Article 2. Officers ^**

Sections:
    2-2.1    Additional duties.
    2-2.2    Inaugurate sound practices.
    2-2.3    Records.
    2-2.4    Acts by subordinate officer.
    2-2.5    Acting agency head.

Sec. 2-2.1    Additional duties.
    Each officer shall perform all duties required of such person's office by state law, the charter, and ordinances of the city and such other duties not in conflict therewith as may be required by the mayor. (Sec. 2-2.1, R.O. 1978 (1983 Ed.))

Sec. 2-2.2    Inaugurate sound practices.
    The heads of all executive agencies shall keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the mayor and managing director, such new practices as appear to be of benefit and service to the public. (Sec. 2-2.2, R.O. 1978 (1983 Ed.))

Sec. 2-2.3    Records.^*
    The heads of all agencies shall establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control and audit of agency activities and to form a basis for the periodic reports to the mayor. (Sec. 2-2.3, R.O. 1978 (1983 Ed.))

Sec. 2-2.4    Acts by subordinate officer.
    When any provision herein requires an act to be done by an agency head, the agency head may direct a subordinate to perform said act. (Sec. 2-2.4, R.O. 1978 (1983 Ed.))

Sec. 2-2.5    Acting agency head.
(a)    Absence Due to Illness, Incapacity or Temporary Absence from the City -- When Vacancy Occurs. An agency head may appoint with the approval of the mayor, an officer or employee in such person's department, to serve as acting agency head during the agency head's illness, incapacity or temporary absence from the city. As acting head such person shall execute all the powers and duties of the agency head. Vacancies resulting from death, resignation, dismissal or expiration of term of office of an agency head shall be filled in accordance with applicable provisions pertaining to that agency contained in the Revised Charter of the City and County of Honolulu. Notwithstanding any other provision to the contrary, any incumbent corporation counsel and prosecuting attorney whose term of office has expired coterminously with that of the appointing authority shall not serve in an acting or interim agency head capacity unless and until their appointments have been approved by the city council. Any person whose appointment fails to receive council's confirmation shall not be eligible for another appointment to the same office during the term of the appointing authority.
(b)    Additional Compensation for Temporary Absence of Agency Head. Any person designated as acting agency head pursuant to subsection (a) of this section shall not be entitled to the compensation received by the agency head; provided, that if an agency head's illness, incapacity or temporary absence from the city exceeds 10 continuous working days involving a single occurrence, such acting agency head shall be entitled to compensation paid to the agency head until the agency head returns; provided further, that such additional compensation shall be paid to the acting agency head retroactive to the termination of the 10 day waiting period.
(c)    Additional Compensation When Vacancy Occurs. Any person designated as acting agency head pursuant to subsection (a) of this section shall not be entitled to the compensation received by the agency head; provided, that if such vacancy exceeds 10 continuous working days involving a single occurrence, such acting agency head shall be entitled to compensation paid to the agency head until the position is filled; provided further, that such additional compensation shall be paid to the acting agency head retroactive to the termination of the 10 day waiting period.
(Sec. 2-2.5, R.O. 1978 (1983 Ed.))

    Article 3. Corporation Counsel ^*

Sections:
    2-3.1    Additional powers, duties and functions.
    2-3.2    Prohibited acts.
    2-3.3    Penalties.
    2-3.4    Procedure governing council approval for the settlement of claims against the city.

Sec. 2-3.1    Additional powers, duties and functions.
    The corporation counsel shall:
(a)    Prepare Ordinances. Prepare bills for enactment into ordinances or amendments of ordinances when so requested by the council or any committee or member thereof or the mayor or any city officer.
(b)    Council Meetings. Attend all council meetings in their entirety for the purpose of giving the council any legal advice requested by its members.
(c)    Prepare Legal Instruments. Prepare for execution and approve, as to form and legality, all contracts and instruments to which the city is a party and also approve, as to form and legality, all bonds required to be submitted to the city.
(d)    Settlement of Claims.
    (1)    By Corporation Counsel. Have the power to adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the city or in which the city is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment in excess of $5,000.00, provided the money to settle claims generally has been appropriated and is available therefor; and provided further, that a quarterly report of all settlements shall be filed with the council within 15 days after the end of each quarter.
    (2)    Outstanding Claims For or Debts Owed to the City. The corporation counsel shall determine whether or not any claim for the city or any debt owed to the city not in excess of $1,000.00 is collectible. If the corporation counsel determines that any claim for the city or any debt owed to the city is not collectible, the corporation counsel is authorized to advise the director of finance that any claim for the city or any debt owed to the city shall be stricken from the director of finance's records and such claim for the city or such debt owed to the city is extinguished.
    (3)    Private Claims Adjustment Service. Any private claims adjustment service which has been awarded a contract to provide coverage for liability by established bid procedures and where the deductible amount of any insurance is to be paid out of city funds, has the power to adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes and matters against the city for any injury or death to a person or damage to property; provided that before such service can commit the payment of any claim in excess of $15,000.00, it shall be first presented to the corporation counsel for approval.
(e)    Make Reports.
    (1)    Report of Decision. Report the outcome of any litigation in which the city has an interest to the mayor and council.
    (2)    Annual Report of Pending Litigation. Make an annual report to the mayor and council, as of the 15th day of January, of all pending litigation in which the city has an interest, and the status thereof.
(f)    Workers' Compensation. Investigate all cases in which workers' compensation is involved and appear on behalf of the city before the state workers' compensation board.
(g)    Keep Records.
    (1)    Suits. Keep a complete record of all suits in which the city had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its status if pending.
    (2)    Opinions and Titles. Keep a complete record of all written opinions furnished by the corporation counsel.
(h)    Settlement of Land Acquisition. Have the power to adjust, compromise, settle or submit to arbitration, any land acquisition requests referred to this office by other city agencies or eminent domain actions, causes of eminent domain actions in favor of or against the city or in which the city is concerned as purchaser, seller, condemnor or condemnee, now pending or which may hereafter arise, not involving or requiring payment in excess of $2,500.00, provided the money to settle any specific land acquisition or eminent domain action generally has been appropriated and is available therefor; and provided further, that a quarterly report of all settlements shall be filed with the council within 15 days after the end of each quarter.
(Sec. 2-3.1, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 2-3.2    Prohibited acts.
    The corporation counsel shall not:
(a)    Initiate, engage or participate in any legal action or proceedings in which the city, its officials and/or employees are not directly involved in or named as a party to a contemplated or ongoing legal proceeding.
(b)    Other than situations where corporation counsel is expressly authorized by federal or state statutes or city laws, bring action against a private person as defined in Section 1-4.1 without first obtaining the consent and approval of the city council which shall be manifested by an adopted council resolution.
(Sec. 2-3.2, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 2-3.3    Penalties.
    Penalty for violation of any provision of this article shall be a fine not to exceed $1,000.00 or one year's imprisonment or both. Prosecution in such cases shall be as provided by law for the prosecution of misdemeanors. (Sec. 2-3.3, R.O. 1978 (1983 Ed.))

Sec. 2-3.4    Procedure governing council approval for the settlement of claims against the city.
(a)    Except as otherwise provided in Section 2-3.1(d), no claim shall be adjusted, settled, or compromised without the prior approval of the council.
(b)    The council shall determine and specify from time to time, by resolution, claims for which all written offers of settlement are to be transmitted to the council by legal counsel. Upon adoption of such a resolution, legal counsel assigned to the claim specified in the council resolution shall transmit any written offer of settlement to the council promptly, but no later than three working days from the receipt of the offer, or prior to the expiration date of the offer, if any, whichever occurs first.
    Together with the offer, legal counsel shall transmit to the council: (i) the recommendation of the agency, officer or employee against whom the claim is made; and (ii) the recommendation of the legal counsel, as to whether to accept, reject, or make a counter-offer to the offer. If, due to the shortness of time within which to respond to an offer of settlement, legal counsel is unable to obtain a recommendation from the agency, officer or employee against whom the claim is made, legal counsel need include only legal counsel's recommendation in the transmittal. However, legal counsel shall obtain the recommendation of the affected agency, officer or employee as soon as practicable, and submit the recommendation in writing to the council.
(c)    The council may, after deliberation in executive session, accept or reject the offer, or propose a counter-offer. If the council decides to accept the offer of settlement, the council shall do so by adopting a committee report or a resolution specifying the terms of settlement and expressing its approval of the terms. The decision of the council to accept a settlement offer shall be binding on the city and on legal counsel. In the event the council rejects the offer or proposes a counter-offer, it shall so inform legal counsel in executive session. Legal counsel shall transmit the council's acceptance of the offer of settlement or the council's proposed counter-offer to the claimant promptly and without delay.
(d)    Nothing in this section shall preclude the corporation counsel from establishing procedures consistent with the provisions of the Code of Professional Responsibility governing all attorneys licensed to practice law in the State of Hawaii, and the charter, for the transmittal of settlement offers to the council involving claims not specified by the council pursuant to subsection (b). Further, nothing in this section shall preclude legal counsel from recommending to the council on legal counsel's own initiative, or at the request of the affected agency, officer or employee against whom a claim is made, offers to adjust, settle, or compromise any claim, or to recommend to the council that the city make an offer of settlement or judgment in any case in which the city, is a party.
(e)    Definitions. For the purposes of this section:
        "Charter" means the Revised Charter of the City and County of Honolulu 1973, as amended.
        "City" means the City and County of Honolulu, its agencies, officers and employees.
        "Claim" includes any claim, demand, debt, dispute or other matter in favor of or against the city, its agencies, officers or employees, initiated, brought or made by any person as defined in Section 1-4.1, or any federal or state agency. The term includes claims for injunctive, declaratory and extraordinary relief.
        "Legal counsel" includes the corporation counsel, deputies corporation counsel, special deputies and special counsel representing the city in any claim.
        "Special counsel" means the private attorney or law firm retained by the city pursuant to Revised Charter, Section 5-204.3, to represent the city.
        "Special deputies" means the private attorney or law firm appointed by the corporation counsel with the approval of the council pursuant to Revised Charter, Section 5-204.1, to represent the city.
(f)    Exception. The provisions of this section shall not apply to claims arising between the executive branch of city government and the council involving court litigation for which corporation counsel, or if corporation counsel has been disqualified, special counsel, has been retained to represent the agencies, officers or employees of the executive branch and either the attorneys in the office of council services or special counsel has been retained by council to represent the council.
(Added by Ord. 93-78)

    Article 4. Department of Finance ^*

Sections:
    2-4.1    Refund of license fees authorized.
    2-4.2    Additional powers, duties and functions.

Sec. 2-4.1    Refund of license fees authorized.
(a)    Legislative Findings and Declaration of Intent. The council finds that:
    Whenever a business license fee has been paid improperly or paid under circumstances when it need not have been paid or otherwise paid in excess of the amount required by law and such payments have been either voluntary, involuntary, the result of a mistake of law or of fact or any combination thereof and the payor has derived no benefit from the payment of such fee, there exists a moral obligation on the part of the City and County of Honolulu to refund said payment or such amount as represents the illegal excess collected over that required by law.
(b)    Director of Finance Authorized to Refund -- When. Upon the written request of the payor received within six months from the date of the erroneous payment, the director of finance may refund license fees or so much thereof as represents the illegal excess collected over the amount required to be collected by law or regulation when paid under the following conditions; when such fees need not have been paid but were in fact paid voluntarily or involuntarily, under a mistake as to the applicable law or mistake of fact provided that the payor has not derived any benefit from the payment of the license fee. If such a benefit has been derived therefrom as in the case of a payment made pursuant to a law or regulation subsequently declared by a court of competent jurisdiction to be invalid, only the amount of the fee, which when prorated over the term of the license represents the balance of the term for which the license fee was paid subsequent to the decision invalidating the law or regulation under which payment was made, shall be refunded; provided further, that notwithstanding the receipt of any benefits by the payor, payments made involuntarily as defined in subsection (d) of this section shall be refunded in their entirety.
(c)    Limitations. The authority granted the director of finance in subsection (b) of this section shall not extend to the payment of any other claims based on an asserted moral obligation.
(d)    Involuntary Payment. For the purposes of this article, involuntary payments shall be deemed to be those payments made under protest to prevent interference with or the closing of the payor's business or the arrest of such person. Similarly, payment made under the threat of force or procured by fraud shall be deemed involuntary.
(Sec. 2-4.1, R.O. 1978 (1983 Ed.))

Sec. 2-4.2    Additional powers, duties and functions.
(a)    Collection. The director of finance shall be the chief accounting officer of the city and shall:
    (1)    Collect and receive moneys due to or receivable by the city and issue receipts therefor or authorize other executive agencies to do so under conditions prescribed by the director of finance; and
    (2)    Have the responsibility of writing off uncollectible debts or accounts of $1,000.00 or less for moneys due the city, upon recommendation of or with the concurrence of the corporation counsel.
(b)    Payment--Check or Electronic Means.
    (1)    In all instances where money due the city is paid by check or electronic means, and the payment subsequently is dishonored by a bank or other financial institution when presented for collection, a service fee shall be assessed against the payor. The service fee shall be established and may be amended by the director of finance. The service fee shall be incorporated into the rules of the department of finance and shall not exceed the reasonable costs of the city relating to the processing and collection of dishonored checks, or electronic payments.
    (2)    Personal checks shall not be accepted by the city in payment of moneys due the city of less than one dollar.
    (3)    The director of finance may accept payments of city taxes and other amounts owed to the city made by electronic means, which in the director's discretion are determined acceptable to the city.
        If any payment by electronic means tendered for payment of any taxes or other amounts owed to the city is not paid by the bank, credit card company, or other financial institution, the person for whom such payment was tendered shall remain liable for the payment of the taxes or other amounts owed to the city, including the service fee established pursuant to paragraph (1), the same as if such payment had not been tendered.
    (4)    The director of finance may establish, where allowable, convenience and service fees for payments made by electronic means to be added to the amounts owed to the city. The convenience and service fees shall be adopted by rules of the department of finance and shall not exceed the reasonable costs of the city relating to the processing of the payments.
    (5)    For purposes of this subsection, payments made by "electronic means" shall include payments made by automated clearing house (ACH) transactions, fedwires, credit cards, charge cards, debit cards, stored value cards, and other electronic payment technology not yet developed.
(c)    Change Orders. The director shall report in writing to the council whenever:
    (1)    The city approves change orders for a city-financed construction project where the change orders result in an increase in project costs, which in aggregate exceed one of the following amounts:
        (A)    Seven percent of the original construction contract award, for construction projects involving renovations to existing buildings, structures or facilities; or
        (B)    Five percent of the original construction contract award, for construction projects involving new buildings, structures or facilities.
        The director's report to the council on the change orders shall include the amount of the original contract award, the amount appropriated for construction of the project, the amount of the appropriation for construction allocated for contingencies, the total number and total dollar amount of the change orders and the reason or reasons for the change orders. The director shall report to the council within 30 days of the approval of the change order or orders which result in the dollar amount of the change orders exceeding the limits set forth in paragraph (A) or (B), as the case may be. For the purposes of this subsection, a "contract award" means any separate award to a contractor for construction work to be done for a city-financed construction project, and a "city-financed construction project" means a project for which $500,000.00 or more in city funds have been appropriated; provided that funds originally from the state or federal government shall not be counted towards the $500,000.00 threshold.
    (2)    The actual completion date of a city-financed construction project, as defined in subdivision (1), occurs 90 days or more after its scheduled completion date, as set forth in the contract for the construction of the project. The director's report on the aforementioned projects shall include for each project the scheduled completion date, the actual completion date, the number of days that the project was overdue and the reason or reasons for the delay in completing the project. The director shall report to the council within 30 days of the completion of a project that was overdue by 90 days or more.
(Sec. 2-4.2, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 95-09, 96-17, 97-02, 97-14)

    Article 5. Risk Management

Sections:
    2-5.1    General.
    2-5.2    Definitions.
    2-5.3    Purchase of insurance.

Sec. 2-5.1    General.
    The director of finance shall establish a risk management
program to identify and control the city's exposure to liability. The program shall be administered by the department of finance. (Sec. 2-16.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 91-27, 97-02)

Sec. 2-5.2    Definitions.
    As used in this article, unless the context requires otherwise:
    "Risk" means the potential for financial loss through occurrences, including but not limited to accidents, personal injury, tort claims, legal obligations and natural disasters.
    "Risk management" means a management system to conserve the earning power and assets of the city by minimizing the financial effect of accidental losses. (Sec. 2-16.2, R.O. 1978 (1987 Supp. to 1983 Ed.))

Sec. 2-5.3    Purchase of insurance.
    The policies of insurance purchased pursuant to and in
accordance with the director of finance's risk management program shall be procured from companies authorized to do business in the State of Hawaii and according to the applicable laws and ordinances on competitive bidding. (Sec. 2-16.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 91-27, 97-02)

    Article 6. Department of Personnel. ^*

Sections:
    2-6.1    Director of personnel--Additional powers, duties and functions.
    2-6.2    Functions of the safety program administrator.

Sec. 2-6.1    Director of personnel--Additional powers, duties and functions.
    The director shall prepare and recommend to the civil service commission reasonable regulations to carry out applicable provisions of the charter. (Sec. 2-6.1, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

Sec. 2-6.2    Functions of the safety program administrator.
    The functions of the safety program administrator are assigned to the department of personnel. (Sec. 2-6.2, R.O. 1978 (1983 Ed.); Am. Ord. 96-58)

    Article 7. Department of Data Systems ^*

Sections:
    2-7.1    Qualifications.

Sec. 2-7.1    Qualifications.
    The director of data systems shall have had:
(a)    A minimum of five years of experience in an electronic data processing position, including experience with third generation concepts and hardware to include teleprocessing;
(b)    At least three years experience out of the five years experience in an administrative and managerial capacity; and
(c)    At least one year of experience out of the three years of experience in a comprehensive management capacity for the development, implementation and operation of business applications on a large scale computer system.
(Sec. 2-7.1, R.O. 1978 (1983 Ed.))

    Article 8. Department of Public Works ^**

Sections:
    2-8.1    Divisions.
    2-8.2    Used oil recycling program.
    2-8.3    Adopt-a-block graffiti and litter removal program.

Sec. 2-8.1    Divisions.
    The department of public works shall be divided under the chief engineer into the following divisions:
(a)    Division of Automotive Equipment Service. The division of automotive equipment service, under the supervision of a superintendent shall:
    (1)    Have charge of the municipal garage and be responsible for the custody, repair and maintenance of all garage, shop and automotive equipment assigned to and used by the department of public works of the city, except such stationary machinery as may more practicably be maintained by the division or department having control thereof.
    (2)    Furnish when needed all parts, accessories, gasoline, distillate, fuel oil, lubricants and tires necessary for the repair of all such automobiles, trucks, shovels, cranes, graders, sweepers, eductors, mixers, compressors and rollers.
    (3)    Furnish when needed for the use of other departments of the city, on a rental basis, such vehicular equipment as may be available to it from time to time.
    (4)    Have charge of the municipal corporation yard and any other place for the storing or housing of all such vehicular equipment belonging to the city.
    (5)    By proper methods keep a check upon the use of all vehicular equipment belonging to or under the jurisdiction of the city and from time to time report all instances of accidents or apparent abuse of such equipment to the department or division head concerned and to the chief engineer and the mayor. For the purpose of this subdivision, vehicular equipment belonging to or under the jurisdiction of the department of parks and recreation shall be deemed as belonging to or under the jurisdiction of the city.
    (6)    Municipal Automobiles to Be Kept in Garage. All automobiles belonging to the city and under the jurisdiction of the division of automotive equipment service shall be kept at the municipal corporation yard when not in the actual service of the city, except such automobiles as the chief engineer may specifically authorize to be kept elsewhere.
    (7)    Repairs. All repairs upon any such automobile, truck, shovel, crane, grader, sweeper, eductor, mixer, compressor, roller or machinery belonging to the city shall be made at the municipal garage to the fullest extent that the facilities of the garage permit, except repairs made in an emergency. The municipal garage shall also make repairs upon and furnish gasoline, oils, parts and accessories for equipment coming under the jurisdiction and control of other departments, excepting only the board of water supply, department of parks and recreation, police department and fire department, and it may, upon request, furnish such repairs, gasoline, oils, parts and accessories for such excepted departments.
    (8)    Accounting Records. It shall be the duty of the superintendent to keep a system of accounting records as shall be approved by the director of finance and the council so as to properly charge against the proper division, department or fund the cost of the service rendered and facilities furnished by the division of automotive equipment service and said cost shall be so charged.
    (9)    Reports by Superintendent. The superintendent shall make a full report to the chief engineer and the council not later than the 15th day of the month following the close of each quarter of all of the affairs of the superintendent's division, including therein, among other things, work done and equipment and stock on hand, equipment purchased and disposed of during such quarter. The report shall be made in such form and manner as shall be approved by the director of finance and the council.
    (10)    Fees or Rates Applicable to Automotive Equipment Charges. The fees or rates applicable to automotive equipment shall reflect the actual cost of services performed or contracted for, goods provided and overhead.
    (11)    Limitation. This subsection shall not be construed as authorizing the division of automotive equipment to control the routing and direction of equipment while in use by another division or department.
        The powers, duties, and functions provided to the division of automotive equipment service by this subsection shall not apply to motor vehicles used for the city bus system or special transit service. For the purpose of this limitation, "city bus system" and "special transit service" mean the same as defined under Section 13-1.1.
(b)    Division of Land Survey and Acquisition. The division of land survey and acquisition, under the supervision of a director, shall be responsible for surveys, title searching, appraising and negotiation for acquisition of lands and easements for rights-of-way for street widening and extensions, sewers, water, drainage and other public uses.
(c)    Division of Refuse Collection and Disposal. The division of refuse collection and disposal, under the supervision of a superintendent, shall be responsible for refuse collection and disposal operations and such other duties as may be assigned by the chief engineer.
(d)    Division of Road Maintenance. The division of road maintenance, under the supervision of a director, shall be responsible for the construction and maintenance of roads, streets, highways, footpaths, storm drain facilities and bridges.
(e)    Division of Engineering. The division of engineering, under the supervision of a director, shall be responsible for:
    (1)    Engineering services for public works and improvement district functions other than for sewers;
    (2)    The filing and safekeeping of engineering drawings and maps for the department of public works;
    (3)    Planning and regulating the numbering of all buildings in the city; and
    (4)    Reviewing private subdivision plans and inspecting the construction of said subdivisions.
(Sec. 2-8.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27, 93-31, 97-02)

Sec. 2-8.2    Used oil recycling program.
(a)    The department of public works shall establish a used oil recycling program. Under the program, the department, by January 1, 1990, shall:
    (1)    Establish and operate at least one used oil collection center; and
    (2)    Conduct used oil recycling education and promotion activities.
    In addition, the department may establish and provide a curbside used oil collection service, but only after establishment of at least one used oil collection center and commencement of the used oil recycling education and promotion activities.
(b)    For the purpose of this section, "used oil" means a petroleum-based oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(c)    The department shall establish at least one used oil collection center, at which used oil, generated from other than commercial or industrial activities, shall be accepted from individuals. Each center shall be established on the grounds of a solid waste disposal facility, wastewater treatment plant, wastewater pump station, corporation yard or other facility under the jurisdiction of the department, or at privately operated service stations designated by the department. Establishment shall be contingent upon a finding by the department that the used oil collection activity shall not unduly interfere with or endanger the employees or operations of the other facility. In the operation of the used oil collection center, the department shall not:
    (1)    Accept used oil from any business or any individual who has generated the used oil from commercial or industrial activities;
    (2)    Impose any charge on an individual for accepting used oil from the individual; or
    (3)    Pay any amount to an individual for accepting the used oil from the individual, except from funds appropriated by the council for the payment of incentives to encourage individuals to turn in used oil.
(d)    The department shall conduct used oil recycling education and promotion activities, which shall include, but not be limited to, the following:
    (1)    Promotion of public awareness of the hazards and detrimental effects which may result from disposal of used oil in the solid waste disposal system and wastewater treatment and disposal system;
    (2)    Promotion of public awareness of the hazards and detrimental effects which may result from release of used oil into the environment, especially the groundwater;
    (3)    Promotion of public awareness of the businesses and facilities to which used oil may be transported for lawful disposal; and
    (4)    Provision of information to businesses generating used oil of federal, state and city laws and rules concerning disposal of the used oil.
(e)    The department may establish a curbside used oil collection service, under which used oil shall be collected by the department from private dwellings and multi-unit residential buildings. If established, the department periodically on scheduled days, shall collect containers of used oil which are placed within the sidewalk area. The department shall establish the procedures for the collection of used oil, which shall be separate from the procedures for collection of refuse. Under no circumstances shall the department collect used oil from businesses, nor shall the department impose a charge for collection of the used oil.
(f)    Used oil accepted or collected by the department shall be disposed of under arrangement with a holder of a permit under HRS Chapter 342N, to transport, market or recycle used oil. The city may pay a fee or charge to the used oil transporter, marketer or recycler under an arrangement to transport, market or recycle the used oil. To keep that fee or charge to a minimum, the department may transport any collected or accepted used oil to the facility of the used oil transporter, marketer or recycler.
(g)    In the implementation of the used oil recycling program, the department shall comply with all applicable federal and state laws and rules. If a permit from the federal or state government is required to undertake any activity under the program, the department shall obtain the necessary permit.
(Added by Ord. 89-118)

Sec. 2-8.3 Adopt-a-block graffiti and litter removal program.
(a)    Establishment. The chief engineer shall establish an "Adopt-A-Block Graffiti and Litter Removal Program" which shall be administered by the department of facility maintenance. The chief engineer may adopt rules or policies and shall adopt forms necessary to implement this section.
(b)    Definitions. For the purposes of this section:
        "Adopter" means a person adopting a block or portion thereof under the program established pursuant to this section.
        "Block" means one side of any street, the length of such side extending between two consecutive intersections; or, in the case of a dead-end street, one side of such dead-end street, the length of such side extending between the dead-end and the nearest intersection.
        "Bus stop shelter or bench" means a shelter or bench owned by the city and located at an official or unofficial bus stop for the use of persons waiting for a city bus.
        "Curb" means the same as defined under Section 14-18.2.
        "Department" means the department of facility maintenance.
        "Graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances. "Graffiti" also means any unauthorized sticker, decal, or tape.
        "Person" means individuals, corporations, firms, associations, societies, communities, and assemblies.
        "Program" means the Adopt-A-Block Graffiti and Litter Removal Program established pursuant to this section.
        "Public facility" means any city-owned light post, traffic control box or device, or sign.
        "Sidewalk" means the same as defined under Section 14-18.2.
(c)    Elements of Program. The program shall at a minimum include the following elements:
    (1)    Interested persons may volunteer to remove or cover graffiti on walls, public facilities, and bus stop shelters and benches along a city block or blocks and remove litter from these facilities and public sidewalks and curbs along a city block or blocks specified by the persons, which block or blocks shall be deemed to be "adopted" by the persons for the purposes of this section. A portion of a block may be adopted, provided that the portion is a minimum of 200 feet in length.
        The adopter shall enter into an agreement with the department:
        (A)    To adopt the block or portion thereof for a minimum of two years; and
        (B)    To perform the applicable of the following on the same day at least four times a year:
            (i)    To remove litter from the public sidewalks and curbs along the adopted block or portion;
            (ii)    To remove or cover graffiti on walls and public facilities along the adopted block or portion; and
            (iii)    If there is a bus stop shelter or bench on the adopted block, to also remove or cover any graffiti on the shelter or bench.
    (2)    The department shall provide the adopter with the supplies and materials necessary to remove or cover the graffiti and collect the litter, including but not limited to cleaning agents, paint, brushes, trash bags, and gloves, at no charge to the adopter. The paint provided by the department need not match the existing color of the wall. The department also shall provide instruction on proper removal, painting, and safety procedures. The adopter shall return any unused or reusable supplies and materials to the department after each graffiti and litter removal operation. The department shall be responsible for the prompt removal of all filled trash bags after each graffiti and litter removal operation. This subdivision shall not preclude the adopter from providing its own supplies and materials, provided that they are approved by the department, or from removing filled trash bags.
    (3)    Walls not owned by the city shall not be subject to the program unless the adopter obtains the written consent thereto from the owner of the wall. The owner's consent shall be obtained on a form prescribed by the chief engineer and shall include a provision holding the city harmless with respect to claims for injury or damage by the owner or the owner's lessees, agents, employees, customers, or invitees arising from the removal or covering of the graffiti. The department shall assist the adopter in identifying the owner of any wall not owned by the city along the adopted block or portion thereof.
    (4)    All of the adopter’s participants shall be at least 12 years of age. The adopter shall provide adequate and necessary supervision of all participants under the age of 18. There shall be at least one adult supervisor for every five or fewer participants between the ages of 12 and 17. A signed parental release form shall be provided for every participant between the ages of 12 and 17.
    (5)    The agreement between the adopter and the department may be terminated by either party on written notice to the other.
(d)    Additional Authority of Chief Engineer. The chief engineer may:
    (1)    Declare a block or portion thereof as ineligible for the program if its location or physical attributes would pose safety hazards to the adopter or the public.
    (2)    Impose additional requirements for adoption not in conflict with this section and in the interests of public safety or necessary for practical administration of the program.
    (3)    Require the adopter or the owner of any wall along the adopted block or portion thereof who consents to inclusion of the wall in the program to execute such releases, indemnity agreements, and similar agreements as the chief engineer may deem advisable in consultation with the corporation counsel.
    (4)    Attach to a bus stop shelter or bench or bus stop sign pole a plaque citing the adopter's adoption of the block. To be eligible for a plaque, the block adopted shall consist of a city block which includes a city-owned bus stop shelter or bench on it. The chief engineer shall have the authority to determine whether and where to attach a plaque, but that authority shall be exercised in accordance with this subdivision and other applicable law or ordinance and after consultation with the director of transportation services. A plaque shall state: "______________ (Adopter's name) Adopt-A-Block Cleanup Program." It shall not include any other word or logo, trademark, symbol, or other image. The chief engineer shall determine the dimension, design, and coloring of a plaque; provided that, if the plaque is to be attached to a bus stop sign pole, it shall be smaller than the bus stop sign, attached beneath the sign, and designed and oriented so as not to constitute a traffic or pedestrian hazard. A plaque shall be deemed a "public sign," not "plaque," for the purpose of the Land Use Ordinance. When the chief engineer attaches or directs the attachment of a plaque in accordance with this section, the action shall be deemed a performance of a public duty for the purpose of HRS Chapter 445, Part IV.
(Added by Ord. 98-07; Am. Ord. 99-21)

    Article 9. Building Department

Sections:
    2-9.1    Additional powers, duties and functions.
    2-9.2    House numbering.
     2-9.3    Green building standards for city facilities.
     2-9. 4     Annual energy evaluation.

Sec. 2-9.1    Additional powers, duties and functions.
(a)    The director and building superintendent shall be charged with the supervision, direction and control of:
    (1)    The construction, repair, maintenance, structural condition and operation of city buildings, structures and grounds, except as otherwise provided by the charter or ordinance.
    (2)    The administration and enforcement of the building code, and all statutes and ordinances relating to the work of the building department.
    (3)    Inspecting, supervising, regulating and approving the construction, alteration, repair and moving of buildings, structures and certain accessories related thereto, such as electrical, plumbing and gas systems, as are prescribed by the building code and other statutes and ordinances related to the work of the building department.
(b)    Reports and Records. The director and building superintendent shall:
    (1)    Submit reports to the mayor, upon request, in addition to the submission of an annual report, covering the work of the building department during the preceding period. Such person shall incorporate in said report a summary of such person's recommendations as to desirable amendments to the building code and other related ordinances which such person administers and enforces; and
    (2)    Keep a permanent, accurate account of all fees and other moneys collected and received, the names of the persons upon whose account the same were paid, the date and amount thereof as authorized by the director of finance.
(c)    Valuation. The determination of value or valuation under any of the provisions of the building code shall be made by the director and building superintendent.
(d)    Right of Entry. Upon presentation of proper credentials, the director and building superintendent or such person's duly authorized representatives may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon such persons by the building code.
(e)    Stop Order. Whenever any building work is being done contrary to the provisions of the building code or any other statutes or ordinances related to the work of the building department, the director and building superintendent may order the work stopped by notice, in writing, served on any person engaged in the doing or causing such work to be done, and such person shall forthwith stop such work until authorized by the director and building superintendent to proceed with the work.
(Sec. 2-9.1, R.O. 1978 (1983 Ed.); Am. Ord. 91-27)

Sec. 2-24.2    Definitions.
    As used in this article:
    “Council proposal” means any proposal set forth in Section 2-24.1.
    “Development plan” means a development plan for a particular area within the city, as described in Revised Charter Section 6-1509, and sometimes referred to as a sustainable communities plan, codified in Chapter 24.
    “Director” means the director of planning and permitting.
    “Director’s alternative” means any ordinance or resolution proposed by the director as an alternative to a council proposal as provided in Section 2-24.4.
    “General plan” means the general plan for the city, as described in Revised Charter Section 6-1508.
    “Revised charter” means the Revised Charter of the City and County of Honolulu 1973, as amended.
    “Subdivision ordinance” means the city’s ordinance governing the subdivision and consolidation of land, as described in Revised Charter Section 6-1515.1, codified as Chapter 22.
    “Zoning ordinance” means:
    (1)    The land use ordinance, codified as Chapter 21; and
    (2)    An ordinance designating and redesignating land to one or more of the zoning districts specified in the land use
        ordinance.
(Added by Ord. 08-8)

Sec. 2-24.3    Initiation by the council.
(a)    A council proposal shall be initiated by adoption of a resolution by the council directing the director to process the proposal. The resolution shall state the reason for the proposal and shall attach a draft ordinance or resolution, as appropriate, setting forth the revision or amendment. Upon introduction of a resolution for a council proposal, the city clerk shall transmit a copy of the resolution to the director.
(b)    Prior to the adoption of the resolution pursuant to subsection (a), the director shall assist the council in the preparation of the council proposal by:
    (1)    Advising the council, within 30 days of the submission to the director of the introduced resolution, on the accompanying documentation, if any, needed to satisfy the director’s usual requirements for the commencement of processing of the type of proposal being considered (general plan amendment, development plan amendment, land use ordinance amendment, or rezoning of land) in the same manner as if proposed by the director. Any specification of required documentation shall be in sufficient detail to enable production of the documentation by third parties contracted by the council pursuant to subdivision (2);
    (2)    Providing documents and information in the possession and control of the department of planning and permitting, as requested by any councilmember, including but not limited to maps; provided, however, that this subdivision shall not require the director to prepare arguments, justifications, or analyses in favor of the council proposal. Requested documents shall be submitted to the council within 30 days of the submission to the director of a written request from any councilmember. The council may contract with third parties for the preparation of any documentation, and shall submit copies of such documentation to the director for the director’s review; and
    (3)    Advising the council on the sufficiency of any documentation prepared by the council or its contractor to accompany the proposal within 30 days of submission of the documentation to the director.
    The director’s assistance in the preparation of the council proposal pursuant to this subsection shall not be construed as the director’s support for or approval of the council proposal. The director’s failure to advise the council on the necessary documentation or the sufficiency thereof within the deadlines specified above shall constitute a waiver by the director of any objection for insufficient accompanying documentation. Any supporting documentation shall be attached to and be deemed an integral part of the resolution adopted.
(c)    Upon adoption of a resolution initiating a council proposal, the city clerk shall transit copies of the resolution to the director and, in the case of council proposals set forth in Sections 2-24.1(1), (2), and (3), the planning commission, along with a writing setting forth the date by which the director’s report and accompanying proposed ordinance or resolution are required to be submitted to the planning commission or the council, as applicable, under the deadlines set forth in Sections 2-24.4(a) and (b).
(Added by Ord. 08-8)

Sec. 2-24.4    Processing by the department.
(a)    Council proposals to revise or amend the general plan, any development plan, or a zoning ordinance. Within 270 days of the adoption of the resolution initiating a council proposal to revise or amend the general plan, any development plan, or a zoning ordinance, the director shall submit a report, accompanied by the proposed ordinance or resolution, to the planning commission. If the director proposes an alternative ordinance or resolution for consideration by the planning commission, both versions shall be attached to the director’s report in a form sufficient for introduction in the council.
(b)    Council proposal to revise or amend the subdivision ordinance. Within 270 days of the adoption of the resolution initiating a council proposal to revise or amend the subdivision ordinance, the director shall submit a report, accompanied by the proposed ordinance, to the council. If the director proposes an alternative ordinance, both versions shall be attached to the director’s report in a form sufficient for introduction in the council.
(c)    Extension of Deadline. Notwithstanding the foregoing, if the director finds that the council proposal involves complex issues that require additional time for review, the director may request a 60-day extension of the deadline as follows:
    (1)    Within the existing deadline, the director shall submit to the council a request for an extension of the deadline and an interim report describing the status of the director’s processing of the council proposal and the reasons that additional time is needed for processing.
    (2)    The council may approve or deny the proposed extension by adoption of a committee report or resolution. If the council fails to take final action on the proposed extension within 60 days after receipt of the director’s request, the extension shall be deemed denied. The city clerk shall advise the director and, for council proposals set forth in Sections 2-24.1(1), (2), and (3), the planning commission, in writing of the council’s action on the director’s extension request. If the council approves the extension, the clerk shall also advise the director and, for council proposals set forth in Sections 2-24.1(1), (2), and (3), the planning commission, in writing of the new date by which the director’s report and accompanying proposed ordinance or resolution are required to be submitted to the planning commission.
    (3)    If an extension of the deadline is approved by the council, the director may thereafter request subsequent extensions of the deadline in accordance with the procedures described above.
(Added by Ord. 08-8)

Sec. 2-24.5    Processing by planning commission.
(a)    The planning commission shall commence processing of a council proposal to revise or amend the general plan, any development plan, or a zoning ordinance, upon the first to occur of:
    (1)    Submission of the director’s report and proposed ordinance or resolution; or
    (2)    The director’s failure to transmit the report and proposed ordinance or resolution by the deadline required by this article, including any extensions approved by the council pursuant to Section 2-24.4(c).
(b)    The planning commission shall hold a public hearing on the council proposal and any director’s alternative within 45 days of the commencement of processing. Within 30 days of the close of the public hearing, the planning commission shall transmit through the mayor to the council the director’s report, if any, council proposal, and any director’s alternative, with its recommendations. If the director has proposed an alternative ordinance or resolution, the planning commission shall make recommendations on both the council proposal and the director’s alternative. The mayor shall submit the director’s report, if any, council proposal, any director’s alternative, and planning commission recommendations to the council within 30 days of receipt of the same from the planning commission.
(Added by Ord. 08-8)

Sec. 2-24.6    Action by council.
(a)    If the planning commission disapproves a council proposal to revise or amend the general plan, any development plan, or a zoning ordinance, or recommends a modification thereof not accepted by the council, or fails to make its report within a period of either 30 days after the close of its public hearing or 90 days after the commencement of processing by the commission pursuant to Section 2-24.5(a), whichever occurs first, the council may nevertheless consider and adopt such council proposal, but only by the affirmative vote of at least two-thirds of its entire membership.
(b)    If the director disapproves a council proposal to revise or amend the subdivision ordinance, or recommends a modification thereof not accepted by the council, or fails to submit his or her report and proposed ordinance to the council within the required deadline specified in Section 2-24.4(b), including any extensions approved by the council pursuant to Section 2-24.4(c), the council may nevertheless consider and adopt such council proposal, but only by the affirmative vote of at least two-thirds of its entire membership.
(Added by Ord. 08-8)

Sec. 2-24.7    Determination of submission date.
(a)    For the purposes of this article, a document shall be deemed submitted to the recipient when the document is received by the recipient.
(b)    The director shall cause the date and time of receipt by the department of planning and permitting of any of the following documents to be promptly stamped on the first page of the document, and notify the council in writing of the date of receipt:
    (1)    Any correspondence from the city clerk transmitting a copy of any introduced resolution for a council proposal pursuant to Section 2-24.3(a);
    (2)    Any correspondence from the council or any councilmember regarding the nature, preparation, or sufficiency of supporting documentation for the council proposal pursuant to Section 2-24.3(b); and
    (3)    Any correspondence from the city clerk transmitting a copy of any adopted resolution initiating a council
        proposal pursuant to Section 2-24.3(c).
(c) The planning commission shall cause the date and time of receipt by the commission of any director’s report on a council proposal, and accompanying proposed ordinance or resolution, to be promptly stamped on the first page of the report, and notify the council in writing of the date of receipt.
(d) The city clerk shall promptly stamp the date and time of receipt by the council of any report or recommendation from the director or the planning commission, and accompanying proposed ordinance or resolution, on the first page of the report or recommendation.
(e) If the date and time of receipt of a document is not stamped on a document, the document shall be deemed to be received by the recipient one day after the date set forth on the transmittal letter.
(Added by Ord. 08-8)

Sec. 2-24.8    Severability.
    If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. (Added by Ord. 08-8)

    Article 25. Oahu Civil Defense Agency ^*

Sections:
2-25.1    Civil defense administrator.

Sec. 2-25.1 Civil defense administrator.
(a)    The civil defense administrator shall serve in that capacity on a full-time basis.
(b)    The civil defense administrator shall be subject to the civil service laws.
(c)    Except as provided herein, the civil defense administrator shall not be made 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. With respect to state civil defense matters, the civil defense administrator shall be the first assistant to the state deputy director of civil defense for the city, subject to state law.
(Added by Ord. 87-97)

    Article 26. Employment of Private Attorneys as Special Counsel to
    Represent the City, its Agencies, Officers and Employees

Sections:
    2-26.1    Applicability.
    2-26.2    Definitions.
    2-26.3    Written contract required.
    2-26.4    Payment procedure.
    2-26.5    Quarterly reports required.
    2-26.6    Selection of legal representation.
    2-26.7    Control of fees--Reduction in hourly rates.

Sec. 2-26.1    Applicability.
(a)    The provisions of this article shall apply to the employment of private attorneys retained as special counsel to represent the city, its agencies, and its officers and employees sued for acts done in their official capacities, pursuant to Revised Charter, Section 5-204.3, when the corporation counsel has been disqualified from representing the city, its agencies, officers and employees.
(b)    The provisions of this article shall not apply to private attorneys retained:
    (1)    To represent the mayor or any councilmember in impeachment proceedings as provided by Revised Charter, Section 5-204.3;
    (2)    Pursuant to the city's consultant contract procedures;
    (3)    As special deputies appointed by the corporation counsel with the approval of the city council to represent the city pursuant to Revised Charter, Section 5-204.1;
    (4)    As special counsel employed by the council to represent the council pursuant to Revised Charter, Section 3-107.5;
    (5)    To defend police officers and fire fighters as provided in state law;
    (6)    By the Honolulu liquor commission to act as an adviser to or represent the commission or any of its employees or investigators in litigation; or
    (7)    By the department of water supply to act as an adviser to or represent the department in litigation.
(Added by Ord. 94-27)

Sec. 2-26.2    Definitions.
    As used in this article, unless the context otherwise requires:
    "City" means the municipal corporation known as the City and County of Honolulu.
    "Agency" means any office, department, board, commission or other governmental unit of the city, including the council and agencies of the legislative branch of the city, and unless otherwise specified in this article, semi-autonomous agencies.
    "Employee" means the same as defined in Revised Charter, Section 13-101.
    "Lawsuit" means any civil action filed in a court of law which names the city, an officer, employee or agency of the city as a defendant.
    "Officer" means the same as defined in Revised Charter, Section 13-101.
    "Private attorney" means an attorney in private practice who is licensed to practice or permitted by law to practice law in the State of Hawaii, and includes the law firm for which the private attorney works and all the attorneys associated with the law firm. (Added by Ord. 94-27)

Sec. 2-26.3    Written contract required.
(a)    No private attorney retained as special counsel pursuant to Revised Charter, Section 5-204.3, to represent the city, an officer, employee or agency of the city, shall be paid for legal services rendered except pursuant to a formal written contract. The contract shall be dated and signed by the private attorney retained, by the director of finance, and by the corporation counsel as approved as to form and legality. The contract shall also contain the signature of the officer, employee or head of the agency being represented by the private attorney, or in the case of special counsel representing the city or the city council, the signature of the chair of the council, as confirmation that the attorney has been selected by the officer, employee, agency or city.
(b)    The contract required by this section shall include, but need not be limited to, the following provisions:
    (1)    The name of the case and civil number for which the private attorney is being retained and the name of the represented party;
    (2)    The commencement date of legal services, the approximate date when the case is expected to be concluded, and an estimate of the total cost of the case, exclusive of any appeal;
    (3)    The categories and names of the private attorneys, if known, assigned to the case who will provide legal services and the hourly rate charged by each attorney;
    (4)    The nature of the work and the rates to be charged to the city for work performed by non-attorneys, including persons on contract with the private attorney who perform specialized services such as investigators, expert witnesses, etc.;
    (5)    Special rates, if any, which differ from the hourly rate specified in subdivision (3) for legal work performed by attorneys;
    (6)    A description of court costs and out-of-pocket expenses which will be charged to the city;
    (7)    Express agreements that:
        (A)    Should the case continue beyond the estimated date for conclusion, or the total cost exceed the estimated cost, the council shall be promptly informed in writing;
        (B)    No appeal shall be taken or settlement entered into in the case without the prior approval of the council;
        (C)    All settlement proposals received from the opposing party shall be transmitted to the council in a timely manner and within the time frame specified by the proposal, if any, for its acceptance or rejection;
        (D)    When requested, the attorney will attend meetings with the council or a council committee to discuss matters relating to the case;
        (E)    The attorney shall comply with all the applicable provisions of this article.
(c)    A copy of the executed contract shall be transmitted to the city clerk after it has been signed by all parties.
(Added by Ord. 94-27)

Sec. 2-26.4    Payment procedure.
(a)    Private attorneys shall bill the city on a monthly basis for services rendered. The billing shall identify the attorneys rendering services, the number of hours or fraction of an hour each attorney has worked, a description of the legal work performed, and an itemization of the costs being billed and the date each cost was incurred.
(b)    All billings for payment of legal fees to a private attorney shall be submitted to the department of corporation counsel for review and approval. Prior to making payment, the corporation counsel shall notify the council in writing that a billing for payment has been received and the amount of billing. The notification shall specify that unless objected to in writing by a majority of the council, the billing shall be approved for payment within 30 days from the council's receipt of the corporation counsel's notice. Upon request of a councilmember, the corporation counsel shall transmit copies of the billing to the councilmember.
(c)    In the event a majority of the council objects to the payment of all or a portion of the billing, the corporation counsel shall bring the objection to the attention of the private attorney and attempt to resolve the matter to the satisfaction of the council. No payment to the private attorney shall be made for any billing for which an objection has been made by a majority of the council and not resolved.
(Added by Ord. 94-27)

Sec. 2-26.5    Quarterly reports required.
    Beginning March 31 following the date of the enactment of this ordinance and every three months thereafter, the corporation counsel shall compile and transmit to the council, a report listing the names of all the cases, civil numbers and contract numbers for which a private attorney has been retained pursuant to the provisions of Revised Charter, Section 5-204.3, the date of commencement of each contract, the officer, employee, or agency being represented, the total amount of legal fees billed, the total amount of legal fees paid, and the amount of legal fees remaining unpaid.
(Added by Ord. 94-27)

Sec. 2-26.6    Selection of legal representation.
(a)    A single defendant named in a lawsuit.
    (1)    An officer or employee named. If an officer or employee of the city is sued for acts done solely in the performance of the officer's or employee's official duties, the officer or employee named shall be entitled to and shall select no more than one private attorney as special counsel to represent the officer or employee.
    (2)    An officer or employee named in official and personal capacities. If an officer or employee is sued for acts done in the performance of the officer's or employee's official duties and the complaint alleges that some acts were done outside the scope of the officer's or employee's official duties, if the council determines by resolution that:
        (i)    The acts for which the officer or employee is being sued were done solely in the officer's or employee's official capacity, and
        (ii)    The city will indemnify the officer or employee for any and all liability arising out of the lawsuit,
        the officer or employee shall be entitled to and shall select a single attorney as special counsel to represent the officer or employee.
    (3)    Agency named. If an agency is named in the lawsuit, the agency shall be entitled to and shall select no more than one private attorney as special counsel to represent the agency.
    (4)    City named. If the city is named in the lawsuit, the council shall select no more than one private attorney as special counsel to represent the city.
(b)    Multiple defendants named. If a lawsuit names multiple city defendants, each named defendant shall be entitled to and shall select no more than one private attorney to represent said defendant as special counsel, providing that the following shall apply to the following specified circumstances.
    (1)    If more than one officer or employee is named in a lawsuit for acts done in the performance of the officers' or employees' official duties, unless a conflict of interest arises between two or more of the officers and employees, the officers and employees shall select a single private attorney as special counsel to represent all the officers and employees jointly. If the officers and employees cannot agree on a single private attorney, the council by resolution, shall select a private attorney to represent the officers and employees.
    (2)    If more than one officer or employee is sued for acts done in the performance of the officers' or employees' official duties and the complaint alleges that some acts were done outside the scope of the officers' or employees' official duties, if the council determines by resolution that:
        (i)    The acts for which the officers and employees are being sued were done solely in the performance of the officers' and employees' official duties, and
        (ii)    The city will indemnify the officers and employees for any and all liability arising out of the lawsuit,
        unless a conflict of interest arises between two or more of the officers and employees, the officers and employees shall be entitled to and shall select a single private attorney to represent all the officers and employees jointly. If the officers and employees cannot agree on a single private attorney, the council by resolution shall select a private attorney to represent the officers and employees.
    (3)    If any agency is named in a lawsuit and one or more officers or employees of the agency are also named for acts done in the performance of their official duties, unless a conflict of interest arises between the agency and one or more of the officers and employees, the agency and the named officers and employees shall select a single private attorney to represent the agency and all the officers and employees jointly. If the agency, officers and employees cannot agree on a single private attorney, the council by resolution shall select a private attorney to represent the agency, officers and employees.
    (4)    If the city is named in a lawsuit and one or more officers or employees are also named for acts done in the performance of their official duties, unless a conflict of interest arises between the city and one or more of the officers and employees, the council shall select a single private attorney to represent the city and all the officers and employees jointly.
    (5)    If the city is named in the lawsuit and an agency is named in the same lawsuit, unless a conflict of interest arises between the agency and the city, the council shall select a single attorney as special counsel to represent the city and the named agency jointly.
(c)    No private attorney shall be paid by the city to represent an officer or employee of the city sued for acts done outside the scope of the officer's or employee's official duties, except as provided by Sections 2-26.6(a)(2) and 2-26.6(b)(2). If the corporation counsel is disqualified because of a conflict of interest from participation in the lawsuit, the council shall make the determination as to whether the matters raised in a lawsuit relate to an officer's or employee's official powers, duties and responsibilities.
(d)    Nothing herein shall preclude an officer or employee from employing, at the officer's or employee's own expense, additional private counsel to represent the officer or employee.
(Added by Ord. 94-27)

Sec. 2-26.7    Control of fees--Reduction in hourly rates.
    Reasonable fees billed to the city by private attorneys shall be paid at the rates specified in the written contract; except, where the fees billed, exclusive of court costs and out-of-pocket expenses, exceed the following amounts, the hourly rates payable to each attorney or category of attorneys specified in the written contract referred to in Sec. 2-26.3 and any special hourly rates specified in said contract shall be reduced by the following percentages and applied to fees billed in excess of the threshold amounts:
(a)    Where fees billed exceed $100,000.00, the hourly rates shall be reduced by five percent.
(b)    Where fees billed exceed $300,000.00, the hourly rates shall be reduced by 10 percent.
(c)    Where fees billed exceed $500,000.00, the hourly rates shall be reduced by 20 percent.
(d)    Where fees billed exceed $750,000.00, the hourly rates shall be reduced by 25 percent.
(e)    Where fees billed exceed $1,000,000.00, the hourly rates shall be reduced by 30 percent.
(Added by Ord. 94-27)

    Article 27. Volunteer Services Program

Sections:
2-27.1    Policy.
2-27.2    Definitions.
2-27.3    Volunteer services program--Established--Nondiscrimination--
     Coordinator.
2-27.4    Agency rights and responsibilities.
2-27.5    Volunteer benefits.
2-27.6    Volunteer policing program.
2-27.7    Rules.


Sec. 2-27.1    Policy.
    It is the policy of the City and County of Honolulu to:
(a)    Recognize the volunteer spirit in our citizenry as a fundamental ingredient to our democratic form of government;
(b)    Adhere to the principle that every citizen regardless of race, color, ancestry, politics, religion, sex, age, economic condition, physical or mental disability, or marital status has the right to participate voluntarily in city government;
(c)    Foster the use of volunteer services in city government to supplement, strengthen and support the ability of city agencies to accomplish their missions;
(d)    Demonstrate the vital role that volunteers can offer in assisting and augmenting city services;
(e)    Become a model employer by developing a program on the use of volunteer services and effectively using volunteers; and
(f)    Take a positive and active role in promoting the use of volunteers by city agencies in a manner that would benefit the volunteers as well as the agencies.
(Added by Ord. 95-14)

Sec. 2-27.2    Definitions.
    For the purposes of this article:
    "Agency" means any city agency within the executive branch, excepting the prosecuting attorney and the board of water supply.
    “Chief of police” means the chief of the Honolulu police department or the chief’s authorized designee.
    “Laws” includes Hawaii state statutes, city ordinances, and Hawaii state and city rules adopted pursuant to HRS Chapter 91.
    "Volunteer" means a person or organization who is willing to provide any of the following services with no monetary or material gain:
    (1)    Occasional service consisting of one-time, on-call or single-task service to any agency without receipt of any compensation, except as provided in this article; or
    (2)    Regular service consisting of activities on an ongoing or continuous basis to an agency without receipt of any compensation except as provided in this article; or
    (3)    Stipend service consisting of the receipt of a support allowance which then enables a person to provide voluntary service to an agency. The allowance may be for food, mileage and other related expenses but does not reflect compensation for work performed.
(Added by Ord. 95-14; Am. Ord. 97-02, 03-40)

Sec. 2-27.3    Volunteer services program--Established--Nondiscrimination--Coordinator.
(a)    A volunteer services program shall be established within a city department designated by the mayor. The director of the designated department may adopt rules to carry out the purposes of this article.
(b)    Except as otherwise provided in this article, no person shall, on the basis of sex, age, race, color, ancestry, religion, national origin, marital status, economic condition, physical or mental disability, or politics, be excluded from participation in the volunteer services program.
(c)    The volunteer services program shall be headed by a volunteer services coordinator who shall be charged with the following duties:
    (1)    In cooperation with each city agency, identify tasks that may be appropriately performed by volunteers;
    (2)    In cooperation with the department of human resources, develop written guidelines for the recruitment, screening, supervision and utilization of volunteers by city agencies;
    (3)    Serve as a central clearinghouse for volunteer recruitment for the city;
    (4)    Assist each agency in training existing staff on how to supervise, assist and support agency volunteers;
    (5)    Maintain a list of available volunteers and a list of jobs for which agencies are seeking volunteers;
    (6)    In cooperation with the director of budget and fiscal services, establish a risk management program aimed at minimizing the risk of liability to the city due to the volunteer service program while protecting volunteers from liability when performing services as city volunteers; and
    (7)    Prepare and submit an annual report to the council with a breakdown of the number of volunteers used by each agency, the number of volunteer service hours donated to each agency, the types of tasks performed by volunteers in each agency, and the cost of using volunteers by each agency.
(d)    Any volunteer used by the city shall be excluded from the civil service system of Revised Charter Article VI, Chapter 11, and any other public employee benefit program except those provided in this article.
(Added by Ord. 95-14; Am. Ord. 03-40)

Sec. 2-27.4    Agency rights and responsibilities.
(a)    An agency has the right to decline any offer of voluntary services, or if accepted, to release subsequently the volunteer whose services are no longer needed or whose performance is found unacceptable.
(b)    An agency utilizing the services of volunteers has the responsibility to:
    (1)    Use volunteers to extend city services without displacing regular, full-time employees;
    (2)    Provide volunteers with the orientation and training necessary to do work for the agency;
    (3)    Provide each volunteer with a designated supervisor to assist and direct the work of the volunteer;
    (4)    Allow volunteers to serve on a trial or probationary period for a specified period;
    (5)    Assign volunteers to tasks that are suited to their respective skills or geared to develop new skills; and
    (6)    Recognize volunteers for their services to the agency.
(Added by Ord. 95-14)

Sec. 2-27.5    Volunteer benefits.
(a)    An agency may reimburse volunteers for out-of-pocket costs incurred in carrying out their volunteer duties, consistent with the provisions of subsection (b), as deemed necessary to assist volunteers in performing their services.
(b)    Volunteer benefits may include, within the limits of an agency's budget, the following:
    (1)    Meals without charge or the cost thereof reimbursed;
    (2)    Transportation costs including parking fees, bus and taxi fares to cover expenses incurred in carrying out a volunteer's duties;
    (3)    Out-service training and attendance at conferences pertaining to a volunteer's assigned duties; and
    (4)    Other reasonable expenses incurred by volunteers in connection with their assignments.
(c)    Volunteers shall not be deemed "employees of the city" when acting for an agency in their capacity as volunteers.
(d)    Personal liability insurance coverage may be furnished for volunteers.
(Added by Ord. 95-14)

Sec. 2-27.6    Volunteer policing program.
(a)    There is established within the Honolulu police department, and under the supervision of the chief of police, a volunteer
    policing program to utilize volunteers to assist the Honolulu police department in the enforcement of certain city and
    state laws related to abandoned and derelict vehicles and parking, including disabled parking and other laws designated
    by the chief of police.
(b)    The chief of police is authorized to commission volunteers as special enforcement officers to issue citations on public
    and private property to persons violating certain city and state laws relating to abandoned and derelict vehicles, parking,
    including disabled parking, and other laws designated by the chief of police.
(c)    The chief of police, in cooperation with the directors of other city agencies as appropriate, shall:
    (1)    Establish minimum qualifications for persons wishing to volunteer their services to become special
        enforcement officers and application procedures for volunteers;
    (2)    Provide a required training program for police volunteers totaling not less than twenty hours, which shall
        include, but not be limited to training on:
        (A)    pertinent city and state laws;
        (B)    identifying violators and issuing citations;
        (C)    use of communication and other necessary equipment;
        (D)    procedures to follow in the event of confrontations with suspected violators; and
        (E)    providing testimony in court to enforce citations;
    (3)    Grant commissions to volunteers who have successfully completed the training program, and who are qualified
        as determined by the chief of police to become special enforcement officers; and
    (4)    Provide for supervision and monitoring of the special enforcement officers while such officers are on duty.
(d)    Each special enforcement officer shall agree to:
    (1)    Work a minimum number of hours per week, as determined by the chief of police; and
    (2)    Serve at locations designated by the chief of police.
(e)    Each special enforcement officer who is assigned duties under this program shall:
    (1)    Complete a volunteer application;
    (2)    Be a United States citizen, a resident of the city, and at least 21 years of age;
    (3)    Pass a background check conducted by the chief of police, which may include a criminal background check;
    (4)    Possess a valid State of Hawaii driver’s license;
    (5)    Complete the training program established by the chief of police; and
    (6)    Be provided with an identification card.
(f)    The chief of police shall coordinate recruitment of volunteers.
(Added by Ord. 03-40)

Sec. 2-27.7    Rules.
    The chief of police, in cooperation with the directors of other city agencies, may adopt rules to implement the volunteer policing program. (Added by Ord. 03-40)

    Article 28. Prohibition on Take-home Use of City Motor Vehicle by
                    Executive Agency Head or Deputy Head

Sections:
    2-28.1    Definitions.
    2-28.2    Prohibition on take-home use of city motor vehicle by executive agency head or deputy head--Exceptions.
    2-28.3    Applicability of article.

Sec. 2-28.1    Definitions.
    For the purpose of this article:
    "City motor vehicle" means a motor vehicle owned or leased by the city.
    "Executive agency" means the following:
    (1)    Office of the managing director, department of the prosecuting attorney, department of the corporation counsel, department of the budget, planning department, department of finance, department of personnel, department of public works, fire department, police department, department of the medical examiner, department of health, department of land utilization, department of housing and community development, department of transportation services, department of parks and recreation, department of data systems, building department, department of auditoriums, department of wastewater management, and department of community and social resources; and
    (2)    Office of information and complaint, municipal reference and records center, civil defense agency, Royal Hawaiian Band, and any other agency administratively attached to or placed within the mayor's or managing director's office.
    "Executive agency head" means the director or other officer serving as the administrative head of an executive agency.
    "Executive agency deputy head" or "deputy head" means the officer serving as a deputy head of an executive agency.
    "Use of a city motor vehicle on a take-home basis" means the use of a city motor vehicle by a person for the following:
    (1)    Travel between the person's work and home; and
    (2)    Other travel incidental to travel between the person's work and home.
(Added by Ord. 96-66; Am. Ord. 97-02)

Sec. 2-28.2    Prohibition on take-home use of city motor vehicle by executive agency head or deputy head--Exceptions.
(a)    Except as otherwise provided under subsection (b), an executive agency head or deputy head shall not be allowed to use a city motor vehicle on a take-home basis.
(b)    The prohibition of subsection (a) shall not apply to the following:
    (1)    The police chief or any deputy police chief;
    (2)    The fire chief or deputy fire chief;
    (3)    The medical examiner or first deputy medical examiner; and
    (4)    The civil defense agency administrator.
(Added by Ord. 96-66)

Sec. 2-28.3    Applicability of article.
(a)    This article applies only to the use of a city motor vehicle on a take-home basis by an executive agency head or deputy head.
(b)    This article does not apply to the following:
    (1)    The use of a city motor vehicle by an executive agency head or deputy head on other than a take-home basis; or
    (2)    The use of a city motor vehicle by any other city officer or employee, including the mayor.
    Other applicable law, ordinance, rule, or policy shall govern the use of a city motor vehicle in a manner described under this subsection.
(Added by Ord. 96-66)

    Article 29. Department of Housing and Community Development

Sections:
2-29.1 Definitions.
2-29.2 Prohibition on presale or prelease of dwelling unit in proposed
     housing project on city real property before council approval.

Sec. 2-29.1    Definitions.
    For the purpose of this article, "department" means the department of housing and community development. (Added by Ord. 97-24)