HomeMy WebLinkAboutThe Charter of the County of Kaua`i (2022)THE CHARTER
OF THE
COUNTY OF KAUA‘I
2022 Codified Version)
THE CHARTER
OF THE
COUNTY OF KAUA‘I
TABLE OF CONTENTS
Page
ARTICLE I THE COUNTY AND ITS GOVERNMENT 1
ARTICLE II POWERS OF THE COUNTY 2
ARTICLE III COUNTY COUNCIL 2-7
ARTICLE IV ORDINANCES AND RESOLUTIONS 7-10
ARTICLE V COUNTY CLERK 10-11
ARTICLE VI EXECUTIVE BRANCH 11-12
ARTICLE VII MAYOR 12-15
ARTICLE VIII COUNTY ATTORNEY 15-16
ARTICLE IX (RESERVED) 16
ARTICLE IXA PROSECUTING ATTORNEY 16-17
ARTICLE X DEPARTMENT OF FINANCE 17-19
ARTICLE XI POLICE DEPARTMENT 19-21
ARTICLE XII FIRE DEPARTMENT 21-22
ARTICLE XIII DEPARTMENT OF PUBLIC WORKS 22-23
ARTICLE XIV PLANNING DEPARTMENT 23-27
ARTICLE XV DEPARTMENT OF HUMAN RESOURCES 27-28
ARTICLE XVI LIQUOR CONTROL COMMISSION 28-29
ARTICLE XVII DEPARTMENT OF WATER 29-30
ARTICLE XVIII EMERGENCY MANAGEMENT AGENCY 30-31
ARTICLE XIX FINANCIAL PROCEDURES 31-39
ARTICLE XX CODE OF ETHICS 39-42
ARTICLE XXI SPECIAL ASSESSMENT IMPROVEMENT 42
ARTICLE XXII INITIATIVE AND REFERENDUM 42-46
ARTICLE XXIII GENERAL PROVISIONS 47-52
ARTICLE XXIV CHARTER AMENDMENT 52-53
ARTICLE XXV SEVERABILITY 53
ARTICLE XXVI TRANSITIONAL PROVISIONS 54-55
ARTICLE XXVII RECALL 55-57
ARTICLE XXVIII COST CONTROL COMMISSION 57-58
ARTICLE XXIX SALARY COMMISSION 58
ARTICLE XXX (RESERVED) 58
ARTICLE XXXI DEPARTMENT OF PARKS AND RECREATION 58-59
ARTICLE XXXII COUNTY AUDITOR 59-63
APPENDIX 64-65
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ARTICLE I
THE COUNTY AND ITS GOVERNMENT
Section 1.01. Incorporation. The people of the County of Kaua‘i are and shall
continue to be a body politic and corporate in perpetuity under the name of “County of
Kaua‘i”, referred to hereinafter as the “county”.
Section 1.02. Geographical Limits. The islands of Kaua‘i and 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 Kaua‘i with its county seat at Lhu‘e.
Section 1.03. County Elections.
A. Nonpartisan elections. County elections shall be conducted in accordance with
the state election laws insofar as applicable, but all elective county officers shall be
elected by nonpartisan elections. (Amended 2012)
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. (Amended 2012)
2. At the general election, the candidates receiving the highest number of
votes for mayor and prosecuting attorney shall be elected. (Amended 2012)
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. (Amended 2012)
C. Office of at-large 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. (Amended 2012)
2. At the general election, the candidates receiving the highest number of
votes for each vacant at-large council office shall be elected. (Amended 2012)
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. (Amended 2012)
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. (Amended 2012)
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ARTICLE II
POWERS OF THE COUNTY
Section 2.01. Powers. To promote the general welfare and the safety, health, peace,
good order, comfort, and morals of its inhabitants, the county shall have and may
exercise all powers necessary for local self-government, and any additional powers and
authority, which may hereafter be granted to it, except as restricted by laws of this
state. The enumeration of 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.
Section 3.03. Terms. The terms of office of councilmembers shall be for two years
beginning at twelve o’clock meridian on the first working day of December following
their election. No person shall be elected to the office of councilmember for more than
four consecutive two year terms. (Amended 1980, 1984, 2006)
Section 3.04. Qualifications.
A. To be eligible for the council, a person must be a citizen of the United States
and must have been a duly qualified elector of the county for at least two years
immediately preceding such person’s election or appointment.
B. Any councilmember who removes said councilmember’s residence from the
county or is convicted of a felony shall immediately forfeit 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 Hawai‘i.
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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 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
councilmember dies before taking office; provided, however, that the vacancy shall be
filled by the newly elected council within thirty days after the beginning of the new
term.
Section 3.06 Compensation. The salary of each councilmember shall be established
in accordance with the provisions of article XXIX of this charter. (Amended 1988, 2006)
Section 3.07. Organization of Council; Officers; Rules; Employees.
A. The council shall meet in the council room at the county building or in the
Kaua‘i 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 chair and presiding officer of the council. Until such time as the chair is elected, the
mayor shall preside at the council meetings, provided that the mayor shall not have a
vote. The council shall also elect one of its members as vice-chair who shall act as the
presiding officer in the event of the chair’s absence. The council shall appoint a
presiding officer pro tempore from its members in the event of the absence of both the
chair and 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. (Amended 1984)
B. The council shall adopt such rules as it may deem necessary for the
organization of committees and the transaction of its business.
C. The council shall keep a journal of its proceedings.
D. The council may, upon an affirmative vote of at least two-thirds of its entire
membership, suspend without pay for not more than one month any member for
disorderly or contemptuous behavior in its presence. The presiding officer or the council
by a majority vote may expel any other person who is guilty of disorderly, contemptuous,
or improper conduct at any meeting.
E. The council shall meet regularly at least twice in every month at such times
as the council may prescribe by rule. Special meetings may be held on the call of the
mayor, chair, or by five or more members. All council and council committee meetings
shall be open to the public except as provided for in chapter 92, Hawai‘i Revised
Statutes. (Amended 2008)
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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 chair of the council shall be the administrative
officer of the staff employees. (Amended 2008)
Section 3.08. Mayor May Appear Before Council. The mayor may propose in
writing any motion, resolution, or ordinance, or amendments thereto, but shall have no
right to vote thereon.
Section 3.09. Eminent Domain. The council shall by resolution determine and
declare the necessity of taking property for public purposes, describing the property and
stating the uses to which it shall be devoted.
Section 3.10. Annual Budget and Capital Program. The council shall enact an
annual budget ordinance, which shall include both the operational and capital
expenditures for the fiscal year and the method of financing same. The council shall
provide sufficient revenues to assure a balanced budget.
Section 3.11. Adoption of Pay Plan. The council by ordinance shall appropriate the
salaries of all officers and employees who are exempt from civil service in accordance
with the provisions of section 7.05E and article XXIX of this charter. All other officers
and employees shall be classified and paid in accordance with law. (Amended 1984,
1988, 2006)
Section 3.12. Audit.
A. Financial audit. At least once every two years and at any other time as may
be deemed necessary, the council shall cause an independent audit of all county funds
and accounts to be made by a certified public accountant or firm of certified public
accountants. The scope of the audit shall be in accordance with the terms of a written
contract to be signed by the chair 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 a 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, 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
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activities:
1) Examination and testing of county offices’, agencies’, programs’, and
departments’ implementation processes to determine whether the laws, policies,
and programs of the county are being carried out in the most effective, efficient,
and economical manner.
2) Examination and testing of the internal control systems of offices,
agencies, programs, operations, and departments to ensure that such systems
are properly designed to safeguard public assets against loss from waste, fraud,
error, to promote efficient operations, and to encourage adherence to prescribed
management policies.
Said assignment or contract shall encourage recommendations for changes in the
organization, management, and processes which will produce greater efficiency and
effectiveness in meeting the objectives of the programs or operations carried out by the
respective county agencies, departments, offices, programs, and operations and shall
provide for the completion of the audit within one calendar year. A copy of the audit
report shall be filed with the county clerk and shall be public record. (Amended 2000)
Section 3.13. Creation of 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 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 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.
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Section 3.16. Temporary Borrowing.
A. The council may borrow money in any fiscal year in anticipation of revenues
to be derived from taxes for that year, and for any of the purposes to which the revenues
are appropriated. No such borrowing shall be in excess of 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.
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 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 the individual’s behalf.
Section 3.18. Restrictions on County Council and Councilmembers. The council
and its members shall not interfere with the administrative processes delegated to the
mayor.
Except for the purpose of investigative inquiries under section 3.17, the council or its
members, in dealing with county employees, or with county officers who are subjected
to the direction and supervision of the mayor, shall deal solely through the mayor, and
neither the council nor its members shall give orders to any such employee or officer
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either publicly or privately. Any willful violation of the provisions of this section by a
member of the council shall be sufficient grounds for an action for the member’s removal
from office.
ARTICLE IV
ORDINANCES AND RESOLUTIONS
Section 4.01. Actions of the Council. Every legislative act of the council shall be by
ordinance except as otherwise provided. Non-legislative acts of the council may be by
resolution. Transfer of funds within the same department, whether in the operating
budget or capital budget, may be effected by resolution. The enacting clause of every
ordinance shall be “Be it ordained by the council of the County of Kaua‘i:” and the
enacting clause of every resolution shall be “Be it resolved by the council of the County
of Kaua‘i:”.
Section 4.02. Introduction, Consideration, and Passage of Ordinances and
Resolutions.
A. Every proposed ordinance shall be initiated as a bill and shall be passed only
after two readings on separate days. The vote on final passage shall be taken by ayes
and noes and entered in the journal. Full readings of 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.
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 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
councilmembers present, in which case the reading may be by title only.
F. Bills embracing (1) the fixing of special assessments for the cost of
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
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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 days before
adoption. Such resolutions shall be advertised once in a newspaper of general
circulation in the county at least fourteen 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 days prior to the adoption thereof. Upon adoption, every
such resolution shall be presented to the mayor, and 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 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 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 day
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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 approval.
If the mayor approves it, the mayor shall sign it and it shall then become an ordinance.
If the mayor disapproves it, the mayor shall specify the mayor’s objections thereto in
writing and return the bill to the county clerk with the mayor’s objections within ten
days, excluding Saturdays, Sundays, and holidays after receiving it. If the mayor does
not return it with the mayor’s disapproval within that time, it shall take effect as if 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 days after the bill has been so
returned, reconsider the vote upon the bill. If the bill, upon reconsideration, is again
passed by the affirmative vote of five members of the council, the presiding officer shall
verify that fact on the bill and when so certified, the bill shall then become an ordinance
with like effect as if it 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, 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 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, 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
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shall be filed for use and examination by the public in the office of the county clerk not
less than fifteen days prior to the final reading thereof, and notice of the availability of
said copies shall be published by the clerk.
Section 4.05. Codification of Ordinances.
A. Within two years of the effective date of this charter, the council shall cause
a code to be prepared and published, containing all of the ordinances of the county which
are appropriate for continuation as law. Such a code shall be prepared and published
at intervals of every ten years thereafter. The code may be prepared by the county
attorney, or the council may contract for its preparation by professional persons or
organizations experienced in the revision and codification of ordinances or statutes.
B. The code may be adopted by reference by the passage of an ordinance for that
purpose. Copies of the code shall be made available to the public at a reasonable price
prior to and after its adoption.
C. All proposed ordinances of general application introduced after the approval
of the code shall be adopted as amendments of or additions to the code and by reference
thereto.
ARTICLE V
COUNTY CLERK
Section 5.01. Powers, Duties, and Functions.
A. The council shall appoint and may remove the county clerk. The salary of the
county clerk shall be set pursuant to article XXIX of this charter. (Amended 2006)
B. The county clerk shall:
1) Be the clerk of the council.
2) Take charge of, safely keep, and dispose of all books, papers, and
records which may properly be filed in 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 the county clerk’s office.
4) Conduct all elections held within the county pursuant to this charter,
the laws of the State of Hawai‘i or the United States of America.
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5) Perform other functions as required by this charter or by law or as
assigned by the council.
C. The county clerk may appoint the necessary staff for which appropriations
have been made by the council with the same powers with respect to the personnel of
the county clerk’s office as the department heads in the executive branch.
Amended 2006)
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 managing director 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 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.
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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 the election of the mayor. No person shall
serve as mayor for more than two consecutive full terms.
The four year term for mayor shall apply commencing with the 1990 General
Election. (Amended 1980, 1984, 1988)
Section 7.02. Qualifications. Any citizen of the United States not less than thirty
years of age who has been a duly qualified resident elector of the county for at least
three years immediately prior to the citizen’s election shall be eligible for election to the
office of mayor. Upon removal of the mayor’s residence from the county, the mayor shall
by that fact be deemed to have vacated the office. (Amended 1980)
Section 7.03. Compensation. The salary of the mayor shall be established in
accordance with the provisions of article XXIX of this charter. (Amended 2012)
Section 7.04. Contingency Fund. The council shall provide in the annual budget a
contingency fund of not less than $2,500 to be expended by the mayor for such public
purposes as the mayor may deem proper.
Section 7.05. Powers, Duties, and Functions. The mayor shall be the chief
executive officer of the county 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 the mayor’s staff and other employees and
officers whose appointments are not provided herein.
C. Create positions authorized by the council and for which appropriations have
been made, or abolish positions, but a monthly report of such actions shall be made to
the council.
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D. Make temporary transfers of positions between departments, or between
subdivisions of departments.
E. Recommend to the council for its approval a pay plan for all officers and
employees who are exempt from civil service and the position classification plan, and
who are not included in section 3-2.1 of the Kaua‘i County Code 1987, as amended.
Amended 2006)
F. Submit operating and capital budgets, together with a capital program
annually to the council for its consideration and adoption.
G. Sign instruments requiring execution by the county, including deeds and
other conveyances, except those which the director of finance or other officer is
authorized by this charter, ordinance, or resolution to sign.
H. Present messages or information to the council which in the mayor’s opinion
are necessary or expedient.
I. In addition to the annual report, make periodic reports informing the public
as to county policies, programs, and operations.
J. Approve or veto ordinances and resolutions pertaining to eminent domain
proceedings.
K. Have a voice but no vote in the proceedings of all boards and commissions.
L. Enforce the provisions of this charter, the ordinances of the county, and all
applicable laws.
M. Exercise such other powers and perform such other duties as may be
prescribed by this charter or by ordinance. (Amended 2006)
Section 7.06. Boards and Commissions Administrator.
A. There shall be a boards and commissions administrator and any necessary
staff. The administrator shall have such training, education, or experience as shall
qualify the administrator to perform the duties described in this section. The
administrator shall be appointed and may be removed by the mayor.
B. The administrator shall assist in providing administrative and operational
support to the various county boards and commissions. Such support shall include, but
not be limited to: assisting in the recruitment, orientation, education, and training of
board or commission members regarding their powers, duties, functions, and
responsibilities under the charter, especially as such powers, duties, functions, and
responsibilities may relate to the particular board or commission to which they have
been appointed; helping to educate such members about applicable state and county
ethics laws and the State Sunshine Law; assisting the office of the mayor to fill any
vacancies on any board or commission; being a resource to assist the various county
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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.
C. The mayor and council shall provide an annual appropriation sufficient to
provide the administrator with adequate personnel and administrative, operational,
and clerical support to carry out the administrator’s functions. (Amended 2006)
Section 7.07. Vacancy in Office.
A. In the event of a vacancy in the office of the mayor, the council shall select, by
majority vote, one of its members as mayor to serve until the next general election and
assumption of office in December by the person elected mayor. The vacancy in the
council shall be filled as provided for in article III, section 3.05 of the charter. In the
event the vacancy occurs prior to the mid-term election, the person elected mayor in the
general election shall serve only for the unexpired term of the mayor elected in the prior
election. In the event the vacancy occurs later than three days prior to the closing date
for filing of nomination papers for the mid-term election, the mayor selected by the
council shall continue to serve for the remainder of the term of the person he succeeded.
The foregoing provisions shall also apply in the event the person elected as mayor dies
before taking office. (Amended 1980)
B. During the temporary absence from the county or temporary disability of the
mayor, or in case of a vacancy in the office of the mayor, until a new mayor is appointed
or elected, the managing director shall act as mayor. In the event both the mayor and
the managing director are temporarily absent or disabled, the finance director shall act
as mayor during said period. (Amended 2010)
C. In the event the person elected as mayor dies before taking office, the person
serving as managing director at the termination of the prior term shall continue to serve
as acting mayor until a new mayor is elected. (Amended 2006, 2010)
Section 7.08. Managing Director.
The mayor shall appoint and may remove a managing director. The managing
director shall be a citizen of the United States not less than thirty years of age and a
resident elector of the county at least three years immediately prior to the
appointment. The managing director shall have at least five years 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 mayor, the managing director shall:
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1) Serve as the mayor’s principal administrative aide.
2) Oversee the administrative functioning of all administrative
departments.
3) Prescribe standards of administrative practice to be followed and
evaluate the management and performance of all administrative departments
under the director’s oversight.
4) Attend meetings of the council and its committees upon request and
provide information and reports as they may require.
5) Perform all other duties as required by the charter or assigned by the
mayor.
B. The salary for the managing director shall be set pursuant to article XXIX
of this charter. (Amended 2010)
ARTICLE VIII
COUNTY ATTORNEY
Section 8.01. Organization. There shall be an office of the county attorney which shall
be headed by the county attorney.
Section 8.02. Appointment and Removal. The county attorney shall be appointed
and may be removed by the mayor, with the approval of the council.
Section 8.03. Qualifications. The county attorney shall be an attorney licensed to
practice and in good standing before the Supreme Court of the State of Hawai‘i and
shall have engaged in the practice of law in the state for at least three years.
Section 8.04. Powers, Duties, and Functions. The county attorney shall be the chief
legal adviser and legal representative of all agencies, including the council, and of all
officers and employees in matters relating to their official powers and duties, and the
county attorney shall represent the county in all legal proceedings. The county attorney
shall perform all other services incident to 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.
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Section 8.06. Special Counsel. The council may, by vote of five members, authorize
the employment of special counsel for any special matter necessitating such
employment. Any such authorization shall specify the compensation, if any, to be paid
for said services.
Section 8.07. Service of Legal Process. Legal process against the county shall be
served upon the county attorney or any deputy county attorney.
ARTICLE IX
RESERVED)
This Article is intentionally left blank.) (Amended 2018)
ARTICLE IXA
PROSECUTING ATTORNEY
Section 9A.01. Election and Term of Office. The electors of the county shall elect a
prosecuting attorney, whose term of office shall be four years beginning at twelve o’clock
meridian on the first working day of December following 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 for at least three
years. The prosecuting attorney shall also have been a duly qualified elector of the
county for at least one year immediately preceding the election of the prosecuting
attorney. (Amended 1972)
Section 9A.03. Powers, Duties, and Functions. The prosecuting attorney shall:
A. Attend all courts in the county and conduct on behalf of the people all
prosecutions therein for offenses against the laws of the state and the ordinances and
regulations of the county.
B. Prosecute offenses against the laws of the state under the authority of the
attorney general of the state.
C. Appear in every criminal case where there is a change of venue from the courts
in the county, and prosecute the same in any jurisdiction to which the same is changed
or removed. The expense of such proceeding shall be paid by the county.
D. Institute proceedings, or direct the chief of police to do so, before the district
judge for the arrest of persons charged with or reasonably suspected of public offenses,
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when 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, by a deputy, or by such other prosecuting officer as 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 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 vacancy occurs more than three days prior to the closing date for filing
of nomination papers for the mid-term election, the position will be filled with a special
primary election and special general election held in conjunction with the mid-term
election. The first deputy prosecutor shall serve until the winner of that election is
seated as prosecutor. If the position of first deputy is vacant or if the first deputy is
unable to serve, the mayor with the approval of the county council shall within 30 days
of the vacancy or as soon thereafter as possible, appoint a qualified prosecuting attorney
to serve until a new elected prosecutor is seated. (Amended 2020, 2022)
B. If the vacancy occurs later than three days prior to the closing date for filing
of nomination papers for the mid-term election, the first deputy prosecutor shall serve
for the remainder of the term. If the first deputy position is vacant or if the first deputy
is unable to serve, then the mayor, with the approval of the county council, shall, within
30 days of the vacancy or as soon thereafter as possible, appoint a qualified prosecuting
attorney to serve until a new elected prosecutor is seated. (Amended 1972, 2022)
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 of 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
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years of which shall have been in a responsible administrative capacity.
Section 10.04. Powers, Duties, and Functions. The director of finance shall be the
chief accounting, fiscal, and budget officer of the county and shall:
A. Prepare the annual budget ordinance under the direction of the mayor.
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.
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
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responsible, and receive all moneys receivable by the county from any source.
N. Maintain an inventory of all lands, structures, transmission and distribution
systems, streets and roadways and other permanent improvements owned, leased,
rented, or controlled by the county.
O. Maintain an inventory of all equipment owned or controlled by the county.
P. Review assessment rolls for assessable public improvements prior to approval
by the council and issue bills therefor after such approval has been given.
Q. Have custody of all official bonds, except the bond of the director of finance,
which shall be in the custody of the county clerk.
R. Provide a continuous internal audit and program of efficiency studies of all
county activities and county departments and provide an annual report of such studies
to the council. (Amended 2000)
S. Prepare and process applications for state, federal, or other funds on behalf
of the county.
T. Operate and manage the real property tax functions as established by
ordinance. (Amended 1980)
U. Perform such other duties and functions prescribed by law or assigned by the
mayor. (Amended 2000)
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 DEPARTMENT
Section 11.01. Organization. There shall be a police department consisting of a police
commission, a chief of police, and the necessary staff. (Amended 1984)
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Section 11.02. Police Commission. The police commission shall consist of seven
members appointed by the mayor with the approval of the council. The commission shall
hold regular public meetings at a designated time and place. (Amended 1984, 2006)
Section 11.03. General Powers of the Commission. The police commission shall:
A. Adopt such rules as it may consider necessary for the conduct of its business
and the regulations of matters relating to the goals and aims of the department.
B. Review the annual budget prepared by the chief of police, and may make
recommendations thereon to the mayor.
C. Receive, consider, and investigate charges brought by the public against the
conduct of the department or any of its members and submit a written report of its
findings to the chief of police within ninety days.
D. Refer all matters relating to administration of the department to the chief of
police.
E. Adopt such rules to regulate political activities of the members of the police
department. (Amended 1984)
Section 11.04. Chief of Police. The chief of police shall be appointed by the police
commission. The chief of police may be removed by the police commission only after
being given a written statement of the charges against the chief and a hearing before
the commission. The chief of police shall have had a minimum of fifteen years of training
and experience in law enforcement, of which at least ten years have been as a peace
officer in a full-service, public sector, law enforcement agency, and at least three of those
ten years have been in performing management-level duties at the rank of lieutenant
or higher. The chief of police shall have a bachelor’s degree in administration of justice,
business administration, public administration, or a similar administrative field. 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, 2020)
Section 11.05. Powers, Duties, and Functions. The chief of police shall be the
administrative head of the police department and shall:
A. Be responsible for the preservation of the public peace, prevention of crime,
detection and arrest of offenders against the law, preservation of life, protection of the
rights of persons and property, and enforcement and prevention or violations of law.
B. Train, equip, maintain, and supervise the force of police officers.
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C. Be responsible for traffic safety and traffic safety education.
D. Serve process both in civil and criminal proceedings.
E. Perform such other duties as may be required by law or as may be assigned
by the commission.
F. Promulgate rules and regulations necessary for the organization and internal
administration of the department. (Amended 1984)
Section 11.06. Discipline and Removal. The dismissal, suspension, or demotion of
any police officer or employee in the police department shall be under procedures set
forth by civil service laws and regulations. (Amended 1984)
Section 11.07. Appeals. Appeals from personnel actions shall be in accordance with
the applicable collective bargaining agreement executed pursuant to the provisions
presently contained in chapters 76 and 89 of the Hawai‘i Revised Statues.
Amended 1984)
ARTICLE XII
FIRE DEPARTMENT
Section 12.01. Organization. There shall be a fire department consisting of a chief, a
fire commission, and the necessary staff. (Amended 2006)
Section 12.02. Fire Chief. The fire chief shall be appointed and may be removed by
the fire commission. The fire chief shall have had a minimum of five years of training
and experience in fire prevention and operations in private industry or government
service, at least three years of which shall have been in a responsible administrative
capacity. (Amended 1980, 2006, 2016)
Section 12.03. Powers, Duties, and Functions. The fire chief shall be the
administrative head of the fire department and shall:
A. Appoint, train, equip, supervise, and discipline the personnel of the fire
department in accordance with department rules and civil service regulations.
B. Provide for a safer community through effective leadership and programs in
fire prevention, fire operations, hazardous materials, emergency medical services, ocean
safety, rescue operations, and all hazards. (Amended 2016)
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. (Amended
2016)
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Section 12.04. Fire Commission. There shall be a fire commission consisting of seven
members. Commission members shall be appointed by the mayor and approved by the
council, and be otherwise governed by the provisions of section 23.02 of the charter.
Amended 2006)
Section 12.05. Powers, Duties, and Functions of the Fire Commission. The fire
commission shall:
A. Adopt rules necessary for the conduct of its business and review rules for the
administration of the department.
B. Review the annual budget prepared by the fire chief and make
recommendations thereon to the mayor and the council.
C. Review the department’s operations, as deemed necessary, for the purpose of
recommending improvements to the fire chief.
D. Evaluate at least annually the performance of the fire chief and submit a
report to the mayor and the council.
E. Hear complaints of citizens concerning the department or its personnel and,
if the commission deems necessary, make recommendations to the fire chief on
appropriate corrective actions.
F. Submit an annual report to the mayor and the council regarding its activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs
of the department. (Amended 2006)
ARTICLE XIII
DEPARTMENT OF PUBLIC WORKS
Section 13.01. Organization. There shall be a department of public works consisting
of a county engineer and the necessary staff.
Section 13.02. County Engineer. The county engineer shall be appointed and may
be removed by the mayor. The county engineer may but is not required to be a registered
engineer, and shall have had a minimum of five years of training and experience in an
engineering related position, at least three years of which shall have been in a
responsible administrative capacity. (Amended 1980, 2020)
Section 13.03. Powers, Duties, and Functions. The county engineer shall be
responsible for the administration of the department of public works and shall:
A. Perform all engineering, designing, planning, and construction of all public
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facilities and improvements undertaken by the county.
B. Maintain, repair, and upkeep all county facilities and improvements.
C. Collect and dispose of garbage and refuse.
D. Examine and enforce the construction requirements and standards of all
public and private construction and improvements in accordance with the building code,
subdivision code, or such other regulations as may be in effect in the county.
E. Design, install, inspect, maintain, and repair all traffic signs, traffic control
facilities and devices, and street lighting systems.
F. Perform such other duties as may be assigned by the mayor or prescribed by
law.
ARTICLE XIV
PLANNING DEPARTMENT
Section 14.01. Organization. There shall be a planning department consisting of a
planning commission, a zoning board of appeals, a planning director, and the necessary
staff. (Amended 2016)
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)
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
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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 applications for variance from zoning and subdivision
ordinances with respect to a specific parcel of land, and may grant such a variance
pursuant to provisions established by the council by ordinance. (Amended 2016)
E. Adopt regulations having the force and effect of law pertaining to the
responsibilities of the department.
F. Prepare a capital improvement program with the advice of the mayor,
complementing and reflecting the state and federal programs for the county.
G. Have the discretion to refer hearings to the zoning board of appeals. Once the
planning commission refers a matter to the zoning board of appeals, the zoning board
of appeals shall make all Findings of Fact, Conclusions of Law and Decisions and Orders
without further review or approval by the planning commission. (Amended 2016)
H. 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. The planning director shall have a college degree in
planning, engineering, or architecture, or the planning director 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. The planning director shall be the administrative head of the
department.
Section 14.05. Powers, Duties, and Functions of the Director. The planning
director shall:
A. Prepare a general plan and development plans for the improvement and
development of the county.
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B. Be charged with the administration of the zoning and subdivision ordinance
and the regulations adopted thereunder.
C. Prepare zoning and subdivision ordinances, zoning maps and regulations,
and any amendments or modifications thereto for the council.
D. Consolidate the lists of proposed capital improvements contemplated by the
several departments in the order of their priority for the county.
E. Advise the mayor, council, and planning commission on matters concerning
the planning programs of the county.
Section 14.06. General Plan. The council shall adopt and may, from time to time,
modify a general plan setting forth in graphic and textual form policies to govern the
future physical development of the county. Such plan may cover the entire county and
all of its functions and services or may consist of a combination of plans covering specific
functions and services or specific geographic areas which together cover the entire
county and all its functions and services. The general plan shall serve as a guide to all
future council action concerning land use and development regulations, urban renewal
programs, and expenditures for capital improvements.
Section 14.07. Development Plan. “Development plan” means a relatively detailed
scheme for the replacement or use of specific facilities within the framework of and
implements the general plan.
Section 14.08. Adoption of the General Plan and Development Plans. The
council shall adopt the general plan or any development plan by ordinance. The general
plan and all development plans shall be kept on file in the office of the planning
department. The current general plan and all development plans and all amendments
thereto adopted by resolution prior to January 2, 1977, are hereby ratified without
further action of the council. (Amended 1976)
Section 14.09. Subdivision or Consolidation of Land.
A. Subdivision ordinance. The council shall enact an ordinance governing the
subdivision or consolidation of land pursuant to which subdivision regulations shall be
promulgated.
B. Approval of subdivisions. After the enactment of the ordinance governing
subdivisions or consolidations of land, no land may be subdivided unless the proposed
subdivision plans are in conformity with the subdivision ordinance and regulations and
have been approved by the planning commission.
C. Regulations of the board of water supply. The regulations of the board of
water supply shall govern the extent to which water mains and all necessary
appurtenances shall be installed to and within subdivisions.
Section 14.10. Zoning Ordinance. The council shall enact zoning ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
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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. Zoning Board of Appeals. The board shall consist of seven members
appointed by the mayor with the approval of the council. Board membership shall be
representative of the community, and at least one member should have knowledge and
awareness of environmental concerns by way of the person’s education, training,
occupation, or experience; at least one member should have knowledge and awareness
of business concerns by way of the person’s education, training, occupation, or
experience; and at least one member should have knowledge and awareness of labor
concerns by way of the person’s education, training, occupation, or experience.
Amended 2016)
Section 14.13. Duties and Functions of the Zoning Board of Appeals. In
accordance with such principles, conditions, and procedures prescribed by ordinance or
administrative rule, the zoning board of appeals shall:
A. Conduct hearings in accordance with chapter 91, Hawai‘i Revised Statutes
regarding the violation of the zoning and subdivision ordinance and the
regulations adopted thereunder;
B. Hear and determine appeals alleging error from any person aggrieved by a
decision or order of the director regarding the application, interpretation, or
enforcement of zoning and subdivision ordinances as prescribed by ordinance;
C. Conduct hearings for land-use-related appeals which the board may be
required to pass on pursuant to the charter or ordinance; and
D. Adopt rules of procedure for the conduct of the board’s business.
The zoning board of appeals shall be part of the department for administrative purposes
and the county shall provide necessary training, administrative, and legal assistance to
the board. (Amended 2016)
Section 14.14. Appeals. Appeals from any decision of the planning commission or the
zoning board of appeals shall be instituted in the circuit court within thirty days after
service of a certified copy of the decision of the commission or the board. All commission
and board proceedings and appeals shall be in conformity with the Hawai‘i
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Administrative Procedure Act. (Amended 2016)
ARTICLE XV
DEPARTMENT OF HUMAN RESOURCES
Section 15.01. Organization. There shall be a department of human resources
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 generally accepted methods governing
classification of positions and the employment, conduct, movement, and separation of
public officers and employees. (Amended 2014)
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 human resources on problems concerning
personnel and classification administration.
D. Execute such powers and duties as may be provided by law.
Section 15.04. Director of Human Resources. The director of human resources
shall have had a minimum of 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. The director shall be appointed and
may be removed by the commission. The director shall be the head of the department
of human resources and shall be responsible for the proper conduct of all administrative
affairs of the department, and for the execution of the human resources management
program prescribed in this charter and in the ordinances and regulations authorized by
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this charter. (Amended 2014)
Section 15.05. 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. Workforce coordination and planning.
G. Administration of the civil service system as prescribed by statute.
H. Other related duties as may be determined by the mayor. (Amended 2014)
ARTICLE XVI
LIQUOR CONTROL COMMISSION
Section 16.01. Organization. There shall be a department of liquor control consisting
of the liquor control commission, a director, and the necessary staff. (Amended 1980)
Section 16.02. Liquor Control Commission. The liquor control commission shall
consist of seven members. (Amended 2006)
Section 16.03. Disqualifications of Liquor Control Commissioners. No person
shall be a member of the liquor control commission who is or becomes engaged, or is
directly or indirectly interested in any business for the manufacture or sale of liquor
who advocates or is or becomes a member of, or is identified or connected with, any
organization or association which advocates prohibition; who is an elected officer of the
state or county government or who presents oneself as a candidate for election to any
public office during the term of 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:
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A. Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to enforce the liquor control laws.
B. Grant, refuse, suspend, and revoke any licenses for the manufacture,
importation, and sale of liquors.
C. Investigate violations of liquor control laws through its inspectors, hear and
determine all complaints and citations regarding violations of liquor control laws, and
impose such fines or penalties as may be provided by law upon conviction thereof.
Appeal from the decision of the commission may be made as provided for in the 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. The director shall be the head of the department and shall be
responsible for the management, supervision, and control of all subordinate members
of the department’s staff. (Amended 1980)
ARTICLE XVII
DEPARTMENT OF WATER
Section 17.01. Organization. There shall be a department of water supply consisting
of a board of water supply, manager and chief engineer, and the necessary staff.
Section 17.02. Board of Water Supply Organization. The board of water supply
shall consist of seven members, four of whom shall be appointed by the mayor with the
approval of the council. The state 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
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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 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 Hawai‘i 1955, and as may be hereafter
provided for by law.
D. The board may make and, from time to time, alter, amend, and repeal rules
and regulations relating to the management, control, operation, preservation, and
protection of the waterworks. Such rules and regulations shall have the force and effect
of law. Penalties for the violation of any rule or regulation shall be set forth in the rules
and regulations.
Section 17.04. Staff. The manager and chief engineer shall be appointed and may be
removed by the board of water. Said person shall be the head of the department. The
manager and chief engineer may but is not required to be an engineer duly registered
under Hawai‘i state laws pertaining to registration of engineers, and shall have had a
minimum of five years of training and experience in an engineering related position, at
least three years of which shall have been in a responsible administrative capacity. Said
person shall have the powers and duties prescribed by the board. (Amended 1980, 2020)
ARTICLE XVIII
EMERGENCY MANAGEMENT AGENCY
Section 18.01. Emergency Management Agency. There shall be an emergency
management agency whose powers, duties, functions, and organization shall be as
provided by law. (Amended 2016)
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. (Amended 1984, 2016)
Section 18.03. Emergency Management Contingency Fund. The council shall
provide in the annual budget an emergency management 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, 2016)
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Section 18.04. Organization. The county, under the mayor’s direction, shall provide
a county-level administrator or director of the county emergency management agency,
and technical, administrative, and other personnel; office space; furniture; equipment;
supplies; and funds necessary to carry out the purposes of this chapter. The
administrator or director of the county emergency management agency shall be subject
to chapter 76 of the Hawai‘i Revised Statutes. (Amended 2016)
ARTICLE XIX
FINANCIAL PROCEDURES
Section 19.01. Fiscal Year. The fiscal year shall begin on July 1 and end on June 30
of the succeeding year. (Amended 1992)
Section 19.02. The Proposed Annual Budget Ordinance.
A. The proposed annual budget ordinance, consisting of the operating and
capital budgets for the ensuing fiscal year, shall be prepared by the director of finance
and submitted by the mayor to the council, together with a budget message and any
proposed revenue measure, on or before March 15 of each year. If 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 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. (Amended 1992)
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. (Amended 1992)
Section 19.05.
A. The capital budget shall reflect and fund the capital program to be
undertaken during the ensuing fiscal year from current revenues; provided, however,
that any project or projects to be financed by bond fund proceeds to be undertaken
during the fiscal year shall be included and reflected as part of the capital program.
B. Amendments to the capital budget shall constitute and be effective to amend
the capital program. (Amended 1992)
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Section 19.06. Budget Message. The mayor’s budget message shall explain the
budget in fiscal terms and in terms of work to be done. It shall outline the proposed
financial policies of the county for the ensuing fiscal year and describe the most
important features of the budget plan. It shall indicate any major changes in financial
policies and in expenditures, appropriations, and revenues as compared with the fiscal
year currently ending and shall set forth the reasons for the changes. (Amended 1992)
Section 19.07. Consideration and Adoption by Council.
A. Upon receipt of the proposed annual budget, the council shall immediately
publish a notice in a newspaper of general circulation in the county, setting forth (1) a
summary of the estimated revenues, including any new sources of revenues and
expenditures; (2) that copies of the budget are available at the office of the county clerk;
3) the date, time, and place at which the council will commence its public hearings upon
the proposed budget, which shall not be less than ten days after the date of the
publication of such notice.
Upon receipt of the mayor’s communication which suggests modifications to the
proposed annual budget ordinance, the council shall hold a public hearing on the
mayor’s communication suggesting modifications to the proposed annual budget
ordinance. The public hearing shall comply with the provisions of chapter 92, 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 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 section 19.07A for the enactment of the operating budget
ordinance, but no amendment shall increase the aggregate of authorized expenditures
to any amount greater than the estimate of revenues for the fiscal year. (Amended 1992)
Section 19.08. Administration and Enforcement of the Annual Budget
Ordinance.
A. The enactment of the annual budget ordinance shall constitute an
appropriation of the sums specified therein for the purposes and from the funds
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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. (Amended 2002)
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 section 19.07B, upon the recommendations of
the mayor. (Amended 1992)
G. The council may approve or appropriate moneys to be expended as grants;
provided that the council shall neither expend nor administer any grant moneys.
Amended 1996)
Section 19.09. Capital Program and Capital Budget.
A. The capital program shall include:
1) Permanent public improvements, including planning, engineering,
and administrative costs, but not the repair or maintenance thereof.
2) The acquisition of land or any interest therein for any permanent
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public improvements.
3) The furnishings, fixtures, and appurtenances of any permanent
improvement when first constructed or acquired.
B. The planning commission shall prepare the capital program for each of the
ensuing five fiscal years, predicated upon the requests of the several agencies and based
upon the finance director’s statement of moneys likely to be available and the amount
of bonds which the mayor believes would be proper for the county to issue.
C. The capital program shall be appended to the capital budget, and shall be
submitted to the council for its approval. The council may adopt the capital program
pursuant to section 19.07A with or without amendments.
D. Bond fund proceeds shall be appropriated and expended in accordance with
law. (Amended 1992)
Section 19.10. Appropriations and Changes.
A. If, during any fiscal year, the mayor 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
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 section 18.02. Such appropriations shall be made
by ordinance adopted pursuant to section 4.02K except that such ordinance shall be
approved by a majority of all 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.
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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, the mayor
shall report to the county council without delay indicating the estimated amount of the
deficit, any remedial action taken by the mayor, and the mayor’s recommendations as
to any further action to be taken. The council shall then take such further action as it
deems necessary to prevent or minimize any deficit. For that purpose, it may, by
ordinance adopted pursuant to section 19.07B, reduce one or more appropriations; but
no appropriation for debt service may be reduced, and no appropriation may be reduced
by more than the amount of the unencumbered balance thereof or below any amount
required by law to be appropriated. (Amended 1992)
Section 19.12. Lapse of Appropriations. Every appropriation shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered, except
appropriations to the fund established by paragraph C of section 19.15 and
appropriations for capital budget items where any portion of said appropriation has
been expended. (Amended 1992, 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 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
that person’s 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. (Amended 1992)
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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 otherwise acquiring lands or property entitlements and any
corresponding improvement of those lands or property entitlements for land
conservation purposes in the County of Kaua‘i 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
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.
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3) The moneys in this fund may also be used to improve public pedestrian
access to coastal areas.
4) At any given time, no more than 5 percent of this fund shall be used
for administrative expenses.
5) 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.
6) The council shall by ordinance establish procedures for the
administration and priorities for the expenditure of moneys in this fund. Such
ordinances shall include the following provisions:
a) Utilizing a community-based process that incorporates
countywide community input, for the purposes of establishing annual
recommended priorities of lands or other property entitlements to be
acquired for those land conservation purposes described in paragraph C of
section 19.15 of the charter. (Amended 1992, 2002, 2018)
Section 19.16. Insurance. The director of finance shall procure insurance for the
protection of designated properties of the county in such amounts and under such
conditions as the council shall, by ordinance, prescribe from companies licensed to do
business in the state. The council may also instruct the director of finance to procure
insurance coverage for any of the county activities it deems should be covered by
insurance.
Section 19.17. Surety Bonds. Except as otherwise provided, the council shall
determine which officers and employees shall be required to furnish surety bonds and
shall determine the kind and amount of each individual or blanket bond. All officers
concerned with the receipt, collection, custody, or disbursement of public funds shall be
bonded. The director of finance shall procure all such surety bonds from companies
licensed to do business in the state. All such bonds shall be in favor of and the premiums
thereon shall be paid by the county.
Section 19.18. Contracts.
A. Before execution, all written contracts to which the county is a party shall be
approved by the county attorney as to form and legality. All such contracts shall be
signed by the mayor, except that contracts for purchase of materials, supplies,
equipment, personal services, and public works contracts shall be signed by the director
of finance.
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B. Before execution, contracts involving financial obligations of the county shall
also be approved by the director of finance as to the availability of funds in the amounts
and for the purposes set forth therein.
Section 19.19. Centralized Purchasing.
A. The department of finance shall be responsible for the procurement of all
goods, services, and construction required by any department, office, or agency of the
county, except the department of water. (Amended 2010)
B. All procurements shall be conducted pursuant to state law. (Amended 2010)
C. The director of finance shall, from time to time, secure from all agencies
estimates of their needs for articles of common use and shall, when practicable,
consolidate requisitions in order 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)
F. The director of finance shall require such guarantees of performance by
vendors as in 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 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 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
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procurement solicitation.
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 days
past due shall be referred to the county attorney’s office for collection. (Amended 1984)
ARTICLE XX
CODE OF ETHICS
Section 20.01. Standards of Conduct. In order to establish a high standard of
integrity and morality in government service, a code of ethics is hereby established.
Section 20.02. No officer or employee of the county shall:
A. Solicit, accept, or receive, directly or indirectly, any gift, whether in the form
of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any
other form, under circumstances in which it can reasonably be inferred that the gift is
intended to influence the officer or employee in the performance of the officer or
employee’s official duties or is intended as a reward for any official action on the officer
or employee’s part.
B. Disclose information which, by law or practice, is not available to the public
and which the officer or employee acquires in the course of the officer or employee’s
official duties or use such information for the officer or employee’s personal gain or for
the benefit of anyone.
C. Acquire financial interest in business enterprises which the officer or
employee may be directly involved in official action to be taken by the officer or
employee.
D. Appear on behalf of private interests before any county board, commission, or
agency.
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E. Use the officer or employee’s official position to secure a special benefit,
privilege, or exemption for 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. (Amended 2010)
B. The county shall not enter into a contract with any person or firm which is
represented or assisted personally in the matter by a person who has been an employee
of the agency within the preceding one year and who participated while in county
employment with the subject matter of the contract. (Amended 2010)
C. This section shall not apply to a personal employment contract.
Section 20.04. Disclosure.
A. The mayor, councilpersons, managing director, heads and deputies of all
departments, agencies, and divisions, members of boards and commissions, the
purchasing administrator, and regulatory employees shall, within thirty days of
assuming office, file with the board a list of all real property within the county in which
such person has any right, title, or interest, a list of all business firms which contract
for county business in which such person has any interest, and all of such person’s
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 days of the
occurrence of the amendment. The list shall be a matter of public record; provided that
the lists of regulatory employees shall not be open to public inspection. (Amended 2008,
2010, 2020)
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 such person’s duties or authority, or who is an owner, officer, executive
director, or director of an organization, or whose member of such person’s immediate
family, which includes parents, siblings, spouse, or children, is an owner, officer,
executive director, or director of an organization in any matter pending before such
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person shall make full disclosure of the conflict of interest and shall not participate in
said matter. (Amended 1976, 1980, 2006, 2008)
C. Penalties.
1) Any violation of any of the provisions of this section shall, at the option
of the director of finance, render forfeit and void the contract, work, business,
sale, or transaction affected.
2) Any violation of any of the provisions of this section shall constitute
cause for fine, suspension, or removal from office or employment.
D. The council shall, by ordinance, adopt and may, from time to time, revise and
amend such complementary provisions as may be necessary to supplement the code of
ethics.
E. The mayor, the council, and the board of ethics shall be responsible for the
enforcement of provisions of this article. (Amended 2008)
Section 20.05. Board of Ethics. There shall be a board of ethics.
A. The board shall consist of seven members. (Amended 2006)
B. The board shall annually select a 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 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 forty-five days of its filing and failure to submit an advisory
opinion within said 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. (Amended 2010)
3) To prescribe a form for the disclosure provided in this section and to
implement the requirements of the disclosure provisions.
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4) To examine all disclosure statements filed and to comment on or advise
corrective action to any matters that may indicate a conflict of interest.
Amended 1976)
5) To propose revisions of the code to assure its effectiveness.
E. In the course of its investigations, the board shall have the power to
administer oaths and subpoena witnesses and to compel the production of books and
papers pertinent thereto.
F. All hearings on complaints shall be closed to the public. Only findings of
violations shall be referred to the council or the civil service commission. Upon referral
to the council or civil service commission, the violations shall be treated as any other
similar item of council or civil service commission business.
G. If any officer or employee or former officer or employee shall obtain an
advisory opinion from the board and shall govern oneself accordingly or shall act in
accordance with the opinions of the board, such person shall not be held guilty of
violating any of the provisions of the code.
H. Cooperations. The council and mayor shall cooperate and provide financing
and personnel help required by the board in the performance of its duties.
Amended 2010)
ARTICLE XXI
SPECIAL ASSESSMENT IMPROVEMENTS
Section 21.01. Improvements by Special Assessment. The council shall enact the
provisions of section 146-130 to 146-171 of the Revised Laws of Hawai‘i 1955, as
amended, with the exception of section 146-167, as a county ordinance. No changes,
however, shall be made by the council regarding any matter under the control of the
board of water supply without the prior approval of its board. Exemptions from special
assessments and reimbursement of costs to the county shall be as provided by law.
ARTICLE XXII
INITIATIVE AND REFERENDUM
Section 22.01. Power of Initiative and Referendum.
A. The power of voters to propose ordinances (except as provided in
section 22.02) shall be the initiative power.
B. The power of the voters to approve or reject ordinances that have been passed
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by the county council (except as provided in section 22.02) shall be the referendum
power. (Amended 1976)
Section 22.02. Limitations to Powers. The initiative power and the referendum
power shall not extend to any part or all of the operating budget or capital budget; any
financial matter relating to public works; any ordinance authorizing or repealing the
levy of taxes; any emergency legislation; any ordinance making or repealing any
appropriation of money or fixing the salaries of county employees or officers; any
ordinance authorizing the appointment of employees; any ordinance authorizing the
issuance of bonds; or any matter covered under collective bargaining contracts.
Amended 1976)
Section 22.03. Submission Requirement.
A. Voters seeking to propose an ordinance by initiative shall submit an initiative
petition addressed to the council and containing the full text of the proposed ordinance.
The initiative petition shall be filed with the clerk of the council at least ninety-six hours
prior to any regular council committee meeting.
B. Voters seeking referendum on 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 20 percent of the number of voters registered in the last
general election. (Amended 2012)
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 calendar days prior to the day scheduled for the general election in the
county. (Amended 1976, 2012)
Section 22.04. Petitioner’s 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 members who shall be qualified voters of the county
and signers of the petition. The committee shall be responsible for circulation of the
petition and for assembling and filing the petition in proper form. The committee shall
have the power to amend or withdraw the petition as provided by this article. (Amended
1976)
Section 22.05. Initiative and Referendum Petition: Form and Sufficiency.
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 signers who
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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 days after the filing
of an initiative or referendum petition with the clerk of the council by the filing of a
written request thereof by the individual with the clerk of the council. (Amended 1976)
Section 22.06. Procedure After Filing.
A. Certificate of clerk; amendment. Within twenty 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, 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
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elect to amend a petition, the clerk shall present 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 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 days after the filing of a supplementary petition, the clerk shall
complete a second certificate as to the sufficiency of the original petition as amended by
the supplementary petition. Thereafter, the procedural requirements for the petition as
amended shall be the same as that for the original petition as provided in subsection A,
this section.
C. Council review. A majority of the petitioner’s committee may request the
county council to review a clerk’s certificate, at or before the meeting at which the clerk
presents the certificate to the council. The council shall review the latest clerk’s
certificate, upon the committee’s request, and shall approve or reject the certificate or
may substitute its own determination of sufficiency of the petition by resolution.
D. Court review; new petition. A final determination as to the sufficiency of a
petition shall be subject to court review. A final determination of insufficiency, even if
sustained upon court review, shall not prejudice the filing of a new petition for the same
purpose. (Amended 1976)
Section 22.07. County Council Action on Petitions.
A. The county council shall proceed immediately to consider an initiative or
referendum petition which has been determined sufficient in accordance with the
provisions of this article. If an initiative petition is concerned, the ordinance it proposes
shall at once be introduced subject to the procedures required for ordinances under
article IV of this charter; however, not more than sixty 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
days after the date on which the petition was determined sufficient, the council shall,
by ordinance, repeal, or, by resolution, sustain the ordinance.
B. If the council rejects an initiative amendment proposal or passes it with an
amendment unacceptable to a majority of the petitioner’s committee, or if the council
fails to repeal an ordinance reconsidered pursuant to a referendum petition, it shall
submit the originally proposed initiative ordinance or refer the reconsidered ordinance
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concerned to the voters of the county at the next general election.
C. The council may, in its discretion, and, under appropriate circumstances,
provide for a special election.
D. The ballot for such measures shall contain an objective summary of the
substance of the measure and shall have below the ballot title designated spaces in
which to mark a ballot FOR or AGAINST the measure. Copies of initiative or
referendum ordinances shall also be made available at the polls.
E. Suspension of ordinance. When a referendum petition or amended petition
has been certified as sufficient by the county clerk, the ordinance sought to be 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 article. (Amended 1976, 1980)
Section 22.08. Withdrawal of Petitions. An initiative or referendum petition may
be withdrawn at any time prior to the sixtieth 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 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. (Amended 1976)
Section 22.09. Results of Election. If a majority of the voters voting upon a proposed
initiative ordinance shall vote in favor of it, the ordinance involved shall be considered
adopted upon certification of the election results. If a majority of the voters voting upon
a referendum ordinance shall vote against it, the ordinance involved shall be considered
repealed upon certification of the election results. (Amended 1976)
Section 22.10. Upon approval by a majority of the votes cast on the proposal, the
charter amendment shall take effect upon all legislative acts not excluded herein
enacted after January 2, 1977. (Amended 1976)
Section 22.11. A referendum that nullifies an existing ordinance shall not affect any
vested rights or any action taken or expenditures made up to the date of the referendum.
Amended 1976)
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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 Hawai‘i or any ordinance
of the County of Kaua‘i 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.
2) Any person excluded from 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 chapter 76, HRS and the position
classification plan. (Amended 2012)
E. The term “state” shall mean the State of Hawai‘i.
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 charter shall consist of at least
seven members. (Amended 2006)
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
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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 chair shall be expelled from membership. Upon notification
of such expulsion by the chair, the applicable appointing authority shall within fifteen
days of the notice, begin the appointment process. (Amended 1980, 1986)
C. The members of all boards or commissions shall serve for staggered terms of
three years and until their successors are appointed. However, no holdover term shall
extend beyond ninety days. All members currently serving shall serve their term as set
when they were appointed. All appointments after January 1, 1977 shall be for three-
year terms. Notwithstanding the holdover period or period of any vacancy, the term of
any appointment shall be deemed to have commenced immediately after the normal
termination date of 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. (Amended 1976, 1980)
D. Each commissioner shall be, at the time of 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 chair of any board or commission shall be one year, and no member of any
such board or commission shall 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
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a term as used herein. (Amended 1976)
I. Employees and officers of the state or county may be eligible to serve on
boards or commissions, provided that such service does not result in a conflict of interest
or is expressly prohibited by law.
J. A majority of all the members to which a board or commission is entitled shall
constitute a quorum to do business, and the concurrence of a majority of all the members
to which such board or commission is entitled shall be necessary to make any action 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 maintained 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 the time period provided in Hawai‘i Revised Statutes
section 46-72. (Amended 2020)
Section 23.07. Annual Reports.
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A. Not later than ninety days after the close of the fiscal year, each agency of the
county shall make an annual written report of its activities to the mayor in such form
and under such rules as the mayor may prescribe. Copies of such reports shall be filed
in the office of the county clerk.
B. Not later than one hundred eighty days after the close of the fiscal year, the
mayor shall make an annual report concerning the activities of all agencies of the
county. A copy of such report shall be filed in the office of the county clerk.
Section 23.08. Records and Meetings Open to Public.
A. All books and records of every department shall be open to the inspection of
any person at any time during business hours, except as otherwise provided by law.
Certified copies or extracts from such books and records shall be given by the officer
having custody of the same to any person demanding the same, and paying or tendering
a reasonable fee to be fixed by ordinance for such copies or extracts.
B. All meetings of boards and commissions shall be held in the county building
or other public places, and no such body shall take any official action except at a meeting
open to the public.
Section 23.09. Rules and Regulations. Unless otherwise authorized by law, all rules
and regulations having the force and effect of law adopted by any board, commission, or
administrative head of a department, must first be approved by the mayor prior to going
into effect.
Section 23.10. Penalties. Any violation of a charter provision, any ordinance, or duly
enacted rule or regulation having the effect of law shall be subject to a fine not exceeding
1,000 or one year’s imprisonment or both unless the charter, ordinance, rule, or
regulation provides for a specific penalty in which case the specific penalty shall control.
Prosecution for any violation shall be as provided by law for the prosecution of
misdemeanors. (Amended 1980)
Section 23.11. County Elections. County elections shall be conducted in accordance
with the election laws of the state insofar as applicable, but the county primary and
general elections shall be held in every two years following the initial election.
Section 23.12. Oaths of Office. Before entering upon the duties of the office, each
officer elected or appointed shall take and subscribe to such oath or affirmation as shall
be provided by law.
Section 23.13. Impeachment of Officers. Any officer appointed or elected may be
impeached for malfeasance, misfeasance, or nonfeasance in office. Such impeachment
proceeding shall be commenced in the Fifth Circuit Court, State of Hawai‘i. The charge
or charges shall be set forth in writing in a verified petition for impeachment signed by
not less than 5 percent of the voters registered in the last general election, except as to
charges filed by the ethics board. If the court sustains the charge or charges, such officer
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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 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 county attorney, in which the officer agrees
to reimburse the county for all expenses incurred in such legal representation, if
the officer is impeached.
2) Determination of expenses shall be made by the county attorney and
approved by the council and shall be conclusive.
3) Any officer being impeached for matters not relating to their official
powers or duties shall bear their own attorneys’ 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 board, shall be as follows:
1) By the county attorney’s office if requested by the officer and agreed to
by the county attorney.
2) By outside legal counsel selected by the officer. The 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 council approves of the amount.
C. Nothing in this section shall preclude the officer sought to be impeached from
recovering attorneys’ fees as provided by law. If legal representation is provided at
county expense, such recovery shall be reimbursed to the county. (Amended 1992)
Section 23.14. Coordination of Work. The mayor 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 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.
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Section 23.15. Cooperation With Other Organizations. In the performance of its
functions, each department shall cooperate with private organizations and with
organizations of the governments of the United States, the state, and any other state
and any of their political subdivisions having similar functions.
Section 23.16 Provisions of Charter Inoperative, When. 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 any
gender.
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 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. (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 summaries of the proposed amendments
published in a newspaper of general circulation in the county and the entire text
published by electronic or online publication on the official website of the County of
Kaua‘i at least thirty days prior to submission of the proposed amendments to the
voters of the county at the next general election. (Amended 2014)
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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 days after its adoption by the
voters of the county. Summaries of any charter amendment shall be published in a
newspaper of general circulation in the county and the entire text published by
electronic or online publication on the official website of the County of Kaua‘i within
thirty days of the effective date of such amendment. (Amended 2014)
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. 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 summaries of any such
amendments or new charter not less than thirty days before any election at least once
in a newspaper of general circulation within the county and the entire text of the
amendments or new charter by electronic or online publication on the official website
of the County of Kaua‘i. (Amended 2006, 2014, 2016)
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 days after its adoption by the voters. Summaries of any new charter or
amendment shall be published in a newspaper of general circulation within the
county, and the entire text published by electronic or online publication on the official
website of the County of Kaua‘i not more than thirty days after its adoption.
Amended 2014)
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.
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ARTICLE XXVI
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
election laws of the state. This charter shall take full effect on January 2, 1969.
Section 26.02. Initial Election Under the Charter. The first county primary and
general elections under this charter shall be held in the year 1968.
Section 26.03. Existing Laws and Conflicting Laws. All laws, ordinances,
resolutions, rules, and regulations in force at the time this charter takes full effect, and
not in conflict or inconsistent with this charter, are hereby continued in force until
repealed, amended, or superseded by proper authority. All laws relating to or affecting
this county or its agencies, officials, or employees, and all county ordinances,
resolutions, orders, and regulations which are in force when this charter takes 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 Functions.
A. All departments, the status of which are not specifically changed or abolished
by this charter, are hereby recognized, continued, and established and shall have such
powers, duties, and functions as provided by law. Members of the various boards,
commissions, and committees holding office at the effective date of this charter shall
continue in office unless they resign or until their terms of office shall expire.
B. The offices of the county auditor and the county treasurer are abolished and
their functions transferred to the department of finance.
C. The offices of the elected county clerk and the county attorney are abolished.
Section 26.05. Transfer of Records and Property. All records, property, and
equipment of any office, division, department, board, or commission, the functions of
which are assigned to another agency by this charter, shall be transferred and delivered
to the agency to which such functions are so assigned.
Section 26.06. Status of Present Employees. All civil service employees and
full-time employees whose positions are exempt from civil service presently employed
by any department or agency which is merged or abolished under this charter, shall be
transferred and continued in employment in accordance with sections 138-44 and 138-
45, Revised Laws of Hawai‘i 1955, as amended, to a comparable position in an agency
where such function has been transferred.
Section 26.07. Heads of Departments Continued in Office. Notwithstanding any
provision to the contrary, all officers and department heads, whether appointed or
elected, holding office immediately prior to the time this charter takes effect, shall
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continue in employment for a period of not more than forty-five 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, all fines, taxes, penalties,
forfeitures, obligations, and right due, owing, or accruing to the county, and all writs,
prosecutions, actions, and proceedings by or against the county shall remain unaffected
by the adoption of this charter.
ARTICLE XXVII
RECALL
Section 27.01. Recall Procedure. Any 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 clerk. Such petitions shall be signed by
currently registered voters numbering not less than 20 percent of the voters registered
in the last general election. (Amended 1984)
Section 27.02. Petitions. Petition papers shall be procured only from the county clerk,
who shall keep a sufficient number of such blank petition papers on file for distribution
as herein provided. Prior to the issuance of such petition papers, an affidavit shall be
made by one or more voters and filed with the clerk, stating the name and office of the
officer sought to be removed. (Amended 1984)
Section 27.03. Signatures. Each signer of a recall petition shall print and sign said
person’s name and shall place thereon after the name said person’s 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
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part of the petition, 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. (Amended 1984)
Section 27.04. Filing and Certification. All papers comprising a recall petition shall
be assembled and filed with the county clerk as one instrument within thirty days after
the filing, with the clerk, of the affidavit stating the name and office of the officer sought
to be removed. Within ten 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 the clerk’s examination. If the clerk shall certify that the petition is insufficient,
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. (Amended 1984)
Section 27.05. Supplemental Petitions. In the event the initial petition contained
insufficient signatures, such recall petition may be supported by supplemental
signatures of voters signed in the manner required in section 27.03 of this article
appended to petitions issued, signed, and filed as required for the original petition at
any time within ten days after the date of the certificate of insufficiency by the clerk.
The clerk shall within five days after such supplemental petitions are filed make a like
examination of them, and if the clerk’s certificate shall show the same to be still
insufficient, the clerk shall return it in the manner described in section 27.04 of this
article to the person designated in such petition to receive the same, and no new petition
for the recall of the officer sought to be removed shall be filed within one year thereafter.
Amended 1984)
Section 27.06. Recall Election. If a recall petition or supplemental petition shall be
certified by the clerk to be sufficient, 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 nor more than ninety 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 50 percent of the
total number of voters registered in the last general election shall vote at such recall
election, the officer sought to be recalled shall not be deemed recalled regardless of the
outcome of the election. (Amended 1984)
Section 27.07. Ballots. The ballots at such recall election shall, with respect to
each person whose removal is sought, submit the 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 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, 2014)
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Section 27.08. Succeeding Officer. The incumbent, if not recalled in such election,
shall continue in office for the remainder of the incumbent’s unexpired term subject to
the recall as before, except as provided in this charter. If recalled in the recall election,
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
filling of vacancies of elected officials. The successor of any person so removed shall hold
office during the unexpired term of the person removed. (Amended 1984)
Section 27.09. Immunity to Recall. The question of the removal of any officer shall
not be submitted to the voters until such person has served six months of the term
during which such person is sought to be recalled, nor, in case of an officer retained in
a recall election, until one year after that election. (Amended 1984)
ARTICLE XXVIII
COST CONTROL COMMISSION
Section 28.01. There shall be a county cost control commission composed of seven
members not employed in government service. (Amended 1984, 2006)
Section 28.02. Goal. The goal of the commission is to reduce the cost of county
government while maintaining a reasonable level of public services. (Amended 1984,
2006)
Section 28.03. Repealed (Amended 2006)
Section 28.04. Duties. The commission shall review personnel costs, real property
taxes, travel budgets, contract procedures; review with the aim of eliminating programs
and services available or more efficiently supplied by other governments or
organizations; eliminate or consolidate overlapping or duplicate programs and services;
scrutinize for reduction any county operation. (Amended 1984)
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 working days of receipt, submit to the council for
its immediate consideration all ordinances proposed by the commission. (Amended
1984, 1996)
Section 28.06. Rules and Regulations. The commission shall adopt rules and
regulations relating to the operation and management of the commission in order that
the commission can accomplish its goals and objectives. (Amended 1984)
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
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commission requests that is appropriate to its function. All such requests shall be made
through the office of the mayor or the chair of the council for information within their
respective jurisdictions. (Amended 1984)
ARTICLE XXIX
SALARY COMMISSION
Section 29.01. Organization. There shall be a salary commission composed of seven
members to establish the maximum salaries of all elected and appointed officers as
defined in section 23.01D of this charter. (Amended 1988, 2006, 2012)
Section 29.02. Policies. The commission shall adopt and, when it deems necessary,
may change the policies governing its salary-setting decisions. (Amended 1988, 2006)
Section 29.03. Resolution. The commission’s salary findings shall be adopted by
resolution of the commission and forwarded to the mayor and the council on or before
March 15 of any calendar year. The resolution shall take effect on July 1 of the same
calendar year. 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, 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. (Amended 1988, 2006, 2012, 2022)
Section 29.04. Rules. The commission shall establish its rules of procedures and adopt
rules and regulations pursuant to law. (Amended 1988, 2006)
Section 29.05. Changes in Salary. No change in the salary of councilmembers shall
be effective during the term in which a change is enacted or for twenty-four months
after a change is enacted, whichever is less. (Amended 1988, 2006)
Section 29.06. Administration and Operation. The mayor 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.
Amended 1988, 2006, 2012)
ARTICLE XXX
RESERVED)
This Article is intentionally left blank.) (Amended 2022)
ARTICLE XXXI
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. (Amended 2006)
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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 administrative capacity, either in public service or private
business or both, and shall be the administrative head of the department. (Amended
2006)
Section 31.03. Powers, Duties, and Functions. Except as otherwise provided by
law, the director of parks and recreation shall:
A. Plan, design, construct, operate, and maintain all parks and recreational
facilities of the county.
B. Develop and implement programs for the cultural, recreational, and other
leisure-time activities for the people of the county.
C. Beautify the public parks and recreational facilities of the county.
D. Perform such other duties as may be prescribed by the mayor or by ordinance.
Amended 2006)
ARTICLE XXXII
COUNTY AUDITOR
Section 32.01. Office of the County Auditor.
A. There is established within the legislative branch an office of the county
auditor, to be headed by a county auditor who shall be appointed by the county council
and shall serve for a period of six years, and thereafter, until a successor is appointed.
The salary commission shall fix the salary of the county auditor. The county council,
by two-thirds vote of its membership, may remove the county auditor from office at any
time for cause.
B. The county auditor shall possess adequate professional proficiency for the
office, demonstrated by relevant certification, such as certification as a certified internal
auditor or certified public accountant, or have an advanced degree in a relevant field
with at least five years of experience in the field of government auditing, evaluation, or
analysis. A certified internal auditor or certified public accountant shall be preferred.
The county auditor shall have a bachelor’s degree in accounting, business
administration, or public administration or related field. If financial statement audits
are conducted, the county auditor shall be a certified public accountant.
C. Except for exercising the right to vote, neither the auditor nor any member of
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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.
Amended 2008)
Section 32.02. Powers, Duties, and Functions.
A. Pursuant to county charter article III, section 3.17, Investigation, the county
council is empowered to establish the office of county auditor. It shall be the duty of the
auditor to conduct or cause to be conducted:
1. The independent annual or biennial audit of all county funds and
accounts to be conducted by a certified public accountant or firm of certified
public accountants as required by section 3.12 of the county charter;
2. Performance audits of the funds, programs, and operations of any
agency or operation of the county as requested by the council by resolution, as
authorized by section 3.12;
3. Performance and financial audits of the funds, programs, and
operations of any agency or operation of the county, as determined by the county
auditor to be warranted. Before the commencement of each fiscal year, a plan of
the audits proposed to be conducted by the county auditor during the fiscal year
shall be transmitted to the county council for review and comment, but not
approval. 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 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
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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 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. (Amended 2008)
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 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.
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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 chapter 92,
Hawai‘i 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 the audit committee may be
called by the committee chair or county auditor.
D. Members appointed by the county council shall not be entitled to
compensation for serving on the committee. The member from the county council shall
not be entitled to compensation for serving on the committee that is additional to the
compensation received as a councilmember. All members, however, shall be entitled to
be reimbursed for travel and other necessary expenses incurred by them in the
performance of their official duties.
E. Section 23.02. Boards and Commissions shall not apply to the members of the
audit committee. (Amended 2008)
Section 32.04. Transition Provision Concerning the Transfer of Audit
Functions to the Office of the County Auditor.
A. All lawful obligations and liabilities owed by or to the office of the county clerk
relating to financial and performance audits on June 30, 2009, shall remain in effect on
July 1, 2009. The obligations and liabilities shall be assumed by the office of the county
auditor. All contracts held by the office of the county clerk relating to financial and
performance audits, which are to remain effective after June 30, 2009, shall be assumed
by the office of the county auditor. The contracts shall continue in effect until fulfilled
or lawfully terminated. All financial and performance audit activities administered by
the office of the county clerk on June 30, 2009, shall be assumed by the office of the
county auditor on July 1, 2009.
B. On July 1, 2009, all records, data, and information held by the office of the
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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. (Amended 2008)
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APPENDIX
2004 CHARTER AMENDMENT
Relating to Real Property Taxation)
Declared unconstitutional pursuant to Article VIII, Section 3 of the Hawai‘i
Constitution. County of Kaua‘i v. Bryan J. Baptiste, Mayor, County of Kaua‘i, et al.,
115 Hawai‘i 15, 165 P.3d 916 (August 6, 2007), as corrected August 7, 2007,
reconsideration denied September 6, 2007.
It is the policy of the County that resident taxpayers should be equitably
protected when there are significantly rising real estate values and government
costs. Therefore, for County residents who have owned and occupied their place of
residence beginning in or before the fiscal year 1998-1999, then for the next fiscal
year after the adoption of this section real property taxes with respect to such
residence shall not exceed the amount of such tax assessed for the 1998-1999 fiscal
year. For County residents acquiring their place of residence after the fiscal
year1998-1999 their real property taxes with respect to such residence for the next
fiscal year after the adoption of this section shall not exceed the amount of tax
assessed for the fiscal year the ownership and residence commences. For all such
taxpayers in no fiscal year after the year in which the tax was restored to the amount
in 1998 – 1999 or the year of acquisition, whichever is applicable, shall the
percentage increase in real property tax with respect to such residence exceed the
lesser of the percentage rate applicable at the commencement of such fiscal year for
the cost of living adjustments in retirement benefits by the Social Security
Administration, or two percent (2%). Promptly following its adoption the County
shall notify in writing all owners of residential property in its property tax records
of the principal terms of this section. The County shall adopt such ordinances, laws,
rules and regulations as are necessary to carry out and are consistent with the
purpose of the foregoing policy and the terms of this section. (2004 General Election
Charter Amendment Question)
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2008 CHARTER AMENDMENT
Relating to Implementation of the General Plan)
The United States Federal District Court, in Kaua‘i Beach Villas-Phase II, LLC,
v. County of Kaua‘i, Kaua‘i County Council, Kaua‘i Planning Department, et al., Civil
No. 12-00483 LEK-RLP, held that Section 3.19 of the Kaua‘i County Charter was an
improper zoning initiative and, pursuant to Kaiser Hawai‘i Kai and Haw.Rev.Stat. §
46-4(a), ruled that Section 3.19 is invalid.
Section 3.19. Implementation of the General Plan
A. The power to process and to issue any zoning, use, subdivision, or variance
permit for more than one transient accommodation unit shall be vested in and
exercisable exclusively by the council. As used in this Section, “transient
accommodation unit” shall mean an accommodation unit or a portion thereof in a hotel,
timeshare facility, resort condominium, fractional ownership facility, vacation rental
unit or other similarly-used dwelling that is rented or used by one or more persons for
whom such accommodation unit is not the person’s primary residence under the
Internal Revenue Code.
B. Any applicant seeking the issuance of a zoning, use, subdivision or variance
permit for more than one accommodation unit shall certify to the planning department
whether any use of the units as a transient accommodation unit is projected by the
applicant. Prior to granting any such permit for a transient accommodation unit, the
council shall conduct a public hearing and make a finding that granting such permit
would be consistent with the planning growth range of the general plan and in the best
interest of the county and its people. Approval of any such application shall require a
favorable vote of two thirds (2/3) of the entire membership of the council. Appeals of any
decision by the council relating to such permits must be instituted in the circuit court
within thirty (30) days after entrance of the final decision of the council.
C. The council may by ordinance authorize the planning commission to process
and issue such permits, or certain of them, on terms and conditions as the council may
deem advisable, only upon the council’s enactment of a rate of growth ordinance that
limits the rate of increase in the number of transient accommodation units in the county
to no greater than one-and-one half percent (1.5%) per annum on a multi-year average
basis, or such growth rate that is within the planning growth range of a future general
plan adopted pursuant to Section 14.08.
D. The council shall adopt such ordinances, laws, rules and regulations as are
necessary to carry out the terms and intent of this amendment to the Charter.
E. If any provision of this amendment shall be held by a final order of a court of
competent jurisdiction to be invalid, all of the other terms of the amendment shall
remain in full force and effect.