2006 CHARTER AMENDMENT In addition to the text shown relating to Chapter 5 (Department of Public Works) and Chapter 15 (Department of Environmental Management), certain non-substantive “housekeeping” amendments such as the renumbering of sections and references to the Department of Public Works and the Department of Environmental Management are also proposed. CHAPTER 5 DEPARTMENT OF PUBLIC WORKS Section 8-5.1. Organization. There shall be a department of public works consisting of a director and the necessary staff. Section 8-5.2. Director of Public Works. The director of public works shall be appointed and may be removed by the mayor. The director of public works shall have had a minimum of five years of experience in an administrative capacity, either in public service or private business, or both. Section 8-5.3. Powers, Duties, and Functions. The director of public works shall: 1. Administer the building, housing, and subdivision ordinances and rules adopted thereunder. 2. Approve proposed subdivision plans, which are in conformity with the subdivision ordinance. 3. Plan, design, build, and maintain the county's highways, and drainage and flood control systems. 4. Perform such other duties and functions as shall be assigned by the mayor. (Effective 07/01/07; Amended 2006) CHAPTER 15 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Section 8-15.1. Organization. There shall be a department of environmental management consisting of a director and the necessary staff. Section 8-15.2. Director of Environmental Management. The director of environmental management shall be appointed and may be removed by the mayor. The director of environmental management shall have had a minimum of five years of experience in an administrative capacity, either in public service or private business, or both. Section 8-15.3. Powers, Duties, and Functions. The director of environmental management shall: 1. Supervise waste management and control of pollution, including recycling, litter control, and protection of the unique beauty of Maui County. 2. Plan, design, build, operate, and maintain solid waste collection, processing and disposal systems, including recycling programs. 3. Plan, design, build, operate, and maintain the county's sewer treatment plants, pump stations, sewer lines, reclaimed water distribution systems, and related programs. 4. Perform such other duties and functions as shall be assigned by the mayor. (Effective 07/01/07; Amended 2006) CHAPTER 16 COST OF GOVERNMENT COMMISSION Section 8-16.1. Declaration of Policy. It is declared to be the policy of the county to promote economy, efficiency and improved service in the transaction of the public business in the legislative and executive branches of county by: 1. Limiting expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions. 2. Eliminating duplication and overlapping of services, activities, and functions. 3. Consolidating services, activities, and functions of a similar nature. 4. Abolishing services, activities, and functions not necessary to the efficient conduct of government. Section 8-16.2. Cost of Government Commission. For the purpose of carrying out the policy set forth herein the mayor with the approval of the council shall biennially appoint a cost of government commission consisting of nine members. Each such commission shall: 1. Prepare and submit to the mayor a request for an appropriation for the operation of the commission. 2. Study and investigate the organizations and methods of operations of all departments, commissions, boards, offices and other instrumentality of all branches of the county government and determine what changes, if any, may be desirable to accomplish the policy set forth herein. 3. Be authorized to secure directly from any department, commission, board, office, or any other instrumentalities of all branches of the county government or from any individual officer or employee of the county, information, suggestions, estimates, and statistics necessary to carry out its duties. 4. Submit a report of its findings and recommendations to the mayor and council not later than eleven months after its appointment. (Amended 1988) Section 8-16.3. Term of Commission. Members of the Cost of Government Commission shall serve for staggered terms of two years, with and initial appointment of four members to serve two year terms and five members to serve one year terms. A member may be reappointed, but shall not serve on the Commission for more than a total of four years. (Amended 1994) Renumbering of section effective 07/01/07. CHAPTER 17 CIVIL DEFENSE AGENCY Section 8-17.1. Organization and Functions. There shall be a civil defense agency whose powers, duties, functions and organization shall be as provided by law. The fire and public safety commission, as established in Section 8-7.2 herein, shall review the operations of the agency and make recommendations for changes which may be desirable to improve the performance of emergency functions and the provision of public safety services. The commission shall receive and investigate any complaints brought forth by the public against the conduct of the agency or any of its members and submit a written report of its findings and recommendations to the civil defense administrator for the administrator's disposition. (Amended 2002, 1986) Renumbering of section effective 07/01/07. CHAPTER 18 SALARY COMMISSION Section 8-18.1. Organization and Functions. There shall be a salary commission, which shall consist of nine members appointed by the mayor with the approval of the council. The members of this commission shall have five-year terms, and can be reappointed once to a second five-year term. Two members shall be appointed or reappointed each year, except that only one member shall be appointed or reappointed every fifth year. The commission shall determine the compensation of elected officials and appointed directors and deputy directors of all departments of the county provided, however, in establishing the compensation of appointed department heads and their deputies, the salary commission shall consult with those boards and commissions which have appointing authority for department heads. (Amended 2002, 1992, 1984) Renumbering of section effective 07/01/07. Section 9-20. Affordable Housing Fund. 1. In adopting fiscal years 2008 through 2011 annual operating budgets and capital improvements programs, the council shall appropriate a minimum of two percent (2%) of the certified real property tax revenues to a fund known as the affordable housing fund. In any fiscal year, the Council may make appropriations to the fund in addition to the minimum required appropriations. The revenues in this fund shall be utilized for the provision and expansion of affordable housing and suitable living environments for persons of very low to moderate income, which may include the rehabilitation of existing structures, land purchase or other acquisition of land or property entitlements, planning, design, and construction. 2. On an annual basis, no more than three percent (3%) of this fund shall be used for administrative expenses. 3. Any balance remaining in this fund at the end of each fiscal year shall not lapse, but shall remain in the fund, accumulating from year to year. The revenues in this fund shall not be used for any purpose except those listed in Subsection 9-20.1. or as defined by ordinance. 4. The council shall by ordinance establish procedures for the administration and expenditure of the revenues in this fund. The appropriations to this fund shall not substitute, but shall be in addition to, those appropriations historically made for the purposes stated in this section. (Effective 07/01/07; Amended 2006) Section 13-6. Claims. No action shall be maintained for the recovery of damages for any injury to person or property by reason of negligence of any officer or employee of the county unless a written statement stating fully when, where and how the injuries occurred, the extent thereof and the amount claimed therefor, has been filed with the county clerk within the time period as provided by law. (Amended 2006)