the Governor and the Legislature on the effects of legislative
policies, needs, assessments, priorities, programs, and budgets
concerning Hawaii youth; and
WHEREAS, Millennials (persons born between 1981 and
1996) and members of Generation Z (persons born after 1996)
have taken a keen interest in activism on a wide array of issues,
including the environment, tobacco control and ensuring that
Hawaii remains a desirable place to live; and
WHEREAS, City Council (“Council”) Bill 40 (2019), which
would ban the sale of styrofoam products and certain single use
plastic products in the City, drew notable support from members
of Generation Z, including a number of high school students, in
hearings before the Council and its committees; and
WHEREAS, Council Bill 51 (2019), which would establish a
“Keep Hawaii Hawaii – Promise to Our Keiki Pledge” for visitors to
the City, also drew notable support from members of Generation
Z, including a number of elementary or intermediate school-aged
students who produced videos in support of the bill; and
WHEREAS, the City Council (“Council”) further believes that
creating a City youth commission to advise the Council and Mayor
on issues relating to children and youth would give youth a greater
role in the policymaking process, develop future leaders, and help
the City develop public policy that addresses the concerns and
needs of all City residents; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu:
1. That the following question be placed on the 2020 General
Election ballot:
“Shall the Revised City Charter be amended to establish a
Youth Commission under the Managing Director?”
2. That Article VI, Chapter 1, Revised Charter of the City and
County of Honolulu 1973 (2017 Edition) (“Managing Director”),
be amended by adding a new section to be appropriately
numbered by the Revisor of the Charter and to read as follows:
“Section 6- . Youth Commission —
1. There shall be a youth commission consisting of fifteen
members, each of whom shall be between the apes of
fourteen to twenty-four years at the time of appointment
and shall serve for staggered terms of two years. The
commission and its members shall not be subject to
Section 13-103; provided that members who have attained
the age of majority at the time of appointment must be
duly registered voters of the city. Any member who has
not attained the age of majority at the time of appointment
shall be exempt from filing any financial disclosures
required by ordinance until attaining the age of majority.
Each councilmember shall appoint one member and the
mayor shall appoint six members. The initial appointments
shall commence no later than August 1, 2021, and shall be
as follows:
(a) One year term: Eight members, three appointed by the
mayor and one each appointed by the councilmembers
representing districts 1, 3, 5, 7, and 9.
(b) Two year term: Seven members, three appointed by the
mayor and one each appointed by the councilmembers
representing districts 2, 4, 6 and 8.
Each succeeding appointment shall be for a term ending two
years from the date of the expiration of each term for which
the predecessor had been appointed. The commission shall
annually elect a chair from among its members and the
commission shall act by a majority vote of its membership.
Any vacancy shall be filled in the same manner as for an
original appointment.
2. The commission shall advise the council and mayor
on the effects of policies, needs, assessments, priorities,
programs, and budgets concerning the children and
youth of the city. The commission shall also express the
policy priorities of the children and youth of the city. The
commission shall respond to requests for comment and
recommendation on matters referred to the commission by
the council, the mayor, and any officers, agencies including
semi-autonomous agencies, and executive and legislative
branch advisory committees of the city.
3. The commission shall establish its rules of procedure
and adopt rules pursuant to law. The council may enact
ordinances, not inconsistent with this section, affecting the
commission.
4. The commission may employ staff as is necessary to
assist it in the performance of its duties.”
3. That in Section 2, new Charter material is underscored. When
revising, compiling, or printing these Charter provisions for
inclusion in the Revised Charter of the City and County of
Honolulu 1973 (2017 Edition), the Revisor of the Charter need
not include the underscoring.
4. That if these Charter provisions are amended by any other
Charter amendment approved by the electors in the 2020
general election, the Revisor of the Charter, in revising,
compiling, or printing the Charter:
a. May designate or redesignate articles, chapters, sections,
or parts of sections, and rearrange references thereto;
b. Shall, except as otherwise expressly provided in this
resolution or in the other resolution(s) amending these
Charter provisions, give effect, to the extent possible, to
all of the amendments approved; and
c. May change capitalization or the forms of numbers and
monetary sums for the sake of uniformity.
5. That upon adoption of this resolution by the Council, the City
Clerk be and is hereby directed:
a. To prepare the necessary ballots with the question
contained in this resolution and with spaces for “yes”
and “no” votes on the question for presentation to the
electors at the 2020 general election. The City Clerk may
make technical and nonsubstantive changes to the form
of the question presented in order to conform it to the
form of other Charter amendment questions presented to
the electors at the same election; and
b. To publish the above-proposed Charter amendments at
length in a daily newspaper of general circulation in the
City and County of Honolulu at least 45 days prior to their
submission to the electors at the 2020 general election.
6. That upon approval of the Charter amendment question posed
in this resolution by a majority of the electors voting thereon,
as duly certified, the Charter amendments proposed in this
resolution shall take effect on January 2, 2021.
“Shall the Revised City Charter be amended to allow the
Honolulu Ethics Commission to control its own budget after it
has been enacted?”
YES ____________
NO ____________
The text of RESOLUTION NO. 19-331, is reproduced as follows:
RESOLUTION 19-331
INITIATING AMENDMENTS TO THE REVISED CHARTER OF
THE CITY AND COUNTY OF HONOLULU 1973 (2017 EDITION),
RELATING TO THE HONOLULU ETHICS COMMISSION.
WHEREAS, Section 11-107 of the Revised Charter of the
City and County of Honolulu1 1973 (2017 Edition) (“Charter”),
establishes an Ethics Commission (“Commission”) composed of
seven members appointed by the Mayor and Confirmed by the
Council to staggered five-year terms; and
WHEREAS, the Commission is attached to the Department of
the Corporation Counsel for administrative purposes only; and
WHEREAS, because the Commission is attached to the
Department of the Corporation Counsel for administrative
purposes, the Department of the Corporation Counsel/City
Administration, may, after the annual executive operating
budget ordinance has been enacted, impose restrictions on the
Commission’s budgeted expenditures; and
WHEREAS, the 2016 Charter Commission proposed, and the
electorate ratified, an amendment to the Charter that prohibits
the City Administration from withholding funding that has been
approved by the Honolulu City Council (“Council”) for the
operation of the Department of the Prosecuting Attorney; and
WHEREAS, the Council believes that similarly prohibiting
the City Administration from withholding funding that has been
approved by the Council for the Commission would allow the
Commission greater autonomy from the City Administration and
further the Commission’s ability to carry out the Commission’s
Charter-prescribed duties efficiently and effectively; now,
therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu:
1. That the following question be placed on the ballot for the 2020
general election:
“Shall the Revised City Charter be amended to allow the
Honolulu Ethics Commission to control its own budget after
it has been enacted?”
2. That Section 9-106 of the Revised Charter of the City and
County of Honolulu 1973 (2017 Edition) (“Administration and
Enforcement of the Budget Ordinances”) be amended by
amending subsection 2 to read as follows:
“2. Administration and enforcement of the executive
operating budget ordinance:
(a) The enactment of the executive operating budget
ordinance or any supplementary appropriation shall
constitute an appropriation of the sums specified therein
for the purposes and from the funds indicated. Such
appropriation shall be considered valid only for the fiscal
year for which made, and any part of such appropriation
which is not encumbered or expended shall lapse at the
end of the fiscal year. Executive agencies authorized to
make expenditures under the executive operating 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.
(b) Immediately following the enactment of the executive
operating budget ordinance, the heads of all executive
agencies, including the prosecuting attorney[,] and
the chair of the ethics commission, shall submit to the
director of budget and fiscal services schedules,
supported by work programs, 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. The director of budget and fiscal
services shall approve or issue no requisition, purchase
order, voucher, or warrant that is not in accordance with
an allotment.
(d) [The] Except as provided in paragraph (e), allotments
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) The expenditure [schedule] schedules submitted by the
prosecuting attorney and chair of the ethics commission
shall constitute [a] budgetary [allotment,] allotments,
without the approval by the mayor, which shall, unless
a revision thereof is made by the prosecuting attorney[,]
or chair of the ethics commission, be binding upon the
prosecuting attorney[,] and ethics commission. The
director of budget and fiscal services shall approve or
issue no requisition, purchase order, voucher, or warrant
that is not in accordance with an allotment. The allotments
herein provided may not be altered at any time by the
mayor. The mayor shall not direct [appropriate] revisions
in allotments under this paragraph to keep expenditures
within the revenues received or anticipated.
(f) Any part of an allotment which is not expended or
encumbered shall lapse at the end of the allotment
period.
(g) The mayor may transfer an unencumbered appropriation
balance or portion thereof within the same department
only as prescribed by law. Transfers between departments
shall be made only by the council by ordinance upon the
recommendation of the mayor.
(h) The director of budget and fiscal services and the
director’s surety shall be liable for moneys withdrawn
from any operating fund other than in accordance with the
executive operating budget ordinance and allotments.”
3. That Section 11-107 of the Revised Charter of the City and
County of Honolulu 1973 (2017 Edition) be amended to read
as follows:
“Section 11-107. Ethics Commission—
There shall be [within the department of the corporation
counsel for administrative purposes only] an ethics commission
which shall consist of seven members. The commission shall be
governed by [the provisions of] Section 13103 [of this charter]. In
accordance with the prohibition in Article XIV of the Constitution of
the State of Hawaii, the members of the ethics commission shall
be prohibited from taking an active part in political management
or in political campaigns.
The commission may appoint such staff and engage
consultants as is necessary to assist it in the performance of its
duties. Such staff and consultants may include attorneys who
may advise the commission independently of the department of
the corporation counsel. All staff positions shall be exempt from
[the provisions of] Chapter 11 of Article VI [of this charter], but
such staff positions, except the position of executive director and
staff attorneys, shall be included in the position classification plan.
The executive director shall be an attorney qualified to practice
law in the State of Hawaii. The salaries of the executive director
and any staff attorneys of the ethics commission shall be set by
the ethics commission. The salary of the executive director shall
not exceed the salary of the first deputy corporation counsel and
the salaries of any other staff attorney shall not exceed the salary
of the executive director.
The chair of the commission shall establish an expenditure
schedule for appropriations made for the commission in the
executive operating budget ordinance. For all other administrative
purposes, the commission shall be within the department of the
corporation counsel.
The commission is authorized to hold hearings and to conduct
investigations concerning the application of this article [of the
charter] and shall have the powers provided in Section 13-114
[of this charter].
The commission may, on its own initiative, render advisory
opinions with respect to this article [of the charter]. An advisory
opinion shall be rendered pursuant to a written request of any
elected or appointed officer or employee concerned and may be
rendered pursuant to the request of any person. The commission
shall publish its advisory opinions with such deletions as may
be necessary to prevent disclosure of the identity of the persons
involved.
The commission may impose civil fines established by
ordinance against elected and appointed officers and employees
of the city with significant discretionary or fiscal power as
determined by ordinance, found by the commission to have
violated the standards of conduct established by this article [of
the charter] or by ordinance. The commission shall recommend
appropriate disciplinary action against officers and employees
found to have violated the standards of conduct established
by this article [of the charter] or by ordinance. The appointing
authority shall promptly notify the commission of the action taken
on the recommendation.”
4. That in Sections 2 and 3, Charter material to be repealed
is bracketed and stricken and new Charter material is
underscored. When revising, compiling, or printing these
Charter provisions for inclusion in the Revised Charter of the
City and County of Honolulu 1973, the Revisor of the Charter
need not include the brackets, the bracketed material, or the
underscoring.
5. That if these Charter provisions are amended by any other
Charter amendment(s) approved by the voters at the 2020
general election, the Revisor of the Charter, in revising,
compiling, or printing the Revised Charter:
a. May designate or redesignate articles, chapters, sections
or parts of sections, and rearrange references thereto;
b. Shall, except as otherwise expressly provided in this
resolution or in the other resolution(s) amending these
Charter provisions, give effect, to the extent possible, to
all of the amendments approved: and
c. Change capitalization or the form of numbers and
monetary sums for the sake of uniformity.
6. That upon adoption of this resolution by the Council, the City
Clerk be and is hereby directed:
a. To prepare the necessary ballots with the question
contained in this resolution and with spaces for “yes”
and “no” votes on the question for presentation to the
electors at the 2020 general election. The City Clerk may
make technical and nonsubstantive changes to the form
of the question presented in order to conform it to the
form of other Charter amendment questions presented to
the electors at the same election; and
b. To publish the above-proposed Charter amendments at
length in a daily newspaper of general circulation in the
City and County of Honolulu at least 45 days prior to their
submission to the electors at the 2020 general election.
7. That upon approval of the Charter amendment question posed
in this resolution by a majority of the electors voting thereon,
as duly certified, the Charter amendments proposed in this
resolution shall take effect July 1, 2021.
“Shall the Revised Charter be amended to require ethics
commission staff to be appointed based on merit principles,
but exempt them from the civil service position classification
plan, and to have the salaries of all ethics commission staff
set by the ethics commission, subject to specified limitations?”
YES ____________
NO ____________
CITY AND COUNTY OF HONOLULU
Charter Amendment
2020 GENERAL ELECTION
TUESDAY – NOVEMBER 3, 2020
PROPOSED BY THE CITY COUNCIL
PROPOSED CITY CHARTER AMENDMENTS
CITY AND COUNTY OF HONOLULU
FOR THE 2020 GENERAL ELECTION
The following questions to amend the Charter of the City of
Honolulu are being submitted to the people of the City and
County of Honolulu to be voted upon at the General Election on
Tuesday, November 3, 2020:
“Shall the Revised City Charter be amended to establish for the
Prosecuting Attorney of the City and County of Honolulu a term
limit of two consecutive full four-year terms, the same term limit
as is applicable to the Mayor and Councilmembers of the City
and County of Honolulu?”
YES ____________
NO ____________
The text of RESOLUTION NO. 19-35 is reproduced as follows:
RESOLUTION 19-35
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE
CITY AND COUNTY OF HONOLULU 1973 (2017 EDITION) TO
ESTABLISH A TERM LIMIT FOR THE PROSECUTING ATTORNEY
OF THE CITY AND COUNTY OF HONOLULU.
WHEREAS, the voters of the City and County of Honolulu
(“City”) have approved term limits for the elected offices of City
Councilmember and Mayor of the City, but have not established
term limits for the City’s elected Prosecuting Attorney; and
WHEREAS, the same policy reasons for limiting the terms of
Councilmembers and the Mayor, such as limiting the ability of City
officials to become entrenched in power and thereby in a position
to abuse the powers entrusted to them by the voters, apply to the
Prosecuting Attorney; and
WHEREAS, the possibility of an abuse of power by the City’s
Prosecuting Attorney, who has the authority to initiate criminal
proceedings and to threaten the initiation of criminal proceedings
against any person within the City, is particularly concerning; and
WHEREAS, the incumbent Prosecuting Attorney has served
three full four-year terms (1989-1993, 1993-1997, and 2013-2017),
been elected to serve an additional four year term (2017-2021),
and was also elected in a special mid-term vacancy election to
serve an approximately two-and-a-half additional years (2010 –
2013) as the City’s Prosecuting Attorney; and
WHEREAS, if serving until the end of the term to which
the incumbent Prosecuting Attorney has been elected, the
Prosecuting Attorney will have served in that office for in excess
of 18 years, and it is therefore appropriate to include the 2013-
2017 and 2017-2021 terms in the calculation of the term limits
applicable to the incumbent; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu:
1. That the following question be placed on the ballot for the 2020
general election:
“Shall the Revised City Charter be amended to establish for
the Prosecuting Attorney of the City and County of Honolulu
a term limit of two consecutive full four-year terms, the same
term limit as is applicable to the Mayor and Councilmembers
of the City and County of Honolulu?”
2. That Section 8-102 of the Revised Charter of the City and
County of Honolulu 1973 (2017 Edition) be amended to read as
follows:
“Section 8-102. Term of Office — The term of office of
the prosecuting attorney shall [commence] be four years
commencing at twelve o’clock meridian on the second day
of January following the prosecuting attorney’s election. No
person shall be elected to the office of prosecuting attorney
for more than two consecutive four-year terms.”
3. That Article 16 of the Revised Charter of the City and County
of Honolulu 1973 (2017 Edition) (“Transition Schedule”), be
amended to add a new section to be appropriately numbered
by the Revisor of the Charter and to read as follows:
“Section 16- . Transition Provisions Concerning the Term
Limits for the Prosecuting Attorney.
For purposes of the provisions of Section 8-102 establishing
term limits for the prosecuting attorney, the limitation shall
include any four-year term or terms to which the prosecuting
attorney in office as of the effective date of this section had
been elected prior to, as well as any four-year terms to which
that prosecuting attorney is elected following, the effective
date of this section.”
4. That in Sections 2 and 3 of this resolution, Charter material to
be repealed is bracketed and stricken and new Charter material
is underscored. When revising, compiling, or printing these
Charter provisions for inclusion in the Revised Charter of the
City and County of Honolulu 1973, as amended, the Revisor
of the Charter need not include the brackets, the bracketed
material, or the underscoring.
5. That if these Charter provisions are amended by any other
Charter amendment(s) approved by the voters at the 2020
general election, the Revisor of the Charter, in revising,
compiling, or printing the Revised Charter:
a. May designate or redesignate articles, chapters, sections
or parts of sections, and rearrange references thereto;
b. Shall, except as otherwise expressly provided in this
resolution or in the other resolution(s) amending these
Charter provisions, give effect, to the extent possible, to
all of the amendments approved; and
c. Change capitalization or the form of numbers and
monetary sums for the sake of uniformity.
6. That upon adoption of this resolution by the Council, the City
Clerk be and is hereby directed:
a. To prepare the necessary ballots with the question
contained in this resolution and with spaces for “yes”
and “no” votes on the question for presentation to the
electors at the 2020 general election. The City Clerk may
make technical and non-substantive changes to the form
of the question presented in order to conform it to the
form of other Charter amendment questions presented to
the electors at the same election; and
b. To publish the above-proposed Charter amendments at
length in a daily newspaper of general circulation in the
City and County of Honolulu at least 45 days prior to their
submission to the electors at the 2020 general election.
7. That upon approval of the Charter amendment question posed
in this resolution by a majority of the electors voting thereon, as
duly certified, the Charter amendments proposed in this resolution
shall take effect on January 1, 2021 and the Revisor of the Charter
is directed to insert this effective date wherever the phrase “the
effective date of this section” appears in the new Charter Section
16-_ enacted pursuant to Section 3 of this resolution.
“Shall the Revised City Charter be amended to establish a
Youth Commission under the Managing Director?”
YES ____________
NO ____________
The text of RESOLUTION NO. 19-329, CD1 is reproduced as
follows:
RESOLUTION 19-329, CD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF
THE CITY AND COUNTY OF HONOLULU 1973 (2017 EDITION),
AS AMENDED, RELATING TO THE CREATION OF A YOUTH
COMMISSION.
WHEREAS, according to the Hawaii State Legislature
(“Legislature”), Hawaii has the lowest youth voter participation
rate in the United States; and
WHEREAS, the Legislature found that in 2008, the voter
participation rate among 18 to 29-year-olds in Hawaii was 31
percent; and
WHEREAS, in addition, many youth are not yet eligible to vote
and are denied a formal role in the political process; and
WHEREAS, many of the most pressing issues in the City and
County of Honolulu (“City”), such as affordable housing and
public transportation, have direct impacts on island youth; and
WHEREAS, in 2018, the Legislature stated that increasing
youth participation in the public policymaking process was a
vital state interest and created a youth commission to advise
The text of RESOLUTION NO. 20-83, FD1 is reproduced as
follows:
RESOLUTION 20-83, FD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE
CITY AND COUNTY OF HONOLULU 1973 (2017 EDITION), AS
AMENDED, RELATING TO ETHICS COMMISSION STAFF.
WHEREAS, the Hawaii State Constitution provides that each
political subdivision of the state shall adopt a code of ethics, which
shall apply to appointed and elected officers and employees of
the political subdivision, including members of its boards and
commissions and registered lobbyists; and
WHEREAS, the Revised Charter of the City and County of
Honolulu 1973 (2017 Edition) (“Charter”), Article XI, establishes
standards of conduct that declare that elected and appointed
officials and employees shall demonstrate by their example the
highest standards of ethical conduct, to the end that the public
may justifiably have trust and confidence in the integrity of
government, and registered lobbyists; and
WHEREAS, Charter Section 11-107 establishes within the
Department of the Corporation Counsel of the City and County
of Honolulu (“City”), for administrative purposes only, an Ethics
Commission, which consists of seven members; and
WHEREAS, the Charter provides that the Ethics Commission
may appoint such staff and engage consultants as is necessary
to assist it in the performance of its duties, which includes among
other tasks, educating City officers, employees, and agents of
the Standards of Conduct under Charter Article XI and enforcing
the City’s policies regarding work-related conflicts of interest, gift
reporting and acceptance, disclosure of personal and financial
conflicts of interest, preferential treatment and misuse of city
resources, and lobbyist registration; and
WHEREAS, the Charter provides that Ethics Commission staff
shall be exempt from the provisions of Chapter 11 of Article VI
of the Charter (“Department of Human Resources”), but such
staff positions, except the position of executive director and staff
attorneys, shall be included in the position classification plan; and
WHEREAS, the City Council (“Council”) acknowledges that
the Ethics Commission has undertaken a rigorous multi-year
strategic planning effort and determined that a primary objective
is to strengthen the internal capabilities and procedures of the
Ethics Commission by ensuring adequate and fairly compensated
staffing; and
WHEREAS, the Council supports the Ethics Commission’s
strategic staffing objective to increase specialized staffing to
address identified deficiencies and inefficiencies, and to fulfill
State constitutional and Charter ethics program and lobbyist
program mandates; and
WHEREAS, the Council believes that exempting Ethics
Commission staffing from the position classification plan will assist
the Ethics Commission in attracting and retaining specialized
staffing to achieve its strategic objective; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu:
1. That the following question be placed on the 2020 general
election ballot:
“Shall the Revised Charter be amended to require ethics
commission staff to be appointed based on merit principles,
but exempt them from the civil service position classification
plan, and to have the salaries of all ethics commission
staff set by the ethics commission, subject to specified
limitations?”
2. That Sections 6-1103 and 11-107 of the Revised Charter of the
City and County of Honolulu 1973 (2017 Edition), as amended,
be further amended to read as follows:
“Section 6-1103. Civil Service and Executive Branch
Exemptions –
The provisions of this chapter of the charter shall apply
to all positions in the service of the executive branch. This
section shall apply to semi-autonomous agencies as though
they are departments of the executive branch. The following
positions shall be exempt from the provisions of this chapter
of the charter:
(a) Positions of officers elected by public vote; positions of
heads of departments; the position of the band director
of the Royal Hawaiian Band; the position of the executive
for housing; the position of the manager and chief
engineer of the board of water supply[,]; the executive
for climate change, sustainability and resiliency[,]; and
the manager of any semi-autonomous agency created by
ordinance.
(b) Positions in the office of the mayor, but such positions
shall be included in the position classification plan.
Employees of the civil defense agency and Royal
Hawaiian Band, other than the band director, shall not
be exempted from civil service.
(c) Positions of deputies of the corporation counsel,
deputies and administrative or executive assistants of
the prosecuting attorney and law clerks.
(d) Positions of members of any board, commission or
equivalent body.
(e) Positions of a temporary nature filled by students.
(f) Personal services obtained by contract where the
director has certified that the service is special or
unique, is essential to the public interest and that,
because of circumstances surrounding its fulfillment,
personnel to perform such service cannot be obtained
through normal civil service recruitment procedures.
Any such contract may be for any period not exceeding
one year.
(g) Personal services of a temporary nature needed in
the public interest where the need for the same does
not exceed one year, but before any person may be
employed to render such temporary service, the director
of human resources shall certify that the service is of a
temporary nature and that recruitment through normal
civil service recruitment procedures is not practicable.
(h) Personal services performed on a fee, contract or
piecework basis by persons who may lawfully perform
their duties concurrently with their private business or
profession or other private employment, if any, and
whose duties require only a portion of their time, where
it is impracticable to ascertain or anticipate the portion
of time devoted to the service of the city and when such
fact is certified to by the director of human resources.
(i) Positions of one first deputy; and for the [Honolulu
Police Department] police department one additional
deputy; private secretaries to heads of departments
and their deputies and to the executive for housing;
and the position of managing director, one first deputy
and private secretaries to each; but private secretarial
positions shall be included in the position classification
plan. The first deputy in the department of human
resources, however, shall not be exempt from civil
service.
(j) Positions or personal services in demonstration
programs and joint participation and special projects
which serve the community; provided that such
exemptions are required by federal law or rules and
regulations and then in accordance with procedures
established by ordinance.
(k) The following positions of the public transit authority:
(1) The executive director, deputy director(s), private
secretaries to the executive director and deputy
director(s); and
(2) Positions certified by the director of human resources
that require specialized knowledge and experience
in fixed guideway system planning, development,
operations, maintenance, and management, or
transit-
oriented development; provided that, except
for private secretarial positions, such positions shall
not be included in the position classification plan
and salaries for such positions shall be set by the
public transit authority.
(I) Positions in the liquor commission of the liquor
administrator and the deputy liquor administrator,
but such positions shall be included in the position
classification plan.
(m) Positions in the ethics commission.
The director of human resources shall determine the
applicability of this section of the charter to specific
employment or services in the executive branch.”
“Section 11-107. Ethics Commission –
There shall be within the department of the corporation
counsel for administrative purposes only an ethics
commission which shall consist of seven members. The
commission shall be governed by the provisions of Section
13-103 of this charter. In accordance with the prohibition
in Article XIV of the Constitution of the State of Hawaii, the
members of the ethics commission shall be prohibited from
taking an active part in political management or in political
campaigns.
The commission may appoint such staff and engage
consultants as is necessary to assist it in the performance
of its duties. Such staff and consultants may include
attorneys who may advise the commission independently
of the department of the corporation counsel. All staff
positions shall be exempt from the provisions of Chapter 11
of Article VI of this charter[, but such staff positions, except
the position of executive director and staff attorneys,
shall be included in position classification plan.], but staff
shall be appointed in a manner consonant with the merit
principles set forth in Section 6-1102 of this charter. The
executive director shall be an attorney qualified to practice
law in the State of Hawaii. The salaries of [the executive
director and any] all staff [attorneys] positions of the ethics
commission shall be set by the ethics commission. The
salary of the executive director shall not exceed the salary
of the first deputy corporation counsel and the salaries of
any other staff attorney shall not exceed the salary of the
executive director.
The commission is authorized to hold hearings and to
conduct investigations concerning the application of this
article of the charter and shall have the powers provided in
Section 13-114 of this charter.
The commission may, on its own initiative, render
advisory opinions with respect to this article of the charter.
An advisory opinion shall be rendered pursuant to a written
request of any elected or appointed officer or employee
concerned and may be rendered pursuant to the request
of any person. The commission shall publish its advisory
opinions with such deletions as may be necessary to
prevent disclosure of the identity of the persons involved.
The commission may impose civil fines established
by ordinance against elected and appointed officers and
employees of the city with significant discretionary or
fiscal power as determined by ordinance, found by the
commission to have violated the standards of conduct
established by this article of the charter or by ordinance.
The commission shall recommend appropriate disciplinary
action against officers and employees found to have
violated the standards of conduct established by this article
of the charter or by ordinance. The appointing authority
shall promptly notify the commission of the action taken on
the recommendation.”
3. That in Section 2, Charter material to be repealed is bracketed
and stricken and new material is underscored. When revising,
compiling, or printing these charter provisions for inclusion in
the Revised Charter of the City and County of Honolulu 1973
(2017 Edition), as amended, the Revisor of the Charter need
not include the brackets, the bracketed and stricken material,
or the underscoring.
4. That if these Charter provisions are amended by any other
Charter amendment approved by the electors at the 2020
general election, the Revisor of the Charter, in revising,
compiling, or printing the Charter:
a. May designate or redesignate articles, chapters,
sections, or parts of sections, and rearrange references
thereto; and
b. Shall, except as otherwise expressly provided in this
resolution or in the other resolution(s) amending these
Charter provisions, give effect, to the extent possible, to
all of the amendments approved.
The Revisor of the Charter may also change the capitalization
or the forms of numbers and monetary sums for the sake of
uniformity.
5. That upon adoption of this resolution by the Council, the City
Clerk be and is hereby directed:
a. To prepare the necessary ballots with the question
contained in this resolution and with spaces of “yes”
and “no” votes on the question for presentation to the
electors at the 2020 general election. The City Clerk
may make technical and nonsubstantive changes to
the form of the question presented in order to conform
it to the form of other Charter amendment questions
presented to the electors at the same election; and
b. To publish the above-proposed Charter amendments
at length in a daily newspaper of general circulation in
the City and County of Honolulu at least 45 days prior
to their submission to the electors at the 2020 general
election.
6. That upon approval of the Charter amendment question
posed in this resolution by a majority of the voters voting
thereon, as duly certified, the Charter amendments proposed
in this resolution shall take effect on January 1, 2021.