CITY AND COUNTY OF HONOLULU
PROPOSED CITY CHARTER AMENDMENTS
CITY AND COUNTY OF HONOLULU
FOR THE 2024 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 5, 2024.
Shall the Revised City Charter be amended to require that the City Council
appropriate, without having to simultaneously increase real property
tax rates to fund the appropriation, one-half of one percent of the City’s
estimated real property tax revenues in each fiscal year’s budget and
capital program, to be deposited into a Climate Resiliency Fund, the
purpose of which is to support initiatives and projects aimed at mitigating
the impacts of climate change, enhancing the resilience of the City’s
infrastructure and communities, and promoting sustainable practices?
YES_ ______________
NO________________
The text of Resolution 23-162, CD1 is reproduced as follows:
Resolution 23-162, CD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY
OF HONOLULU 1973 (AMENDED 2017 EDITION), AS AMENDED, RELATING TO A
CLIMATE RESILIENCY FUND.
WHEREAS, the City and County of Honolulu (“City”) is principally located on
the island of O’ahu, in a Pacific Ocean archipelago that is vulnerable to the effects
of climate change, including rising sea levels, increasing storm intensities, and
shifting weather patterns; and
WHEREAS, the impacts of climate change threaten the health, safety, and
welfare of City residents, and include damage to property, disruption of local
economies, and destruction or degradation of critical infrastructure; and
WHEREAS, the climate crisis is fundamentally altering the water cycles
experienced by O’ahu, increasing the frequency of storms and floods, and
straining the City’s waterways and systems; and
WHEREAS, the effects of climate change may disproportionately affect
marginalized and low-income communities on O’ahu, exacerbating existing
social and economic inequities; and
WHEREAS, scientific evidence indicates that these climate-related risks
will increase in the coming decades unless significant adaptive actions are taken;
and
WHEREAS, a proactive approach to climate change, including the creation
of a Climate Resiliency Fund to finance preventive, ameliorative, and educational
measures is more cost-effective than a reactive approach that only addresses
problems after they occur; and
WHEREAS, a Climate Resiliency Fund could support:
1. Projects that enhance the City’s resiliency to climate change
impacts, including investments in green infrastructure, indigenous
knowledge-informed solutions, invasive species prevention and
control, renewable energy, and coastal protection measures;
2. Mitigation of the effects of climate change on the City’s waterways,
wetlands, streams, drainageways, channels, and water systems;
and
3. Efforts to educate residents about the impacts of climate change
and the importance of resilience, to foster a community-wide
understanding and response to this global challenge; and
WHEREAS, the City Council (“Council”) finds that real property tax
revenues may be appropriated to support the creation of a Climate Resiliency
Fund without having to simultaneously increase real property tax rates to fund the
appropriation, which would demonstrate the City’s commitment to safeguarding
its residents, economy, and natural environment against climate change impacts
for future generations; and
WHEREAS, Section 9-204, Revised Charter of the City and County of
Honolulu 1973 (Amended 2017 Edition), as amended (“Charter”), establishes
the Clean Water and Natural Lands Fund and the Affordable Housing Fund,
each funded by one-half of one percent of the City’s estimated real property tax
revenues appropriated in each fiscal year’s budget and capital program; and
WHEREAS, the Council believes that the establishment of a Climate
Resiliency Fund, funded by one-half of one percent of the City’s estimated annual
real property tax revenues (similar to the appropriations for the Clean Water and
Natural Lands Fund and the Affordable Housing Fund), will support initiatives
and projects aimed at mitigating the impacts of climate change, enhancing the
resilience of the City’s infrastructure and communities, and promoting sustainable
practices; and
WHEREAS, since the funding for the Climate Resiliency Fund would
be appropriated in each fiscal year’s budget and capital program, most of the
moneys deposited into the Climate Resiliency Fund would be used toward capital
improvement projects; and
WHEREAS, pursuant to Charter Section 15-101, the Council may initiate, by
resolution, amendments to the Charter; and
WHEREAS, pursuant to Charter Article 15, the Mayor’s approval is required
for any Charter amendment proposed by the Council at a general election held in
a year ending in a “4”; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu:
1. That the following question be placed on the 2024 general election ballot:
“Shall the Revised City Charter be amended to require that the City
Council appropriate, without having to simultaneously increase real
property tax rates to fund the appropriation, one-half of one percent of
the City’s estimated real property tax revenues in each fiscal year’s budget
and capital program, to be deposited into a Climate Resiliency Fund, the
purpose of which is to support initiatives and projects aimed at mitigating
the impacts of climate change, enhancing the resilience of the City’s
infrastructure and communities, and promoting sustainable practices?”
2. That Section 9-204, Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is amended to read as follows:
“Section 9-204. Clean Water and Natural Lands Fund [and], Affordable
Housing Fund, and Climate Resiliency Fund –
1. There shall be established a Clean Water and Natural Lands
Fund [and], an Affordable Housing Fund[.], and a Climate Resiliency Fund.
In adopting each fiscal year’s budget and capital program, the council
shall appropriate one and a half percent of the estimated real property tax
revenues, [one-half] one-third of which shall be deposited into the Clean
Water and Natural Lands Fund [and the remaining one-half], one-third
of which shall be deposited into the Affordable Housing Fund[.], and the
remaining one-third of which shall be deposited into the Climate Resiliency
Fund.
2. Moneys in the Clean Water and Natural Lands Fund shall be used:
(a) To purchase or otherwise acquire real estate or
any qualified interest therein for land conservation
in the city for the following purposes: protection of
significant watershed lands to preserve water quality
and water supply; preservation of significant forests,
beaches, coastal areas, and agricultural lands; 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; conservation of land to significantly reduce
erosion, floods, landslides, and runoff; and acquisition
of public access to public land and open space to yield
a significant public benefit. A qualified interest means
a perpetual conservation restriction by a qualified
organization [which] that has a commitment to protect
the conservation purposes and the resources to
enforce the restrictions; or
(b) For costs related to the operation, maintenance, and
management of lands acquired by way of this fund
that are necessary to protect, maintain, or restore
resources at risk on these lands, such as infrastructure,
environmental remediation, or improvements to provide
for public access and use of these lands: provided
that the costs related to operation, maintenance, and
management of lands acquired by way of this fund do
not exceed five percent of the moneys deposited into
the fund in the previous year.
3. Moneys in the Affordable Housing Fund shall be used to
provide affordable rental housing for persons earning sixty percent or less
of the median household income in the city for the following purposes:
provision and expansion of affordable rental housing and suitable living
environments in projects, which may include mixed-use, mixed-income
projects, having residential units that are principally for persons of low and
moderate income through land acquisition for, development of, construction
of, and/or capital improvements or rehabilitation to such housing, provided
that the funded housing remains affordable for at least sixty years.
4. Moneys in the Climate Resiliency Fund shall be used:
(a) To finance preventive, ameliorative, and educational
measures relating to experienced and anticipated
effects of climate change;
(b) To enhance the resiliency of the city to climate change
impacts, including investments in green infrastructure,
indigenous knowledge-informed solutions, invasive
species prevention and control, renewable energy, and
coastal protection measures;
(c) To mitigate experienced and potential flood impacts of
climate change by financing the construction, repair,
and maintenance of city-owned or city-controlled
waterways, wetlands, streams, drainageways,
channels, and water systems;
(d) To educate city residents about experienced and
anticipated impacts of climate change and the
importance of resilience, to foster a community-wide
understanding of and response to this global challenge;
provided that education-related costs acquired by way
of this fund do not exceed five percent of the moneys
deposited into the fund in the previous year; or
(e) To safeguard the city’s residents, economy, and natural
environment against climate change impacts for future
generations.
[4.] 5. The moneys in each fund may also be used for the payment
of principal, interest, and premium, if any, due with respect to bonds issued
subsequent to the enactment of this section and pursuant to Sections
3-116 or 3-117, in whole or in part, for the purposes enumerated in
subsections 2 [and], 3, and 4 of this section and for the payment of costs
associated with the purchase, redemption, or refunding of such bonds.
[5.] 6. At any given time, no more than five percent of the moneys in
each fund shall be used for administrative expenses.
[6.] 7. Any balance remaining in each 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 each fund shall not be used for any purposes except
those listed in this section.
[7.] 8. The department of land management shall receive proposals
for the use of funds in the Clean Water and Natural Lands Fund and shall
submit qualified proposals to [an] the advisory commission[,] established
pursuant to subsection 9, which shall make recommendations to the
council for approval[. All]; all proposals for uses of the Clean Water and
Natural Lands Fund shall be processed consistent with this procedure.
[8.] 9. There shall be established a Clean Water and Natural
Lands advisory commission to consider proposals submitted to it by the
department of land management and to submit recommendations to the
council for approval of expenditures under [this section.] subsection 2.
The commission shall consist of seven members, with three appointed
by the mayor, three appointed by the council, and one appointed by a
majority vote of the six appointed members. The members shall serve
for staggered terms of five years and until their successors have been
appointed and qualified. The initial appointments shall commence no later
than January 15, 2017, and shall be as follows:
(a) For an initial two-year term, two members, one each
appointed by the mayor and the council.
[(c)] ( b) For an initial three-year term, two members, one each
appointed by the mayor and the council.
[(d)] ( c) For an initial four-year term, two members, one each
appointed by the mayor and the council.
[(e)] ( d) For a five-year term, the member appointed by the
majority vote of the other six appointed members.
[9.] 10. The director of the department of budget and fiscal services
shall administer the [fund.] funds established under this section.
[10.] 11. The council shall, by ordinance, establish other procedures
for the administration and expenditure of moneys in each fund consistent
with this section. The appropriations to each fund shall not substitute for,
but shall be in addition to, those appropriations historically made for the
purposes stated in this section.”
3. That in Section 2 of this resolution, Charter material to be repealed is
bracketed and stricken and new Charter material is underscored. When
revising, compiling, or printing this Charter provision for inclusion in
the Revised Charter of the City and County of Honolulu 1973 (Amended
2017 Edition), as amended, the Revisor of the Charter need not include
the brackets, the material that has been bracketed and stricken, or the
underscoring.
4. That the Revisor of the Charter, in revising, compiling, or printing the
Charter, may change capitalization or the form of numbers and monetary
sums for the sake of uniformity.
If the Charter provision amended pursuant to this resolution is amended
by any other Charter amendment(s) approved by the electors at the 2024
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.
5. That upon adoption of this resolution by the Council of the City and County
of Honolulu and its approval by the Mayor, the City Clerk is directed to:
a. 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 2024 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. 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 2024
general election.
6. That upon approval of the Charter amendment question posed in Section
1 of 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, 2025.
Shall the Revised City Charter be amended to establish the Department of
Emergency Management as an independent agency of the City Executive
Branch by assigning the Department of Emergency Management a separate
chapter in the City Charter similar to the chapters assigned to all other City
departments; to provide that all Department of Emergency Management
positions, including its Director and Deputy Director, are subject to the civil
service laws; and to specify a minimum level of qualifications for the civil
service position of the Director of Emergency Management, with additional
minimum qualifications to be determined in accordance with civil service
laws?
YES_ ______________
NO________________
The text of Resolution 23-239 CD1, FD1 is reproduced as follows:
Resolution 23-239 CD1, FD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY
OF HONOLULU 1973 (AMENDED 2017 EDITION), AS AMENDED, RELATING TO
EMERGENCY MANAGEMENT.
WHEREAS, the City Council (“Council”) finds that the Department of
Emergency Management (“DEM”) plays a pivotal role in ensuring the safety and
well-being of the Residents of the City and County of Honolulu (“City”); and
WHEREAS, the DEM is tasked with developing, preparing, and assisting
in the implementation of the civil defense plans and programs of the City and
preparing for emergency disasters; and
WHEREAS, in 2007, the City’s Civil Defense Agency was redesignated as
the DEM, and in 2014, Section 127A-5, Hawaii Revised Statutes (“HRS”) was
enacted, which states that the director of each county emergency management
agency shall be subject to HRS Chapter 76; and
WHEREAS, HRS Chapter 76 is the State of Hawai’i’s (“State”) civil service
law, which is applicable to employees of the State and its counties; and
WHEREAS, HRS Section 76-1 states that civil service positions are to be
filled based on the merit principle, which is the selection of people based on their
fitness and ability for public employment and the retention of employees based on
their demonstrated appropriate conduct and productive performance; and
WHEREAS, HRS Section 76-1 further states that this merit principal will be
the policy for the human resource program of each county; and
WHEREAS, selection based on the merit principle includes an impartial
selection of individuals for public service by means of competitive tests that are
fair, objective, and practical; and
WHEREAS, the HRS does not list any other requirements or qualifications
for the City’s Director of Emergency Management positions; and
WHEREAS, Section 2-25.1, Revised Ordinances of Honolulu 2021 (“ROH”),
provides that the Director of Emergency Management shall be subject to the
civil service laws, and is not subordinate to or answerable to any person or
department with respect to State or City civil defense matters other than the
Mayor or the Managing Director; and
WHEREAS, the City’s civil service program is administered by the
Department of Human Resources (“DHR”); and
WHEREAS, currently, the DHR website lists the following duties and
responsibilities for the Director of Emergency Management class specification:
1. Directs, coordinates, and administers the plans, programs, activities,
and emergency management operations of the Department of
Emergency Management;
2. Coordinates emergency management activities and functions with
those of the State and Federal governments, and with other public
and private organizations;
3. Administers and coordinates U.S. Department of Homeland Security
mandates and programs;
4. Serves as the Mayor’s advisor for emergency management and
homeland security issues; and
5. Performs other related duties as required; and
WHEREAS, currently, the DHR website also lists the following qualifications
for the Director of Emergency Management class specification:
1. A combination of education and experience substantially equivalent
to graduation from an accredited college or university with major
work in business or public administration or a related field, and five
years of responsible administrative experience in government or a
large organization that involved developing and coordinating large
scale emergency plans and operations to be implemented in times of
emergencies or major disasters, two of which included supervising
emergency management or homeland security activities;
2. The ability to obtain Federal security clearance of secret or higher
prior to completion of probation;
3. Knowledge of Federal, State and local civil defense, emergency
management, and homeland security laws, ordinances, operations,
and objectives; principles and practices of program planning,
organization, and administration; organization of the Federal,
State, and local governments, particularly as they relate to or affect
emergency management and homeland security activities; report
writing; and public relations; and
4. The ability to analyze situations, make sound decisions, and act
decisively in emergencies; direct the development and maintenance
of detailed plans and procedures for the protection of residents
from threats or disasters; interpret applicable laws, ordinances,
and regulations; coordinate department activities with those of
numerous groups and organizations, including large numbers of
volunteers; establish and maintain cooperative relationships with
others; speak effectively with members of the media and before
groups; and prepare program plans, reports, and correspondence;
and
WHEREAS, the Revised Charter of the City and County of Honolulu, 1973
(Amended 2017 Edition), as amended (“Charter”), lists the DEM as an agency
directly under the City’s Managing Director, and does not refer to the Director
of Emergency Management as a civil service position that is subject to the DHR
class specification qualifications for that position; and
WHEREAS, an update to the Charter would reflect the current status of the
DEM as an independent agency of the City Executive Branch, and provide that all
DEM positions, including its Director and Deputy Director, are subject to the civil
service laws; and
WHEREAS, pursuant to Charter Section 15-101, the Council may initiate, by
resolution, amendments to the Charter; and
WHEREAS, pursuant to Charter Section 15-102.1, the Mayor’s approval
is required for any Charter amendment proposed by the Council at a general
election held in a year ending in a “4” or an “8”; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu:
1. That the following question be placed on the 2024 general election ballot:
“Shall the Revised City Charter be amended to establish the Department of
Emergency Management as an independent agency of the City Executive
Branch by assigning the Department of Emergency Management a separate
chapter in the City Charter similar to the chapters assigned to all other City
departments; to provide that all Department of Emergency Management
positions, including its Director and Deputy Director, are subject to the civil
service laws; and to specify a minimum level of qualifications for the civil
service position of the Director of Emergency Management, with additional
minimum qualifications to be determined in accordance with civil service
laws?”
2. That Section 3-122.1, Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is amended to read as follows:
“1. There shall be an independent salary commission to establish the
salaries of all elected officials, including the mayor, councilmembers,
and prosecuting attorney, and the following appointed officials:
managing director, deputy managing director, department head,
deputy department head, and band director[.]; provided that the
salary commission does not determine the salaries of directors and
deputy directors who are appointed in accordance with civil service
laws. The commission shall also establish schedules for salaries of
deputies of the corporation counsel and prosecuting attorney. The
commission shall consist of seven members, who shall serve for
staggered terms of five years and until their successors have been
appointed and qualified. The initial appointments shall commence
no later than January 15, 1993, and shall be as follows:
(1) Two members, one appointed by Two years
the mayor and one appointed by the
council
(2) Two members, one appointed by the Three years
mayor and one appointed by the council
(3) Two members, one appointed by the Four years
mayor and one appointed by the council
(4) One member appointed by the mayor Five years
and confirmed by the council
Each succeeding appointment shall be for a term ending five years
from the date of the expiration of the term for which the predecessor
had been appointed. The commission shall 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.”
3. That Section 6-103, Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is repealed.
[“Section 6-103. Department of Emergency Management –
There shall be a department of emergency management headed by
a director of emergency management who shall be appointed and may be
removed by the mayor in accordance with law. The director of emergency
management shall:
(a) Develop, prepare and, under disaster or emergency situations, assist
in the implementation of civil defense plans and programs to protect
and promote the public health, safety and welfare of the people of
the city.
(b) Coordinate the civil defense and emergency preparedness activities
and functions of the city with those of the state and federal
governments and other public or private organizations for civil
defense within the state.”]
4. That Section 6-104, Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is repealed.
[“Section 6-104. Citizens Advisory Commission on Emergency
Management –
There shall be a citizens advisory commission on emergency management
which shall consist of five members. The commission shall advise the
mayor, the council, and the director of emergency management on matters
pertaining to emergency management, and to the promotion of community
understanding and interest in such matters. The commission shall be
governed by the provisions of Section 13-103 of this charter.”]
5. That Section 6-1103, Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is 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, except for the director of emergency management;
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; the executive for
economic revitalization; 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 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[,] and the first deputy in the department of emergency
management, 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.
(l) 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.”
6. That Article VI, Revised Charter of the City and County of Honolulu 1973
(Amended 2017 Edition), as amended, is amended by adding a new
Chapter 19 to read as follows:
“CHAPTER 19 –
DEPARTMENT OF EMERGENCY MANAGEMENT
Section 6-1901. Organization –
There shall be a department of emergency management headed by
a director of emergency management, who is subject to the civil service
laws, and is appointed and may be removed by the mayor in accordance
with the law.
Section 6-1902. Director of Emergency Management, Qualifications –
The director of emergency management shall:
(a) Possess a minimum of five years of responsible administrative
experience in emergency management, disaster planning,
or public safety services management, at least two years
of which must have included supervising emergency
management or homeland security activities, or both; and
(b) Possess additional minimum qualifications determined by the
department of human resources for the director of emergency
management class specification, pursuant to Section 6-1109.
Section 6-1903. Director of Emergency Management, Powers, Duties,
Functions –
The director of emergency management shall:
(a) Develop, maintain, and implement emergency management
plans for the city to prepare for, mitigate against, respond to,
and recover from emergencies and disasters.
(b) Coordinate the emergency management activities and
functions within the city with those of the state and federal
governments, and with other public or private organizations
for emergency management purposes.
(c) Assign lead and support responsibilities to city agencies and
personnel for emergency management functions.
(d) Implement training and exercise programs to improve the
ability of city agencies and personnel to carry out emergency
management functions.
(e) Provide public information and educational programs related
to emergency and disaster preparedness.
(f) Perform such other duties as may be required by law.
Section 6-1904. Citizens Advisory Commission on Emergency
Management –
There shall be a citizens advisory commission on emergency
management that consists of five members. The commission shall advise
the mayor, the council, and the director of emergency management on
matters pertaining to emergency management, and to the promotion of
community understanding and interest in such matters. The commission
shall be governed by the provisions of Section 13-103.”
7. That Article XVI of the Revised Charter of the City and County of Honolulu
1973 (Amended 2017 Edition), as amended, is amended by adding a new
section to be appropriately designated by the Revisor of the Charter and to
read as follows:
“Section 16-___. Transition Provisions Concerning the Director of
Emergency Management –
The 2024 charter amendments made to Article VI, Chapter 19,
shall not affect the term of any the incumbent director of emergency
management who is serving on January 1, 2025. Unless vacating the
office sooner, the incumbent shall retain the position until such time as the
incumbent vacates the office.”
8. That in Sections 2, 3, 4, 5, and 7 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
(Amended 2017 Edition), as amended, the Revisor of the Charter need not
include the brackets, the material that has been bracketed and stricken, or
the underscoring.
9. That the Revisor of the Charter, in revising, compiling, or printing the
Charter, may change capitalization or the form of numbers and monetary
sums for the sake of uniformity.
If the Charter provisions amended pursuant to this resolution are amended
by any other Charter amendment(s) approved by the electors at the 2024
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.
10. That upon adoption of this resolution by the Council of the City and County
of Honolulu, and its approval by the Mayor, the City Clerk is directed to:
a. 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 2024 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. 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 2024
general election.
11. That upon approval of the Charter amendment question posed in Section 1
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, 2025.
Shall the Revised City Charter be amended to establish an Ocean Safety
Commission to review and make recommendations on certain activities of
the Department of Ocean Safety and to appoint and remove the Chief of
Ocean Safety?
YES_ ______________
NO________________
The text of Resolution 24-050, FD1 is reproduced as follows:
Resolution 24-050, FD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY
OF HONOLULU 1973 (AMENDED 2017 EDITION), AS AMENDED, RELATING TO THE
ESTABLISHMENT OF A DEPARTMENT OF OCEAN SAFETY.
WHEREAS, the City Council (“Council”) recognizes that ocean safety is a
public safety necessity for an island society like that of the City and County of
Honolulu (“City”); and
WHEREAS, the Department of Emergency Services is currently composed
of the Administration Division, the Emergency Medical Services Division, the
Ocean Safety Division, and the Health Services Branch; and
WHEREAS, the Director of Emergency Services has many responsibilities as
described under Section 6-603(a) of the Revised Charter of the City and County of
Honolulu 1973 (Amended 2017 Edition), as amended (“Charter”), including: being
the City’s primary provider of emergency medical care; developing and providing
training and educational programs related to emergency medical services and
injury prevention; being responsible for medical matters relating to public health
and welfare; and being responsible for the administration of the City’s health
services programs and medical evaluations of current and prospective City
employees; and
WHEREAS, pursuant to Charter Section 6-603(b), the Director of Emergency
Services is also responsible for being the primary responder to emergencies
arising on the beach and in the near shore waters; and for carrying out training,
educational, and risk reduction programs related to ocean safety; and
WHEREAS, within the Department of Emergency Services’ Ocean Safety
Division (“Division”), there are currently 271 Water Safety Officers, eight rescue
ski teams, and 42 lifeguard towers in operation from 8:00 a.m. to 6:30 p.m.; and
WHEREAS, the Division is responsible for monitoring 227 miles of coastline
around the island of O’ahu; and
WHEREAS, the Division reported to the Council in January of 2024 that
it annually performs approximately 3,000 rescues and 1.4 million preventative
actions, and responds to approximately 40 drownings; and
WHEREAS, the need for the City to have a dedicated ocean safety
department has been a topic of discussion for several years, but with the State of
Hawai’i’s recent complete transfer of all emergency medical services functions
on O’ahu to the City, the need for a separate department of ocean safety has
become more urgent; and
WHEREAS, during his 2023 State of the City address, Honolulu Mayor Rick
Blangiardi announced the creation of a task force to study whether the people
of the City and visitors to O’ahu would be better and more efficiently served by
having separate departments for emergency medical services and ocean safety;
and
WHEREAS, this task force has recommended that ocean safety should be a
standalone public safety agency in the City, on an equal status with the Honolulu
Police and Fire Departments; and
WHEREAS, the Mayor has proposed to amend the Charter pursuant to his
reorganization power under Charter Section 4-202 via Resolution 24-103, which
would establish a Department of Ocean Safety; and
WHEREAS, if a separate City ocean safety department is established, the
Council believes it would be best administered by a board, creating accountability
and oversight similar to that provided by the City’s Fire Commission and Police
Commission over the City’s other public safety departments, the Honolulu Fire
Department and the Honolulu Police Department; and
WHEREAS, pursuant to Charter Section 15-101, the Council may initiate, by
resolution, amendments to the Charter; and
WHEREAS, pursuant to Charter Section 15-102.1, the Mayor’s approval
is required for any Charter amendment proposed by the Council at a general
election held in a year ending in a “4” or an “8”; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu:
1. That the following question be placed on the 2024 general election ballot:
“Shall the Revised City Charter be amended to establish an Ocean Safety
Commission to review and make recommendations on certain activities of
the Department of Ocean Safety and to appoint the Chief of Ocean Safety?”
2. That Article VI, Chapter __ of the Revised Charter of the City and County
of Honolulu 1973 (Amended 2017 Edition), as amended, as enacted by
Section 2 of Resolution 24-103, be amended to read as follows:
“CHAPTER __ –
DEPARTMENT OF OCEAN SAFETY
Section 6-__01. Organization –
There shall be a department of ocean safety headed by a [director]
chief of ocean safety who shall be appointed [and may be removed] by
the [mayor.] ocean safety commission. The chief may be removed by
the ocean safety commission only after being given a written statement
of the reasons for removal and an opportunity for a hearing before the
commission.
Section 6-__02. Statement of Policy –
It is hereby declared to be the purpose of this chapter of the charter
to establish in the city a system of ocean safety protection and prevention
and emergency rescue, which shall be based on qualified and professional
leadership and personnel.
Section 6-__03. [Director] Chief of Ocean Safety, Qualifications –
The [director] chief of ocean safety shall have a minimum of five
years of training and experience in ocean safety, at least three years
of which shall have been in a responsible administrative capacity.
Section 6-__04. Powers, Duties, and Functions –
The [director] chief of ocean safety shall:
(a) Perform ocean safety and emergency response work to save
lives, property, and the environment.
(b) Be the primary responder to emergencies arising on the
beach and in the near shore waters.
(c) Provide emergency medical care and general safety
measures to the public in cooperation with the department of
emergency services.
(d) Train, equip, maintain, and supervise a force of ocean safety
personnel.
(e) Provide ocean safety training, education, and risk reduction
programs relating to ocean safety.
(f) Perform such other duties as may be required by law.
Section 6-__05. Ocean Safety Commission –
There shall be an ocean safety commission, which shall consist
of five members. The commission may appoint such staff and engage
consultants as necessary for the performance of its duties. The commission
shall be governed by the provisions of Section 13-103 of this charter.
Section 6-__06. Powers, Duties, and Functions –
The ocean safety commission shall:
(a) Adopt rules necessary for the conduct of its business and review
rules for the administration of the department of ocean safety.
(b) Review the annual budget prepared by the ocean safety 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 ocean
safety chief.
(d) Evaluate at least annually the performance of the ocean safety
chief and submit a report on the evaluation to the mayor and
the council.
(e) Hear complaints of citizens concerning the department or its
personnel and, if deemed necessary, make recommendations
to the ocean safety chief on appropriate corrective actions.
(f) Submit an annual report to the mayor and the council on 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.”
3. That Section 4-104 of the Revised Charter of the City and County of
Honolulu 1973 (Amended 2017 Edition), as amended (“Appointment,
Confirmation and Removal of Officers and Employees”), as amended by
Section 3 of Resolution 24-103, be amended by amending subsection 1 to
read as follows:
“1. All departments and executive agency heads and the
managing director, as provided in Sections 5-201, 6-101, 6-105, 6-201,
6-301, 6-401, 6-501, 6-601, 6-701, 6-801, 6-901, 6-1101, 6-1201,
6-1301, 6-1401, 6-1501, 6-1701, and 6-1801[, and 6-__] shall be
nominated and, by and with the advice and consent of the council,
appointed and may be removed by the mayor, except as otherwise
provided by this charter. Department heads shall be duly registered voters
of the city and qualifications of department heads shall be as required by
this charter.”
4. That Article XVI of the Revised Charter of the City and County of Honolulu
1973, (Amended 2017 Edition) (“Transition Schedule”), be amended by
adding a new section to read as follows:
“Section 16-__. Transition Provisions Concerning the Term of the
Director of Ocean Safety –
The director of ocean safety holding the office on December 31,
2024, shall continue to serve as chief of ocean safety until a new chief
of ocean safety is appointed by the ocean safety commission pursuant to
Section 6-__01 of this charter.”
5. That in Sections 2 through 4 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
(Amended 2017 Edition), as amended, the Revisor of the Charter need not
include the brackets, the material that has been bracketed and stricken, or
the underscoring.
6. That the Revisor of the Charter, in revising, compiling, or printing the
Charter, may change capitalization or the form of numbers and monetary
sums for the sake of uniformity.
If the Charter provisions amended pursuant to this resolution are amended by
any other Charter amendment(s) approved by the electors at the 2024 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.
7. That upon adoption of this resolution by the Council and its approval by the
Mayor, the City Clerk is directed to:
a. 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 2024 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. 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 2024
general election.
8. That upon approval of the Charter amendment question posed in Section
1 of 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, 2025.
Shall the Revised City Charter provisions relating to the salaries for
Councilmembers be amended to cap any annual increase at no more than
five percent, require that any changes be tied to the average annual salary
changes of city employees in the City’s collective bargaining units, and
remove the Council’s authority to vote on its own raises?
YES_ ______________
NO________________
The text of Resolution 24-105, CD1 is reproduced as follows:
Resolution 24-105, CD1
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY
OF HONOLULU 1973 (AMENDED 2017 EDITION), AS AMENDED, RELATING TO
SALARIES.
WHEREAS, Section 3-122, Revised Charter of the City and County of
Honolulu 1973 (Amended 2017 Edition), as amended (“Charter”), creates an
independent Salary Commission of the City and County of Honolulu (“City”) to
annually establish:
(1) The salaries of all elected officials, including the Mayor,
Councilmembers, and Prosecuting Attorney, and the following
appointed officials: the Managing Director, Deputy Managing
Director, department heads, deputy department heads, and Royal
Hawaiian Band Director; and
(2) The schedules for salaries of the deputies of the Department of
the Corporation Counsel and the Department of the Prosecuting
Attorney; and
WHEREAS, the Salary Commission was first proposed by the 1981-1982
Charter Commission to create a permanent, equitable means for setting of
salaries for the policymakers of the City; and
WHEREAS, prior to 1985, the salaries of department heads and the
Mayor were determined by a formula established by ordinance, which factored
into negotiated collective bargaining agreement salaries, and the salaries of
Councilmembers were set by the City Council (“Council”) itself; and
WHEREAS, in the 1984 general election, the voters approved an amendment
to the Charter to create a Salary Commission for the setting of salaries of the
Mayor, Councilmembers, and the Prosecuting Attorney; and
WHEREAS, the 1991-1992 Charter Commission, believing the Salary
Commission would be more objective in the setting of salaries, proposed that
the Salary Commission also be given the power to set the salaries and salary
schedules of various appointed City officials; and
WHEREAS, in the 1992 general election, the voters approved the expansion
of the Salary Commission’s authority; and
WHEREAS, Charter Section 3-122.3 requires the Salary Commission to set
salaries in accordance with the principles of adequate compensation for work
performed, and preservation of a sensible relationship with the salaries of other
City employees; and
WHEREAS, Charter Section 3-122.2 provides the Council with the authority
to alter or reject its own salary increases as recommended by the Salary
Commission; and
WHEREAS, Charter Section 3-122.2 arguably places the Council in a
position that could be construed as a conflict of interest, as the Council is charged
with the discretion to explicitly reject or implicitly accept the Salary Commission’s
resolution, which may alter the Councilmembers’ compensation, giving the
Council the final decision on whether to increase its members’ own salaries; and
WHEREAS, the current process has resulted in the Council receiving no
raises in 19 out of the last 34 years, often because the Council rejected its own
raises via resolution or requested the Salary Commission to recommend no salary
adjustments; and
WHEREAS, an independent market study was commissioned to evaluate
executive and legislative branch salaries compared to similar jurisdictions, which
found that the 2022 City and County of Honolulu salaries were far below average,
including: Mayor 27% below average, Councilmembers 46% below average, and
Department Heads as much as 49% below market, and were also paid less than
counterparts in Maui County, Hawai’i County, and the State Legislature, despite
Councilmembers having a year round schedule and districts that are two to nine
times larger than State Representatives’ districts; and
WHEREAS, this resulted in a situation in which Councilmember salaries no
longer had a sensible relationship with the salaries of other City employees, which
was a significant contributing factor in the Salary Commission’s recommendation
of a one-time, catch-up raise in 2023; and
WHEREAS, the controversy caused by this one-time, catch-up raise
highlighted the inherent flaws in the City’s existing process for establishing the
salaries of its elected officials and certain appointed officials; and
WHEREAS, the Council believes amending the City’s process of setting
salaries and salary schedules for elected officials and certain appointed officials
is necessary to restore public trust; and
WHEREAS, pursuant to Charter Section 15-101, the Council may initiate, by
resolution, amendments to the Charter; and
WHEREAS, pursuant to Charter Section 15-102.1, the Mayor’s approval
is required for any Charter amendment proposed by the Council at a general
election held in a year ending in a “4” or an “8”; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu:
1. That the following question be placed on the 2024 general election ballot:
“Shall the Revised City Charter provisions relating to the salaries for
Councilmembers be amended to cap any annual increase at no more than
five percent, require that any changes be tied to the average annual salary
changes of city employees in the City’s collective bargaining units, and
remove the Council’s authority to vote on its own raises?”
2. That Section 3-122 of the Revised Charter of the City and County of
Honolulu 1973 (Amended 2017 Edition), as amended, be amended to read
as follows:
“Section 3-122. Salary Commission –
1. There shall be an independent salary commission to establish
the salaries of [all] the following elected officials[, including]: the mayor,
councilmembers, and prosecuting attorney, and the following appointed
officials: managing director, deputy managing director, department heads,
deputy department heads, and band director. The commission shall also
establish schedules for salaries of deputies of the corporation counsel and
prosecuting attorney. The commission shall consist of seven members,
who shall serve for staggered terms of five years and until their successors
have been appointed and qualified. The initial appointments shall
commence no later than January 15, 1993, and shall be as follows:
(1) Two members, one appointed by the mayor Two years
and one appointed by the council
(2) Two members, one appointed by the Three years
mayor and one appointed by the council
(3) Two members, one appointed by the Four years
mayor and one appointed by the council
(4) One member appointed by the mayor and Five years
confirmed by the council
Each succeeding appointment shall be for a term ending five years
from the date of the expiration of the term for which the predecessor
had been appointed. The commission shall 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 and by the
same appointing authority as for an original appointment.
2. The commission shall convene annually no later than the
first day of February, and shall, after holding at least one public hearing,
establish salaries and salary schedules in accordance with this section
no later than the first day of May subsequent [thereto, said] thereto. The
salaries and salary schedules [to be] set by the salary commission will
become effective prospectively [from] on the first day of the fiscal year
subsequent to their adoption by the [commission.] commission, subject
to subsection 3. The commission may meet at other times during the year
pursuant to its own rules, but may alter salaries and salary schedules no
more than once annually.
3. Any action of the commission altering the salaries shall be by
[resolution] resolutions accompanied by findings of [fact. Said resolution]
fact, which shall be filed with the office of the city clerk and forwarded to
the mayor and the [council but] council. A resolution altering the salaries of
councilmembers shall be separate from the resolution altering the salaries
and salary schedules of the other positions. The resolution altering the
salaries and salary schedules of positions other than councilmembers shall
take effect without [their] the concurrence of the council sixty calendar
days after its adoption unless [rejected] rejected, in whole or in part, by a
three-quarters vote of the council’s entire membership. [The council may
reject either the entire resolution or any portion of it.]
[3.]4. The commission shall set salaries in accordance with this
section, the principles of adequate compensation for work performed,
and preservation of a sensible relationship with the salaries of other city
employees.
For the purposes of setting the salaries of councilmembers,
preservation of a sensible relationship between those salaries and the
salaries of other city employees requires that any salary changes for
councilmembers be substantially equivalent to the average of the most
recent annual salary changes of employees in the city’s various collective
bargaining units. In determining the average of the most recent annual
salary changes of the city’s collective bargaining positions, the commission
shall consider the overall percentage of the salary changes for the
collective bargaining unit as well as the salary changes that result from the
employees’ time in service, lump-sum payments, and any other relevant
factors; provided that the commission may not increase the salary for
councilmembers by more than 5 percent from one fiscal year to the next.
[4.]5. The commission shall establish its rules of procedure and
adopt rules and regulations pursuant to law.
[5.]6. The commission shall employ consultants and staff as is
necessary to assist it in the performance of its duties.
[6.]7. The members of the salary commission shall serve without
compensation but shall be reimbursed for expenses, including travel
[expense] expenses necessary for the performance of their duties.”
3. That in Section 2 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 (Amended
2017 Edition), as amended, the Revisor of the Charter need not include
the brackets, the material that has been bracketed and stricken, or the
underscoring.
4. That the Revisor of the Charter, in revising, compiling, or printing the
Charter, may change capitalization or the form of numbers and monetary
sums for the sake of uniformity.
If the Charter provisions amended pursuant to this resolution are amended
by any other Charter amendment(s) approved by the electors at the 2024
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.
5. That upon approval of this resolution by the Council, and its approval by the
Mayor, the City Clerk is hereby directed to:
a. 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 2024 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. 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 2024
general election.
6. That upon approval of the Charter amendment question posed in Section
1 of 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, 2025.
OFFICE OF THE CITY CLERK
CITY AND COUNTY OF HONOLULU
GLEN I. TAKAHASHI, CITY CLERK