathy Adams, Civil Service Commission; Lyndon Yoshioka, Elections Administrator Excused Member Mary Lou Barela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nishida called the meeting to order at 4:03 p.m. with 6 Commissioners present Approval of Regular Open Session Minutes of December 16, 2013 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Mr. Justus seconded the motion. Motion carried 6 :0 Business CRC 2013-03 Review of Recommendations in Ramseyer form from legal Chair Nishida noted that the review of the non- analyst Curtis Shiramizu on identifyine and proposing non-substantive substantive corrections to the Charter has been corrections and revisions to the Kauai County Charter (On-going) (Deferred deferred to the February meeting. Lo 2/24/14 CRC 2013 46 Request from the Civil Service Commission requesting consideration of a Charter Amendment Proposal for Article XV changing the name from "Personnel Services" to "Human Resources" (Deferred from 12/16/13 a. Report on Findings and Recommendations of the Human Resources Taskforce Cathy Adams, out-going Chair for the Civil Service Commission, explained Charter Review Commission Open Session January 27, 2014 Page 2 SUBJECT DISCUSSION ACTION the conversion to. a Human Resources Department started in 2011 when the Cost Control Commission advised the Civil Service Commission that there were personnel staff throughout the various departments who were all doing different things, and not under the supervision of the Director of Personnel Services. There was a great deal of concern that there were inconsistent practices and inconsistent record-keeping, which lead to the Task Force being created. Ms. Adams said she had looked at prior Charter Commission minutes in which it was asked if this was simply a title change. It is partly a title change from Department of Personnel Services to Human Resources, but it is more than that. A number of the FTEs (full time employees) have been consolidated into the department, and the personnel files have been relocated into one master file. There has been a great deal of work on a human resources information system; in the past information was kept on 3"x5" file cards, but the department, is now moving towards an IS (information system) to manage that data. They have changed how they handle worker' s compensation, training, and have also put together an orientation program for new employees. It has been a great deal of work by the Department of Personnel Services, as well as the departments from which all the FTEs came from, to pull this all together. They are doing flow charts to indicate what is occurring, and who does what when someone is hired in order to build clarity around the processes. So, while it is partly a name change, it is hoped that with this process it will add clarity to what people are responsible for as well as clarifying the duties from which the Civil Service Commission will be able to recruit a new director for the department. Mr. TenBruggencate questioned the addition of the language and came under the general supervision of the Mayor in Section 15.04, which does not seem to address directly the issues Ms. Adams raised, but is one that is currently in the courts. Asked about the origin of that language Ms. Adams Charter Review Commission Open Session January 27, 2014 Page 3 SUBJECT DISCUSSION ACTION said the Civil Service Commission hires, fires and disciplines (sic) the director of personnel; that is not the mayor' s responsibility. Beyond that there is this undefined supervision the Commission thought would be helpful to clarify for the future. Mr. TenBruggencate asked if Ms. Adams thought the Commission would object to the inclusion of the word discipline, in addition to appointing and removing, because that is the issue that has come up and is in the courts. Ms. Adams asked if he meant that it was the Civil Service' s responsibility to which Mr. TenBruggencate said yes. Ms. Adams said she would have to go back to the Commission to get their agreement, but she personally did not have a problem with that. Mr. TenBruggencate said his concern is if they are going to make a shift from a weak mayor corm of government then that should be considered across the board, and not change it on a case-by- case basis. Mr. TenBruggencate indicated he had no problem with the rest of the proposed amendment, and thought it was a great advancement for the community to move toward a more comprehensive approach. Mr. Justus suggested the proposed language regarding general supervision by the Mayor in Section 15.04 is covered in the Charter in Section 7.05 A in referring to the Mayor's powers except as otherwise provided, exercise direct supervision over all departments and coordinate all administrative activities and the inclusion of the phrase general supervision would be redundant. Ms. Adams said Mr. Justus may see it as redundant, but the Commission is attempting to clarify for the future to mean the Mayor really does have supervisory responsibility. The Commission still holds the termination responsibility. Ms. Adams said it would not bother her to remove that line even though she still felt it was a good idea to include it. Mr. Justus said where it refers to supervision the Commission is not referring to disciplinary. Charter Review Commission Open Session January 27, 2014 Page 4 SUBJECT DISCUSSION ACTION Ms. Adams said the Commission is very clear they stay out of operations; it is an appellate board who terminates and hires the director. Chair Nishida asked if the move to a Human Resources Department would stop if this Charter amendment does not pass. Ms. Adams said no, they were well down that road. Mr. TenBruggencate told the Chair that he would be in support of removing the general supervision line. Recess The meeting was recessed at 4: 17 p.m. Council Administrative Assistant Eddie Topenio gave the Oath of Office to reappointed Board members Edgar S. Justus IV and Charles Patrick Stack The meeting was called back to order at 4:20 p.m. Business — Mr. Justus moved to approve the proposed (cont'd.) amendment for Article XV. Mr. Guy seconded the motion. Mr. Justus moved to amend the language by removing in Section 15.04 and come under the general supervision of the Mayor. Mr. TenBruggencate seconded the motion. Motion carried 5 : 1 (nay-Guy) Motion to approve the main motion as amended carried 6 :0 CRC 2014-01 Request dated 12/17/13 from the County Clerk on behalf of the Elections Administrator requesting consideration of a Charter Amendment Proposal for Article XXVU, Section 27.07 to align Charter requirements relating to the format of recall ballot questions with State ballot design requirements Charter Review Commission Open Session January 27, 2014 Page 5 SUBJECT DISCUSSION ACTION Lyndon Yoshioka, Elections Administrator, said they are trying to ensure that the language in the Charter is consistent with what is in the Statutes, as well as the Administrative Rules. The Charter requires that the voting target be to the right of the ballot question, however State Law and the Administrative Rules have changed that to allow the voting target, the place where the person will mark on the ballot, to be where ever the (voting) system dictates it needs to be, whether on the left or the right. Some do not believe this change needs to be made, but it would be cleaner to allow that voting target for the recall ballot questions to be on either side of the ballot depending on what the system requirements are. Mr. Justus said because the Charter language has not changed that means the marks they have to hit will always be on the right side currently. Mr. Yoshioka said that is what they have been advised. Receiving requests for meetings to discuss placing a recall question on the ballot resulted in the Elections staff researching the Charter in which we noticed this would have been a problem because the current voting system requires that voting targets be to the left. If money and time were not an issue the vendor could be requested to make those changes, but it would be very expensive and very lengthy because these types of changes need to be recertified by the Federal government before the voting system_ vendor would be allowed to adopt and implement the change in a voting system that is used by a jurisdiction conducting Federal elections. Mr. TenBruggencate asked if this issue arises elsewhere in the Charter with regard to other elections. Mr. Yoshioka said other sections do not specify one side or the other so any system used will be able to accommodate those elections. Mr. TenBruggencate said as Mr. Yoshioka was describing the . change he referenced meeting the requirements of the voting system, but he Charter Review Commission Open Session January 27, 2014 Page 6 SUBJECT DISCUSSION ACTION also mentioned complying with State law, and questioned why that language was not in the proposed ballot question. Mr. Yoshioka said they could refer to counsel as to whether or not that should be included. Mr. Justus moved to accept Article XXVII, Section 27.07, as a Charter amendment. Ms. Suzawa seconded the motion. Mr. TenBruggencate moved to amend the proposal to include the language conform with State law and in the ballot question. Ms. Suzawa seconded the motion. Ms. Suzawa asked whose voting system requirement was being referred to in the ballot question. Mr. Yoshioka said the County contracts with a vendor to provide the vote counting/tabulation as well as the actual voting devices used at the polling places, which are used state-wide. Mr. Yoshioka explained the RFP (request for proposal) and bid requirements used in the selection of a vendor. Mr. Yoshioka asked if it would be possible before the ballot language is set to allow the State' s General Counsel to review it to make sure it is not in conflict with anything. Attorney Winn stated if the Commission approves this proposal, she will do a legal review, and as part of that legal review she could check with the State. Mr. Yoshioka offered to provide the name of the State Attorney they work with. Mr. Justus said if they were changing the ballot question perhaps they should change the Charter language to read The ballots at such recall election shall be in accordance with State Law, Mr. TenBruggencate did not think that was necessary because you cannot violate State Law. Motion to amend the proposal carried 6:0 Motion to approve the main motion as amended carried 6:0 Charter Review Commission Open Session January 27, 2014 Page 7 SUBJECT DISCUSSION ACTION CRC 2013-21 Approval of 2014 Meeting Schedule as revised 12/19/13 Mr. TenBruggencate moved to approve the revised schedule. Ms. Suzawa seconded the motion. Motion carried 6:0 Announcements Next meeting: Monday, February 24, 2014, 4:00 p.m. Mr. Justus requested an overall timeline for submitting amendments to the ballot. Staff agreed this would be compiled as soon as the official submittal dates are received from the elections staff. Adjournment Chair Nishida adjourned the meeting at 4:36 , .m. Submitted by. Reviewed and Approved by: Barbara Davis, Support Clerk James Nishida, Chair O Approved as circulated. O Approved with amendments. See minutes of meeting. COUNTY COUNCIL of OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair �- Mason K. Chock, Sr., Vice Chair p ��� Ricky Watanabe, County Clerk Tim Bynum Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser O Ross Kagawa tti� Q Mel Rapozo '7�, 4, Telephone (808) 241-4188 JoAnn A. Yukimura S oF Fax (808) 241 -6349 Email cokcouncil@kauai.gov Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 January 27, 2014 FEB 4 2014 ! James Nishida, Charter Review Commission Chairperson 1 BOARDS & COMMSSIO ! and Members of the Charter Review Commission Office of Boards & Commissions Charter Review Commission 4444 Rice Street, Suite 150 Lihu`e , Hawaii 96766 Dear Chair Nishida and Members of the Charter Review Commission: RE: TESTIMONY IN OPPOSITION TO THE ELECTION DISTRICTING PROPOSAL Please consider my testimony in opposition to the election districting proposal currently pending before the Commission (CRC 2013- 15 at meeting on October 28, 2013, and referenced in News Release dated December 31 , 2013) . I cannot support the districting proposal for the following reasons: 1 . During the most recent Council election, only nine (9) candidates sought office . I believe that those who feel districting provides a superior system should first attempt to run for election under the current at-large method. If this were to occur, then proponents of this change could at least prove that districting might work. 2. Having served as an at-large Councilmember for over a year, I have found that I can and do serve the entire County equally. I do not serve only residents in Lihu`e, which is where I currently live . 3. The County of Kauai is very small, such that cutting our land area into seven (7) tiny pieces does not make sense . Kauai has a population of 68, 434, Honolulu has 976, 372, Maui has 158, 226, and the Island of Hawaii has 189, 191 . a. First, compare Kauai to Honolulu. There is no comparison, it is "apples and oranges ." b . Next, compare us with Maui. Maui County is made up of Lanai and Molokai who also need representation as well. Perhaps districting works for them, to have diverse representation from each of these islands. 6 /?C ae) l � - off. AN EQUAL OPPORTUNITY EMPLOYER 41W O James Nishida, Jr. , Charter Review Commission Chair and Members of the Charter Review Commission Re : Testimony In Opposition To The Election Districting Proposal January 27, 2014 Page 2 c. Lastly, compare us with the Island of Hawaii. It is three times the size of Kauai, so one might assume districting would prove useful in bringing people together from a distance . However, I have been informed that the Council on the Island of Hawaii struggles to function because of districting. Getting legislation passed there is difficult, because Councilmembers primarily focus only on their districts. In closing, I offer you this advice: take the time to very carefully weigh the variety of comments and testimony from the public. These comments do not always represent the majority of our residents. In fact, I believe the silent majority far outweighs those who want districting in the County of Kauai. This was my belief regarding what our Council observed during meetings regarding Ordinance No. 960, formerly Bill No. 2491 as well. Thank you for your consideration. Should you have any questions, please feel free to contact me or the Office of the County Clerk, Council Services Division at 241-4188. Sincerely, ROSS KA A Councilmember, Kauai County Council JH: aa cc: Paula M. Morikawa, Boards and Commissions Administrator The. underscored or underlined material in a Ramseyered section indicates new material , while the bracketed and stricken material indicates repealed material . ARTICLE VI =CUTIVE BRANCH Section 6 . 01 . Executive Power . The executive power of the county shall be vested in and exercised by the executive branch , which shall be headed by the mayor . Section 6 : 02 . Organization . Except as otherwise provided , within six months after the effective date of this charter , the mayor shall recommend and 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 , 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 to existing agencies , but to the extent that this is not practicable , the council by a vote of five members may upon the recommendation of the mayor create additional departments . Section 6 . 03 . Creation of Advisory Committees . The mayor or department heads , with the approval of the mayor , 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 . Appointment and Removal of Officers and Employees . A . The [ aelministrative--assistant] managing director ito . the mayor,[CMi and all department heads shall be appointed and may be I removed by the mayor , except as otherwise provided by this charter . ( Amended 2010 ) 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 . Powers and Duties of Heads of Executive Agencies . A . Subject to the provisions of this charter and applicable 14 - ( 11 / 12 ) 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 , prescribe such rules as are necessary for the organization and internal administration of the respective executive agencies . 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 [ tea ] the 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 I less than thirty [ ( 39 ) ) years of age who has been a duly qualified resident elector of the county for at least three years immediately prior to [ Mra ] the citizen ' s election shall be eligible for election to the office of mayor . Upon removal of [ h4r& ] the mayor ' s residence from the county , the mayor shall by that fact be deemed to have vacated [ #ra ] the office . ( Amended 1980 ) Section 7 . 03 . Compensation . The salary of the mayor shall be established in accordance with the provisions of [ Aftiell ] article XXIX of this [ GliaEteEr ] charter . ( Amended 2012 ) Section 7 . 04 . Contingency Fund . The council shall provide in the annual budget a [ eentinge ] contingency fund of not less than I $ 2 , 500 [ x$ } to be expended by the mayor for such public purposes as [die ] the mayor may deem proper . Section 7 . 05 . Powers , Duties , and Functions . The mayor shall be the chief executive officer of the county [ . He ] and 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 . 15 - ( 11 / 12 ) B Appoint the necessary members of [mss ] the mayor ' s 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 I [ c ^ ] 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 director of finance or other officer is authorized by this charter , ordinance or resolution to sign . H . Present [messages information or messages to the council which in [hi-&] the mayor ' s 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 - 16 - ( 11 / 12 ) 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 I shall be appointed and may be removed by the mayor . ( Amended 2006 ) 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 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 . ( Amended 2006 ) C . The mayor 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 I administrator ' s functions . ( Amended 2006 ) 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 [ Artiele ] article III , [ ° e�n ] 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 unexpired term [ ef the peEsen he = _ _ _ _ _ d' c �' ] . 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 17 - ( 11 / 12 ) 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 managing director shall act as mayor . In the event both the mayor and the managing director are temporarily absent or disabled , the finance director shall act as mayor during said period . ( Amended 2010 ) C . In the event the person elected as mayor dies before taking office , the person serving as managing director at the termination of the prior term shall continue to serve as acting mayor until a new mayor is elected . ( Amended 2010 ) Section 7 . 08 , Managing Director . The mayor shall appoint and may remove a managing director . The managing director shall be a citizen of the United States I not less than thirty ( (30 ) ] years of age and a resident elector of the county at least three years immediately prior to the appointment . The managing director shall have at least five years experience in an administrative or managerial position with at least a bachelor ' s degree from an accredited institution in public administration , business or a related field . A . Powers , Duties , and Functions . Except as otherwise provided and under the supervision of the [ r ] mayor , the managing director shall : ( 1 ) Serve as the mayor ' s principal administrative aide . ( 2 ) Oversee the administrative functioning of all administrative departments . ( 3 ) Prescribe standards of administrative practice to be followed and evaluate the management and performance of all administrative departments under the director ' s oversight . ( 4 ) Attend meetings of the council and its committees upon request and provide information and reports as they may require . ( 5 ) Perform all other duties as required by the charter or assigned by the mayor . Be The salary for the managing director shall be I set pursuant to [ AEtle-le ] article XXIX of this [ Gh tez ] 18 - ( 11 / 12 ) I charter . ( Amended 2010 ) 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 , with 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 [ ] Hawai ` i and shall have engaged in the practice of law in the State for at least three years . I 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 . [ Re ] The county attorney shall perform all other services incident to [ ham ] the office of the county • attorney 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 [ ef his deputi deputy county attorney . 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 19 - ( 11 / 12 ) 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 ewn ] counsel . ARTICLE IX_A 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 [ ] the election . (Amended 1972 , 1980 , 1984 ) Section 9A . 02 . Qualifications . The prosecuting attorney shall be an attorney licensed to practice and in good standing before the I supreme Court of the State of [ _ ] Hawai ` i and shall have engaged in the practice of law in the State for at least three years . [*e ] The prosecuting attorney shall also have been a duly qualified elector of the county for at least one year immediately preceding [ ] the election of the prosecuting attorney . (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 ] the prosecuting attorney 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 [ire ] the prosecuting attorney shall designate . E . Draw all indictments and attend before , and give advice to the grand jury whenever cases are presented to it for its - 20 - ( 11 / 12 ) 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 by appointment of a person with requisite qualifications within thirty days after the occurrence of the vacancy . IB . If the unexpired term is for eighteen [+14+ ] 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 of the State , insofar as applicable . The special primary election shall be called I by the council and held within forty- five [ -( 4z5 ) ] days after the occurrence of the vacancy . The special general election shall be I 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 . 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 . - 21 - ( 11 / 12 ) 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 . B . Supervise and be responsible for the disbursement of all Imoneys , 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 . D . Prepare for the mayor 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 at the end of 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 . - 22 - ( 11 / 12 ) 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 . 0 . 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 . 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 . 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 . 23 - ( 11 / 12 ) A signed copy of such report shall be filed with the mayor and the council . ARTICLE XI POLICE DEPARTMENT Section 11 . 01 . Organization . There shall be a police department I 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 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 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] and may be removed by the police commission only after being given a written statement of the charges against [h4ffi ] the chief 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 . [44e ] The 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 - 24 - ( 11 / 12 ) department . ( Amended 1984 ) I 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 ) 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 I Ghapt rs chapters 76 and 89 of the [ _ ] Hawaii Revised [ S ] Statutes . ( 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 ] and shall have had a minimum of five years of training and experience in fire prevention 25 - ( 11 / 12 ) 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 ) I 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 . 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 otherwise governed by the provisions of section 23 . 02 of the charter . ( Amended 2006 ) 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 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 , 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 . 26 - ( 11 / 12 ) 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 . [ 44e] The county engineer shall be a registered engineer and 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 ) I 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 . C . Collect and dispose of 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 I signs , traffic control facilities and devices , and street lighting system. F . Perform such other duties as may be assigned by the mayor 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 27 - ( 11 / 12 ) 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 leemm - - - _ _~ = r _ ] 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 . I A . Advise the mayor , 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 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 . . 28 - ( 11 / 12 ) 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 ] state and [ �'�al ] 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 . [44e ] The planning director shall have a college degree in [ either ] planning , engineering or architecture , or [ Ire ] 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 . [ 44e ] The planning director shall be the administrative head of the department . I 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 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 as a guide to all future 29 ( 11112 ) 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 of 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 Ordinances . The council shall enact zoning 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 . 30 - ( 11 / 12 ) Section 14 . 12 . Appeals . Appeals from any decision of the planning commission shall be instituted in the circuit court within thirty [ ( 39 ) ] 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 ] 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 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; [; ] _ [eC- ] Of [CHS37 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 Iaggrieved by any action of the director „ [cxs43 or by any appointing authority . Appeal from the decision of the commission shall be as provided by law . 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 . Section 15. 04 . Director of Personnel Services . The director of - 31 - ( 11 / 12 ) 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 ] The director 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 , [ cxs5 ] 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 COMUSSION 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 of 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 hiffteelf as ] becomes a candidate for election to any public office during the term of [ hd7e ] such person ' s appointment hereunder . This provision shall be enforced by the mayor by the removal of the disqualified member whenever such disqualifications shall appear . Section 16 . 04 . Powers and Duties of Commission . The liquor 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 . I B . Grant , refuse , suspend , and revoke any licenses for the manufacture , importation , and sale of liquors . - 32 - ( 11 / 12 ) C . Investigate violations of liquor control laws through its inspectors , hear and determine all complaints and citations I 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 ] 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 . [ 4+e ] The director 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 with the approval of the council . The [ State ] 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 financial status , [ CHS61 and the activities of management and operation including current projects . It shall submit a written report quarterly to the mayor and council on its financial status and operations . ( Amended 1980 ) B . Review the State ' s and County ' s [ i7l general plans with the 33 - ( 11 / 12 ) board ' s general plan for water sources and system . The board shall transmit such review and plans through the mayor to the council . The board ' s general plan for water sources and system shall implement the ounty ' s [ i8i 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 Gheptef— chapter 145 -A , Revised Laws of [ Hawaii — ] #awa4-�= 1955 [ cas9 ] , 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 I registered under [ rJ Hawai ` i [ e ] state laws pertaining to registration of engineers [ . He ] who shall be known as the manager and chief engineer , [ Casio ] and shall be the head of the department . [ 4e ] The manager and chief engineer 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 , [ —Re ] and 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 [ h47a ] the 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 ) Section 18 . 03 . Civil Defense Contingency Fund . The council shall provide in the annual budget a civil defense contingency fund of 34 - ( 11 / 12 ) not less than $ 50 , 000 [ 8 ] to be expended by the mayor 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 XXX FINANCIAL PROCEDURES Section 19 . 01 . Fiscal Year . The fiscal year shall begin on t4+e [ t—gip # 4-v ] July 1 and end on [ -- _ e ] June 30 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 to the council , together with a budget message and any proposed revenue measure , on or before [ t i;tE! f i_ f t ef 444. :�4 = ] March 15 of each year . If (the P9aEe ] March 15 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 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 . ( Amended 1980 , 1992 ) 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 I and expenditures of the department , office , or agency , together with such other information as the mayor 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 I agency functions , and other expenses incident to the operational requirements of the department or agency . - 35 - ( 11 / 12 ) 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 budget message shall I 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 [ Geunei_ ] 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 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 chatter 92 , [ Hawali Hawai ` i —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 I 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 36 - ( 11 / 12 ) I or before [ t June_ 7 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 I 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 shall constitute a budgetary allotment which shall , unless a revision thereof is approved by the mayor , 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 . The mayor shall direct appropriate revisions in allotments to keep expenditures within the revenues received or anticipated . 37 - ( 11 / 12 ) E . Any part of an allotment which is not expended or encumbered I shall be deemed re - allotted for the next allotment period . F . The mayor 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 . ( Amended 1992 , 1996 , 2002 ) Section 19 . 09 . Capital Program and Capital Budget . A . The capital program shall include : ( 1 ) Permanent public improvements , including planning , I 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 . I ( 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 [ -,1;ee i 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 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 - 38 - ( 11 / 12 ) additional revenues so certified . Such appropriations shall be made I by ordinance adopted pursuant to [ ' _�= n- ] section 19 . 07B . ( Amended 1992 ) B . To meet a public emergency affecting life , health , or property , the council , upon written request by the mayor , may make emergency appropriations . Nothing in this section shall preclude the council from introducing and adopting an emergency appropriation ordinance pursuant to [ etieH ] section 18 . 02 . Such appropriations shall be made by ordinance adopted pursuant to [ ztr -- ] section 4 . 02K except that such ordinance shall be approved by a majority of all [ eoufteil ;fteHd , _ .9 ] councilmembers 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 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 that the revenues available will be insufficient to I meet the amount appropriated , [ ] the mayor shall report to the county council without delay indicating the amount of the deficit , any remedial action taken by [ 1� 4 ffi — ] the mayor , and [ ] 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 [ S , ief-i 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 I 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 - 39 - ( 11 / 12 ) 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 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 removalj [BDii1 . [cxs121 B . Nothing contained in this section or other sections of this charter shall be construed to prevent the making or authorizing of I 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 , 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 . - 40 - ( 11 / 12 ) ( 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 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 -±eeunty} County of [ Kauai 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 of interest , principal , and premium , if any , due I with respect to bonds issued pursuant to [ tens sections 3 . 13 , 3 . 14 , or 3 . 15 , [ GhaE . r] 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 ] 5 percent [ 4-547, - ] 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 [ Geunell council shall by ordinance establish procedures for the administration and priorities for the expenditure of moneys in this fund . I ( Amended 1992 , 2002 ) Section 19 . 16 . Insurance . The director of finance shall procure insurance for the protection of designated properties of the county 41 - ( 11 / 12 ) I 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 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 , except that contracts for purchase of materials , supplies , equipment , I 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 goods , services , and construction required by any department , office , or agency of the county , except the [ _ ] department of water . ( Amended 2010 ) B . All procurements shall be conducted pursuant to state law . ( Amended 2010 ) C . 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 I to secure the benefits of quantity purchases , and to that end cooperate with other public agencies . ( Amended 2010 ) D . The director of finance may , by rules , provide for petty 42 - ( 11 / 12 ) cash funds . ( Amended 2010 ) E . All county storerooms ( other than departmental ) shall be supervised and operated by the director of finance . ( Amended 2010 ) F . The director of finance shall require such guarantees of I performance by vendors as , in [ ham^ ] the director ' s opinion , may be necessary or may be prescribed by ordinance . ( Amended 2010 ) Section 19 . 20 . Disposition of Surplus Property . Surplus property means any property that no longer has any use to the agency or department that has custody of the item . All I departments , offices , or agencies having materials , supplies , or equipment which are not useful to them , shall return custody of the item to the director of finance [ ,— ] who shall , from time to time and at least annually , circulate a list of surplus items to the various departments and agencies of the county or other governmental agencies for redistribution and use . If the surplus property is found to be unusable for public purposes , the director of finance shall , after fixing a minimum price for the property , provide for the sale by sealed bid with or without advertising , to the highest bidder for not less than the minimum price established by the director of finance . Advertised auctions shall be published on two non - consecutive days in a daily newspaper of general circulation in the County I of Kauai or the _ ' _ county ' s website , and the proceeds shall be a realization of the general fund unless required . otherwise by statute , ordinance , rule , grant , or gift . I Surplus property , determined to be of no use to any county agency , may be used for bid purposes , as a trade - in for credit to be applied to the final purchase price of the procurement solicitation . I Surplus property determined to be hazardous , or that may potentially pose a danger to the public , may be disposed of at the direction of the director of finance . The means by which said items are to be disposed of shall be determined solely by the director of finance or designee , provided such means are legal and appropriate for the specific item . Surplus property having little or no monetary or salvage value as determined and certified by the director of finance or designee , and further determined to be impractical to be offered by auction , may be legally disposed of . ( Amended 2010 ) - 43 - ( 11 / 12 ) ... . . . .1.'. .:'J.. Y1: . ... , .. - _ `1' t '. . '1 ' jf J .1 I . ' e 1 t l . .. .. : Section 19 . 21 : Past Due Accounts . . The finance director shall promptly collect all past due accounts .- Unless otherwise provided b , law_ an account more than ninet . Y � y y I i - days past due shall be -: referred to the county attorney ' s office for collection . ( Amended 984 f ., 7 ' = . T, b - - _. !. S -, 4' a r 1. It . v I ' • , j 1 E \ ,i t i ,.< ' I y < F .� . .3:,: {. I . . t . . ., _ _ _ . Y 4 .1,. ' I _. . "Y ! J '.4 . !1 \ 1 : . . _ YI ff .1 - . . _ >, _ _ ! . I `( ; 1 ''a' , `1: d, . . I 1 j`o. . � ./. .. .:Si,' - f I . .. o { } ! [ x 1 ' I� 1, 1 - ^l, p a : . i . .- Y + .1.. .. 1 .ni . . e o. .-3:I . .. T 3 IfL �_ 4 . �. ,91% f ,. �. . <. :r . , t e. 1 - . - _ .I_. — 'i tI .,i F. t , . \ t'. t : ' . . 's . ` _! . . fit :c,. - S _ %i ; ? I . _% fL' ' _ L fa . `. 1 -'k r it n. SV f ..... .: f r ):: . . �.•: 1' 4 b { d - yfk..aa.✓.� _ i. :�. f :i :7.' ..,a :. min { `+.<.[ •.': "� : � ....r if r . 5::. . a w 1 �...._ !)•.5; I. .. '11e . . .. L Feb. 12, 2014 The Special Committee was established by the Charter Review Commission for the purpose of presenting a proposal based on 7 Districts for consideration by the full Commission. Committee Members: Mr. Patrick Stack, Chair Mr. Jimmy Nishida, Member Mr. Joel Guy, Member 1 . Overview of Subcommittee's Findings and Recommendations Three town meetings were held with the intention of soliciting public interest as to the desirability and/or necessity of creating a ballot question which would change the current election procedures of Kaua'i County Council. The proposal would call for the creation of separate and distinct districts which would select one representative who would be a resident of the particular district, as yet to be identified by an apportionment committee. The three town meetings were convened in Kapa'a on Jan. 9, 2014, Princeville on Jan. 13 , 2014 and Waimea on Jan. 16, 2014. Each meeting began at 6 :00 PM and lasted, roughly, 90 minutes and was attended by, roughly, 20 people at each meeting. Findings: Our subcommittee listened to testimony from about 15 members of the community at each of the three meetings. We found the sentiment, collectively, to favor some type of districting, but not for all seven council seats. Almost all of the testifiers wished to retain the right to select some of the candidates as "at large. " Recommendations: The subcommittee recommends that the Charter Review Commission discuss, explore and deliberate the following districting proposals: Four at large with three districts with one councilperson elected from each district using the State of Hawai'i legislative districts. Three at large with four districts with one councilperson from each district. Two at large with five districts with one councilperson for each district. One at large with three districts with two councilpersons elected from each district. Three districts with three councilpersons elected to each state legislative district which would increase the council to nine members. The subcommittee recommends a discussion on these various proposals at the March (2014) meeting. 2013 / 2014 Tracking of Proposed Amendments Charter Proposed Amendment Legal Review 211 Commission Future Action Section Review Sent Rcd CRC 2013-03 Correcting non-substantive language to [3/1/11 ] [3/7/11 ] 2014 Ballot Consideration §24.04 Charter CRC 2013-04 Establish a permanent Charter Review Tabled 1 /28/13 24.03 Commission CRC 2011 - 17 Council Districting — 7 districts 2014 Consideration 3 .03 CRC 2013- 16 Change Department of Personnel 1/30/14 Pending review §XV Services to Human Resources Department CRC 2014-01 (Council Proposed) Format of Recall 1 /30/14 Pending Review 2707 Ballot Questions CRC 2013-05 Qualifications for County Attorney Failed 1/28/13 §8 .03 CRC 2013- 14 Electing the County Auditor Failed 1 /28/13 32.01 CRC 2013- 17 Legal Review of Initiative & Failed 12/16/13 §22.06 Referendum proposals CRC 2013- 18 Mayor — term of Office/removal of Failed 12/16/13 7.01 term limits CRC 2013- 19 Council — term of Office/removal of Failed 12/16/13 3 .03 term limits CRC 2013- 14 Attorney Commission oversight for Failed 10/28/13 XXXIII new County Attorney O d Charter/Tracldng of Proposed Amendments_2013/2014 (updated 2/4/14) Charter Review Commission Timeline for Charter Amendments February 2014 DRAFT April 28 Cutoff date/final approval for proposed Charter Review (Monday) Commission amendment submittals April 29 (Tuesday) Forward proposed Charter amendments to Legal Analyst for Findings/Purpose and Ballot Question May 19 CRC to review amendments and forward to the County (Monday) Attorney for legal review. July 28 Final approval of proposed Charter recommendations by (Monday) CRC. July 29 Communications Team to prepare and format Voter (Tuesday) Education Material July 28 (Monday) to August Primary Election walk-in absentee polling period; 7 (Thursday); M-S 8 to 4 pursuant to HRS § 15-7 August 9 Primary Election (Saturday) August 13 Final review of Voter Education Material from the (Wednesday) County Attorney August 20 All Charter amendment questions(s) due to the County (Wednesday) Clerk for printing of ballot pursuant to HRS § 11 - 119(b) (including Ramsayer text of amendment in Word format August 21 All Charter amendment questions(s) due to State Chief (Thursday) Election Officer for printing of ballot pursuant to HRS § 11 - 119(b) (including Ramsayer text of amendment in Word format August 21 Send Voter Education Material to the Printer for (Thursday) printing, folding and stuffing in mail-out ballots TBD Finalized camera-ready voter education for MidWeek Kauai September 19 Mail-out of General Election absentee ballots to (Saturday) overseas voters (allows for 6 day challenge following primary + 4 day judicial response) (Federal guideline suggests 30-45 days prior to General) TBD-date for local mail out ➢ Mail voter education to non-Kaua'i addresses October 5 County Clerk and Commission jointly publish all (Sunday) proposed Charter amendments in a newspaper of general circulation in the county pursuant to Kauai County Charter Section 24.02 B . (publish not less than 30 days prior) Week of October 15 Publish voter education in MidWeek Kauai October 21 (Tuesday) to General Election walk-in absentee polling period; November 1 (Saturday) pursuant to HRS § 15-7 M-S 8 to 4 November 4 General Election (Tuesday) December 4 County Clerk to publish approved Charter amendments (Thursday) in a newspaper of general circulation in the county within 30 days. k _ ' r ,