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HomeMy WebLinkAboutCounty Governance Report 2010 Special Committee on County Governance Report to the Kauai County Charter Review Commission Submitted bv: Chair Patrick Stack and members Joel Guy and Jan TenBruggencate SCOPE, CHARGE AND AUTHORITY: The Special Committee on County Governance was charged by the Kaua'i County Charter Review Commission on April 26, 2010 with conducting a thorough review of proposals to establish a Council- County Manager form of government in Kaua'i County. The Special Committee was established pursuant to Section 92-2.5 of the Hawaii Revised Statutes and Rule 6 of the Kaua'i County Charter Review Commission Rules. The Special Committee was constrained by the authority given the Charter Review Commission under the existing Kaua'i County Charter. Section 24-03 of the County Charter contains this authority: "In the event the commission deems changes are necessary or desirable, the commission may propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk." (Emphasis added) This is a key point. The Charter Review Commission is not authorized, as many public testifiers suggested to place an item on the ballot simply, to allow voters to express their choice. There are three vehicles for placing charter amendments on the ballot as follows: 1. The people can act directly through petition, or 2. The people can convince the County Council to place an issue on the ballot, or 3. The Charter Review Commission can review the structure of the County Charter and make recommended changes. The Special Committee was instructed to prepare a written report to the Charter Review Commission, containing its findings and recommendations. This is that report. DELIBERATIONS: The Special Committee and staff spent a considerable amount of time and resources in researching the multiple facets of this complex subject. The Special Committee on County Governance conducted five committee meetings which were held on May 14, May 24, May 27, June 9 and June 18, 2010. Additionally, community meetings were held June 14, 2010 at the Princeville Community Center, June 15, 2010 at the Lihue Neighborhood Center and on June 171. 2010 at the Hanapepe Neighborhood Center. The topic listed on the flyer for these meetings was "Should the current form of government be changed to a County Council-County Manager form of government?'* Two of the community meetings were recorded for airing on Ho'ike Public Television. I I P au e Z__ Notice of those meetings was duly publicized, including being submitted to community organizations, the media, posted in public places and listed on the county website. A press release announcing the community meeting schedule was issued on June 3. 2010 printed in the local newspaper and was posted thereafter on the county website, at wAyxv.kquai.ggy. The Special Committee studied municipal governance models in other communities, gathered testimony, reviewed documents, and considered previous efforts by the Kaua*i Charter Commission to address the County Manager system. Using as its starting point were suggested amendments to the County Charter that were submitted by the "Citizens Ad Hoc Committee for a County Manager System." The Special Committee drafted a new 78-page proposed County Charter that would establish a County Manager form of government. This draft Charter was posted on the county website and a synopsis was prepared by the Office of Boards and Commissions for distribution at community meetings. The draft charter proposed a county governance system in which citizens would elect six members of a County Council, and would separately elect a Mayor. The Mayor would sit as chair of the County Council and would have limited administrative authority. The Mayor and County Council would together select a professional County Manager. The County Manager under this system would be charged with the administration of county affairs, including the appointment of department heads unless otherwise provided for in the Charter. PUBLIC TESTIMONY: Public testimony on the proposed governance system was robust and diverse. It came to the committee in many forms, including direct verbal communications, testimony at public meetings, electronic messages, signatures on petitions, letters and so forth. There was no consensus on this issue, although a significant majority favored retaining the current Mayor-Council form of government. Of roughly 100 unduplicated names on the public meeting sign-up sheets. 93 indicated they were registered voters. Those opposing placing the County Manager system on the ballot outnumbered those in favor by about 2 to 1 (49 to 28). Actual verbal testimony was more strongly in favor of the current system (5 8 to 21). A few indicated they were undecided or did not indicate their preference. Additional written testimony from individuals not represented in the above counts was 4 opposing and one in support of the County Manager system. Not included in these numbers are more than 700 signatures on petitions favoring the current Mayor-Council system. The Special Committee focused on ideas for improving the functioning of county government, and the Charter standard of desirability and necessity. Here is a random sampling of the testimony the Special Committee collected: "The voters should be allowed to determine how they want to be aoverned." "This won't take the politics out of government. That isn't going to happen.** 2 1 P a g e ➢ "I see a tremendous amount of inefficiency" in county government. "Electing the best people to serve in the positions is how you get good government... Changing the structure does not necessarily make good government." "No broke. no fix." "The manager system has its own problems." "I would rather have a mayor elected by a majority of voters than have a (a county manager) foisted on me by four members of the Council." "I ask that you preserve the right to vote. An appointed manager is not accountable to the people, but to the Council.— "We need a separation of powers." "It is very difficult to lead by committee." "A manager has to answer to seven people-, It's like a merry-go-round." -Although the present system is not perfect, I think it is working... I don't want an outsider coming in (who has) no feeling for what the people need.'* In addition to individual testimony in various forms, the Special Committee also received petitions with the signatures of more than 700 individuals, which argued for maintaining the current Mayor-Council form of government. The petition signatures were placed under this language: '-We the undersigned, as residents of the County of Kauai, do NOT agree that a County Manager form of government would be a positive change for Kauai. We support the current Mayor-Council form of government because it maintains separation of powers between the branches of government and provides for an executive head of government who is directly accountable to the people. By our signatures, we ask the County of Kauai Charter Review Commission to NOT place on the ballot a measure that could change our form of government to anything other than the current Mayor-Council form.'; NARRATIVE: There are many ways to review the proposal for a county manager form of government. The simplest way is to simply count votes. The vast majority of inputs the Special Committee has received from the public opposes the county manager system. But there have been frequent, long-term and well-reasoned arguments in its favor by a small group of committed citizens. Including the petition. the committee counted hundreds of inputs on behalf of the current system and a few dozen on behalf of the County Manager system. Even without the petition, the support for the current system significantly outweighed support for the County Manager system. We note that in passing', but counting votes is not the Special Committee's assignment. 3 1 P a g, e An important measure is whether the proposed system passes legal muster, which requires an opinion from the County Attorney and/or the state Attorney General. We have not received a legal opinion on this specific proposal. State law requires a "county executive, administrative and legislative structure." That structure is required in two different parts of the law of our state: Article VIII of the state constitution and Hawaii Revised Statutes Section 46. But making legal determination is not our assignment. The Charter Review Commission's authority and thus the Special Committee's authority under the County Charter is to **study and review the operation of the county" and to recommend changes that it feels are "necessary or desirable." Setting aside our own judgment is not within our authority. If the members of this Special Committee were to move forward an issue the committee members do not feel is necessary or desirable, simply to give voters a chance to make a selection., we would violate our oaths to defend the County Charter. Our assignment is to determine, after our own honest, extensive and considered review, whether the proposed form of government is a better form of government for this county at this time, or if it represents a necessary change. If we believe that it is, then we should recommend putting it on the ballot. If not, we should not. FINDINGS: The Special Committee on County Governance finds that a Council-Manager form of government is a viable means of governing a municipality. The Committee finds that the Council-Mayor form is also a viable system, and one with a long history in Flawai'i and on Kaua'i. The Special Committee finds that a large majority of individuals testifying or otherwise providing information to the committee favor retaining the current Council-Mayor system, for a variety of reasons. One often repeated reason was to have a direct voice in the selection of the county administrator, rather than an indirect voice through selection of a county manager through a single Mayor-Council panel. The Special Committee finds that a key argument for the Council-Manager form of government is that it provides for an administrator for the county who has specific education and experience in manauement. The Committee finds that such experience could also be mandated for a mayoral aide under the current Mayor-Council system. The Special Committee finds that a County Manager would be unable to function with the flexibility envisioned by some proponents due to legal limitations on his/her authority. In part, this is because under existing state law and county charter provisions, a County Manager would not be able to appoint many of the county's chief department heads. State law requires the personnel director and liquor control department head to be appointed by commission, and county, charter requires the planning director, water department manager and the police and fire chiefs to be appointed by commission. A Mayor is similarly limited in oversight. The Special Committee finds that the County Manager system removes certain checks and balances from county government, including the veto power of a mayor over legislative measures, and the 41 P a g e development of a recommended budget under an elected administrator and its approval by an elected legislative body. The Special Committee finds no fundamental flaws with the Council-Manager form of government, but does not find that it inherently superior to KauaTs current form of government, and does not find that a change from the current system is necessary or desirable for the effective functioning of government. RECOMMENDATION: The Special Committee on County Governance, by unanimous vote, recommends against placing a measure for a Council-Manager form of government on the 2010 General Election ballot. The committee, accordingly, recommends the adoption of this report, and further recommends that the issue of a Council-Manager form of government be postponed indefinitely. NOTES OF APPRECIATION: An enormous amount of work went into the consideration of this issue, and we express our special thanks to the staff of the county Office of Boards and Commissions for their tireless work on behalf of the committee's investigation. And thanks to the members of the Citizens Ad Hoe Committee for a County Manager System; notably Glenn Mickens, Ken Taylor, Walter Lewis and Rich Hoeppner, who provided valuable assistance in our deliberations, including an initial list of proposed changes to the Kaua'i County Charter. And additional thanks to the hundreds of Kauai residents who took the time to attend public meetings, submit written or oral testimony at public meetings, sign petitions, make telephone calls, send emails and stopped us on the street to express their concerns. Thanks also to Ho'ike Public Television for television coverage and to The Garden Island newspaper for its news coverage. Submitted by: /Z Patrick Stack Date �Z-2_ V/2_1 1 0 oel her Date J TenB Member D CRC 2010-16 5Ci zi, u! c