For the purposes of this code, the following terms, phrases, words and their derivations shall have the meaning given in this section, unless it is apparent from the context that a different meaning was intended:

A. “Agency” means any office, department, board, commission or other governmental unit of the county.

B. “County” means the county of Maui.

C. “Employee” means any person, except an officer, employed by the county or agency thereof, but the term shall not include an independent contractor.

D. “Officer” means a person who is elected to a county office, or a person who is appointed by such elected person or by such appointed person or by a county agency and who has discretionary executive, administrative, or policy-making powers and responsibilities. The term shall include the following:

1. Mayor, members of the county council, corporation counsel, prosecuting attorney, director of finance, and county clerk;

2. Any person appointed as administrative head of any agency of the county or as member of any board or commission;

3. Any person appointed by a board or commission as the administrative head of any agency of the county;

4. The first deputy or a division chief appointed by the administrative head of any agency of the county;

5. Assistant and deputies of the corporation counsel;

6. Assistant and deputies of the prosecuting attorney.

E. “Persons” include individual natural persons, partner- ships, joint venturers, societies, associations, clubs, trustees, trusts or corporations, or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. (Ord. 1018 § 1, 1980: prior code § 1-3.1)

In the construction of this code, the following rules shall be observed unless it is apparent from the context that a different construction is intended:

A. General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.

B. Gender--Singular and Plural. Every word in the Permanent Ordinances shall extend to and be applied to all genders; and every word importing the singular number only shall extend to and be applied to several persons or things as well as to one person or thing; and every word in the plural number shall include the singular number, and every word in the singular number shall include the plural number.

C. Tenses. Every word used in the present tense shall include the future.

D. Acts by Subordinate Officer. When any provision in this code requires an act to be done, which may by law as well be done by a subordinate officer as by the superior officer, such requirement shall be construed to include all such acts when done by an authorized subordinate officer.

E. Time--How Computed. The time within which an act is to be done as provided in any provision in this code or any order issued pursuant to any provision in this code, when expressed in days, shall be computed by excluding the first day and including the last, unless the last day is a Sunday or holiday, in which case it is also excluded. (Prior code § 1-2.1)

The rules of construction set forth in Section 1.04.020 shall not be applied to any provision of this code which contains any express provision excluding such construction, or when the subject matter or context of a provision of this code may be repugnant thereto. (Prior code § 1-2.2)

In addition to the rules of construction specified in Section 1.04.020, the following rules shall be observed in the construction of the provisions of this code:

A. All references to chapters, articles or sections are to the chapters, articles, or sections of this code unless otherwise specified.

B. If the provisions of different chapters of this code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.

C. If conflicting provisions be found in different sections of the same chapter, the provisions of the section which are enacted later in time shall prevail unless such construction be inconsistent with the meaning of such chapter. (Prior code § 1-2.3)

If any portion of this code, or its application to any person or circumstance, shall be held unconstitutional or invalid, the remainder of this code and the application of such portion to other persons or circumstances shall not be affected thereby. (Prior code § 1-5.1)

The repeal of any resolution or ordinance shall not be construed to revive any other resolution or ordinance which has been repealed, unless it be so clearly expressed. (Prior code § 1-4.1)

The repeal of any resolution or ordinance shall in no case affect any act done, or any right accruing, acquired or established, or any suit or proceeding had or commenced in any civil case, before the time when the repeal shall take effect. (Prior code § 1-4.2)

No suit or prosecution pending at the time of the repeal of any resolution or ordinance, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the resolution or ordinance so repealed, shall in any case be affected by such repeal. (Prior code § 1-4.3)