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HomeMy WebLinkAbout2010 Charter Amendments_Explanation a County of Kauai Charter Review Commission 4444 Rice Street, Suite 150 Llhu`e, Hawaii 96766 EXPLANATION OF COUNTY CHARTER AMENDMENTS PROPOSED IN THE 2010 GENERAL ELECTION RELATING TO COUNTY COUNCIL TERMS "Shall the term of office for coancihnembers be extended from two to four years with a limit of two consecutive four year terms?" Vote YES or NO Back-round: Currently,councilmembers can serve a maximum of four consecutive two year terms. Explanation: This proposed Charter amendment will allow councilmembers to serve two consecutive four year terms. Councilmembers who have already served two consecutive four year terms may only seek reelection to the office of County Council after one election cycle has elapsed. RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR "Shall the Mayor's Administrative Assistant, whose title shall be changed to Managing Director, be required to have appropriate job qualifications and perform certain duties?" Vote YES or NO Back-round: Kauai is the only County with an Administrative Assistant rather than a Managing Director. Currently, the Administrative Assistant most be 30 years of age and meet all requirements as a registered voter on Kauai for at least three years prior to assuming the job. Explanation: This proposed Charter amendment changes the Administrative Assistant title to Managing Director and would add the following minimum qualifications: (1)Bachelor's degree from an accredited institution in public administration, business, or a related field and(2)At least five years experience in an administrative or managerial position. The amendment also clarifies the duties of the Managing Director to include: (1) Serve as the Mayor's principal administrative aide; (2) Oversee the administrative functioning of all administrative departments; (3) Prescribe administrative standards and evaluate the perfounance of all departments under the Director's oversight; (4) Attend County Council meetings and provide information and reports as required, and(5)Perform other duties as required by the Charter or assigned by the Mayor. RELATING TO FINANCIAL PROCEDURES "Shall the Charter provisions relating to centralized purchasing and disposition of surplus property be changed to conform with State law?" Vote YES or NO Back-round: Several existing Charter requirements regarding the County's financial procedures are outdated and have never been changed since they were approved in 1969. Explanation: This proposed Charter amendment updates the County's financial procedures regarding centralized purchasing and disposition of surplus property to conform to current State law. RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS "Shall the dollar limit without competitive bidding for contracts with County officers, employees or firms in which an officer or employee has a substantial interest, be increased from $500 to $1,0007 Vote YES or NO Background: The Charter currently requires a competitive bid process whenever the County enters into a contract of$500 or more with a County officer or employee or a company in which an officer or employee has ownership or substantial interest. Explanation: This proposed Charter amendment increases the dollar amount required for competitive bidding from $500 to $1,000 when the County enters into contracts with a County officer or employee or a company in which an officer or employee has ownership or substantial interest. (Emphasis added) RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY CONTRACTS "Shall the County extend from six months to one year the timeframe prohibiting the County from entering into a contract with a former County employee or a firm that is represented by a former County employee, for those contracts where the former County employee participated in the subject matter while employed with the County?" Vote YES or NO Background: The Charter currently prohibits the County from entering into a contract with a former County employee or firm that is represented by a former employee for a period of six months where the former employee participated in the matter while employed with the County. Explanation: This proposed Charter amendment increases the timeframe from six months to one year in which the County is prohibited from entering into a contract with a former County employee or fine that is represented by a former employee where the former employee participated in the matter while employed with the County. (Emphasis added) RELATING TO DISCLOSURES "Shall any employee delegated to act on behalf of the Director or Deputy Director of Finance be required to file a disclosure statement with the County Board of Ethics?" Vote YES or NO Background: The Purchasing Agent is the only non-appointed County employee who is required to file a disclosure statement with the County Board of Ethics. Explanation: This proposed Charter amendment expands the requirement for those who must file a disclosure statement with the County Board of Ethics to include any County employee who is delegated to act on behalf of the Finance Director or Deputy Finance Director. The disclosure statement includes information on the employee's employment, finances, business interests and real estate holdings. RELATING TO TIME EXTENSION FOR ETHICS ADVISORY OPINIONS "Shall the time in which the County Board of Ethics has to render advisory opinions be extended from 30 days to 45 days, which opinions shall be binding on the Board, unless changed or revoked by the Board?" Vote YES or NO Background: The Board of Ethics is currently required to render an advisory opinion within 30 days from the date of the initial request. Because the Board of Ethics typically meets monthly, it can be difficult to gather information and conduct the research necessary to render an advisory opinion within 30 days of the request date. Explanation: This proposed Charter amendment extends the time in which the Board of Ethics must render advisory opinions from 30 days to 45 days and requires such opinions to be binding on the Board until they are amended or revoked. For complete information or copies on Charter Amendment proposals, please go to www.kauai.gov/2010CharterAmendments or contact the Office of Boards and Commissions at 241-4919 or the Elections Division at 241-4800 or TTY at 241-5116 during normal business hours.