§128-13  Power and authority of localorganizations.  Each political subdivision shall have the power andauthority:

(1)  Deputy director's staff.  To provide, for thedeputy director of such political subdivision, an assistant or assistants whoseappointment shall be approved by the director of civil defense, and suchtechnical, clerical, stenographic, and other personnel, office space,furniture, equipment, supplies, and funds as may be necessary to carry out thepurposes of this chapter.  Chapter 76 shall apply to the full-time deputydirector or the deputy director's first assistant.

(2)  Appropriations, etc.  To make appropriations andauthorize expenditures for the purposes of this chapter, including the power toplace under the control of the governor, for expenditure as matching funds forfederal aid, or for any purpose within the powers of the governor, moneysappropriated by it; to make appropriations and authorize expenditures for thepurposes of this chapter out of the normal revenues or fund balances orsurpluses of the political subdivision, notwithstanding any legal restrictionsupon the purposes for which the funds may be expended, except that pension andretirement funds, funds set aside for the redemption of bonds or the payment ofinterest thereon, trust funds, loan funds, and funds received from the federalgovernment or from any person for specific purposes shall not be affected.

(3)  Procurement, etc.  To purchase, make, produce,construct, rent, lease, or procure by condemnation, or otherwise, transport,store, install, maintain, and insure, repair, renovate, restore, replace orreconstruct, and distribute, furnish or otherwise dispose of, with or withoutcharges, materials and facilities for civil defense; and to procure federal aidtherefor whenever feasible.  Chapter 103D, sections 103-50, 103-50.5, 103-53,103-55, 105-1 to 105-10, and 464-4 shall not apply to any civil defensefunctions of and to the extent that the mayor finds that the provisions, inwhole or in part, impede or tend to impede the expeditious discharge of thefunctions, or that compliance therewith is impracticable due to existingconditions.

(4)  Personnel.  To provide for the appointment,employment, training, equipping, and maintaining, with compensation, or on avolunteer basis without compensation and without regard to chapters 76, 78, and88 of such agencies, officers, and other persons as it deems necessary to carryout this chapter; to determine to what extent any law prohibiting the holdingof more than one office or employment applies to the agencies, officers, andother persons; and subject to section 128-15, to provide for the interchange ofpersonnel, by detail, transfer or otherwise, between agencies or departments ofthe political subdivision, or between political subdivisions.

(5)  Contributions.  To receive, expend, or usecontributions or grants in money, property, or services, or loans of property,or special contributions or grants in money, property, or services, or loans ofproperty, for special purposes provided for by this chapter.

(6)  Charges.  To make charges in such cases and insuch amounts as it deems advisable, for any property sold, work performed,services rendered, or accommodations or facilities furnished by the politicalsubdivision under this chapter.

(7)  Contracts.  To make or authorize such contractsas may be necessary to carry out this chapter.

(8)  Mutual aid plans.  To participate in and carryout mutual aid plans and agreements or compacts, sponsored or developed by thestate civil defense agency.

(9)  Continuity of government.  To insure continuityof government during a civil defense emergency period, the legislative body ofa county may by ordinance, unless otherwise provided by law, provide theprocedure for the appointment and designation of stand-by officers for thelegislative body and the elected chief executive of the county for theemergency period, who shall serve in the event of the unavailability of theofficers for whom they stand by. [L 1951, c 268, pt of §2; RL 1955, §359-13; amL 1960, c 6, §3; am L 1964, c 4, §2; HRS §128-13; gen ch 1985; am L Sp 1993, c8, §16; am L 1999, c 149, §25; am L 2002, c 148, §16]

 

Note

 

  Section 103-50.5referred to in text is repealed.