HomeMy WebLinkAbout2014_0519_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, May 19, 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 April 28, 2014
BUSINESS
CRC 2013 -03 Review of Recommendations in Ramseyer form from legal analyst Curtis
Shiramizu on identifying and proposing non-substantive corrections and
revisions to the Kauai County Charter (On-going)
CRC 2014-02 Discussion and possible decision-making on a proposed amendment to Article
XXIV relating to signatures required in a petition for a charter amendment
a. Comparison by island from Vice Chair TenBruggencate for signature
requirements for voter initiated measures for charter amendments, initiative,
referendum and recall
CRC 2014-04 Discussion and possible decision-making on preparing the purpose and findings
for proposed amendment to Article XV relating to establishing a Department of
Human Resources and Article XXVII Section 27.07 Recall
CRC 2014-05 Discussion and possible decision-making on whether a footnote is required to
clarify subsections B. and C. of Section 26.04. Status of Departments and Transfer
of Funds
B. The offices of the county auditor and the county treasurer are abolished and
their functions transferred to the department of finance
C. The offices of the elected county clerk and the county attorney are abolished
CRC 2014-06 Discussion on how the quoted material in Section 32.02 E. applies to Section
3 . 12 and whether there are any legal issues with either section as written
An Equal Opportunity Employer
CRC 2014-07 . Discussion and possible decision-making on proposing a Charter amendment to
Article XXIV, Section 24.02 B. which would allow the County the option of
publishing proposed amendments in a newspaper of general circulation in the
county or publishing on-line
ANNOUNCEMENTS
Next Meeting: Monday, June 23 , 2014 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2A/B
The Office of Boards and Commissions will no longer be providing bottled water to our members
starting July 11% 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 Marc Guyot
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.
Charter Review Commission — May 19, 2014 2 1 P a g e
Send written testimony to :
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
L-1hu`e, HI 96766
E-mail :bdavisau,kauai. gov
Phone: (808) 241 -4919 Fax: (808) 241 -5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards and
Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting.
Charter Review Commission — May 19, 2014 y 3 P a g e
s
COUNTY OF KAUAI BMW
Minutes of Meeting
OPEN SESSION
Board/Committee: CHARTER REVIEW COMMISSION Meeting Date April 28, 2014
Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:06 p.m. End of Meeting: 5 : 54 p.m.
Present Vice Chair Jan TenBruggencate. Members: Ed Justus; Patrick Stack; Carol Suzawa
Also: Deputy County Attorney Marc Guyot; Boards & Commissions Office Staff Support Clerk Barbara Davis; Administrator Paula
Morikami; Administrative Aide Teresa Tamura and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law
Testifier: Michael Shooltz
Excused Members: Mary Lou Barela; Joel Guy
Absent Chair James Nishida
SUBJECT DISCUSSION ACTION
Call To Order Vice Chair TenBruggencate called the meeting
to order at 4:06 pm with 4 Commissioners
resent which constitutes a quorum
Approval of Regular Open Session Minutes of March 24, 2014 Mr. Justus moved to approve the minutes as
Minutes circulated. Ms. Suzawa seconded the motion.
Motion carried 4:0
Business CRC 2013-03 Review of Recommendations in Ramsever form from legal
analyst Curtis Shiramizu on identifying and proposing non-substantive
corrections and revisions to the Kauai County Charter for Articles XXIV
through XXXII (On-gig
Mr. Shiramizu apprised the Commission that he would not be available for
the May meeting.
Section 24.01 B, fifth line: leave nor as listed in the original charter.
X41
Section 24.01 B, second paragraph: indent first line of the paragraph. Mr.
Justus suggested we recheck the previous work reviewed by the
LA
Charter Review Commission
Open Session
April 28, 2014 Page 2
-SUBJECT DISCUSSION ACTION
Commission for proper indentation.
Section 24.03 , sixth line: add comma following mayor; seventh line: add
comma following council.
Section 26.03 : suggested insertion of commas accepted by Commission.
Section 26.04 A: suggested insertion of commas accepted by Commission.
Section 26.04 B: Mr. Justus questioned if this section needs a historical
notation. Mr. Shiramizu said presently the Commission cannot do anything
about it, but currently there is a county auditor. Deputy Attorney Guyot said
there are two oddities as there is an office of the county auditor, which is
assigned to the County Council, and there is no longer an office but there is
a position of county treasurer, which is in the Department of Finance. To
clarify it they might consider adding that the positions were transferred to
the County Council and Department of Finance respectively. Vice Chair
TenBruggencate said that rises beyond the level of a non-substantive
change. Vice Chair TenBruggencate asked for sections
26.04 B and C to be placed on the May agenda
Section 26.06: Mr. Shiramizu stated the Revised Laws of Hawaii 1955 as an item for discussion.
have been replaced by the HRS (Hawai`i Revised Statutes), but it was
decided previously to leave it as is. Deputy Guyot asked if there was a
footnote that could be put in at the bottom noting the Revised Laws have
been superseded by the HRS . Vice Chair TenBruggencate said this happens
in other places in the charter and perhaps a footnote to the entire charter
making a note that where there are references to Revised Laws of Hawaii
they have been supplanted by the Revised Statutes. Because it is a
substantive change, the Commission cannot change it, but it does need to be
addressed and the footnote could be non-substantive.
Charter Review Commission
Open Session
April 28, 2014 Page 3
SUBJECT DISCUSSION ACTION
Section 26. 10, fourth line: leave rights as listed in the original charter.
Section 27.01 , first sentence: change "elective" to elected.
Section 27.06, eighth sentence: leave nor as listed in the original charter.
Section 28.01 : add header Organization.
Section 28.04: add header Duties.
Section 28 .03 : Leave the word Repealed as written in the charter. While no
further reference to section 28.03 was found within the charter, there might
be references to that section in other county documents or court records so it
should remain as part of the document.
Section 29.03, tenth sentence: to read . . . . . . . . : . . . . the salary commission for
the position; provided that elected officers. . . . . . . . . . .
Article XXX: Discussion ensued as to whether to delete the word "this"
preceding the word "article XXX" or to leave "this" in place and delete
"XXX". The Commission came to the agreement to leave the word this
throughout the article and to delete XXY
Section 30.02, second paragraph, last line: add a comma following the
word economic.
Section 30.03 B : use lower case for tenure and directors.
Section 30.03 D (2), third from last sentence: add a comma following
Charter Review Commission
Open Session
April 28, 2014 Page 4
SUBJECT DISCUSSION ACTION
Colleges in Western Association of Schools and Colleges.
Section 30.03 D, fourth paragraph, seventh sentence: leave provided that as
written in the charter.
Section 30.04 C: use lower case for executive and officer. Leave the
numbering of items in the second paragraph as originally shown in the
charter and elsewhere when it appears as such.
Section 30.05 B and D: leave state in the lower case in both subsections.
Section 30.06 D, end of sentence: add this before the word article and delete
XXX.
The original amendment uses quotation marks prior to the section header,
Article XXX, and at the end of 30.06 D. Should these quotation marks be
removed?
Section 32.01, Header: delete the word established and the semicolon and
insert the word of to read Office o county auditor. Mr. Justus moved that the word "established;" be
removed and the word "op' inserted in Section
32.01 . Mr. Stack seconded the motion. (No vote
on actual motion)
Section 32.02 A: place a line through the section to be deleted [
Charter- Affiele HI, Seefien 3 . 17] for consistency with Ramseyer work.
Section 32.02 E, first line: following section 3 . 12 colon start a new Vice Chair TenBruggencate asked that Section
paragraph with "An agency. . . . . . 32.02 E and 3 . 12 be placed on the May agenda
for discussion to clarify the quoted material and
why it was written with quotes and are there an
Charter Review Commission
Open Session
April 28, 2014 Page 5
SUBJECT DISCUSSION ACTION
Mr. Shiramizu suggested it was a section defining what an agency or legal issues with either section as written.
operation of the county is so that nothing slips through or to provide clarity
as to what is or what is not. Section C talks about what the responsibility is
for carrying out'any audit noting the fourth line refers to any agency or
operation of the county. It seems they were putting in a definition to agency
or operation of the county, which is subject to this audit process. There is
an audit process in Section 32 and also in 3 . 12. Mr. TenBruggencate said it
is not a direct quote, it is a definition saying these words include these
things. After further explanation from Deputy Guyot, Mr. Justus noted that
the spirit of the issue would supersede the actual text and said he no longer
had an issue and did not need a discussion on this item. Vice Chair
TenBruggencate thought it was still worthy of a discussion at the next
meeting.
Section 32.02 E: set up as three separate paragraphs without spaces
between paragraphs, which will serve as the purpose of definitions.
Section 32.03 A, fifth line: delete space between section 32. 02 and C.
Section 32.04: underscore entire header section and use upper case on the
word concerning.
Section 32.03 E: keep as originally listed in the Charter by leaving a period
following Section 23. 02., and deleting the suggested commas before and
after Boards and Commissions. Mr. Shiramizu to provide the full amended
Charter in Ramseyer version to the Commission
at the next meeting.
Ms. Morikami said the Boards and Commission Office is looking at the cost
of publishing the entire Charter as an insert in the newspaper as required by
the County Charter Section 24.02 B This Commission might want to
Charter Review Commission
Open Session
April 28, 2014 Page 6
SUBJECT DISCUSSION ACTION
consider a proposal for the ballot that allows for on-line publishing of
proposed amendments. With this Charter amendment, along with all the
other proposed amendments, it will be quite a bit of money from the County
to publish all items in their entirety in a newspaper of general circulation.
Ms. Morikami suggested the Commission consider placing this item on the
next agenda for consideration of publishing in the newspaper or on-line. Vice Chair TenBruggencate requested this item
be placed on next month' s agenda
CRC 2014-02 Discussion and possible decision-making on a pro osed
amendment to Article XXIV relating to signatures required in a petition for
a charter amendment.
Vice Chair TenBruggencate explained this proposal would increase the
number of signatures of registered voters in the last election from the
current 5 percent to 20 percent, which would be the same number as is
required for an initiative or a referendum. This commission talked generally
about this a couple of years ago.
Michael Shooltz — This is a very significant change with questions about
what it might entail, when it would go into effect, what the motivation is
behind it, and who proposed it. Currently there are a few thousand people
working to bring a charter amendment to the ballot who will want answers
as well. There seems to be business entities working on stripping the rights
of the people.
Vice Chair TenBruggericate stated that if this Charter amendment gets on
the ballot and passes, it would have no impact on this election cycle or the
charter amendnfent Mr. Shooltz is proposing. Deputy Guyot confirmed that
a charter amendment could not take place for the election in which it was
approved.
Charter Review Commission
Open Session
April 28, 2014 Page 7
SUBJECT DISCUSSION ACTION
Mr. Shooltz is concerned that the voice of the people has a vehicle to be
heard. He asked how long the current 5 percent has been in effect and was
informed since the charter has been in place. Vice Chair TenBruggencate
stated that Kauai has the lowest bar in any county so he brought this
proposal to the Charter Commission. While he is not firm on the 20 percent
there have been two occasions where the people have been misled and used
a charter amendment process to pass something that more appropriately
might have been an initiative; as a result the charter amendments were
thrown out in court. Vice Chair TenBruggencate' s concern is that it is
easier to propose an amendment to the fundamental governing document of
the County of Kauai than it is to propose an ordinance.
Mr. Shooltz is concerned that the perception is that certain entities on the
island are influencing our government in ways that will be upsetting to
people based on the current environment. Vice Chair TenBruggencate
asked Mr. Shooltz if he understood the difference in gravity between a
charter amendment and a simple ordinance; if the numbers had been
reversed would he have approached this charter amendment differently.
Mr. Shooltz said they might have, but he is not the legal guy. He said they
did strive to do an ordinance through the County Council for the past year
and a half and were not successful. There is a lot of frustration in the public
about the legal process. Vice Chair TenBruggencate explained that today
was the beginning of the discussion, and it may not be finished in time for
this year' s election.
Mr. Justus said even if the Commission agrees to this idea he does not think
the populace is going to be willing to make it harder for themselves to
change their government. He further said he does not think it has a chance
of passing as it is counter-intuitive to the American thinking. Chair
TenBruggencate disagreed. Ms. Suzawa believes past problems with
Charter Review Commission
Open Session
April 28, 2014 Page 8
SUBJECT DISCUSSION ACTION
amendments proposed through 5 percent of the registered voters has been a
waste of taxpayer' s money; and there may have been a different vehicle to
get it done. Mr. Justus was not sure just raising the bar would prevent those
types of amendments from appearing, but perhaps it might solve some of
the problems if they have to go through legal review. Vice Chair
TenBruggencate again stated the fundamental point is that changing the
County Charter, the basic organizational document of county government,
should be harder than passing a law; currently in the County of Kauai it is
the opposite way. Vice Chair TenBruggencate noted he would be open to
discussing signatures required for charter amendments, initiatives and Ms. Suzawa moved to defer this item to next
referendums, month. Mr. Justus seconded the motion. Motion
carried 4:0
Announcements Next Meeting: Monday, May 19, 2014 — 4:00 p.m.
Adjournment Vice Chair TenBruggencate adjourned the
meeting at 5 : 54 .m.
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk Jan TenBruggencate, Vice Chair
( ) Approved as is.
Approved with amendments. See minutes of meeting..
ARTICLE I
TIE COUNTY AND ITS GOVERPadE NT
Section 1 . 01 . Incorporation . The people of the county of [ Kauai ]
Kauai are and shall continue to be a body politic and corporate
in perpetuity under the name of " county of [ Kaiialy ] Kaua ' i ' , '
referred to hereinafter as the " county [ — ] " .
Section 1 . 02 . Geographical Limits . The islands of [ Kauai ) Kauai
and [ Nutt ] Ni ' ihau and all other islands lying within three
nautical miles off the shore thereof , and the waters adjacent
thereto , shall constitute the county of [ Kauai ] Kaua ' i with its
county seat at [ Li e- ] Lihu ` e .
Section 1 . 03 . County Elections ,
A . Nonpartisan Elections . County elections shall be
conducted in accordance with the state election laws [ ef the
Vie ] insofar _as applicable , but all elective county
officers shall be elected by nonpartisan elections .
B . Offices of the Mayor and Prosecuting Attorney .
1 . For the offices of ' mayor and prosecuting attorney ,
the names of the two candidates receiving the highest number
of votes for these offices in the primary election shall be
placed on the ballot for the general election . However , if
there is only one candidate for each of said offices , such
candidate shall be elected in the primary election .
2 . At the general election , the candidates receiving the
highest number of votes for mayor and prosecuting attorney
shall be elected .
3 . Tie votes . In the event of a tie vote for mayor and
prosecuting attorney in the primary or general election , the
winner shall be determined by a method of chance as
determined by the county clerk .
C . Office of At - Large [GeunelTmeffibefs ] Councilmembers .
1 . For at - large council offices , two candidates for each
vacant at -large council office receiving the highest number
of votes in the primary election shall be placed on the
ballot for the general election .
2 . At the general election , the candidates receiving the
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highest . number, of votes for each• vacant at -large council
office shall be elected .
3 . Tie votes. In the event of a tie vote for the last
remaining at- large council office in the primary election ,
the candidates receiving the same number of votes shall be
placed on the ballot for the general election .
In the event of a tie vote for the last remaining at-
large council office in the general election , the winner
shall be determined by a method of chance as determined by
the county clerk .
ARTICLE II
POWERS OF THE COUNTY
Section 2 . 01 . Powers . To promote the general welfare and the
safety, health , peace , good order , comfort and morals of its
inhabitants , the county shall have and may exercise all powers
necessary for local self-government , and any additional powers and
authority which may hereafter be granted to it , except as
restricted by laws of this [tote.] state . The enumeration or
express powers in this charter shall not be deemed to be
exclusive . In addition to the express powers enumerated herein or
implied thereby , - it is intended that the county shall have and may
exercise all powers it would be competent for this charter to
enumerate expressly .
Section 2 . 02 . Exercise of Powers . All powers of the county shall
be carried into execution as provided by this charter , or , if the
charter makes no provision , as provided by ordinance of the county
council .
ARTICLE III `
COUNTY COUNCIL
Section 3 . 01 . Legislative Power . The legislative power of the
county shall be vested in and exercised by the county council ,
except as otherwise provided by this charter .
Section 3 . 02 . Composition . There shall be a council of seven
members elected at -- large .
2 _
Section 3 . 03 . Terms . The terms of office of councilmembers shall
be for two years beginning at twelve o ' clock meridian on the first
working day of December following their election . No person shall
be elected to the office of councilmember for more than four
consecutive two year terms .
Section 3 . 04 . Qualifications .
A . To be eligible for the council , a person must be a citizen
of the United States and must have been a duly qualified elector
of the county for at least two years immediately preceding [ ham ]
the election or appointment .
B . Any [ .., .. . , .. eilf , . ] councilmember who removes [ hi-al said
councilmember ' s residence from the county or is convicted of a
felony shall immediately forfeit [ham] the office .
C . The council shall be the judge of the qualifications of
its members and for that purpose shall have power to subpoena
witnesses , take testimony and require the production of records .
Decisions made by the council in the exercise of the powers
granted in this subsection shall be subject to review by the Fifth
Circuit Court of the State of [ Hawaii . ] Hawaii .
Section 3 . 05 . Vacancy in Office . In the event a vacancy occurs in
the council , the remaining members of the council shall appoint a
successor with the required qualifications to fill the vacancy for
the unexpired term . If the council is unable to fill a vacancy
within [ {30 } ] thirty days after its occurrence , the mayor shall
make the appointment to such vacancy . The foregoing provisions
shall apply in the event a person elected as [ eeunei lm ]
councilmember dies before taking office ; provided , however , that
the vacancy shall be filled by the newly elected council within
thirty [ (30 ) ] days after the beginning of the new term .
Section 3 . 06_ Compensation . The salary of each councilmember shall
be established in accordance with the provisions of [ Tile ]
article XXIX of this [ gha-r er. ] charter .
Section 3 . 07 . Organization of Council ; Officers ; Rules ; Employees .
A . The council shall meet in the council room at the county
building or in the [fir ] Kauai War Memorial Convention Hall for
its organization promptly after its inauguration and swearing- in
ceremony at which time it shall elect one of its members as
[gin ] chair and presiding officer of the council . Until such
time as the [gin ] chair is elected , the mayor shall preside
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at the council meetings , provided that the mayor shall not have a
vote . The council shall also elect one of its members as [30 e -
ehai rm n ] vice- chair who shall act as the presiding officer in the
event of the [ ehairman -e ] chair ' s absence . The council shall
appoint a presiding officer pro tempore from its members in the
event of the absence of both the [ m an ] chair and [ y± ee
ehalrafftan ] vice - chair . A majority of the entire membership of the
council shall constitute a quorum and , except as otherwise
provided , the affirmative vote of a majority of the entire
membership shall be necessary to take any action .
B . The council shall adopt such rules as it may deem
necessary for the organization of committees and the transaction
of its business .
C . The council shall keep a journal of its proceedings .
D . The council may , upon an affirmative vote of at least two -
thirds of its entire membership , suspend without pay for not more
than one month any member for disorderly or contemptuous behavior
in its presence . The presiding officer or the council by a
majority vote may expel any other person who is guilty of
disorderly , contemptuous or improper conduct at any meeting .
E . The council shall meet regularly at least twice in every
month at such times as the council may prescribe by rule . Special
meetings may be held on the call of the mayor , [ n ] chair ,
or by five or more members . All council and council committee
meetings shall be open to the public except as provided for in
[ fir] chapter 92 , ' Hawai ` i Revised Statutes .
F . Council Staff . The council may appoint the necessary
personnel for the transaction of its business , and such
appointments shall be subject to the civil service and
classification requirements . The [man ] chair of the council
shall be the administrative officer of the staff employees .
Section 3 . 08 . Mayor May Appear Before Council . The mayor may
propose in writing any motion , resolution , or ordinance , or
amendments thereto , but shall have no right to vote thereon .
Section 3 . 09 . Eminent Domain . The council shall by resolution
determine and declare the necessity of taking property for public
purposes , describing the property and stating the uses to which it
shall be devoted .
Section 3 . 10 . Annual Budget and Capital Program . The council
4 _ \
shall enact an annual budget ordinance., which shall include both
the operational and capital expenditures for the fiscal year and
the method of financing same . The council shall provide sufficient
revenues to assure a balanced budget .
Section 3 . 11 Adoption of Pay Plan . The [ re. l_ ] council by
ordinance shall appropriate the. salaries of all officers and
employees who are exempt from civil service in accordance with the
provisions of [ See ; e ] section 7 . 05E and Trt lele
�n [ �� ] article. XXIX
of this [ rGharter ] charter . All other officers and employees shall
be classified and paid in accordance with law .
Section 3 . 12 . Audit .
A . Financial Audit . At least once every two years and at any
other time as may be deemed necessary , the council shall cause an
independent audit of all county funds and accounts to be made by a
certified public accountant or firm of certified public
accountants . The scope of the audit shall be in accordance with
the terms of a written contract to be signed by the [ ehair ]
chair which shall provide for the completion of the audit within a
reasonable time . If the [ fie ] state makes such an audit , the
council may accept it as satisfying the requirements of this
section . The audit shall be matter of public record .
B . Performance Audit . To ensure and determine whether
government services are being efficiently , effectively , and
economically delivered , the council may at any time provide for a
performance audit of any or all of the offices , agencies ,
departments , programs , and operations for which the county is
responsible . The council may exercise its authority to conduct
performance audits through the hiring of a qualified in-house
auditor or through the hiring of a qualified contract auditor or
both . The scope of the audit shall be in accordance with the terms
of an assignment referred to the office of the county clerk by the
county council or a written contract to be approved by the council
and signed by the presiding officer - of the council , but may
include the following activities :
( 1 ) Examination and testing of county offices ' ,
agencies ' , programs ' , and departments ' implementation
processes to determine whether the laws , policies , and
programs of the county are being carried out in the most
effective , efficient , and economical manner .
( 2 ) Examination and testing of the internal control
systems of offices , agencies , programs , operations , and
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departments to ensure that such systems are properly designed
to safeguard public assets against loss from waste , fraud , or
error , to promote efficient operations , and to encourage
adherence to prescribed management policies .
Said assignment or contract shall encourage recommendations for
changes in the organization , management and processes which will
produce greater efficiency and effectiveness in meeting the
objectives of the programs or operations carried out by the
respective county agencies , departments , offices , programs , and
operations , and shall provide for the completion of the audit
within one calendar year . A copy of the audit report shall be
filed with the county clerk and shall be public record .
Section 3 . 13 . Creation of a General Debt .
A . The council by the affirmative vote of at least five
members may authorize the issuance of general obligation bonds in
accordance with the Constitution and laws of the State of
[ Hawaii . ] Hawai ' i .
B . Each bond authorization shall specify the purpose for
which moneys are to be borrowed and the maximum amount of bonds to
be issued for that purpose .
C . Notwithstanding any limitation contained in this charter ,
the council may accept and receive participating or
nonparticipating federal and state loans for public improvement
projects or other purposes , the aggregate of which , together with
any bonded indebtedness outstanding , shall not at any time exceed
the total bonded indebtedness authorized by the Constitution of
the State of [ Hawail . ] Hawai ' i .
D . The council may provide for the refunding of general
obligation bonds .
Section 3 . 14 . Creation of Special Assessment Debt . The council
may authorize ' the issuance of improvement bonds to finance
assessable public improvements in the manner provided by law ..
Section 3 . 15 . Revenue Bond Indebtedness . The council may
authorize the issuance of revenue bonds for the purpose of
initiating , constructing , acquiring , extending , replacing or
otherwise improving any revenue-producing facility as provided by
law .
Section 3 . 16 . Temporary Borrowing .
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A . The council may borrow money in any fiscal year in .
anticipation of revenues to be derived from taxes for that year ,
and for any of the purposes to which the revenues are
appropriated . No such borrowing shall be in excess of [ twenty
frive- per een ( 25 % ) ] 25 percent of the amount of the uncollected
taxes of that year .
B . When any warrants are presented to the county for payment
and the same are not paid for lack of funds , the director of
finance shall issue a warrant note , equal in amount to the face
value of the warrant or warrants so presented for payment . The
warrant note shall be in a form and shall be due at a date
prescribed by the director of finance . It shall bear interest at
the lowest obtainable rate . The notes shall be a first charge on
the moneys of any fund against which the warrants are issued .
C . The council upon recommendation of the mayor may authorize
the director of finance to obtain temporary loans from the
[ State . ] state .
Section 3 . 17 . Investigation . The council or any authorized
committee thereof shall have the power to conduct investigations
of the operation of any agency or function of the county and any
subject upon which the council may legislate . In investigations ,
the presiding officer shall have the right to administer oaths and
in the name of the council to subpoena witnesses and compel the
production of books and papers pertinent thereto . If any person
subpoenaed as a witness , or to produce any books or papers called
for by the process of the council or committee shall fail or
refuse to respond thereto , the circuit court upon request of the
council shall have power to compel obedience to any process of the
council and require such witness to answer questions put to [ ham ]
the witness as aforesaid , and to punish as a contempt of the
court , any refusal to comply therewith without good cause shown
therefor .
False swearing by any witness shall constitute perjury and be
punished as such , and whenever the council is satisfied that a
witness has sworn falsely in any hearing or investigation , it
shall report same to the county attorney for prosecution . In any
investigation which concerns the alleged gross misconduct or
alleged criminal action on the part of any individual , such
individual shall have the right to be represented by counsel , the
right of reasonable cross -examination of witnesses and the right
to process of the council to compel the attendance of witnesses in
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[ tea ] the individual ' s behalf .
Section 3 . 18 . Restrictions on County Council and [ Geanell ffc_ ]
Councilmembersjcasii . The council and its members shall not
interfere with the administrative processes delegated to the
mayor .
Except for the purpose of investigative inquiries under [ S .. . tlen ]
section 3 . 17 , the council or its members , in dealing with county
employees , or with county officers who are subjected to the
direction and supervision of the mayor , shall deal solely through
the mayor , and neither the council nor its members shall give
orders to any such employee or officer either publicly or
privately . Any [ •° ,fiil ] willful' [ CHS21 violation of the provisions
of this section by a member of the council shall be sufficient
grounds for an action for [ ] the member ' s removal from office .
Section 3 . 19 . Implementation of the General Plan
A . The power to process and to issue any zoning , use ,
subdivision , or variance permit for more than one transient
accommodation unit - shall be vested in and exercisable exclusively
by the council . As used in this [ ° e� n ] section , " transient
accommodation unit " shall mean an accommodation unit or a portion
thereof in a hotel , timeshare facility , resort condominium ,
fractional ownership facility , vacation rental unit , or other
similarly-used dwelling that is rented or used by one or more
persons * for whom such accommodation unit is not the person ' s
primary residence under the Internal Revenue Code .
B . Any applicant seeking the issuance ' of a zoning , use ,
subdivision or variance permit for more than one accommodation
unit shall certify to the planning department whether any use of
the units as a transient - accommodation unit is projected by the
applicant . Prior to granting any such permit for a transient
accommodation unit , the council shall conduct a public hearing and
make a finding that granting such permit would be consistent with
the planning growth range of ' the general plan and in the best
interest of the county and its people . Approval of any such
application shall require a favorable vote of [ twe- birds ( 2 , 3 ) ]
two - thirds of the entire membership of the council . Appeals of
any decision by the council relating to such permits must be
instituted in the circuit court within thirty [ +34 ] days after
entrance of the final decision of the council .
C . The council may by ordinance authorize the planning
commission to process and issue such permits , or certain of them ,
8 -
on terms and conditions as the council may deem advisable , only
upon the council ' s enactment of a rate of growth ordinance that
limits the rate of increase in the number of transient
accommodation units in the county to no greater than [ ene=and-ene
—pereent- (1. 5 % ) ] 1 . 5 percent per annum [ cxs31 on a multi - year
average basis , or such growth rate that is within the planning
growth range of a future general plan adopted pursuant * to
[ ° ietien ] section- 14 . 08 .
D . The council shall adopt such ordinances , laws , rules , and
regulations as are necessary to carry out the terms and intent of
this amendment to the [ 'garter.] charter .
E . If any provision of this amendment shall be held by a
final order of a court of competent jurisdiction to be invalid ,
all of the other terms of the amendment shall remain in full force
and effect .
ARTICLE IV
ORDINANCES AND RESOLUTIONS
Section 4 . 01 . Actions of the Council . Every legislative act of
the council shall be by ordinance except as otherwise provided .
Non- legislative acts - of the council may be by resolution .
Transfer of funds within the same edepartment , whether in the
operating budget or capital budget , may be effected by resolution .
The enacting clause of every ordinance shall be " Be it ordained by
the council of the county of [lieu } ] Kaua ' i : " and the enacting
clause of every resolution shall be " Be it resolved by the council
of the county of [ i ] Kaua � i "
Section 4 . 02 . Introduction , Consideration, .[ CHS41 and Passage of
Ordinances and Resolutions .
A . Every proposed ordinance shall be initiated as a bill and
shall be passed only after two readings on separate days . The vote
on final passage shall be taken by ayes and noes and entered in
the journal . Full readings of a bill may be waived by vote of a
majority of the council .
B . Every ordinance shall embrace but one subject , which shall
be- expressed in its title .
C . No bill shall be so amended as to change its original
purpose . Every bill , as amended , shall be in writing before final
passage .
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D . When a bill fails to pass on final reading and a motion is
made to reconsider , the vote on such motion shall not be acted
upon before the expiration of twenty- four [ ( 24) ] hours .
E . Except as otherwise provided in this charter , resolutions
may be adopted on one reading . The reading shall be in full except
by [a ] majority consent of all [.-. ,., , ... .. ; ' fn ] councilmembers
present , in which case the reading may be by title only .
F . Bills embracing ( 1 ) the fixing of special assessments for
the cost or improvements , ( 2 ) the appropriation of public funds or
the authorization of the issuance of general obligation bonds or
( 3 ) the imposition of a duty or penalty on any person , shall pass
first reading by ayes and noes , and digests of such bills shall be
advertised once in a newspaper of general circulation in the
county , at least seven days before final reading by the council .
Copies of such bills shall be filed for use and examination by the
public in the office of the county clerk at least seven days prior
to the final reading thereof .
G . Upon the request of a majority of the council , a public
hearing shall be held on any proposed ordinance or resolution .
Notice of the public hearing shall be by publication in a
newspaper of general circulation in the county , and the public
hearing shall be held not earlier than. seven days prior to the
final reading on the proposed ordinance or resolution .
H . All ordinances shall be promptly advertised once by title
in a newspaper of general circulation in the county with the ayes
and noes after enactment . Unless otherwise provided , resolutions
need not be advertised either before or after adoption .
I . Resolution authorizing proceedings in eminent domain shall
not be acted upon on the date of introduction , but shall be laid
over for at least fourteen [-( 1-4+ ] days before adoption . Such
resolutions shall be advertised once - in a newspaper of general
circulation in the county at least fourteen [ ( 14-) ] days before
adoption by the council . Copies of such resolutions shall be filed
for use and examination by the public in the office of the county
clerk at least fourteen [ ( 14) ] days prior to the adoption thereof .
Upon adoption , every such resolution shall be presented to the
mayor , and [ Ire ] the mayor may approve or disapprove it pursuant to
applicable provisions governing the approval or disapproval of
bills .
J . The council may adopt resolutions for the purpose of
marking roads or regulating and adjusting the movement of traffic
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and pedestrians in connection with traffic ordinances , and such
resolutions need not be published ; provided [ ,- ] that no person
shall be punished for violating such resolutions so adopted unless
the regulation , mark , or adjustment sought to be effected is
clearly indicated in the places where effective by legible markers
or signs .
K . Emergency Ordinances . To meet a public emergency
,affecting life , health , or property , the county council may adopt
one or more emergency ordinances , but such ordinances may not be
used to levy taxes , regulate the rate charged by any public
utility for its services , or authorize the borrowing of money .
( 1 ) Every emergency ordinance shall be plainly designated as
such and shall contain , after the enacting clause , a declaration
stating that an emergency exists and describing the claimed
emergency in clear and specific terms . Except as thus indicated ,
it shall be introduced in the form and manner prescribed for
ordinances generally . An emergency ordinance may be considered
and may be adopted with or without amendment or rejected at the
meeting at which it is introduced . The affirmative vote of all
[ ,, ,.iine ; ' "Remmers ] councilmembers present , or the affirmative vote
of three - fourths of those elected , shall be required for adoption
of such an ordinance . After adoption - of an emergency ordinance ,
the council shall cause it to be printed and published as
prescribed for other adopted ordinances .
( 2 ) Every emergency ordinance , including any amendments made
thereto after its adoption , shall automatically stand repealed as
of the sixty- first [ ( 61st ) ] day following the date on which it was
adopted .
Section 4 . 03 . Submission of Ordinances to the Mayor .
A . Every bill which has passed the council and has been duly
authenticated by the county clerk and the presiding officer [ ,,- ]
shall be presented to the mayor for [h-ia ] approval . If [ he ] the
mayor approves it`, [ he ] the mayor shall sign it and it shall then
become an ordinance . If [ he ] the mayor disapproves it , [ he ] the
mayor shall specify [ h3 a] objections thereto in writing and return
the bill to the county clerk with [hra ] the mayor ' s objections
within ten days , excluding Saturdays , Sundays and holidays after
receiving it . If [ he ] the mayor does not return it with [ ham ] the
mayor ' s disapproval within that time , it shall take effect as if
[ he ] the mayor had signed it . The objections of the mayor shall
be entered in the journal of the council and the council may ,
after five and within thirty [ ( 30 ) ] days after the bill has been
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so returned , reconsider the vote upon the bill . If the bill , upon
reconsideration , is again passed by the affirmative vote of five
members of the council , the presiding officer shall verify that
fact on the bill and when so certified , the bill shall -then become
an ordinance with like effect as if it had been signed by the
mayor . If the bill fails to receive the vote of at least five
members of the council , it shall be deemed void .
B . If any bill is presented to the mayor appropriating money ,
[ die] the mayor may veto any item or items or appropriations
therefor by striking out or reducing the same . In case of such a
veto , the mayor shall append to the bill at the time of signing it
a statement of the item or items or portion or portions thereof to
which [ die ] the mayor objects and the reasons therefor . Each item
so vetoed may be reconsidered by the council in the same manner as
bills which have been disapproved by the mayor .
Section 4 . 04 . Amendment , Revision , , [ cxss] or Repeal : Adoption of
Codes by Reference .
A . No ordinance shall be amended , revised or repealed by the
council except by ordinance . No resolution shall be amended ,
revised , or repealed except by resolution , but a resolution may be
superseded by a subsequent ordinance .
B . Any ordinance or resolution may be repealed by reference
to its number or section number . Revisions or amendments may be
made in the same manner but the same , or the section , subsection
or paragraph thereof , revised or amended , shall be re - enacted at
length as revised or amended ; but when the amendment consists of
adding new sections , subsections , paragraphs , or substituting a
word , term , or number , it shall be sufficient to enact the new
matter alone if reference thereto is made in the title .
C . Any code or portions thereof may be adopted by reference
thereto- by the enactment of an ordinance for that purpose . The
code , or portions , need not be published in the manner required
for ordinances , but not less than three copies thereof shall` be
filed for use and examination by the public in the office of the
county clerk not less than fifteen [{11 } ] days prior to the final
reading thereof , and notice of the availability of said copies
shall be published by the clerk .
Section 4 . 05 . Codification of Ordinances .
A . Within two years of the effective date of this charter ,
the council shall cause a code to be prepared and published ,
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containing all of the ordinances of the county which are
appropriate for continuation as law . Such a code shall be
prepared and published at intervals of every ten years thereafter .
The code may be prepared by the county attorney , or the council
may contract for its preparation by professional persons or
organizations experienced in the revision and codification of
ordinances or statutes .
B . The code may be adopted by reference by the passage of an
ordinance for that purpose . Copies of the code shall be made
available to the public at a reasonable price prior to and after
its adoption .
C . All proposed ordinances of general application introduced
after the approval of the code shall be adopted as amendments of
or additions to the code and by reference thereto .
ARTICLE V
COUNTY CLERK
Section 5 . 01 . Powers , Dutie5-',' ! 1tHs6j and Functions ,
A . The council shall appoint and may remove the county clerk .
The salary of the county clerk shall be set pursuant to [ "tee ]
article XXIX of this [ Charter . ] charter .
B . The county clerk shall :
( 1 ) Be the clerk of the council .
( 2 ) - Take charge of , safely keep and dispose of all books ,
papers and records which may properly be filed in [ mss• ] the county
clerk ' s office and keep in separate files all ordinances ,
resolutions , [ ] regulations and cumulative indices of the same ,
or exact copies thereof , enacted or adopted by the council .
( 3 ) Have custody of the county seal , which shall be used to
authenticate all official papers and instruments requiring
execution or certification by the county clerk in the exercise of
[ h-}-s-] the county clerk ' s office .
( 4 ) Conduct all elections held within the county pursuant to
this charter , the laws of the State of [ 14awaii ] Hawai " i or the
United States of America .
( 5 ) Perform other functions as required by this charter , by
law or assigned by the council .
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C . The county clerk may appoint the necessary staff for which
appropriations have been made by the council with the same powers
with respect to the personnel of [hl7a ] the office as the
department heads in the executive branch .
ARTICLE VI
EXECUTIVE 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 [ ate aistrat be assistant ] managing director ito . the
mayor [ CHS71 and all department heads shall be appointed and may be
removed by the mayor , except as otherwise provided by this
charter .
B . Department heads may appoint the necessary staff for which
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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
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 [ hie ] 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 .
Section 7 . 02 . Qualifications . Any citizen of the United States
not less than thirty [ ( 30 ) ] years of age who has been a duly
qualified resident elector of the county for at least three years
immediately prior to [ ham] the citizen ' s election shall be
eligible for election to the office of, mayor . Upon - removal of
[ ham ] the mayor ' s residence from the county , the mayor shall by
that fact be deemed to have vacated [ham ] the office .
Section 7 . 03 . Compensation . The salary of the mayor shall be
established in accordance -with the provisions of [ " ��lel: e ] article
XXIX of this [Garter . ] charter .
Section 7 . 04 . Contingency Fund . The council shall provide in the
annual budget a [ ee t _ ., g_ ± ] contingency fund of not less than
[ $ 2 ,— ;5GGwO4 ] $ 2 , 500 to be expended by the mayor for such public
purposes as [ he ] the mayor may deem proper .
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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 .
B . Appoint the necessary members of [ham ] the mayor ' s staff
and other employees and officers whose appointments are ndt
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
[ rn ] section 3 -2 . 1 of the Kauai County Code 1987 , as
amended .
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 [ ] information or messages to the
council which in ` [ham ] 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 .
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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. [cxsa ] .
A . There shall be a boards and commissions administrator and
any necessary staff . The administrator shall have such training ,
education or experience as shall qualify the administrator to
perform the duties described in this section . The administrator
shall be appointed and may be removed by the mayor .
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
[ Offiee—ef 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 .
CO 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 administrator ' s functions .
Section 7 . 07 . Vacancy in OfficetcHS91 . 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
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person elected mayor . The vacancy in the council shall be filled
as provided for in [ rile ] article III , [Semen ] 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 sueeeededl . The foregoing
provisions shall also apply in the event the person elected as
mayor dies before taking office .
B . During the temporary absence from the county or temporary
disability of the mayor , or in case of a vacancy in the office of
the mayor , until a new mayor is appointed or elected , the 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 .
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 .
Section 7 . 08 . Managing Director [ cas101 .
The mayor shall appoint and may remove a managing director .
The managing director shall be a citizen of the United
States not less than thirty [ ( 30 ) ] years of age and a
resident elector of the county at least three years
immediately prior to [fie ] the appointment . The managing
director shall have at least five years of 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
[fir ] mayor , the managing director shall .
( 1 ) Serve as the mayor ' s principal
administrative aide .
( 2 ) Oversee the administrative functioning of
all administrative departments .
18
( 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 set pursuant to [ Abele ] article XXIX of this
[ Ghazzer . ] charter .
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 eeurrti Supreme Court of - the State of Hawai ' iar and
shall have engaged in the practice of law in the [ mate ] state for
at least three years .
Section 8 . 04 , Powers , Duties!, I [casil ] 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 [die] shall represent the county in all legal proceedings . [Re]
The county attorney shall perform all other services incident to
[his-] 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
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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 [0f 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 [Se ] state or the_
county shall be entitled to representation or assistance by
counsel . The council may by ordinance establish a system to
provide counsel for the defense of any person accused of any crime
who is financially unable to afford [ hen ] 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 [ ham ] 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
Supreme Court • of the State of [ ] Hawai ' i and shall have
engaged in the practice of law in the [ State ] state for at least
three years . [ 44e] The prosecuting attorney shall also have been a
duly qualified elector of the county for at least one year
immediately preceding [ ham] 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 ] state and the ordinances and regulations of the
county .
B . Prosecute offenses against the laws of the [ Se ] state
- 20 -
under the authority of the [ Attefn _ y General ] attorney general of
the [ State . ] 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 [ #e ] 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
consideration . Nothing herein contained shall prevent the conduct
of proceedings by private counsel before all courts of the [ Ste ]
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 .
Be If the unexpired term is for eighteen [ ( 18 ) ] months or
more , or in the event the person elected as prosecutor dies before
taking office , or is unable to qualify , then the vacancy shall be
filled by a special primary election and a special general
election , patterned after the state primary and general election
laws [ ef the State ] , insofar as applicable . The special primary
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election shall be called by the council and held within forty- five
[ 4-4-5- ] days after the occurrence of the vacancy . The special
general election shall be held thirty [ ( 39 ) ] 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 .
Section 10 . 04 . Powers , Duties ' [ CHS123 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
moneys , and have control over all expenditures to ensure that
budget appropriations are not exceeded .
C . Maintain a general accounting system for the county
government and each of, its offices , departments , and agencies ;
keep books for and exercise financial budgetary control over each
office , department , and agency, except as otherwise provided by
this charter or by law ; audit the books and accounts of all county
offices , departments , and agencies authorized or required by this
charter or by law to maintain and keep books .
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 .
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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 .
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 .
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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 of money that should be in the treasury .
B . The amount and kind of money actually therein .
A signed copy of such report shall be filed with the mayor and the
council .
ARTICLE xI
POLICE EEPARTAWNT
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 ) , [ CHS131.
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
24 -
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 [ fit ] 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 . [Re] 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 department . (Amended 1984 )
Section 11 . 05 . Powers , Dutiesii [cHs14l 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 of 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 reguiations necessary for the
organization and internal administration of the department .
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( 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
[ Gham] chapters 76 and 89 of the [ Hawaii Revised Statues . ]
Hawaii Revised Statutes . ( Amended 1984 )
ARTICLE XII
FIRE ZWARTMVT
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 and control in private industry or government service ,
at least three years of which shall have been in a responsible
administrative capacity . ( Amended 1980 , 2006 )
Section 12 . 03 . Powers , Duties „[cxS1 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
26 -
otherwise governed by the provisions of section 23 . 02 of the
I charter . ( Amended 2006 )
Section 12 . 05 . Powers , Duties , and Functions of the Fire
Commission . The fire commission shall :
A . Adopt males 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 can annual report to the mayor and the council
regarding its activities .
Except for purposes of inquiry or as otherwise provided in this
charter , neither the commission nor its members shall interfere in
any way with the administrative affairs of the department .
( Amended 2006 )
ARTICLE XIII
ESPARTMENT 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 . [ 4+e ] 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 )
Section 13 . 03 . Powers , Duties , [ casi6] and Functions . The county
engineer shall be responsible for the administration of the
department of public works and shall .
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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
I
n accordance with the building code , subdivision code or such
other regulations as may be in effect in the county .
E . Design , install , inspect , maintain , and repair all traffic
signs , traffic control facilities and devices , and street lighting
system .
F . Perform such other duties as may be assigned by the mayor
or prescribed by law .
ARTICLE XXV
PLANNING ZWARTME29T
Section 14 . 01 . Organization . There shall be a planning department
consisting of a planning commission , a planning director , and the
necessary staff .
Section 14 . 02 . Planning Commission Organization . The planning
commission shall consist of seven members . At least two members
shall have knowledge and awareness of environmental concerns by
way of the person ' s education , training , occupation or experience ;
at least two members shall have knowledge and awareness of
business concerns by way of the person ' s education , training ,
occupation , or experience ; and at least two members shall have
knowledge and awareness of organized labor concerns by way of the
person ' s education , training , occupation , or experience .
This amendment shall take effect upon its approval , . and apply
to appointments or reappointments made thereafter . All planning
commissioners 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 )
28 -
Section 14 . 03 . Duties and Functions of the Planning Commission .
The planning commission shall .
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 .
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
[ Federal ] 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 . [ ++e ] The planning director
shall have a college degree in [per ] planning , engineering , or
architecture , or [ h-e ] 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 .
Section 14 . 05 . Powers , Duties, ; [ cxs17 ] and Functions of the Director .
The planning director shall .
29 -
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 counci•1 shall adopt and may ,
from time to time , modify a general plan setting forth in graphic
and textual form policies to govern the future physical
development of the county . Such plan may cover the entire county
and all of its functions and services or may consist of a
combination of plans covering specific functions and services or
specific geographic areas which together cover the entire county
and all its functions and services . The general plan shall serve
as a guide to all future council action concerning land use and
development regulations , urban renewal programs , and expenditures
for capital improvements .
Section 14 . 07 . Development Plan . ' Development plan ' means a
relatively detailed scheme for the replacement or use of specific
facilities within the framework of and implements the general
plan .
Section 14 . 08 . Adoption of the General Plan and • Development Plans .
The council shall adopt the general plan or any development plan
by ordinance . The general plan and all development plans' shall be
kept on file in the office of the planning department . The current
general plan and all development plans and all amendments thereto
adopted by resolution prior to January 2 , 1977 , are hereby
ratified - without further action of the council . (Amended 1976 )
Section 14 . 09 . Subdivision or Consolidation of Land .
A . Subdivision Ordinance . The council shall enact an
ordinance governing the subdivision or consolidation of land
- 30 -
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 .
Section 14 . 12 . Appeals . Appeals from any decision of the planning
commission shall be instituted in the circuit court within thirty
[ +3-0+ ] days after service of a certified copy or the decision of
the commission . All commission proceedings and appeals shall be in
conformity with the [ iii ] Hawaii Administrative Procedure Act .
ARTICLE XV
LIEPAR724ENT OF PERSONML SERVICES
Section 15 . 01 . Organization . There shall be a department of
personnel services consisting of a civil service commission , a
director , and the necessary staff for the purpose 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
31 -
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 [ ,,—r ] , [ er] Of 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 state and
county civil service and compensation laws [ of the &t.ate nR&d
eeunty ] . 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
aggrieved by any action of the director , or by any appointing
authority . Appeal from the. decision of the commission shall be as
provided by law .
C . Advise the mayor and director of personnel services on
problems concerning personnel and classification administration .
D . Execute such powers and duties as may be provided by law .
Section 15 . 04 . Director of Personnel Services . The director of
personnel services shall have had a minimum or five years of
training and experience in personnel administration either in
public service or private business , or both , at least three years
of which shall have been in a responsible administrative capacity
and shall be in sympathy with the principles of the merit system .
[ ++e ] 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 , 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 CQ1 41SSION
32 -
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 ] state or county government or
who [presents himself becomes a candidate for election to any
public office during the term of [ h-irs- 1 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 bf
law for the administration of liquor control in the county and to
enforce the liquor control laws .
. B . Grant , refuse , suspend and revoke any licenses for the
manufacture , importation , and sale of liquors .
C . Investigate violations of liquor control laws through its
inspectors , hear and determine all complaints and citations
regarding violations of liquor control laws , and impose such fines
or penalties as may be provided by law upon conviction thereof .
Appeal from the decision of the commission may be made as provided
for in the [ ] Hawai ' i 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 .
[ Re ] 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 XVIZ
33 -
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
[ mate ] 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 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 and county general
plans with the 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 [ Geuntyls ) county general plan .
( Amended 1980 )
C . The board may provide for a reserve fund , issue revenue
bonds , provide for payment of bonds , expend bond funds and other
funds , establish rates and charges , acquire property , sue and be
sued , and engage in and undertake all other activities as provided
for in Chapter 145 -A , Revised Laws of [ Hawaii ] Hawai ' i 19551: [cxs181 ,
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
- 34 -
waterworks . Such rules and regulations shall have the force and
effect of law . Penalties for the violation of any rule or
regulation shall be set forth in the rules and regulations .
Section 17 . 04 . Staff . The board shall appoint an engineer duly
registered under [ Hawaii State ] Hawai ' i state laws pertaining to
registration of engineers [ . He ] who shall be known as the manager
and chief engineer , and shall be the head of the department . [ He ]
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 , [.fie ] 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
[ aria ] 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
not less than [ ] $ 50 , 000 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 XIX
FINANCIAL PROCEDURES
Section 19 . 01 . Fiscal Yea r [ cxsi91 . The fiscal year shall begin on
[ the fir- sz day ef ] July 1 and end on [ the thirtieth dam€ ] June
30 of the succeeding year . ( Amended 1992 )
Section 19 . 02 . The Proposed Annual Budget Ordinance ..
- 35 -
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 [fie- fifteenth -day--e-f ] March 15 of
each year . If [ the fifteenth day cf ] 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 [ eh ] 8 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
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 agency functions , and other expenses incident to
the operational requirements of the department or agency .
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 [ , heweve-r—;] 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
explain the budget in fiscal terms , and in terms of work to be
- 36 -
b
done . It shall outline . the proposed financial policies of the
county for the ensuing fiscal year , and describe the most
important features of the budget plan . It shall indicate any major
changes in financial policies and in expenditures , appropriations ,
and revenues as compared with the fiscal year currently ending ,
and shall set forth the reasons for the changes .
Section 19 . 07 . Consideration and Adoption by Council .
A . Upon receipt of the proposed annual budget , the [ _]
council shall immediately publish a notice in a newspaper of
general circulation in the county , setting forth ( 1 ) a summary of
th'e estimated revenues , including any new sources of revenues , and
expenditures ; ( 2 ) that copies of the budget are available at the
office of the county dlerk ; ( 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 [ Ghapter ]
chapter 92 , [ iii ] 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
any item or items in the mayor ' s proposed budget by a majority
vote , and may increase any item or items therein or add new items
thereto by an affirmative vote of two - thirds of the entire
membership . The council shall pass on final reading the annual
budget ordinance on or before [ the seventh dam-e-f- ] 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
by the council under the same procedures prescribed in [ Segin ]
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 )
37 -
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 .
E . Any part of an allotment which is not expended or
encumbered 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 [ ven ] section 19 . 07B ,
upon the recommendations of the mayor . ( Amended 1992 , 1996 , 2002 )
Section 19 . 09 . Capital Program and Capital Budget .
38 -
A . The capital program shall include :
( 1 ) Permanent public improvements , including planning ,
engineering , and administrative costs , . but not the repair or
maintenance thereof .
( 2 ) The acquisition of land or any interest therein for any
permanent public improvements .
( 3 ) The furnishings , fixtures , and appurtenances of any
permanent improvement when first constructed or acquired .
B . The planning commission shall prepare the capital program
for each of the ensuing five fiscal years , predicated upon the
requests of the several agencies , and based upon the finance
director ' s statement of moneys likely to be available and the
amount of bonds, which the mayor believes would be proper for the
county to issue .
C . The capital program shall be appended to the capital
budget , and shall be submitted to the council for its approval .
The council may adopt the capital program pursuant to [ ° '" vn ]
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 additional revenues so certified . Such
appropriations ' shall be made by ordinance adopted pursuant to
[ Seetlen ] 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 [ c ^ een] section 18 . 02 . Such
appropriations shall be made by ordinance adopted pursuant to
[ ce��n ] section 4 . 02K except that such ordinance shall be
39 -
approved by a majority of all [ eeunei l FRe errs ] 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 meet the amount appropriated , [ Ire ] the mayor shall
report to the county council without delay indicating the amount
of the deficit , any remedial action taken by [ ] the mayor , and
[ Mr& ] 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 [ rn ] section 19 . 07B , reduce one
or more appropriations ; but no appropriation for debt service may
be reduced , and no appropriation may be reduced by more than the
amount of the unencumbered balance thereof or below any amount
required by law to be appropriated . ( Amended 1992 )
Section 19 . 12 . Lapse of Appropriations . Every appropriation shall
lapse at the close of the fiscal year to the extent that it has
not been expended or encumbered , except appropriations to the fund
established by paragraph C of section 19 . 15 , and appropriations
for capital budget items where any portion of said appropriation
has been expended . ( Amended 2002 )
Section 19 . 13 . Payments and Obligations .
A . With the exception of debt service charges , no payment
shall - be authorized or made and no obligation incurred against the .
county , except in accordance with appropriations duly made and
under such procedures and policies as may be established by
ordinance . Every obligation incurred and every authorization of
payment in violation of the provisions of this charter shall be
void . Every payment made in violation of the provisions of this
charter shall be void . Every payment made in violation of the
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
40 -
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 [ h4re ] removal .
B . Nothing contained in this section or other sections of
this charter shall be construed to prevent the making or
authorizing of payments , or making of contracts for capital
improvements to be financed wholly or partly by the issuance of
bonds , nor shall it prevent the making , when permitted by law , of
any contract or any lease providing for the payments of funds at a
time beyond the end of the fiscal year in which ' the contract or
lease is made . But any contract , lease , or other obligation
requiring the payment of funds from appropriations of a later
fiscal year , or of more than one fiscal year , shall be made or
approved by ordinance .
Section 19 . 14 . Surplus and Reserves . Any unappropriated surplus
and any unencumbered balances of any appropriations in any fund at
the end of any fiscal year shall be available for appropriation
for the succeeding fiscal year . The mayor shall certify to the
council the amount of any unappropriated surplus or unencumbered
balances by January 1 following the close of the . fiscal year .
( Amended 1992 )
Section 19 . 15 . Fund Administration .
A . Deposit of Funds . Money received by officers and
employees shall be deposited promptly to the county ' s account in
depositories authorized by law .
B . Creation of Funds . In addition to the funds established
by this charter , the mayor , with the approval of the council , may
establish other funds when necessary and when no appropriate class
of funds exists . Nothing in this section shall preclude the .
council from introducing and adopting other funds by ordinance .
C . Public Access , Open Space , Natural Resources Preservation
Fund .
( 1 ) In adopting each fiscal year ' s budget and capital
program , the council shall appropriate a minimum of one -
half of one percent of the certified real property tax
revenues to a fund known as the public access , open
space , natural resources preservation fund . The moneys
in this fund shall be utilized for purchasing , or
- 41 -
otherwise acquiring lands or property entitlements , for
land conservation purposes in the [ ]
County of Kaua 'i' ( cxs20 ] 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
with respect to bonds issued pursuant to [ Seetiens ]
sections 3 . 13 , 3 . 14 , or 3 . 15 , [ ] of the 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 [ eve ] 5
percent [ ( 15 % ) ] 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 ) T-he [ _] council shall by ordinance
establish procedures for the administration and
` priorities for the expenditure of moneys in this fund .
( Amended 1992 , 2002 )
Section 19 . 16 . Insurance . The director of finance shall procure
insurance for the protection of designated properties of the
county in such amounts , and under such conditions , as the council
shall , by ordinance , prescribe from companies licensed to do
business in the [ State -] 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 .
42 -
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
[ Cae': ] 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 , personal services , and public works contracts shall be
signed by the director of finance .
Be 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
[ Brent ef WateE . I department of water . ( Amended 2010 )
Be 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
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
cash funds . (Amended 2010 )
E . All county storerooms ( other than departmental ) shall be
supervised and operated by the director of finance . ( Amended 2010 )
43 -
F . The director of finance shall require such guarantees of
performance by vendors as , in [ fie ] 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
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 of Kaua ' i or the [ yls ]
county website , and the proceeds shall be a realization of the
general fund unless required otherwise by statute , ordinance ,
rule , grant , or gift .
Surplus property' [ cxs2ii 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 .
eSurplus property determined to be hazardous , or that may
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 )
Section 19 . 21 . Past Due Accounts . The finance director shall
promptly collect all past due accounts . Unless otherwise provided
by law , any account more than ninety [-( 9&+-] days past due shall be
referred to the county attorney ' s office for collection . ( Amended
1984 ) ' [cxs22 ]
44 -
ARTICLE XX
CODE OF ETHICS
Section 20 . 01 . Standards of Conduct . It order to establish a high
standard of integrity and morality in government service , a code
of ethics is hereby established .
Section 20 . 02 . No officer or employee of the county shall :
A . Solicit , accept , or receive , directly or indirectly , any
gift , whether in the form of money , service , loan , travel ,
entertainment , hospitality , thing , or promise or in any other
form, under circumstances in which it can reasonably be inferred
that the gift is intended to influence [ ] the officer or
employee in the performance of [Mja ] the officer ' s or employee ' s
official duties or is intended as a reward for any official action
on [ fie ] the officer ' s or employee ' s part .
B . Disclose information which , by law or practice , is not
available to the public and which [he ] the officer or employee
acquires in the course of [h1e ] the officer ' s or employee ' s
official duties or use such information for [hi-.& ] the officer ' s or
employee ' s personal gain or for the benefit of anyone .
C . Acquire financial interest in business enterprises which
[ ire] the officer or employee may be directly involved in official
action to be taken by [ him . ] the officer or employee .
D . Appear in behalf of private interests before any county
board , commission , or agency .
E . Use [ham ] the officer ' s or employee' s official position to
secure a special benefit , privilege , or exemption for [ ' f- ]
the officer or employee or others .
F . Use county property for other than public activity or
purpose . `
Section 20 . 03 . Contracts ,
A . The county shall not enter into any contract with an
officer or employee or with a firm in which an officer or employee
has a substantial interest involving services or property of a
value in excess of [ , ] $ 1 , 000 unless the contract is made
after competitive bidding .
45 -
B . The county shall not enter into a contract with any person
or firm [ whleh ia] represented or assisted personally in the
matter by a person who has been an employee of the agency within
the preceding one year , and who participated while in county
employment with the subject matter of the contract .
C . This section shall not apply to a personal employment
contract .
Section 20 . 04 . Disclosure .
A . The mayor , councilpersons , all department heads and
deputies , members of boards and commissions , and the purchasing
administrator , and any employee delegated or authorized to act on
behalf of the director of finance and the deputy director of
finance in their absence shall , within thirty [ ( 30 ) ] days of
assuming office , file with the board a list of all real property
within the county in which [ he ] such person has any right , title
or interest , a list of all business firms which contract for
county business in which [die ] such person has any interest ,. and
all their places of employment , including part -time employment ,
all sources and amounts of income , business ownership , officer and
director positions , debts , creditor interests in insolvent
businesses and the names of persons represented before - government
agencies . Amendments to the list , including additions , deletions ,
or changes in title , interest in property or of employment , shall
be made within thirty [ ( 39 )] days of the occurrence of the
amendment . The list shall be a matter of public record . ( Amended
2010 )
B . Any . elected official , appointed officer , employee , or any
member of a board or commission who possesses or acquires such
interest as might reasonably tend to create a conflict with [h4ra ]
such person ' s duties or authority , or who is an owner , officer ,
executive director , or director of an organization , or whose
member of [hi-s- ] such person ' s immediate family , wh-ich includes
parents , siblings , spouse , or children , is an owner , officer ,
executive director , or director of an organization in any matter
pending before [fit] such person shall make full disclosure of the
conflict of interest and shall -not participate in said matter .
C . Penalties .
( 1 ) Any violation of any of the provisions of this section
shall , at the option of the director of finance , render forfeit
and void the contract , work , business , sale , or transaction
affected .
46 -
( 2 ) Any violation of any of the provisions of this section
shall constitute cause for fine , suspension , or removal from
office or employment .
D . The council shall , by ordinance , adopt and may , from time
to time , revise and amend such complementary provisions as may be
necessary to supplement the code of ethics .
E . The mayor , the council , and the board of ethics shall be
responsible for the enforcement of provisions. of this article .
Section 20 . 05 . Board of Ethics . There shall be a board of ethics .
A . The board shall consist of seven members .
B . The board shall annually select a [ e'er] chair and a
secretary from among its members , and shall adopt rules necessary
for the conduct of its meetings .
C . The board shall meet at the call of the [ e�� ] chair
or of a majority of its members . A majority of the membership
shall constitute a quorum for the conduct of business , and the
affirmative vote of at least a majority shall be necessary to take
any action ..
D . It shall be the function of the board :
( 1 ) To initiate , receive , hear , and investigate complaints of
violations of the code of ethics and to transmit its findings to
the council as to complaints involving county officers , and to the
civil service commission as to employees . It may also , on its own ,
file impeachment proceedings in the circuit court .
( 2 ) To render advisory opinions or interpretations with
• respect to application -of the code . on request . All requests for
advisory opinions shall be answered within [ €ezty five ( 45 ) ]
forfy=five days of its filing and failure to submit an advisory
opinion within said [ fewy five ( 415 ) ] forty- five days shall be
deemed a finding of no breach of the code . Opinions rendered or
deemed rendered shall be binding on the board in any subsequent
charges concerning the officer or employee of the county until
said opinion is amended or revoked by the board .
( 3 ) To prescribe a form for the disclosure provided in this
section , and to implement the requirements of the disclosure
provisions .
47 -
( 4 ) To examine all disclosure statements filed , and to
.comment on or advise corrective action to any matters that may
indicate a conflict of interest .
( 5 ) To propose revisions of the code to assure its
effectiveness .
E . In the course of its investigations , the board shall have
the power to administer oaths and subpoena witnesses , and to
compel the production of books and papers pertinent thereto .
F . All hearings on complaints shall be closed to the public .
Only findings of violations shall be referred to the council or
the civil service commission . Upon referral to the council or
civil service commission , the violations shall be treated as any
other similar item of council or civil service commission
business .
G . If any officer or employee , or former officer or employee ,
shall obtain an advisory opinion from the board and shall govern
[ _] him or herself accordingly , or shall act in - accordance
with the opinions of the board , [ire ] such person shall not be held
guilty of violating any of the provisions of the code .
H . [ Geepera'_ _ _ ns . ] The council -and mayor shall cooperate and
provide financing and personnel help required by the [ ,, ,.:.,,.._ _ sign ]
board in the performance of its duties .
ARTICLE XXI
SPECIAL ASSESSMENT IMPROVIDOWS
Section' 21 . 01 . Improvements by Special Assessment . The council
shall enact the provisions of [ Seer] section 146 - 130 to ' 146 - 171
of the Revised Laws of [ ] Hawai ' i 1955 , as amended , with the
exception of [ Seetlen ] section 146- 167 , as a county ordinance . No
changes , however , shall be made by the council regarding any
matter under the control of the board of water supply without the
prior approval of its board . Exemptions from special assessments
and reimbursement of costs to the county shall be as provided by
law .
ARTICLE XXII
INITIATIVE AND REl'EREIVD'i1M
Section 22 . 01 . Power of Initiative and Referendum .
- 48 -
A . The power of voters to propose ordinances ( except as
provided in [ cen ] section 22 . 02 ) shall be the initiative
power .
B . The power of the voters to approve or reject ordinances
that have been passed by the county council ( exceptsas provided in
[gin ] section 22 . 02 ) shall be the referendum power .
Section 22 . 02 . Limitations to Powers . The initiative power and the
referendum power shall not extend to any part or all of the
operating budget or capital budget ; any financial matter relating
to public works ; any ordinance authorizing or repealing the levy
of taxes ; any emergency legislation ; any ordinance making or
repealing any appropriation of money or fixing the salaries of
county employees or officers ; any ordinance authorizing the
appointment of employees ; any ordinance authorizing the issuance
of bonds ; or any matter covered under collective bargaining
contracts .
Section 22 . 03 . Submission Requirement .
A . Voters seeking to propose an ordinance by initiative shall
submit an initiative petition addressed to the council , and
containing the full text of the proposed ordinance . The initiative
petition shall be filed with the clerk of the council at least
ninety- six [ ( 96 ) ] hours prior to any regular council committee
meeting .
B . Voters seeking referendum of an ordinance shall submit a
referendum petition addressed to the council , identifying the
particular ordinance and requesting that it be either repealed or
referred to the voters of the county .
C . Each initiative or each referendum petition must be signed
by registered voters comprising not less than [ twenty perreent
( 20 % ) ] 20 percent of the - number of voters registered in the last
general election .
D . If an initiative or referendum measure is to be placed on
the ballot in a general election , the initiative and referendum
petitions must be submitted not less than one hundred twenty
[ "( 120 ) ] calendar days prior to the day scheduled for the general
election in the county .
Section 22 . 04 . Committee . For each initiative or each referendum
petition there shall be a petitioner ' s committee representing all
the petitioners , which committee shall be. composed of five [ +S } ]
49 -
members who shall be qualified voters of the county and signers of
the petition . The committee shall be responsible for circulation
of the petition and for assembling and filing the petition in
proper form . The committee shall have the power to amend or
withdraw the petition as provided by this article .
Section 22 . 05 . Initiative and Referendum Petition : Form and
Sufficiency ..
A . For immediate acceptance of the petition , the clerk of the
council shall require reasonable compliance with the following :
( 1 ) The petitions indicate by name and address , the five
1 +5} ] signers who constitute the petitioner ' s committee for that
petition .
( 2 ) The petitions indicate the address which all notices for
petitioner ' s committee are to be sent .
( 3 ) The signatures to petitions be filed on papers of uniform
size and style and assembled as one instrument .
( 4 ) Each signature on the petition shall be followed by the
name ( printed ) and the place of residence of the person signing .
( 5 ) The petition be signed by the required . number of
qualified registered voters of the county .
B . Signatures - are invalid and petitions insufficient :
( 1 ) If signers are not given an opportunity to read the full
text of the ordinance sought to be reconsidered and if the full
text of the ordinance is not contained in or attached to each
signature paper or set of signature papers of an initiative or
referendum petition throughout circulation .
( 2 ) If affidavits ( executed by the circulators for each set
of signature papers ) are not attached to the papers at the time of
filing of petitions with the clerk of the council . Each affidavit
shall attest to the effect that : a particular individual
personally circulated an identifiable set of papers ; each paper
bears a stated number of signatures ; each signature on a paper was
affixed in the circulator ' s presence ; each signature is the
genuine signature of the person it purports to be .
C . Individual signatures may be withdrawn within fifteen
[ ( 15-)] days after the filing of an initiative or referendum
- SO -
petition with the clerk of the council by the filing of a written
request thereof [ ,,- ] by the individual [ ,,- ] with the clerk or the
council .
Section 22 . 06 . Procedure After Filing ,
A . Certificate of Clerk ; Amendment . Within twenty [ ( 20-) ] days
after the filing of an initiative or referendum petition , the
clerk of the council shall complete a certificate as to the
sufficiency of the petition .
As soon as a certificate is completed , the clerk shall notify
the petitioner ' s committee of the contents of the certificate . If
a petition is certified sufficient , the clerk shall present [ ]
the clerk ' s certificate to the county council at its next meeting .
If the clerk certifies a ' petition insufficient , [h4ra ] the clerk ' s
certificate shall show the particulars wherein the petition is
defective . A majority of the petitioner ' s committee may elect to
amend a petition certified insufficient and must so notify the
clerk , but if a majority does not elect to amend a petition , the
clerk shall present [ hdr& ] the clerk ' s certificate to the county
council at its next meeting .
B . Supplementary Petition . If a majority of the petitioner ' s
committee elects to amend its petition , then within ten [ +-!-0+]
days after receipt of the clerk ' s certificate , the committee shall
file a supplementary petition upon additional papers . The
supplementary petition shall be governed by the same requirements
as for an original petition . Within five [ +3} ] days after the
filing of a supplementary petition , ' the clerk shall complete a
second certificate as to the sufficiency of the original petition
as amended by the supplementary petition . Thereafter , the
procedural requirements for the petition as amended shall be the
same as that for the original petition as provided in subsection
A . this section .
C . Council Review . A majority of the petitioner ' s committee
may request the county council to review a clerk ' s certificate , at
or before the meeting at which the clerk presents the certificate
to the council . The council shall review the latest clerk ' s
certificate , upon the committee ' s request , and shall approve or
reject the certificate or may substitute its own determination of
sufficiency of the petition by resolution .
D . Court Review ; New Petition . A final determination as to
the sufficiency of a petition shall be subject to court review . A
final determination of insufficiency , even if sustained upon court
- 51 -
review , shall not prejudice the filing or a new petition for the
same purpose .
Section 22 . 07 . County Council Action on Petitions .
A . The county council shall proceed immediately to consider
an initiative or referendum petition which has been determined
sufficient in accordance with the provisions of this article . If
an initiative petition is concerned , the ordinance it proposes
shall at once be introduced subject to the procedures required for
ordinances under [Arrtzlele ) article IV of this charter ; however ,
not more than sixty [ ( 60 ) ] days shall elapse between the time of
first reading of the initiative proposal as a bill and completion
of action to adopt , amend , or reject the same . If a referendum
petition is concerned , the ordinance to which that petition is
directed shall be reconsidered by the council ; and not later than
thirty [ {3 } ] days after the date on which the petition was
determined sufficient , the council shall , by ordinance , repeal ,
or , by resolution , sustain the ordinance .
B . If the council rejects an initiative amendment proposal or
passes it with an amendment unacceptable to a majority of the
petitioner ' s committee , or if the council fails to repeal an
ordinance reconsidered pursuant to a referendum petition , it shall
submit the originally proposeA initiative ordinance or refer the
reconsidered ordinance concerned to the voters of the county at
the next general election .
C . The council may , in its discretion , and under appropriate
circumstances , provide for a special election .
D . The ballot for . such measures shall contain an objective
summary of the substance of the measure and shall have below the
ballot title designated spaces in which to mark a ballot FOR or
AGAINST the measure . Copies of initiative or referendum ordinances
shall also be made available at the polls .
E'. Suspension of Ordinance . When a referendum petition or
amended petition has been certified as sufficient by the [may
Golf ] county clerk , the [ Ord nanee ] ordinance sought to be
repealed in the petition shall not be effective and shall be
deemed suspended from the date the petition is certified as
sufficient until the voters have voted on the measure and the
election results have been certified as provided in this
[Art l-e.] article .
- 52 -
Section 22 . 08 . Withdrawal of Petitions . An initiative or
referendum petition may be withdrawn at any time prior to the
sixtieth [ ( 60th ) ] day immediately preceding the day scheduled for
a vote in the county by filing with the county clerk a request for
withdrawal signed by ' at least four [{4 } ] members of the
petitioners committee . Upon the filing of the request , the
petition shall have no further force or effect and all proceedings
thereon shall be terminated .
Section 22 . 09 . Results of Election . If a majority of the voters
voting upon a proposed initiative ordinance shall vote in favor of
it , the ordinance involved shall be considered adopted upon
certification of the election results . If a majority of the voters
voting upon a referendum ordinance shall vote against it , the
ordinance involved shall be considered repealed upon certification
of the election results .
Section 22 . 10 . Upon approval by a majority of the votes cast on
the proposal , the charter amendment shall take effect upon all
legislative acts not excluded herein enacted after January 2 ,
1977 .
Section 22 . 11 . A referendum that nullifies an existing ordinance
shall not affect any vested right or any action taken or
expenditures made up to the date of the referendum .
ARTICLE XXIII
GENERAL PROVISIONS
Section 23 . 01 . Definitions .
A . The term " agency " shall mean any office , department , •
board , commission , or other governmental unit of the county .
• B . The term " employee " shall mean any person , except an
officer , employed by the county or any department thereof , but the
term shall not include any independent contractor .
C . The term " law " shall mean any law of the State of [ gin ]
Hawaii or, any ordinance of the county of Kauai or any rule or
regulation of any department having the force and effect of law .
D . The term " officer " shall include the following :
( 1 ) Mayor , prosecuting attorney , and members of the council .
53 -
( 2 ) Any person excluded from [ der- ] chapter 76 , HRS and
the position classification plan who is appointed as
administrative head of any department or agency of the
county or as a member of any board or commission .
( 3 ) Deputies appointed by the administrative head of any
department or agency of the county who are excluded from
[ der] chapter 761F HRS and the position
classification plan .
E . The term " [ State ] state [ CHS231 " shall mean the [ state of
Hawaiir4 ] State of Hawaii .
Section 23 . 02 . Boards and Commissions . The council may create such
other boards and commissions , not provided herein , by ordinance .
All boards and commissions , including those which are specifically
provided for herein , shall be organized , appointed , and vested
with the power and authority as provided hereunder , which are not
in conflict with the provisions of this charter .
A . All boards and commissions established by the charter
shall consist of seven members .
B . All members of boards and commissions shall be appointed
and may be removed by the mayor , with the approval of the council.,
except that members of boards and commissions established by
ordinance may be appointed and removed as provided by ordinance .
Such ordinance shall provide for either of the following
appointing and removal methods :
1 ) Appointment and removal of members by the mayor , with
the approval of the council ; or
2 ) Joint appointing powers under which the mayor and the
council each appoint an equal number of members , and one
additional member is selected by the members previously
appointed by the mayor and council . Members appointed by
the mayor may be removed by the mayor with the approval
of the council . Members appointed by the council may be
removed by the council with the approval of the mayor .
The one additional member selected by the previously
appointed members may be removed by the mayor with the
approval of the council .
A board or commission member who is absent from three
consecutive meetings without prior excuse of the [ ehairfftan ] chair
shall be expelled from membership . Upon notification of such
expulsion by the [ eh n] chair , the applicable appointing
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authority shall within [ 3-5 ] fifteen days of the notice , begin the
appointment process .
C . The members of all boards or commissions shall serve for
staggered terms of three years and until their successors are
appointed . However , no holdover term shall extend beyond ninety
days . All members currently serving shall serve their term as set
when they were appointed . All appointments after January 1 , 1977
shall be for three - year terms . Notwithstanding the holdover period
or period of any vacancy , the term of any appointment shall be
deemed to have commenced immediately after the normal termination
date of [ham ] the appointee ' s predecessor . The council may , by
ordinance , provide for the staggering of terms provided that no
terms of members already appointed shall be changed .
D . Each commissioner shall be , at the time of [ ham ] the
commissioner ' s appointment , a duly qualified resident elector of
the county .
E . No more than a bare majority of the members of any board
or commission shall belong to the same political party .
F . Any vacancy occurring on any board or commission shall be
filled for the unexpired term .
G . Each board or commission shall elect its [ ] chair
or other officers . The term of office of the [ e , _ rm_n _ h_r ] chair
of any board or commission shall be one year and no member of any
such board or commission shall [ sueeeed h1faself—as e fir
the term immediately fiellewing the empiratien of his eEfa . ] serve
two consecutive terms as chair .
H . No member of any board or commission shall be eligible for
more than two consecutive terms on the same board or commission or
on two different boards or commissions of the county . After the
expiration of two consecutive terms , no person shall be eligible
for appointment to any county board or commission until one year
has elapsed after such service . Any partial term of more than two
years shall be considered a term as used herein .
I . Employees and officers of the [ fie ] state or county may
be eligible to serve on boards or commissions , provided that such
service does not result in a conflict of interest or is expressly
prohibited by law .
J . A majority of all the members to which a board or
commission is entitled shall constitute a quorum to do business ,
55 -
and the concurrence of a majority of all the members to which such
board or commission is entitled shall be necessary to make any
action of such board or commission valid .
K . All boards and commissions shall have the power to
subpoena witnesses and administer oaths to witnesses as to all
matters within, the scope of such boards or commissions .
L . The members of boards and commissions shall receive no
compensation but shall be entitled to be paid for necessary
expenses incurred by them in the performance of their duties .
M . Except for purposes of inquiry , no board or commission ,
nor its members , shall interfere in any way with the routine
administrative affairs of its department normally administered by
the department head .
N . Each board or commission shall have power to establish its
own rules of procedures necessary for the conduct of its business ,
except as . otherwise provided in this charter .
Section 23 . 03 . Title to Property . Except as otherwise provided by
law , title to all property acquired by any agency of the county
shall be vested in the county .
Section 23 . 04 . Facsimile Signatures . Whenever any person is
required to sign negotiable instruments or multiple bonds , the
signature may be a facsimile .
Section 23 . 05 . Expenses . All officers and employees of the county
shall be entitled to their traveling or other necessary expenses
incurred in the performance of their public duties .
Section 23 . 06 . Claims . No action shall be mciintained for the
recovery of damages for death or injury to person or property by
reason of negligence of any , officer or employee of the county
unless a written statement stating fully when , where , and how the
damages occurred , the extent thereof and the amount claimed
therefor , has been filed with the county clerk within six months
after the date the death , injury , or damages were sustained .
Section 23 . 07 . Annual Reports .
A . Not later than ninety [ +9-0+] days after the close of the
fiscal year , each agency of the county shall make an annual
written report of its activities to the mayor in such form and
under such rules as the mayor may prescribe . Copies of such
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reports shall be filed in the office of the county clerk .
B . Not later than one hundred eighty [-( 180 ) ] days after the
close of the fiscal year , the mayor shall make an annual report
concerning the activities of all agencies of the county . A copy of
such report shall be filed in the office of the county clerk .
Section 23 . 08 . Records and Meetings Open to Public .
A . All books and records of every department shall be open to
the inspection of any person at any time during business hours ,
except as otherwise provided by law . Certified copies or extracts
from such books and records shall be given by the officer having
custody of the same to any person demanding the same and paying or
tendering a reasonable fee to be fixed by ordinance for such
copies or extracts .
B . All meetings of boards and commissions shall be held in
the county building or other public places. , [ CHS241 and no such body
shall take any official action except at a meeting open to the
public .
Section 23 . 09 . Rules and Regulations . Unless otherwise authorized
by law , all rules and regulations having the force and effect of
law adopted by any board , commission , or administrative head of a
department , must first be approved by the mayor prior to going
into effect .
Section 23 . 10 . Penalties . Any violation of a charter provision ,
any ordinance , or duly enacted rule or regulation having the
effect of law shall be subject to a fine not exceeding [ $ 1 , 000 . 00 ]
$ 1 , 000 or one year ' s imprisonment or both unless the charter ,
ordinance , rule , or regulation provides for a specific penalty in
which case the specific penalty shall control . Prosecution for any
violation shall be as provided by law for the prosecution of
*misdemeanors .
Section ` 23 . 11 . County Elections , County elections shall be
conducted in accordance with the state election laws [ efthe
Vie ] insofar as applicable , but the county primary and general
elections shall be held [ ter] every two years following the initial
election .
Section 23 . 12 . Oaths of Office . Before entering upon the duties of
[ ham ] the office , each officer elected or appointed shall take and
subscribe to such oath or affirmation as shall be provided by law .
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Section 23 . 13 . Impeachment of Officers . Any officer appointed or
elected may be impeached for malfeasance , misfeasance , or
nonfeasance in office . Such impeachment proceeding . shall be
commenced in the Fifth Circuit Court , State of [ u ...xvoall. ] Hawai ' i .
The charge or charges shall be set forth in writing in a verified
petition for impeachment signed by not less than [ five pereent
� ] 5 percent of the voters registered in the last general
election , except as to charges filed by the ethics [ eemmi _ c _ c~ ]
board . If the court sustains the charge or charges , such officer
shall be deemed removed from office . The petitioners seeking the
impeachment shall bear their own attorneys ' fees and other costs
of such proceedings , except proceedings initiated by the ethics
[ eemmiss _ en ] board , the cost of which shall be paid by the county .
A . Whenever any officer is sought to be impeached for matters
relating to the officer ' s official powers or duties , and the
impeachment is not being sought by the ethics board ,
such officer may request legal representation by the county or at
county expense .
( 1 ) Such request for legal representation shall be
accompanied by a signed statement in a form approved by the
[ C ] county attorney , in which the officer agrees to
reimburse the [may ] county- for all expenses incurred in such
legal representation , if the officer is impeached .
( 2 ) Determination of expenses shall be made by the [ may
T} =4 ] county attorney and approved by the [ _ ] council ,
and shall be conclusive .
( 3 ) Any officer being impeached for matters not relating to
their official powers or duties shall bear their own attorney ' s
fees and costs of such proceedings .
B . Legal representation for impeachment relating to an
,officer ' s official powers or - duties , and which is not being sought
by the ethics [ eeRunis _ _ en ] board , shall be as follows :
( 1 ) By the [ ] county attorney ' s office if
requested by the officer and agreed to by the [ Geunty Atterney . ]
county attorney .
( 2 ) By outside legal counsel selected by the officer . The
[ Mayen ] mayor and [ _ ] council shall appropriate reasonable
amounts for such legal services . In the alternative , existing
funds which have been appropriated for legal services may be used ,
provided the [ Geunei_ ] council approves of the amount .
58 -
C . Nothing in this section shall preclude the officer sought
to be impeached from recovering attorneys ' fees as provided by
law . If legal representation is provided at county expense , such
recovery shall be reimbursed to the county .
Section 23 . 14 . Coordination of [ kl Work ( CHS251 . The mayor shall
devise a practical and working basis for the cooperation and
coordination of work by the various departments , eliminating
duplication and overlapping of functions , and shall have the
various agencies cooperate with each other in the use of
employees , land , buildings , quarters , facilities , and equipment .
The head of any department may empower or require an employee of
another department , subject to the consent of the head of such
other department , to perform any duty which [ die ] such department
head might require of the employees of his or her department .
Whenever in this charter power is vested in a department to
inspect , examine , or secure data or information , or to procure
assistance from any other department , a duty is hereby imposed
upon the department upon which demand is made to render such power
effective .
Section 23 . 15 . Cooperation With Other Organizations . In the
performance of its functions , each department shall cooperate with
private organizations and with organizations of the governments of
the United States , the [ State . ] state , and any other state , and
with any of their political subdivisions having similar functions .
Section 23 . 16_ Provisions of Charter Inoperative . If any provision
of this charter jeopardizes the receipt by the county of any
federal grant - in- aid or other federal allotment of money , such
provision may , insofar as such fund is jeopardized , be waived by
the council upon the recommendation of the mayor .
Section 23 . 17 . Titles , Subtitles , Personal Pronouns : Construction .
Titles and subtitles shall not be used for purposes of construing
this charter .
When any personal pronoun appears in. this charter , it shall be
construed to mean either [ sex :] gender .
ARTICLE XXIV
CHARTM AAMMVZ ILWT
Section 24 . 01 . Initiation of Amendments . Amendments to this
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charter may be initiated only in the following manner :
A . By resolution of the council adopted after two readings on
separate days and passed by a vote of five or more members of the
council .
B . By petition presented to the council , signed by registered
voters comprising not less than [ five pereent ( 8 %} ] 5 percent of
the number of voters registered in the last general election ,
setting forth the proposed amendments . Such petitions shall
designate and authorize not less than three nor more than five of
the signers thereto to approve any alteration or change in the
form or language or any restatement of the text of the proposed
amendments which may be made by the county attorney .
[ 1 filing f- sti „h pet ; t ; en with the eeunel , the—eel-eierl
Shall examine ± t te see whether it eentza ± ns a siaffieient number e-f
valid slgnatidres efEegistered voters . ]
Upon filing of such petition with the council , the county
clerk shall examine it to see whether it contains a sufficient
number of valid signatures of registered voters .
Section 24 . 02 . Elections to be Called .
A . Any resolution of the council or petition of the voters
proposing amendments to the charter shall provide that the
proposed amendments shall be submitted to the voters of the county
at the next general election .
B . The county clerk shall have the proposed amendments
published in a newspaper of general circulation in the county at
least thirty [ ( 30 ) ] days prior to submission of the proposed
amendments to the voters of the county at the next general
election .
C . Should - the majority of the voters voting thereon approve
the proposed amendments to this charter , the amendments shall
become effective at the time fixed in the amendment , or , if no '
time is fixed therein , thirty [ {39-} ] days after its adoption by
the voters of the county . Any charter amendment shall be published
in a newspaper of general circulation in the county within thirty
[(8 ) ] days of the effective date of such amendment .
Section 24 . 03 . Charter Reviewtcss261 . The mayor with the approval
of the council shall appoint , with appropriate staffing , a charter
commission composed of seven members who shall serve in accordance
with [ Seetie^n ] section 23 . 02C of this [ Gharrterr ] charter to study
60 -
and review the operation of the county government under this
charter for a period of ten years commencing in 2007 . Thereafter ,
the mayor , with the approval of the council , shall appoint a
charter commission at ten4 year intervals . In the event the
commission deems changes are necessary or desirable , the
commission may propose amendments to the existing charter or draft
a new charter , which shall be submitted to the county clerk . The
county clerk shall provide for the submission of such amendments
or new charter to the voters at any general or special election as
may be determined by the commission . The commission shall publish
not less than thirty [ {30 ) ] days before any election at least once
in a newspaper of general circulation within the county the entire
text of the amendments or new charter .
A . Unless a new charter is submitted to the voters , each
amendment to the charter shall be voted on separately .
Be If a majority of the voters voting upon a charter
amendment votes in favor of it or a new charter , if a new charter
is proposed , the amendment or new charter shall become effective
at the time fixed in the amendment or charter , or if no time is
fixed , thirty [{3&}- ] days after its adoption by the voters . Any
charter or amendment shall be published in its entirety not more
than thirty [ (30 ) ] days after its adoption .
ARTICLE XXV
SEVERABILITY
Section 25 . 01 . Severability . If any provision of this charter is
held invalid , the other provisions of this charter shall not be
affected thereby . If the application of the charter or any of its
provisions to any person or circumstances is held invalid , - the
application of the charter and its provisions to other persons or
circumstances shall not be affected thereby .
ARTICLE A=
TRANSITIONAL PROVISIONS
Section 26 . 01 . Schedule . After the approval of this charter by the
voters , this charter shall be in effect to the extent necessary in
order that the first election of members of the county council and
mayor may be conducted in accordance with the applicable state
election laws [ ef the—State ] . This charter shall take full effect
on January 2 , 1969 .
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Section 26 . 02 . Initial Election Under the Charter . The first
county primary and general elections under this charter shall be
held in the year 1968 .
Section 26 . 03 . Existing Laws and Conflicting Laws . All laws ,
: ordinances , resolutions , rules , and regulations in force at the
time this charter takes full effect , and not in conflict or
inconsistent with this charter , are hereby continued in force
until repealed , amended , or superseded by proper authority . All
laws relating to or affecting this county or its agencies ,
officials , or employees , and all county ordinances , resolutions ,
orders , and regulations which are in force when this charter takes
full effect , are repealed to the extent that they are inconsistent
with or interfere with the effective operation of this charter or
of ordinances or resolutions adopted by the county council under
the provisions of this charter .
Section 26 . 04 . Status of Departments , and Transfer of Funds .
A . All departments , the status of which are not specifically
changed or abolished by this charter , are hereby recognized ,
continued , and established and shall have such powers , duties , and
functions as provided by law . Members of the various boards ,
commissions , and committees holding office at the effective date
of this charter shall continue in office unless they resign or
until their terms of office shall expire .
B . The offices of the county auditor and the county treasurer
are abolished and their functions transferred to the department of
finance .
C . The offices of the elected county clerk and the county
attorney are abolished .
Section 26 . 05 . Transfer of Records and Property . All records ,
property , and equipment of any office , division , department ,
board , or ' commission , the functions of which are assigned to
another agency by this charter , shall be transferred and delivered
to the agency to which such functions are so assigned .
Section 26 . 06 . Status of Present Employees . All civil service
employees and full - time employees whose positions are exempt from
civil service presently employed by any department or agency which
is merged or abolished under this charter , shall be transferred
and continued in employment in accordance with ['° ems] sections
138 - 44 and 138 - 45 , Revised Laws of [ Hawaii ] Hawai ' i 1955 [cxs271 , as
62 -
amended , to a comparable position in an agency where such function
has been transferred .
Section 26 . 07 . Heads of Departments Continued in Office .
Notwithstanding any provision to the contrary , all officers and
department heads , whether appointed or elected , holding office
immediately prior to the time this charter takes effect , shall
continue in employment for a period of not more than forty- five
[ ( 415 ) ] days thereafter , or until they are replaced pursuant to the
provisions of this charter , whichever occurs later .
Section 26 . 08 . Temporary Budget and Capital Program . During the
transitional period , the mayor shall submit and the council shall
adopt , with or without amendments , a temporary current expense
budget and a capital program based on the revenues anticipated
during said period . Until the adoption of such temporary current
expense budget and capital program, the then existing budget and
capital program shall remain in effect .
Section 26 . 09 . Pending Proceedings . All petitions , hearings , and
other proceedings pending before any office , department , board , or
commission abolished by this charter , and all legal proceedings
and investigations begun by such office , department , board , or
commission and not completed at the effective date of this
charter , shall continue and remain in full force and effect and
shall be completed before or by the office , department , board , -or
commission which succeeds to the powers and functions of such
office , department , board , or commission .
Section 26 . 10 . Lawful Obligations of the County . All lawful
obligations of the county existing on the effective date of this
charter and all fines , taxes , penalties , forfeitures , obligations ,
and rights due , owing , or accruing to the county , and all writs ,
prosecutions , actions , and proceedings by or against the county
shall remain unaffected by the adoption of this charter .
ARTICLE XXVII `
RECALL
Section 27 . 01 . Recall Procedure . Any [ e ' e�ve ] elected officer
serving a four- year term as provided for in this charter may be
removed from office by the voters of the county . The procedure to
effect such removal shall be in accordance with this article .
A petition demanding that the question of removing such
official be submitted to the voters shall be filed with the county
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clerk . Such petitions shall be signed by currently registered
voters numbering not less than [ tweak--pere°nt ( 20 % ) ] 20
percent [ cxs281 of the voters registered in the last general
election .
Section 27 . 02 . Petitions . Petition papers shall be procured only
from the county clerk , who shall keep a sufficient number of such
blank petition papers on file for distribution as herein provided .
Prior to the issuance of such petition papers , an affidavit shall
be made by one or more voters and filed with the clerk , stating
the name and office of the officer sought to be removed .
Section 27 . 03 . Signatures . Each signer of a recall petition shall
print and sign their name and shall place thereon after the name ,
social security number , place of residence , and voting precinct .
To each such petition paper there shall be attached an affidavit
of the circulator thereof , stating the number of signers to such
part of the petition and that each signature appended to the paper
was made in the circulator ' s presence and is believed to be the
genuine signature of the person whose name it purports to be , and
that each signer understood it to be a recall petition of a
specific elected officer .
Section 27 . 04 . Filing and Certification . All papers comprising a
recall petition shall be assembled and filed with the county clerk
as one instrument within thirty [ ( 38 ) ] days after the filing , with
the clerk , of the affidavit stating the name and office of the
officer sought to be removed . Within ten [ ( 0 ) ] days from the date
of the filing of such petition , the clerk shall determine the
sufficiency thereof and attach thereto a certificate showing the
result of [hie ] the clerk ' s examination . If the clerk shall
certify that the petition is insufficient , [he ] the clerk shall
set forth in the certificate the particulars in which the petition
is defective , and shall return a copy of the certificate to the
person designated in such petition to receive it .
Section 27 . 05 . Supplemental Petitions . In the event the initial
petition contained insufficient signatures , such recall petition
may be supported by supplemental signatures of voters signed in
the manner required in [ Seetlen ] section 27 . 03 of this article
appended to petitions issued , signed , and filed as required for
the original petition at any time within ten [ -( 10 ) ] days after the
date of the certificate of insufficiency by the clerk . The clerk
shall within five [ +8+ ] days after such supplemental petitions are
filed make a like examination of them , and if [h-i-& ] the clerk ' s
certificate shall show the same to be still insufficient , [ he ] the
clerk shall return it in the manner described in [ ° e�len ] section
64 -
27 . 04 of this article to the person designated in such petition to
receive the same , and no new petition for the recall of the
officer sought to be removed shall be filed within one year
thereafter .
Section 27 . 06 . Recall Election . If a recall petition or
supplemental petition shall be certified by the clerk to be
sufficient , [ ire] the clerk shall promptly notify in writing the
officer sought to be recalled of such action . If the official
whose removal is sought does not resign within five [ } ] days
after mailing of such notice , the clerk shall thereupon order and
fix a day for holding a recall election . Any such election shall
be held not less than seventy- five [ ( 5 ) ] nor more than ninety
[ ( 90 ) ] days after the petition has been presented to the official ,
at the same time as any other special county or state election
held within such period , but if no such election is to be held
within such period , the clerk shall call a special recall election
to be held within the time aforesaid . If less than [ fifty pereent
) ] 50 percent[ CHS291 of the total number of voters registered in
the last general election shall vote at such recall election , the
officer sought to be recalled shall not be deemed recalled
regardless of the outcome of the election .
Section 27 . 07 . Ballots . The ballots at such recall election shall ,
with respect to each person whose removal is sought , submit the
question : " Shall ( name of person ) be removed from the office of
( name of office ) by recall ? " Immediately following each such
question , there shall be printed on the ballots the two
propositions in the order set forth : " For the recall of ( name of
person ) . " "Against the recall of ( name of person ) . " Immediately to
the right of the proposition there shall be designated spaces in
which to mark the ballot FOR or AGAINST the recall . A majority
vote shall be sufficient to recall such officer , subject to the
provisions of [ ce�n ] section 27 . 06 of this article .
Section 27 . 08 . Succeeding Officer . The incumbent , if not recalled
in such election , shall continue in office for the remainder of
[fir-ice ] the incumbent ' s unexpired term subject to the recall as
before , except as provided in this charter . If recalled in the
recall election , [ ore ] the incumbent shall be deemed removed from
office upon the clerk ' s certification of the results of that
election , and the office shall be filled as provided by this
charter for the filing of vacancies of elected officials . The
successor of any person so removed shall hold office during the
unexpired term of [ his pr ,.d,. .... ssern _ ] the person removed .
Section 27 . 09 . Immunity to Recall . The question of the removal of
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any officer shall not be submitted to the voters until such person
has served six [+64- 1 months of the term during which [ die ] such
ep rson is sought to be recalled , nor , in case of an officer
retained in a recall election , until one year after that election .
ARTICLE XXVIII
COST CONTROL CO MISSION
Section 28 . 01 . Organization . , [CHS301 There shall be a [
Centre l Gems= ien ] county cost control commission composed of
seven members not employed in government service .
Section 28 . 02 . Goal . The goal of the commission is to reduce the
cost of county government while maintaining a reasonable level of
public services .
;Section 28 . 03 . Repealed ( 2006 ) [cxs31 ]
Section 28 . 04 . Duties . ! ( CHS321 The commission shall review personnel
costs , real property taxes , travel budgets , contract procedures ;
review with the aim of eliminating programs and services available
or more efficiently supplied by other governments or
organizations ; eliminate or consolidate overlapping or duplicate
programs and services ; scrutinize for reduction any county
operation .
Section 28 . 05 . Reports . The commission shall prepare and advertise
a written annual report summarizing its recommendations prior to
the end of each calendar year . Thereafter , the commission may
request that any of its recommendations be drafted in ordinance
form for its introduction through the mayor . The mayor shall , with
mayor ' s comments thereon and within thirty [-( 30 ) ] working days of
receipt , submit to the council for its immediate consideration all
ordinances proposed by the commission .
Section 28 . 06_ Rules and Regulations . The commission shall adopt
rules and regulations relating to the operation and management of
the commission in order that the commission can accomplish its
goals and objectives .
Section 28 . 07 . Appropriation . The mayor and council shall provide
an annual appropriation sufficient to enable the commission to
secure clerical help and pay other operational costs . The
commission shall be provided with the latest mayor ' s annual report
and the council ' s latest audit report . The commission is empowered
to secure from any department , agency , official , or employee , any
report or information the commission requests that is appropriate
66 -
to its function . All such requests shall be made through the
office of the mayor or the [ •~h ] chair. of the council for
information within their respective jurisdictions .
ARTICLE XXIX
SALARY COMUSSION
Section 29 . 01 . Organization . There shall be a [ Salary Cnmmissien ]
salary commission composed of seven members to establish the
maximum salaries of all elected and appointed officers as defined
in [ rn ] section 23 . 01 D of this [ harter . ] charter .
Section 29 . 02 . Policies . The commission shall adopt and , when it
deems necessary , may change the policies governing its salary-
setting decisions .
Section 29 . 03 . Resolution . The commission ' s salary findings shall
be adopted by resolution of the commission and forwarded to the
mayor and the council on or before March 15 of any calendar year .
The resolution shall take effect without the mayor' s and council ' s
concurrence sixty days after its adoption by the commission unless
rejected by a vote of not less than five members of the council .
The council may reject either the entire resolution or any portion
of it . The respective appointing authority may set the salary of
an appointee at a figure lower than the maximum figure established
by the salary commission for the position [ . Picevi-dedhe, eoe-r--,-]
provided that elected officers may voluntarily accept a salary
lower than the maximum figure established by the salary commission
for their position , or forego accepting a - salary .
Section 29 . 04 . Rules . The commission shall establish its rules of
procedures and adopt rules and regulations pursuant to law .
Section 29 . 05_ Changes in Salary . No change in salary of
councilmembers shall be effective during the term in which a
change is enacted or for twenty- four months after a change is
enacted , whichever is less .
Section 29 . 06_ Administration and Operation . The mayor and council
shall provide an annual appropriation sufficient to enable the
commission to secure clerical or technical assistance and pay
other operational costs in the performance of its duties .
ARTICLE XXX
ELECTRIC POWER AUTHORITY
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Section 30 . 01 . Electric Power Authority . The [ _ ] council
may establish by ordinance an electric power authority corporation
for the county , which shall be a body corporate and shall be
responsible for the planning , development , production , purchase ,
transmission , and distribution of all electricity- related services
by the county .
If established by ordinance , all provisions of this
[ "tee ] article [ X-X4 ] shall be included in the ordinance and
no ordinances shall be enacted and no administrative rules shall
be adopted which either expressly or by implication conflict
with the provisions of this [ Artlele. ] article .
[ Seetiens ] sections 30 . 02 through 30 . 06 of this [ tee ]
article [ XXX ] shall be effective thirty [ ( 30 ) ] calendar days
from and after the enactment of an ordinance establishing an
electric power authority for the County of [ Kauai . ] Kaua ' i .
If established by ordinance , the authority shall operate as
a separate unit of county government , except as otherwise
provided in this charter . The authority shall be free from the
jurisdiction , direction , and control of other county officers
and of the council .
Notwithstanding any provision in the [ Gh rterr ] charter to
the contrary , the council may by ordinance enact any further
provisions it deems necessary to implement this [ nrtile ]
article [ X4�-X ] including , but not limited to , provisions
concerning the power authority ' s powers , duties , and
liabilities , its organization and governing structure , the
manner in which officers and employees are elected , appointed ,
or employed , and the manner in which rates are set and the
authority' s revenues are utilized .
Section 30 . 02 . Board of Directors of the Electric Power
Authority . There shall be a board of directors of the electric
power authority , which shall have exclusive jurisdiction ,
control , and policy-making responsibility over the authority and
all of its operations and facilities .
The board shall have and may exercise all rights , powers ,
duties , privileges , and immunities possessed by the county ,
which are or may be secured by law including , but not limited
to , all powers and duties possessed by the county to construct ,
acquire , expand , and operate the utility , and to do any and all
acts or things that are necessary , convenient , or desirable in
order to operate , maintain , enlarge , extend , preserve , and
- 68 -
promote an orderly , economic , and business - like administration
of the utility .
The board shall adopt articles of incorporation and by- laws
consistent with all provisions of this [ " ��e] article [ ] .
Such articles and by- laws may be amended from time to time by the
board ; however , any such amendments shall be consistent with all
provisions of this [ "tee ] article [ X-XX ] . Such articles and by-
laws shall also include provisions as are customary to set forth
both the corporation ` s purpose and nature and the procedural
matters necessary for its governance .
The board shall operate as a separate unit of county
government , except as otherwise provided in this charter . Both
the board and the authority shall be free from the jurisdiction ,
direction , and control of other county officers and of
the council .
The board may sue or be sued in its own name . All
liability for damage claims arising from the operations of the
board and the authority shall be the responsibility of and be
liquidated by the board from the appropriate funds of
the authority .
Section 30 . 03 . Organization of the Board .
A . Number of directors . The board shall consist of seven
directors , one of whom shall be the chief executive officer of
the authority , and six of whom shall be elected- at - large . All
seven directors shall be voting members of the board . Charter
[ See : ] section 7 . 05K shall not apply to this [ Article ] article
[ XXX ]
B . Election and [ Tenure ef 91reete — ] tenure of directors .
1 . Director-s elected at - large . Directors elected at -
large shall be elected at the next regularly scheduled
general election after` the enactment of the ordinance
creating the authority .
2 . Subject to the provision in paragraph D of this
section that the terms of the first directors who have no
licensing or education and experience qualification
requirements shall be two years , all directors shall serve
terms of four years , unless they die , resign , or are
removed from office pursuant to paragraph D of this
section . The terms of all elected directors shall begin at
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twelve o ' clock meridian on the first working day of
December following their election .
3 . Term limits of directors . No elected director shall
serve as director for more than two consecutive full terms .
C . Vacancies . Vacancies shall be filled by the board for .
the unexpired term . No vacancy on the board shall impair the
right of the remaining directors to exercise all the powers of
the board .
D . Qualifications . All persons seeking positions as elected
directors shall , upon filing for their candidacies , be citizens
of the United States and registered voters in the [ Geanty . ]
county . In addition , three of the six elected directors shall
possess the following additional qualifications upon filing for
their candidacies .
Three of the six elected directors must either :
( 1 ) Have been licensed by any state in the United
States for a minimum of five years in engineering ,
accountancy , or law ; or
( 2 ) Have an undergraduate or graduate degree in
business management or business administration from a
university or college within the United States accredited
by the Middle States Association of Colleges and Schools ,
North Central Association of Colleges and Schools , New
England Association of Schools and Colleges , Northwest
Association of Schools and Colleges , Southern Association
of Colleges and Schools , or the Western Association of
Schools and Colleges , and have worked in the field of
business management or business administration for a
minimum of five years .
All persons seeking positions as elected directors shall
'specify in their nomination papers whether they are seeking to
be elected for one of the three director positions which have
licensing or education and experience qualification
requirements , or the director position which has no such
qualification requirements .
All persons seeking director positions which have licensing
or education and experience qualification requirements shall
execute an affidavit stating that the erne ] the applicant has
satisfied the qualification requirements for those positions .
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The person shall swear to the truth of the allegations by self -
subscribing oath in the affidavit . The county clerk shall
prescribe the form of the affidavit . If the clerk so desires or
believes it to be expedient , the clerk may demand that the
person furnish substantiating evidence to the allegations in the
person ' s affidavit . If the clerk determines that any person has
not satisfied the licensing or education and experience
requirements of this paragraph D , the person shall be deemed
unqualified for the position sought .
With respect to any director elected to fill a position
having licensing or education and experience requirements , the
following rule shall apply . If , at any time , it is learned that
any such director has not satisfied these requirements , the
board shall immediately remove the director from office . Any
Vacancies arising from such a removal shall be filled by the
board for the unexpired term ; provided that all persons
appointed by the board as a result of such a removal shall
satisfy , at the time of their appointment , the qualification
requirements for such elected directors .
For the director positions which have no licensing or
education and experience qualification requirements , the three
candidates receiving the highest number of votes shall be
elected to those three positions . The terms of the first
directors who have no licensing or education and experience
qualification requirements shall be two years .
For the three director positions which have licensing or
education and experience qualification requirements , the three
candidates receiving the highest number of votes shall be
elected to those three positions .
The qualification requirements of this paragraph D shall
not apply to the chief executive officer of the authority .
No director may hold any county office , be an officer or
employee of the county government , or have been an offices or
employee of county government within twelve months of the date
that the director ' s term of office is effective . No director
may conduct any business whatsoever with the authority .
A director convicted of the commission of a felony shall be
removed from office when convicted of the felony .
E . Officers . The board by majority vote shall elect from
among its members a [ eh ] chair who shall preside over the
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meetings of the board , and a [ viee - eha rm , .. ] vice - chair who
shall act for the [ chairman ] chair during absences , and may
elect from among its members one or more vice -presidents , a
secretary , and a treasurer and assistant secretaries , and
treasurers . The board shall prescribe and may amend the duties
of all such officers .
Election of officers shall be held at the first regular
meeting at which all members are present following the
appointment or election of a new director for a full term , but
not later than the second meeting following the .appointment
or election .
F . Meetings . The board shall take no action except by the
affirmative vote of at least four directors , who shall
constitute a quorum .
The board shall meet at least once each month at such times
as the board may prescribe .
Except where meetings closed to the public are permitted
under applicable law , all board meetings shall be open to the
public . Agendas shall be posted pursuant to applicable law .
G . Errors and omissions . The authority shall hold harmless
and indemnify its director , chief executive officer , agents , and
employees to the full extent permitted by law , including , but
not limited to , all liabilities , expenses , and losses incurred
by its directors , chief executive officer , - agents , and employees
in connection with acts of error or omissions , other than
willful violations of laws , committed within the scope of their
duties , and shall defend , at the authority ' s expense , all
related claims and suits .
Section 30 . 04 . Organization of the Authority .
A . Divisions . The authority shall keep separate funds and
accounts as required by the uniform systems of accounts for gas ,
electricity , water , communications , and other utilities , as
promulgated by the [ ] Hawai ' i Public Utilities Commission
or the Federal Energy Regulatory Commission .
B . Policy . The board shall establish an annual budget and
written policies governing utility operations to cover such
areas as employees ' duties , customer rates , service rules and
termination procedures , expenditures of funds , long - range
planning , and other appropriate activities .
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C . Chief [ Ex eutly Offleer--. ] executive officer . The board
shall appoint and the authority shall employ a president and
chief executive officer of the authority who shall be qualified
by training and experience for the overall management of the
utility . The chief executive officer shall serve according to
the terms of an employment contract to be executed between the
officer and the board , and shall have such authority as
delegated by the board . The salary of the chief executive
officer shall be fixed by the board .
The chief executive officer shall , subject to board
approval , ( 1 ) determine the number of employees necessary for
the operation of the utility , and ( 2 ) fix their duties and
compensation . The chief executive officer shall have control of
all actual construction and repairs , the immediate management of
operation of the utility , and the enforcement and execution of
all rules and regulations , programs , plans , and decisions made
or adopted by the board . The chief executive officer shall
maintain suitable permanent records regarding actions taken . The
chief executive officer shall prepare plans and specifications ,
take bids , and let contracts , subject to the approval of the
board . The chief executive officer shall prepare and submit to
the board periodic reports on the utility ' s compliance with
local , state , federal laws in the areas of safety , environmental
matters , and civil rights .
D . Other employees . There shall be such other officers and
employees of the authority as may be provided by the board . The
officers and employees shall be appointed and removed by the
chief executive officer subject to the provisions of applicable
local , state , and federal laws or binding contracts entered into
with employees and the authority , or both .
E . Surety bonds . The board may require surety bonds for any
of the officers and employees of the authority in • such amounts
as the board deems necessary . The premiums for the bonds shall
be paid by the authority in the same manner as any other
operating expense .
Section 30 . 05 . Powers and Duties of the Board .
A . Real estate and contracts . The board , in the efficient
and economical operation of the authority , may , as state law
permits : ( 1 ) sell its products and services to the public and
private corporations and to other consumdrs ; ( 2 ) construct and
operate plants and operate distribution system , transmission
73 -
lines , and other facilities ; ( 3 ) purchase real estate and
franchises ; and ( 4 ) enter into all contracts , leases , and
agreements in furtherance thereof .
B . Joint operations with others . The board may enter into
contracts and agreements with any public or private corporation
or any individual , both inside and outside the boundaries of the
county and state : ( 1 ) for the joint use of property belonging
either to the authority or to the other contracting party or
jointly to both parties ; and ( 2 ) for the joint acquisition of
real and personal property , rights and franchises , and the joint
financing , construction , and operation of plants , buildings ,
transmission lines , and other facilities .
C . Eminent domain . The board may enter upon any land or
water for the purpose of making surveys and may exercise the
right of eminent domain in like manner as the county , and to the
same extent as the county , when the board determines that public
necessity or convenience requires such action .
D . Use of thoroughfares for utility installations . The
board may use the ground over , under , or along any road ,
railway , highway , street , sidewalk , thoroughfare , alley , or
waterway in the operations of the authority , but shall in all
cases and subject to the applicable general regulations of the
county and state , cause the surface of the public way to be
restored to its usual condition .
E . Rates . The board shall fix rates and other charges - to be
assessed against each customer class for electrical services
rendered by the authority . Rates and other charges for each
customer class shall be based on the cost of the service
provided and be just , reasonable , compensatory , and without
undue preference or discrimination .
The board may require reasonable deposits as- security for
the payment of charges for utility services and may provide for
the return of the deposits when satisfactory consumer credit has
been established .
F . Authorization for expenditures . No money shall be drawn
from the funds of the authority nor shall any obligation for the
expenditure of money be incurred except in conformity with
authorization by the board . No claim against the authority
shall be paid unless evidenced by a voucher approved by the
chief executive officer or by some other employee to be
designated by the chief executive officer .
- 74 -
G . Use of utility funds . All utility revenues shall be
directed to the provision of utility services and not applied to
the general fund of the county , unless the transfer of revenues
constitutes a payment in lieu of taxes . Except for those taxes
that are assessed pursuant to county , state , or federal law , no
other taxes or fees , or both , shall be assessed against the
authority . Nothing in this section G . shall prohibit the
authority from entering into such business arrangements or
contracts , or both , with the county as the board may deem
advisable .
H . Bond issues and other indebtedness . Subject to
applicable state laws , the board may authorize the issuance and
sale of revenue bonds or other types of indebtedness necessary
to finance the acquisition , construction , improvement , and
extension of the utility facilities owned by the county or
authority , including facilities owned or operated jointly with
others . Use of general obligation bonds may entail approval by
the county council .
I . Short- term indebtedness . The board may borrow money for
periods not to exceed three years and may issue negotiable
notes , payable from the revenues of the authority , as evidence
of the indebtedness . The action of the board may be by
resolutions that may be adopted at the same meetings at which
the resolutions are introduced and shall take effect immediately
upon adoption .
J . Investment of surplus funds . The board may invest
surplus funds of the authority in securities that are deemed
safe and as may be authorized by specific action of the board .
K . Delegation of powers . The [Beard] board shall retain
powers relating to budget approval , rate setting , and long - term
• indebtedness ; however,, it may from time to time delegate in
writing other powers to officers or employees responsible to it ,
as4may be necessary .
Section 30 . 06 . General Provisions .
A . Disposition of [ PAS—Au h _ _ _ ty ; ] power authority . The
county council shall have no authority to cease to operate , or
to sell , lease , abandon , or in any other . way dispose of the
electric power authority under this [ ?'� ] article [ ] ,
without first holding a public hearing during which a certified
public accountant shall present a report to the county council
- 75 -
concerning the revenue that has been earned by the electric
power authority throughout the county ' s ownership , and an
analysis of the revenues to be lost by the county through the
proposed sale of the electric power authority .
There shall be two council votes at least six [ f6} 1
calendar months apart to call a referendum election concerning a
sale of the authority . The county shall hold a referendum
election which must be passed by a majority of the voters ,
voting at the election , to approve a sale . The referendum
election shall be held at the next regularly- scheduled general
election .
B . Existing obligations . Contracts and obligations relating
to the electric power authority which were incurred prior to the
effective date of sections 30 . 02 through 30 . 06 shall not be
impaired and shall be binding upon the board insofar as they
apply to the authority .
C . Repeal of prior [ G y ] county charter provisions and
ordinances . All county charter provisions and ordinances and
parts of county charter provisions and ordinances inconsistent
with any provision of this [ " ~tee ] article [ ] are hereby
repealed ; however , all county charter provisions and parts of
county charter provisions that are not inconsistent with any
provision of this [ T ~�e ] article [ ] including , but not
limited to , [ "tee ] article XX of the charter , shall apply to
this [ nrre-l-eXXX , ] article ,
D . Severability of provisions . If any provision of this
[ "wee ] article [ XXX ] , or the application thereof to any person
or circumstance is held invalid , the invalidity shall not affect
other provisions or applications of the [ "we=e] article which
can be given effect without the invalid provision or application ,
and to this end the sections , subsections , and parts thereof of
[ Aftle-le ] this article are severable . "
ARTICLE XXXX
DEPARTMENT OF PARKS AND RECREATION
Section 31 . 01 . Organization . There shall be a department of parks
and recreation consisting of a parks and recreation director and
any necessary staff .
Section 31 . 02 . Director . The parks and recreation director shall
be appointed and may be removed by the mayor . The director shall
have had a minimum of five years of experience in a responsible
76 -
administrative capacity , either in public service or private
business or both , and shall be the administrative head of the
department .
Section 31 . 03 . Powers , Dutiesl!, ; [ CHS331 and Functions . Except as
otherwise provided by law , the director of parks and recreation
shall .
A . Plan , design , construct , operate , and maintain all parks
and recreational :facilities of the county . a
Be Develop and implement programs for the cultural ,
recreational , and other leisure -time activities for the people of
the county .
C . Beautify the public parks and recreational facilities of
the county . .
D . Perform such other duties as may be prescribed by the
mayor or by ordinance .
ARTICLE XXXII
COUNTY AUDITOR
Section 32 . 01 . Office [ Establlsh- �] of �cxs341 County Auditor .
A . There is established within the legislative branch an
office of the county auditor , to be headed by a county auditor who
shall be appointed by the county council and shall serve for a
period of six years , and thereafter , until a successor is
appointed . The salary commission shall fix the salary of the
county auditor . The county council , by two - thirds vote of its
membership , may remove the county auditor from office at any time
for cause .
Be The county auditor shall possess adequate professional
proficiency for the office , demonstrated by relevant
certification , sucfi as certification as a certified internal
auditor or certified public accountant , or have an advanced degree
in a relevant field with at least five years [ CHS35i: experience in
the field of government auditing , evaluation , or analysis . A
certified internal auditor or certified public accountant shall be
preferred . The county auditor - shall have a bachelor ' s degree in
accounting , business administration , or public administration or
related field . If financial statement audits are conducted , the
county auditor shall be a certified public accountant .
- 77 -
C . Except for exercising the right to vote , neither the
auditor nor any member of the office of the county auditor shall
support , advocate , or aid in the election or defeat of any
candidate for county public office .
D . The county auditor may appoint the necessary staff for
which appropriations have been made by the county council .
Subject to the provisions of this charter and applicable rules and
regulations adopted thereunder , the county auditor shall have the
same powers with respect to the personnel of the office of the
county auditor as department heads have over their personnel .
Staff shall be appointed by the county auditor in a manner
consistent with the merit principles , devoid of any bias or
prejudice .
Section 32 . 02 . Powers , Duties , and Functions .
A . Pursuant to [ Geunty GharterArtie e TTT , Seetle . 17 ]
county charter article III , section 3 . 17 , Investigation , the
county council is empowered to establish the office of county
auditor . It shall be the duty of the auditor to conduct or cause
to be conducted .
1 . The independent annual or biennial audit of all
county funds and accounts to be conducted by a certified
public accountant or firm of certified public accountants as
required by [ ° eetlen ] section 3 . 12 of the county charter ;
2 . Performance audits of the funds , programs , and
operations of any agency or operation of the county as
requested by the council by resolution , as authorized by
[ ms ] section 3 . 12 ;
3 . Performance and financial audits of the funds ,
programs , and operations of any agency or operation of the
county , as determined by the county auditor to be warranted .
Before the commencement of each fiscal year , a plan of the
audits proposed to be conducted by the county auditor during
the fiscal year shall be transmitted to the county council
for review and comment , but not approval . The plan also
shall be transmitted to the mayor and filed with the county '
clerk as public record ; and
4 . Follow- up audits and monitoring of compliance with
audit recommendations by audited entities . The county
. auditor shall conduct or cause to be conducted all audits in
accordance with government auditing standards .
B . Audit findings and recommendations shall be set forth in
written reports of the county auditor , a copy of which shall be
transmitted to the mayor and to the county council and filed with
78 -
the county clerk as public record .
C . For the purposes of carrying out any audit , the county
auditor shall have full , free , and unrestricted access to any
county officer or employee and shall be authorized to examine and
inspect any record of any agency or operation of the county , to
administer oaths and subpoena witnesses and compel the production
of records pertinent thereto . If any person subpoenaed as a
witness or compelled to produce records shall fail or refuse to
respond thereto , the proper court , upon the request of the county
auditor , shall have the power to compel obedience to any process
of the county auditor and to punish , as a contempt of the court ,
any refusal to comply therewith without good cause . The county
auditor may retain special counsel , in the manner authorized by
the county council , to represent the county auditor in
implementing these powers . False swearing by any witness shall
constitute perjury and shall be referred by the county auditor to
the prosecuting attorney for prosecution . In any audit which
concerns the alleged gross misconduct or alleged criminal conduct
on the part of any individual , such individual shall have the
right to be represented by counsel and the right to have the
county auditor compel the attendance of witnesses on behalf of the
individual .
D . The county auditor ' s performance shall be evaluated
annually by the county council . The county auditor ' s audit
activities shall be subject to quality review in accordance with
applicable government auditing standards by a professional , non-
partisan , objective group . The written report of the independent
review shall be transmitted to the county council and mayor and
filed with the county clerk as public record .
E . For the purpose of this section and section 3 . 12 : "An
a-geney er eperatien e the—ee unty" ineludes any administrative
.•�
estab1�Rentef eeunty gavernfent supperated ,, ifl. wheleant-,
J
"An agency or operation of the county" includes any
administrative agency , semi - autonomous agency , council office , and
other establishment of county government supported , in whole or in
part , by county or public funds .
" Council office " includes the county council itself , the
office of a councilmember and the councilmember ' s immediate staff ,
the office of the county clerk . This definition applies only to
those sections . It shall not be construed as excluding the office
of the county auditor and the legislative branch .
" Record" includes any account , book , paper , and document , and
79 -
any financial affair , notwithstanding whether any of the preceding
is stored on paper or electronically .
Section 32 . 03 . Audit Committee .
A . The county council may establish an audit committee , the
members of which shall individually advise the county auditor on
the following : formulation of the plan of audits proposed to be
conducted by the county auditor pursuant to [ Seetien 32 . 02 G ]
section 32 . 02C ; conduct of audits , follow up of audits ; selection
of private contractors to perform audits for the county auditor ;
evaluation of preliminary audit findings and recommendations and
county agency , officer , or employee responses to the preliminary
findings and recommendations ; and evaluation of the county
auditor ' s performance during each fiscal year . If established ,
the audit committee shall consist of five members .
1 . One member shall be the chair of the county council
committee with jurisdiction over the administrative budget
ordinances ; and
2 . The other members shall be appointed by the county
council . The county council shall appoint members who are
qualified by experience , expertise , and independence to perform
the duties of the audit committee . A member appointed by the
county council shall not hold any other office or position with .
the county while on the audit committee . The method of
appointment , terms , and specific qualifications of the appointed
members shall be established by the county council by ordinance or
rule . The county council also may establish by ordinance or rule
provisions for the removal of an - appointed member for cause . The
audit committee shall be within the office of the county auditor .
B . Members of the audit committee shall advise the county
auditor . All audit committee meetings shall be open to the public
except as provided for in [der ] chapter 92 , Hawaii Revised
Statutes .
C . The chair of the audit committee shall be appointed by the
county council in the manner provided by ordinance or rule . A
meeting of audit committee may be called by the committee chair or
county auditor .
D . Members appointed by the county council shall not be
entitled to compensation for serving on the committee . The member
from the county council shall not be entitled -to compensation for
serving on the committee that is additional to the compensation
received as a councilmember . All members , however , shall be
entitled to be reimbursed for travel and other necessary expenses
80 -
incurred by them in the performance of their official duties .
E . Section 23 . 02 [ ... ] , Boards and Commissions , shall not apply
to the members of the audit committee .
Section 32 . 04 . Transition Provision [ ] Concerning the
Transfer of Audit Functions to the Office of the County Auditor .
A . All lawful obligations and liabilities owed by or to the
office of the county clerk relating to financial and performance
audits on June 30 , 2009 , shall remain in effect on July 1 , 2009s
The obligations and liabilities shall be assumed by the office of
the county auditor . All contracts held by the office of the
county clerk relating to financial and performance audits , which
are to remain effective after June 30 , 2009 , shall be assumed by
the office of the county auditor . The contracts shall continue in
effect until fulfilled or lawfully terminated . All financial and
performance audit activities administered by the office of the
county clerk on June 30 , 2009 , shall be assumed by the office of
the county auditor on July 1 , 2009 .
B . On July 1 , 2009 , all records , data , and information held
by the office of the county clerk relating to financial and
performance audits which have not been completed as of June 30 ,
2009 , shall be transferred to office of the county auditor .
C . The legislative auditor ( program analyst V) and program
support tech positions in the office of the county clerk on June
30 , • 2009 , shall continue with the office of the county auditor on
July 1 , 2009 . These employees , if positions were already filled ,
shall continue service without any loss of vacation allowance ,
sick leave , service credits , retirement benefits , or other rights
and privileges because of the charter amendments . Nothing in this
subsection , however , shall be construed as preventing future
changes in the employees ' status pursuant to the county auditor ' s
powers with respect to personnel in the office of the county
auditor .
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Proposing A Charter Amendment to Article XXIV Relating to Signatures Required in a
Petition For Charter Amendment.
Findings and Purpose.
The Charter Review Commission finds that a petition to amend the Kaua'i County Charter
should require signatures of registered voters comprising not less than 20 percent of the
number of voters registered in the last general election.
ARTICLE XXIV
CHARTER AMENDMENT
Section 24.01 . Initiation of Amendments. Amendments to this charter may be initiated only in
the following manner:
A. By resolution of the council adopted after two readings on separate days and passed by a
( vote of five or more members of the council.
B. By petition presented to the council, signed by registered voters comprising not less than [five
percent (5% )] 20 percent of the number of voters registered in the last general election , setting
forth the proposed amendments. Such petitions shall designate and authorize not less than
three nor more than five of the signers thereto to approve any alteration or change in the form or
language or any restatement of the text of the proposed amendments which may be made by
the county attorney. (Amended 2012)
Upon filing of such petition with the council, the county clerk shall examine it to see whether it
contains a sufficient number of valid signatures of registered voters. (Amended 2012)
Section 24.02. Elections to be Called.
A. Any resolution of the council or petition of the voters proposing amendments to the charter
shall provide that the proposed amendments shall be submitted to the voters of the county at
the next general election.
B. The county clerk shall have the proposed amendments published in a newspaper of general
circulation in the county at least thirty (30) days prior to submission of the proposed
amendments to the voters of the county at the next general election .
C. Should the majority of the voters voting thereon approve the proposed amendments to this
charter, the amendments shall become effective at the time fixed in the amendment, or, if no
time is fixed therein, thirty (30) days after its adoption by the voters of the county. Any charter
amendment shall be published in a newspaper of general circulation in the county within thirty
(30) days of the effective date of such amendment.
Section 24.03.Charter Review. The mayor with the approval of the council shall appoint, with
appropriate staffing, a charter commission composed of seven members who shall serve in
accordance with Section 23.02C of this Charter to study and review the operation of the county
government under this charter for a period of ten years commencing in 2007. Thereafter, the
mayor with the approval of the council shall appoint a charter commission at ten year intervals.
In the event the commission deems changes are necessary or desirable, the commission may
6 & L Q. '0 / 4 ` 6 4D,
propose amendments to the existing charter or draft a new charter which shall be submitted to
the county clerk. The county clerk shall provide for the submission of such amendments or new
charter to the voters at any general or special election as may be determined by the
commission. The commission shall publish not less than thirty (30) days before any election at
least once in a newspaper of general circulation within the county the entire text of the
amendments or new charter. (Amended 2006)
A. Unless a new charter is submitted to the voters, each amendment to the charter shall be
voted on separately.
B. If a majority of the voters voting upon a charter amendment votes in favor of it or a new
charter, if a new charter is proposed, the amendment or new charter shall become effective at
the time fixed in the amendment or charter, or if no time is fixed, thirty (30) days after its
adoption by the voters. Any charter or amendment shall be published in its entirety not more
than thirty (30) days after its adoption..
Ballot Question:
�% y
Barbara Davis
Subject: FW: Garden Island Article
Some thoughts on citizen-initiated charter amendments:
Just rechecked the other islands re signatures required for various voter-initiated measures: Charter
amendments, initiative and referendum (citizen-generated ordinances, and repeal of ordinances), and recall
(removal of elected officers).
Type Hawaii Maui Honolulu Kauai
Charter 20% 10/20 10 5
Init/Ref 15 20 10 20
Recall 25 20 10 20
For Charter, ours is the LOWEST bar by far. But the numbers are not clearly comparable.
Big Island charter amendment is 20 percent of ballots cast in last election, initiative/referendum is 15 percent of
number who voted for mayor in last election; recall is 25 percent of registered voters in last election.
Maui charter amendment is 20 percent of registered voters, initiative/referendum are 20 percent of cast
ballots, and charter amendment is 20 percent of registered voters.
Honolulu is 10 percent of registered voters for all three.
On charter amendments, Maui calls for 10 percent to force a Council public hearing and 20 percent to get on the
ballot.
To try to normalize the numbers, if we assume voter turnouts in the 50 percent range, (Kauai 2012 primary
turnout was 39 percent and general turnout 63 percent) then the actual numbers recalculated for registered
voters look like this:
Type Hawaii Maui Honolulu Kauai
Charter 10 20 10 5
Init/Ref 7. 5 10 10 20
Recall 12.5 20 10 20
On average, by this calculation, that means the other counties place recall as the highest bar to leap ( 14. 17
percent), charter amendment next ( 13 .33 percent) , and initiative/referendum the lowest (9. 17).
That reinforces my point that we are out of step with the rest of the state, which seems to believe:
That the most difficult challenge should be to oust a public official elected by the voters.
The next challenge should be to change the basic form of county government, through the charter.
And passing or repealing an ordinance should be a lower bar.
Jan TenBruggencate
1 � ' C AN
Proposing A Charter Amendment to Article XV Relating to Establishing A
Department of Human Resources.
Findings and Purpose.
Charter Amendment.
Article XV of the Kauai County Charter is amended to read as follows:
"ARTICLE XV
DEPARTMENT OF [PERSONNEL SERVICES] HUMAN RESOURCES
Section 15.01 . Organization. There shall be a department of [personnel services] human
resources consisting of a civil service commission , a director and the necessary staff for
the purpose or establishing a system of personnel administration based upon merit
principles devoid of any bias or prejudice,. and [providing a systematic and equitable
classification of all positions through adequate job evaluation] generally accepted methods
governing classification of positions and the employment conduct movement and
separation of public officers and employees.
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. Of 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 aggrieved by any
action of the director or by any appointing authority. Appeal from the decision of the
commission shall be as provided by law.
C. Advise the mayor 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 Servicesl Human Resources. The director of
[personnel services] human resources shall have had a minimum or five years of training
and experience in personnel administration either in public service or private business, or
both, at least three years of which shall have been in a responsible administrative capacity
and shall be in sympathy with the principles of the merit system. He shall be appointed and
may be removed by the commission. The director shall be the head of the department of
[personnel services] human resources and shall be responsible for the proper conduct of
all administrative affairs of the department, and for the execution of the [personnel] human
resources management program prescribed in this charter and in the ordinances and
regulations authorized by this charter.
Section 15.05. [Civil Service and Exemptions. All positions in the county, except those
exempted by law, shall be under civil service.] Human Resources Management Program
The director of human resources shall be responsible for the execution of the human
resources management program which shall include:
A. Classification, recruitment, selection employment deployment promotion
evaluation , discipline, and separation of employees.
B . Labor relations and negotiations.
C. Administration of employment policies and trainings related to employee
benefits, conduct, development, and safety and injury prevention.
D. Workers' compensation.
E. Equal employment opportunities.
F. Workforced coordination and planning .
G . Administration of the civil service system as prescribed by statute
H . Other related duties as may be determined by the Mavor."
Note: Charter material to be repealed is bracketed. New charter material is underscored .
Proposed Ballot Question .
Shall the title of the Department of Personnel Services be changed to Department of
Human Resources and its existing scope of responsibilities broadened to include a
more comprehensive human resources function?
1
1
Amended 1 /27/14
1.
K:
Charter Amendment Proposal
Article XXVII Section 27.07
Recall
Overview
Section 27.07 of the Charter presently requires recall ballots to designate voting
targets (Le. , spaces for voters to mark their ballot) to be "to the right of the
proposition ." This requirement is inconsistent with related sections in Hawaii
Revised Statutes (HRS) and Hawaii Administrative Rules (HAR) which specify
that the placement of voting targets meet requirements of the voting system in
use.
Specifically, HRS section 11 -115(a)(2) states in part that:
§ 11 - 115 Arrangement of names on the ballot. (a) The names of
the candidates shall be placed upon the ballot for their respective offices
in alphabetical order except:
(2) For the limitations of the voting system in use; and"
Emphasis added .
Additionally, HAR section 3-17241 states:
13A 72-71 Official ballots. The design and arrangement of the
ballot shall meet the requirements of the voting system. The
maximum number of candidates or ballot questions for which the voter is
legally entitled to vote in any given case shall be clearly indicated ."
Emphasis added .
The proposed Charter amendment ensures that recall ballot design requirements
in the County Charter are aligned with State law.
Proposed Charter Amendment ( Ramsever Format)
Section 27. 07. Ballots. The ballots at such recall election shall, with respect to
each person whose -removal is sought, submit the question : "Shall (name of
person) be removed from the office of (name of office) by recall?" Immediately
following each such question , there shall be printed on the ballots the two
propositions in the order set forth: "For the recall of (name of person)." "Against
the recall of (name of person)." Immediately next to the [r+ght e€-the] proposition
there shall be designated spaces in which to mark the ballot FOR or AGAINST
the recall. A majority vote shall be sufficient to recall such officer, subject to the
provisions of Section 27.06 of this article. (Amended 1984)
Charter Amendment Proposal
Article XXVII Section 27.07
Recall
Proposed Ballot Question
"Shall Charter section 27.07 regarding recall ballots be amended to conform with
{ State law and allow the layout of a recall ballot question to meet voting system
requirements?"
M /
Y
It
rV
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1 -
ARTICLE XXVI
TRANSITIONAL PROVISIONS
Section 26 . 04 . Status of Departments and Transfer of Funds .
A , All departments , the status of which are not specifically
changed or abolished by this charter , are hereby recognized ,
continued and established and shall have such powers , duties and
functions as provided by law . Members of the various boards ,
commissions and committees holding office at the effective date of
this charter shall continue in office unless they resign or until
their terms of office shall expire .
B . The offices of the county auditor and the county treasurer
are abolished and their functions transferred to the department of
finance .
C The offices of the elected county clerk and the county
attorney are abolished .
ARTICLE =XX
COUNTY AUDITOR
Section 32 . 02 . Powers , Duties , and Functions .
E . For the purpose of this section and section 3 . 12 : "An agency or
operation of the county" includes any administrative agency , semi -
autonomous agency , council office , and other establishment of
county government supported , in whole or in part , by county or
public funds .
" Council office " includes the county council itself , the
office of a councilmember and the councilmember ' s immediate staff ,
the office of the county clerk . This definition applies only to
those sections . It shall not be construed as excluding the office
of the county auditor and the legislative branch .
" Record" includes any account , book , paper , and document , and
any financial affair , notwithstanding whether any of the preceding
is stored on paper or electronically .
ARTICLE III
COUNTY COUNCIL
Section 3 . 12 . Audit .
A . Financial Audit . At least once every two years and at any
other time as may be deemed necessary , the council shall cause an
independent audit of all county funds and accounts to be made by a
certified public accountant or firm of certified public accountants .
The scope of the audit shall be in accordance with the terms of a
written contract to be signed by the chairman which shall provide
for the completion of the audit within a reasonable time . If the
state makes such an audit , the council may accept it as satisfying
the requirements of this section . The audit shall be matter of
public record .
B . Performance Audit . To ensure and determine whether
government services are being efficiently , effectively , and
economically delivered , the council may at any time provide for a
performance audit of any or all of the offices , agencies ,
departments , programs , and operations for which the county is
responsible . The council may exercise its authority to conduct
performance audits through the hiring of a qualified in -house
auditor or through the hiring of a qualified auditor or both . The
scope of the audit shall be in accordance with the terms of an
assignment referred to the office of the county clerk by the county
council or a written contract to be approved by the council and
signed by the presiding officer of the council , but may include the
following activities .
( 1 ) Examination and testing of county offices ' , agencies '
programs ' and departments ' implementation processes to
determine whether the laws , policies and programs of the county
are being carried out in the most effective,, efficient and
economical manner .
( 2 ) Examination and testing of the internal ' control
systems of offices , agencies , programs , operations and
departments to ensure that such systems are properly designed
to safeguard public assets against loss from waste , fraud,
error, to promote efficient operations , and to encourage
adherence to prescribed management policies .
Said assignment or contract. shall encourage recommendations for
changes in the organization , management and processes which will
produce greater efficiency and effectiveness in meeting the
objectives of the programs or operations carried out by the
respective county agencies , departments, offices , programs , and
operations , and shall provide for the completion of the audit within
one calendar year . A copy of the audit report shall be filed with
the county clerk and shall be public record . ( Amended 2000 )
ARTICLE XXIV
CHARTER AMENL?MENT
Section 24 . 02 . Elections to be Called .
A . Any resolution of the council or petition of the voters
proposing amendments to the charter shall provide that the proposed
amendments shall be submitted to the voters of the county at the
next general election..
B . The county clerk shall have the proposed amendments
published in a newspaper of general circulation in the county or on
the County ' s website at least thirty ( 30 ) days prior to submission
of the proposed amendments to the voters of the county at the next
general - election .
C . Should the majority of the voters voting thereon approve
the proposed amendments to this charter , the amendments shall become
effective at the time fixed in the amendment , or , if no time is
fixed therein , thirty ( 30 ) days after its adoption by the voters of
the county . Any charter amendment shall be published in a newspaper
of general circulation in the county within thirty ( 30 ) days of the
effective date of such amendment .