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BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:

Section 1. Article V and article VI, Hawaii County Charter, shall be reorganized by moving staff agencies (Article V, Chapter 2, Article V, Chapter 3, Article V, Chapter 4, and Article V, Chapter 5), and "Miscellaneous," Article V, Chapter 6, so that they are included under Article VI: "The Managing Director and Agencies under the Managing Director." All chapters shall be appropriately re-numbered.

Section 2. Article VI, Chapter 1 of the Hawaii County Charter is amended to read as follows:

"ARTICLE VI

Section 6-1.1. Organization. There shall be [a position of] an office of management consisting of the managing director [in the office of the mayor. The managing director shall be the principal management aide of the mayor.] and the necessary staff.

Section 6-1.2. [Appointment] Managing Director. The managing director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The managing director shall have had five years of experience in an administrative capacity, and shall possess demonstrable education and/or professional experience as required of the office.

Section 6-1.3. Powers, Duties and Functions. The managing director shall:

(a) Act as the principal management aide to the mayor.

[(a)](b) Supervise the administrative functioning of all agencies [except those under direct supervision of the mayor.], departments, boards, and commissions.

[(b) Advise the mayor concerning the operation of all agencies under the supervision of the managing director and make, or cause to be made, investigations and studies of the internal organization and procedures of any such agency and for such purpose, may require reports from any of them.]

(c) Recommend to the mayor the annual operating and capital improvement budgets.

(d) Evaluate the management and performance of each executive agency, and make reports to the mayor and the council on the findings and recommendations of such evaluation. A report shall be made to the responsible commission whenever an evaluation is performed on a department or agency under a commission.

[(c)](e) Prescribe standards of administrative practice to be followed by all agencies under the managing director's supervision.

[(d)](f) Attend meetings of the council or of any board or committee, when requested by the mayor.

[(e)](g) Attend meetings of the council and its committees upon request and make available such information as they may require.

[(f)](h) Perform all other duties as required by this charter or assigned by the mayor."

Section 3. Section 4-1 of the Hawaii County Charter is amended to read as follows:

"Section 4-1. Executive Powers. The executive powers of the county shall be vested in and exercised by the executive branch, which shall be headed by the mayor, and administered by the managing director, except as otherwise provided by this charter."

Section 4. Section 4-5 of the Hawaii County Charter is amended to read as follows:

"Section 4-5. Powers and Duties of Agency Heads. Subject to the provisions of this charter, the administrative heads of each agency or executive agency of the county shall have the power to:

(a) Appoint and remove a deputy or assistant and a private secretary and such positions shall be exempt from civil service laws and classifications. No such appointment shall be made unless the positions have been created and appropriations therefor have been made by the council.

(b) Appoint necessary staff for which appropriations have been made by the council.

(c) Take all personnel actions including the assignment of reassignment of duties to employees within the salary ordinance; provided, that if such assignment or reassignment of duties shall affect the compensation of the employees, written approval must first be obtained from the mayor and a report thereon must be submitted to the council within thirty days.

(d) Supervise the performance of duties by all employees.

(e) Except as otherwise provided by this charter and subject to the approval of the mayor, prescribe such rules as are necessary for the organization and internal administration of the agency.

(f) Perform such duties as are prescribed by this [carter] charter and such other duties as may be assigned by the mayor[.] and managing director."

Section 5. Section 5-1.3 of the Hawaii County Charter is amended to read as follows:

"Section 5-1.3. Powers, Duties and Functions. The mayor shall be the chief executive officer of the county vested with all the executive powers of the county, except as otherwise provided by this charter. The mayor shall have the power to:

(a) [Exercise direct supervision over all agencies enumerated in this article and other agencies as the mayor may deem desirable, and] T[t]hrough the managing director supervise and coordinate all [other] executive agencies of the county, except as otherwise provided by this charter.

(b) Appoint necessary staff for which appropriations have been made by the council. All positions in the mayor's office shall be exempt from civil service laws and classifications.

(c) Create positions, including position of deputy or assistant to each head of an agency where such position has not been created by this charter, for which appropriations have been made by the council and abolish positions with the consent of the council.

(d) Make transfers of positions between agencies or between subdivisions of agencies subject to applicable civil service regulations.

(e) Recommend to the council a pay plan for all officers and employees of the county or any of its boards and commissions, except those whose pay is otherwise provided for; provided that the salary of any officer or employee who is exempt from the civil service laws shall be subject to approval by the council and the mayor.

(f) Submit an operating budget, an operating program, a capital budget and a capital program annually to the council."

Section 6. Section 5-3.3 of the Hawaii County Charter is amended by amending subsection (m) to read as follows:

"(m) Exercise such other powers and perform such other duties as may be prescribed by this charter, by ordinance, by law or by the mayor[.] or managing director."

Section 7. Section 7-2.2 of the Hawaii County Charter is amended to read as follows:

"Section 7-2.2. Police Commission. The police commission shall consist of nine members. One member shall be appointed from each of the respective nine county council districts. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. The police commission shall:

(a) Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and regulations of the department.

(b) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor[.] and managing director.

(c) Submit an annual report to the mayor, managing director and the council.

(d) 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. A summary of the charges filed and their disposition shall be included in the annual report of the commission. There shall be budgeted sufficient funds in the annual budget of the police department for use by the police commission to fulfill the intent of this section.

(e) Advise the chief of police on police-community relations.

(f) Hire personnel necessary to carry out its functions. Except for purposes of inquiry, neither the commission nor its members shall interfere in any way with the administrative affairs of the department."

Section 8. Section 7-2.6 of the Hawaii County Charter is amended to read as follows:

"Section 7-2.6. Administrative Supervision. The police department shall come under the general supervision and control of the mayor[.], through the managing director."

Section 9. Section 7-3.5 of the Hawaii County Charter is amended to read as follows:

"Section 7-3.5. Administrative Supervision. The department of liquor control shall come under the general supervision and control of the mayor[.], through the managing director."

Section 10. Section 8-5 of the Hawaii County Charter is amended to read as follows:

"Section 8-5. Administrative Supervision. The department of water supply shall come under the general supervision and control of the mayor[.], through the managing director."

Section 11. Section 13-3 of the Hawaii County Charter is amended to read as follows:

"Section 13-3. Appointments. No appointing authority shall appoint any person to any office or position which is exempt from the civil service laws until satisfied by proper investigation that the person to be appointed is fully qualified by experience and ability to perform the duties of that office or position. The mayor shall not appoint any person to the following positions unless that person has the qualifications described in this section. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. The deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position. The planning director shall have had a minimum of five years' training and experience in a responsible planning position or a degree in planning, engineering, architecture, geography, or another planning-related field and three years' experience in a responsible planning position. [The managing director shall have had a minimum of five years' experience in an administrative capacity.] The fire chief shall have had a minimum of five years' training and experience in fire control, including at least three years' experience in a responsible administrative capacity."

Section 12. Charter material to be repealed is bracketed. New charter material is underscored.

Section 13. This amendment shall take effect at noon on the first Monday in December following its approval by the voters.

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