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

Section 1. Section 5-3.2 of the Hawaii County Charter is amended to read as follows:

"Section 5-3.2. Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. 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. A deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position."

Section 2. Section 5-4.2 of the Hawaii County Charter is amended to read as follows:

"Section 5-4.2. Planning Director. The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. 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. No less than three years' experience shall have been in an administrative capacity. The director shall be the administrative head of the department and shall:

(a) Advise the mayor, planning commission, and council on all planning and land use matters.

(b) Prepare a general plan, implementation plans, and any amendments thereto in accordance with Section 3-15.

(c) Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto.

(d) Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority.

(e) Administer the subdivision and zoning ordinances and regulations adopted thereunder.

(f) Render decisions on proposed subdivision plans pursuant to law.

(g) Make recommendations on rezoning applications, special exceptions, and other similar requests.

(h) Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the Board of Appeals in accordance with Section 5-6.3, unless otherwise provided by law or this charter.

(i) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter."

Section 3. Section 5-4.3 of the Hawaii County Charter is amended to read as follows:

"Section 5-4.3. Planning Commission. The planning commission shall consist of nine members, one from each council district, who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the [chief engineer of the county] director of public works and the manager of the department of water supply, or their designated representatives, shall serve as ex-officio members of the commission without power to vote. The commission shall establish its rules or procedure and shall:

"(a) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter.

"(b) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action.

"(c) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action.

"(d) Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county.

"(e) Perform such other related duties and functions as may be necessary or required pursuant to law and this charter."

Section 4. Section 5-5.2 of the Hawaii County Charter is amended to read as follows:

"Section 5-5.2. Director. The director of research and development shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The director shall have had a minimum of five years' related experience."

Section 5. Section 5-6.3 of the Hawaii County Charter is amended to read as follows:

"Section 5-6.3. Board of Appeals. The board of appeals shall consist of seven members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each member shall be a legal resident and a registered voter of the County. Board membership shall be representative of the community, and, whenever possible, persons with background or expertise in broad areas of planning and construction shall be given preference, although such knowledge is not a prerequisite for membership. The board of appeals shall establish its rules of procedure and shall:

"(a) Hear and determine appeals from final decisions of the planning director or the [chief engineer] director of public works regarding matters within their respective jurisdictions.

"(b) Conduct hearings in accordance with Chapter 91, Hawaii Revised Statutes, and this charter.

"(c) Be part of the planning department for administrative purposes, and said department shall provide necessary clerical and other assistance."

Section 6. Section 6-1.2 of the Hawaii County Charter is amended to read as follows:

"Section 6-1.2. Appointments. The managing director shall be appointed by the mayor and may be removed by the mayor. The managing director shall have had five years of experience in a managerial capacity, and shall possess demonstrable educational and/or professional experience as required of the office."

Section 7. Section 6-2.1 of the Hawaii County Charter is amended to read as follows:

"Section 6-2.1. Organization. There shall be a department of public works consisting of a [chief engineer] director and the necessary staff."

Section 8. Section 6-2.2 of the Hawaii County Charter is amended to read as follows:

"Section 6-2.2. [Chief Engineer.] Director. The [chief engineer] director of public works shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The [chief engineer] director shall be a registered professional engineer. The director shall have had a minimum of five years' experience in an administrative capacity."

Section 9. Section 6-3.2 of the Hawaii County Charter is amended to read as follows:

"Section 6-3.2. Director. The parks and recreation director shall be appointed by the mayor, confirmed by the council, and may be removed by the mayor. The director shall have had a minimum of five years' experience in an administrative capacity."

Section 10. Section 6-4.2 of the Hawaii County Charter is amended to read as follows:

"Section 6-4.2. Fire Chief. The fire chief shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. 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 11. Section 8-3 of the Hawaii County Charter is amended to read as follows:

"Section 8-3. Manager and Deputy. The manager of the department of water supply shall be appointed by the water commission and may be removed by the water commission. The deputy shall be appointed by the manager with the confirmation of the water commission and may be removed by the manager with the approval of the water commission. The manager shall be a registered engineer[.] and shall have had a minimum of five years' experience in an administrative capacity."

Section 12. 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 13. If Charter Amendment No. 2 (relating to the managing director), Charter Amendment No. 3 (relating to the fire department), or Charter Amendment No. 9 (relating to the department of water supply) are adopted by the voters, they shall supersede any conflicting language in this amendment.

Section 14. Charter material to be repealed is bracketed. New charter material is underscored.

Section 15. This amendment shall take effect at noon on the first Monday in December following its approval by the voters.

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