Committee forwards charter amendment to ease professional-engineer requirement for public works director

The Hawaii County council committee voted 5-3 on Sept. 8 to forward to the full council a proposed charter amendment (Bill 64, draft 2) that would remove the current requirement that the director of public works be a registered professional engineer and instead require a bachelor’s degree in engineering, architecture, business, public administration or a related discipline — or that the director be a licensed attorney — plus five years of administrative or managerial experience, at least two years of which must be in public works, construction or a related field.

That provision would also require the deputy director to be a registered professional engineer and give the deputy authority over engineering responsibilities when the director lacks licensure. The amendment, introduced by Council Member Inaba, must still clear the full council and then go to voters as a charter change.

The vote followed public testimony from three licensed professional engineers who urged the committee to preserve the PE requirement. Polanyi Greenwell, a licensed civil professional engineer, told the committee that removing the PE requirement would "open the county to a lawsuit" because it would place unlicensed people in positions to make engineering decisions that, he said, require licensure under state rules. Nancy Burns, a licensed professional engineer whose testimony was read into the record, wrote that the change would "open up the position to almost anyone with a college degree" and urged the council not to "water down such a critical position." Curtis Beck, PE, said the director needs to be "in responsible charge" for technical judgments and asked the committee, "Please do not let this bill advance further." All three were recorded in opposition to the amendment.

Sponsor remarks and council debate focused on the difficulty of recruiting candidates who both hold a PE license and are willing to accept the director’s salary and at-will employment conditions. Council Member Inaba, who moved the committee recommendation, said he had met with local engineers during the postponement and that the amended language tries to balance technical oversight by keeping a licensed deputy while expanding the pool of candidates for director. "I think this is a visionary attempt to try and make sure that we have the best qualified folks leading the department," Inaba said.

Opponents argued that an unlicensed director could override engineers’ technical decisions and that licensure provides an ethical framework tied to public safety. Council Member Kimball said she has no objection to the director being primarily an administrator, "but my main concern has been that that administrator should not have the ability to override an engineering decision made by an engineer in the department and without a PE qualification." Several council members noted the final determination will be up to voters if the full council approves the charter amendment.

Committee members also discussed operational practices inside the Department of Public Works. Acting Public Works Director Neil Azevedo said the department currently employs about 13 engineers, that most work is done by consultants, and that division chiefs who are licensed engineers stamp plans and handle technical approvals; the director’s role, he said, is to set priorities and coordinate. Council Member Eustace and others questioned whether the director is a required secondary technical approver on stamped plans or primarily an administrative leader.

After discussion, Council Member Inaba moved, and Council Member Villegas seconded, a motion to recommend passage of Bill 64 (draft 2) on first reading. The committee took a roll-call vote: Eustace — yes; Inaba — yes; Kirkowitz — yes; Onishi — yes; Villegas — yes; Galimba — no; Kimball — no; Chair Kaguata — no. Council Member Connie Lee Kleinfelder was excused. The motion carried, 5-3; the bill will go to the full council for further action and, if approved there, to the voters as a charter amendment.

The committee record shows continued disagreement among professional engineers, council members and administration about recruitment, compensation and the mechanics of technical signoff. Several council members said they will continue to refine language and consider related changes — for example, Council Member Onishi said he plans to propose removing the deputy-PE requirement if the director is permitted without a license. The committee did not adopt additional amendments at the Sept. 8 meeting.

Bill 64 will next be considered by the full council and, because it amends the county charter, would be placed on a public ballot if the council approves it.