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HomeMy WebLinkAbout2010 Proposed Charter Amendments and Ballot Questions Charter Amendments and Ballot Questions County of Kaua'i November 2, 2010 General Election Amendment to the Charter of the County of Kauai Proposed by the Charter Review Commission RELATING TO COUNTY COUNCIL TERMS 1. Charter Text ARTICLE III COUNTY COUNCIL Section 3.03. Terms. The[terms]term of office of councilmembers shall be for[two]four years beginning at twelve o'clock meridian on the first working day of December following their election. No person shall be elected to the office of councilmember for more than [four] two consecutive [two]four year terms. After the expiration of two consecutive terms, no person shall be eligible to be reelected to the office of councilmember until one election cycle has elapsed after such service. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question "Shall the term of office for councilmembers be extended from two to four years with a limit of two consecutive four year terms?" RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR 1. Charter Text ARTICLE VII MAYOR Section 7.07 Vacancy in Office. A. In the event of a vacancy in the office of the mayor,the council shall select,by majority vote,one of its members as mayor to serve until the next general election and assumption of office in December by the person elected mayor. The vacancy in the council shall be filled as provided for in Article III, Section 3.05 of the charter. In the event the vacancy occurs prior to the mid-term election,the person elected mayor in the general election shall serve only for the unexpired term of the mayor elected in the prior election. In the event the vacancy occurs later than three (3) days prior to the closing date for filing of nomination papers for the mid-term election, the mayor selected by the council shall continue to serve for the remainder of the term of the person he succeeded. The forgoing provisions shall also apply in the event the person elected as mayor dies before taking office. B. During the temporary absence from the county or temporary disability of the mayor,or in case of vacancy in the office of the mayor, until a new mayor is appointed or elected,the[administrative assistant] managing director shall act as mayor. In the event both the mayor and the [administrative assistant] managing director are temporary absent or disabled,the finance director shall act as mayor during said period. [(1) The mayor shall appoint and may remove an administrative assistant whose qualification shall be the same for the position of mayor. The salary for the administrative assistant shall be set pursuant to Article XXIX of this Charter. The administrative assistant shall serve as the mayor's principal administrative aide.] C. In the event the person elected as mayor dies before taking office, the person serving as [administrative assistant] managing director at the termination of the prior term shall continue to serve as acting mayor until a new mayor is elected. Section 7.08 Managing Director. The mayor shall appoint and may remove a managing director. The managing director shall be a citizen of the United States not less than thirty(30) years of age and a resident elector of the county at least three years immediately prior to his appointment. The managing director shall have at leastfive years experience in an administrative or managerial position with at least a bachelor's degree from an accredited institution in public administration, business or a related field. A. Powers, Duties and Functions. Except as otherwise provided and under the supervision of the Mayor, the managing director shall: (1) Serve as the mayor's principal administrative aide. (2) Oversee the administrative functioning of all administrative departments. (3) Prescribe standards of administrative practice to be followed and evaluate the management and performance of all administrative departments under the director's oversight. (4) Attend meetings of the council and itscommittees upon reguestand provide information and reports as they may require. (5) Perform all other dutiesas required by the charter or assigned bythe mayor. B. The salaryfor the managing director shall be set pursuant to Article XXIX of this Charter. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question 2 "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?" RELATING TO FINANCIAL PROCEDURES 1. Charter Text ARTICLE XIX FINANCIAL PROCEDURES Section 19.19. Centralized Purchasing. A. The department of finance shall be responsible for the procurement of all [materials,supplies,equipmentand services]goods,services and construction required by any department, office or agency of the county, except the Department of Water. [B. There shall be a standardization committee composed of three members. The mayor shall appoint two members, each of whom shall be from a separate department. The third member shall be a representative of the department offinance who shall serve as chairman of the committee. The committee shall classify all materials,supplies,equipment commonly used bythe various departments,offices or agencies of the county and shall prepare and adopt standards and specifications for such materials, supplies and equipment. C. All Purchases and contracts for materials,supplies, equipment and services shall be made by advertisingfor bids,exceptthat such purchases and contracts may be negotiated without advertising if (1) The Public necessity will not admit of the delay incident to advertising. (2) For materials, supplies and equipment, including animals and plants, patented or proprietary articles, books and publications and professional services for which it is impracticable to secure competition. (3) For equipment determined to be technical equipment and as to which it is determined that the procurement thereof without advertising is necessary to assure standardization of the equipment and interchangeability of parts, and that such standardization and interchangeability are necessary in the interest of economy. The advertisement for bids shall be made a sufficient time before the purchase or contract, and specification and invitations for bids shall permit such full and free competition as is consistent with the procurement of the types of materials,supplies, equipment and services necessaryto meetthe requirements ofthe department,office or agency concerned. 3 All procurements shall be conducted pursuant to state law. Competitive bidding thresholds lower than the bidding thresholds established under state law may be enacted by ordinance. All bids shall be publicly opened at the time and place stated in the advertisement. Award shall be made with reasonable promptness by written noticetothat responsible bidder whose bid conforming to the invitation for bids will be most advantageous to the county, price and other factors considered. D. Purchase orders shall be submitted to the office of the director of finance for approval as to availability and designation of funds and no purchase order shall be valid without such approval.] B. All procurements shall be conducted pursuant to state law. [E.] C.The director of finance shall,from time to time,secure from all agencies estimates of their needs for articles of common use and shall, when practicable, consolidate requisitions in order to secure the benefits of quantity purchases and to that end [when authorized by the council], cooperate with other public agencies. [F.] D. The director of finance may, by rules, provide for[:] petty cash funds. [(1) Emergency purchases which might be required. (2) Petty cash funds or blanket purchase orders,or both.] [G.] E.All county storerooms(otherthan departmental)shall be supervised and operated by the director of finance. [H.] F.The director of finance shall require such guarantees of performance by vendors as in his opinion may be necessary or may be prescribed by ordinance. Section 19.20. Disposition of[Personal] Surplus Property. Surplus property means any property that no longer has any use to the agency or department that has custody of the item. All departments,offices or agencies having materials,supplies or equipment which are not useful to them,shall return custody of the item to the director of finance,who shall,from time to time and at least annually, [furnish] circulate a list [thereof to the director of finance who shall circulate such list] of surplus items to the various departments and agencies of the county[; and, if the same is found to be usable,it shall be returnedtothe general storeroom or inventories for subsequent issue upon requisition] or other governmental agencies for redistribution and use. If [it] the surplus property is found to be unusable for public purposes,the director of finance shall, after fixing a minimum price for the property, provide for the sale by[informal]sealed bid with or without advertising,to the highest bidder for not less than the minimum price established by the director of finance. Advertised auctions shall be published on two non-consecutive days in a daily 4 newspaper of general circulation in the County of Kaua'i or the County's webs ite,and the proceeds shall be [placed in the fund from which the original purchase was made]a realization of the general fund unless required otherwise by statute,ordinance, rule, grant, or gift. Surplus property determined to be of no use to any county agency,may be used for bid purposes, as a trade-in for credit to be applied to the final purchase price of the procurement solicitation. Surplus property determined to be hazardous or that may potentially pose a danger to the public may be disposed of at the direction of the director of finance. The means by which said items are to be disposed of shall be determined solely by the director of finance or designee, provided such means are legal and appropriate for the specific item. Surplus property having little or no monetary or salvage value as determined and certified by the director of finance or designee, and further determined to be impractical to be offered by auction, may be legally disposed of. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question "Shall the Charter provisions relating to centralized purchasing and disposition of surplus property be changed to conform with State law?" RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS 1. Charter Text ARTICLE XX CODE OF ETHICS Section 20.03. Contracts. A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of [$500.00] $1,000.0 0 unless the contract is made after competitive bidding. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question "Shall the dollar limit without competitive bidding for contracts with County officers, employees or firms in which an officer or employee has a substantial 5 interest, be increased from $500 to$1,000?" RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY CONTRACTS 1. Charter Text ARTICLE XX CODE OF ETHICS Section 20.03. Contracts. B. The county shall not enter into a contract with any person or firm which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding [six months] one year and who participated while in county employment with the subject matter of the contract. Note: Charter material to be repealed is bracketed. New charter material is underscored 2. Ballot Question "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?" RELATING TO DISCLOSURES 1. Charter Text ARTICLE XX CODE OF ETHICS Section 20.04. Disclosure. A.The mayor,councilpersons,all department heads and deputies,members of boards and commissions and the purchasing[agent]administrator,and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence shall,within thirty(30)days of assuming office,file with the board a list of all real property within the county in which he has any right, title or interest,a list of all business firms which contractfor county business in which he has any interest, and all their places of employment, including part-time employment, all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies. Amendments to the list, including additions,deletions or changes in title,interest in property or of employment,shall be made within thirty (30) days of the occurrence of the amendment. The list shall be a 6 matter of public record. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question "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?" RELATING TO TIME EXTENSION FOR ETHICS ADVISORY OPINIONS 1. Charter Text ARTICLE XX CODE OF ETHICS Section 20.05 Board of Ethics. There shall be a board of ethics. D. It shall be the function of the board: (2) To render advisory opinions or interpretations with respectto application of the code on request. All requests for advisory opinions shall be answered within [thirty (30)] forty five (45) days of its filing and failure to submit an advisory opinion within said [thirty(30)]forty five(45)days shall be deemed a finding of no breach of the code. Opinions rendered or deemed rendered shall be binding on the board in any subsequent charges concerningthe officer or employee of the county until said opinion is amended or revoked by the board. Note: Charter material to be repealed is bracketed. New charter material is underscored. 2. Ballot Question "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?" 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. /s/Carol Suzawa /s/ Peter A. Nakamura Chairperson County Clerk Charter Review Commission County of Kauai 7