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HomeMy WebLinkAbout2011_0425_CharterAgendaPacket Sherman Shiraishi Members: Chair Mary Lou Barela Joel Guy Patrick Stack Carol Suzawa Vice Chair Jan TenBruggencate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, April 25, 2011 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Lrhu'e, HI 96766 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES Open Session Minutes of March 28, 2011 COMMUNICATIONS BUSINESS CRC 2011-01 Discussion and possible decision-making on proposing a Charter amendment to correct non-substantive items as they relate to grammar, spelling and formatting errors in the Charter. (Deferred from 3/28/11 meeting) a.) Charter Review Commission press release seeking public input relating to non-substantive changes to the Charter. b.) Proposed amendment creating a new Section 24.04, Kauai County Charter, relating to non-substantive corrections and revisions. CRC 2011-04 Discussion and possible decision-making on proposed language to amend Charter Section 22.03.C, relating to submission requirements for initiative and referendum petitions. (Deferred from 3/28/11 meeting) a.) Proposed amendment revising Section 22.03.C, Kauai County Charter, relating to submission requirements for initiative and referendum petitions. CRC 2011-05 Discussion and possible decision-making on proposed language to amend Charter Section 24.0l.B, relating to the initiation of Charter amendments. (Deferred from 3/28/11 meeting) An Equal Opportunity Employer a.) Proposed amendment revising Section 24.01. B, Kauai County Charter, relating to the initiation of Charter amendments. CRC 2011-06 Discussion and possible decision-making on proposed language to amend Charter Section 24.03, establishing a permanent Charter Review Commission. a.) Proposed amendment revising Section 24.03 Kauai County Charter, relating to establishing a permanent Charter Review Commission. CRC 2011-07 Discussion and possible decision-making on proposed language to amend Charter Section 1.03, clarifying the existing Charter provisions related to the election of County Officers. a.) Proposed amendment revising Section 1.03 Kauai County Charter, relating to the election of County Officers. CRC 2011-08 Discussion and possible decision-making on proposed language to amend Charter Article XXIX, Section 23.01, and Section 7.03 to clarify and update the existing Charter provisions related to the salaries of certain County Officers. a.) Proposed amendments revising Article XXIX, Section 23.01, and Section 7.03, Kauai County Charter, relating to the salaries of County Officers. ANNOUNCEMENTS Next Meeting: Monday, May 23, 2011 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2A/B ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes ("H.R.S") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and §92.9 and shall be limited to those items described in H.R.S. §92.5(a). Discussions held in Executive Session are closed to the public. cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; Charter Review Commission—April 25, 2011 2 I P a g e 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5)minutes. A speaker's time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimonv to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Lrhu`e, HI 96766 E-mail:bdavis ,kauai.gov Phone: (808) 241-4919 Fax: (808) 241-5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at(808) 241-4919 at least five(5)working days prior to the meeting. Charter Review Commission—April 25, 2011 3 I P a g e COUNTY OF KAUAI D R'A f�T�T�� 'e�A'u I1 r o use Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I March 28,2011 Location Mo'ikeha Building, Meeting Room 2A/213 I Start of Meeting: 4:01 pm I End of Meeting: 5:05 pm Present Chair Sherman Shiraishi, Vice-Chair Patrick Stack; Members: Ed Justus, Carol Suzawa, Jan TenBruggencate Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis, Administrator John Isobe, Administrative Aide Paula Morikami Audience Members: Phyllis Stoessel Excused Member: Mary Lou Barela Absent Member: Joel Guy SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 4:01 pm with a quorum of 5 Commissioners resent Approval of Mr. Justus moved to approve the agenda as Agenda circulated. Ms. Suzawa seconded the motion. Motion carried 5:0 Approval of Open Session Minutes of February 28, 2011 Ms. Suzawa moved to approve the minutes as Minutes circulated. Mr. Justus seconded the motion. Motion carried 5:0 Business CRC 2011-01 Discussion and decision-making on proposing a Charter amendment to correct non-substantive items as they relate to grammar, spelling and formatting errors in the Charter (deferred from meeting on 2/28/11) (a) Review of and decision-making on proposed Press Release seeking public input on procedures to correct non-substantive items as they relate to grammar, spelling and formatting errors in the Charter Z C Other than making appropriate date changes within the press release, the MI— M Cn Charter Review Commission Open Session March 28, 2011 Page 2 SUBJECT DISCUSSION ACTION concurrence was that it was a good first step to get an idea of what the public thinks the process for correcting non-substantive items in the Charter should entail. Asked if there was a budget to hire an editor to assist with the changes, Mr. Isobe said not specifically for the purposes mentioned but there is a budget to support boards and commissions in general. The request would have to go out for procurement and depending on the costs, a determination would be made as to whether there are sufficient funds within the current budget or if a separate appropriation would need to be requested. Mr. TenBruggencate suggested the Commission compile a list of suggestions from the people to get a sense of how big the project might be and whether it is just to fix the grammatical and gender errors or if it goes beyond that. There was discussion as to whether it was necessary to include a deadline Mr. TenBruggencate made the motion to allow such as May 15 for submitting testimony in the press release or whether it Staff to make the appropriate date changes and should be left open-ended. to authorize the issuance of the press release. Mr. Justus seconded the motion. Motion carried Phyllis Stoessel referred to the written testimony she submitted citing the 5:0 need for the Commission's review to include updating the language, integrating amendments, making the sections coherent and placing an official version of the Charter online. Chair Shiraishi noted that Ms. Stoessel had a lot of good suggestions but not all of them fall under the purview of the Charter Commission such as the online version of the Charter which is the responsibility of the Office of Boards and Commissions. b Communication dated 3/1/11 from the Charter Review Commission to Charter Review Commission Open Session March 28, 2011 Page 3 SUBJECT DISCUSSION ACTION the County Attorney's Office requesting legal guidance or an opinion on whether non-substantive changes can be made to the Charter without going through the amendment process and, if not, does each non-substantive change require a separate amendment or can all non-substantive changes be included as one amendment. (c) Confidential opinion dated 3/7/11 from Deputy County Attorney Mr. TenBruggencate moved to receive the Jennifer Winn offering legal guidance on whether non-substantive changes Deputy County Attorney's opinion with thanks can be made to the Charter without going through the amendment process from the Commission. Mr. Justus seconded the and whether each non-substantive change would require a separate motion. Motion carried 5:0 amendment or whether all non-substantive changes could be included as one amendment. Phyllis Stoessel—Made a request to the Commission to release the Attorney's opinion to the public since it dealt with a matter of law and would affect all citizens in the way Charter changes are presented. Deputy Attorney Winn stated that the attorney-client privilege belongs to the client and did not foresee any problems legally with releasing the opinion but that privilege belonged to the Commission. Asked what the process is for releasing opinions, Mr. Isobe said they are Mr. Justus moved that the Commission waive released upon request with a disclaimer inserted on the opinion itself stating the attorney-client privilege and make the the date of the meeting at which the Commission waived it's attorney-client Attorney's opinion public. Mr. TenBruggencate privilege so it is clear to everyone that the opinion is releasable. Mr. seconded the motion. Motion carried 5:0 TenBruggencate stated that it is not his intent to always vote to release the Attorney's advice to the Commission but this particular opinion clearly goes directly to an issue the Commission is working on. Chair Shiraishi stated that previously Staff had submitted a proposal which Charter Review Commission Open Session March 28, 2011 Page 4 SUBJECT DISCUSSION ACTION would defer non-substantive changes regarding gender to the County Council and Staff was asked to elaborate on the proposal. Mr. Isobe said that the proposal would allow Council to propose charter amendments to correct non-substantive typographical or section changes by ordinance after two readings. Mr. Isobe pointed out that this Commission currently exists for a period of ten years. Thereafter, the Charter Review Commission reverts back to being established once every ten years. For this reason, the opportunities to make non-substantive changes or corrections to the Charter resulting from clerical and typographical errors would be limited to 10-year intervals. He explained that it is likely that inadvertent clerical errors will occur and as a result, it is prudent to allow the County to correct non-substantive errors in Charter corrections without requiring a vote by the electorate. As we move forward into the future, this authorization becomes even more necessary when the requirement that this Commission exist for ten years sunsets and reverts to only once every ten years. Chair Shiraishi said there are three ways to handle the gender changes. One is to send out the press release and invite members of the public to submit their suggestions; second would be to let the County Council propose changes relating to gender and non-substantive issues on a piecemeal basis; the third way would be to have the Commission do it. CRC 2011-02 Discussion and possible decision-making on changing the Mr. Justus moved to receive item CRC 2011-02 required voter percentages for either or both Section 24.01 B (Charter for the record. Mr. TenBruggencate seconded the Amendments by petition signed by 5% of registered voters) and Section motion. Motion carried 5:0 22.03 C (Initiative & Referendum by 20% of registered voters) of the Kauai County Charter(deferred from meeting on 2-28-11) Charter Review Commission Open Session March 28, 2011 Page 5 SUBJECT DISCUSSION ACTION (a) Communication date 3/1/11 from the Charter Review Commission to the County Clerk's Office requesting clarification on the definition and use of terms "registered"versus "eligible"voters as provided for in the Charter. Mr. TenBruggencate pointed out that there appears to be division in the community on what the percentages should be. He felt that perhaps the Commission should hear more from the public. Mr. Stack mentioned that with the present language, it appears that first time voters are unable to vote. The Chair concurred and said that is why there needs to be some language change. CRC 2011-04 Discussion and possible decision-making on clarifying Section 22.03.0 to reword the section to read "each initiative or each referendum petition must be signed by registered voters comprising not less than twenty percent(20%) of the number of registered voters registered in the last preceding general election." There was discussion related to revising the requirements for submitting Initiative and Referendum petition by reducing the percentage of voters from 20%to 10% and revising the term "eligible"voters to "registered"voters. After discussing options and alternatives, the Commission decided to defer Mr. TenBruggencate moved to defer this agenda this item for further discussion at the neat meeting. item to the 4/25/11 meeting. Mr. Justus seconded the motion. Motion carried 5:0 CRC 2011-05 Discussion and possible decision-making on clarifying Section 24.0 1.13 by rewording the first sentence of Section 24.0 1.13 so that it would read: `By petition presented to the council, signed by registered voters comprising not less than five percent(5%) of the number of registered voters registered in the last general election, setting forth the proposed Charter Review Commission Open Session March 28, 2011 Page 6 SUBJECT DISCUSSION ACTION amendments." Based on the discussions related to the previous agenda item CRC2011-04, the Commission discussed the possibility of clarifying the existing Charter language contained in Section 24.01 B regarding Charter amendment proposals submitted by citizen petition as follows: "By petition presented to the council, signed by registered voters comprising not less than five percent(5%) of the number of voters registered in the last general election, setting forth the proposed amendments." Mr. TenBruggencate moved to defer this agenda item, as amended,to the 4/25/11 meeting. The Commission decided to defer this item, as amended above, to the next Mr. Justus seconded the motion. meeting for further discussion in conjunction with item CRC2011-04. Motion carried 5:0 Written Written public testimony from Carl Imparato, dated 3/27/11 and from Phyllis Received for the Record. Testimonies Stoessel, dated 3/27/11; Memo dated 3/28/11 from Peter Nakamura, County Received Clerk, on CRC 2011-02 a Next Meeting Next meeting: Monday, April 25, 2011 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2A/B Adjournment The meeting was adjourned at 5:05 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Sherman Shiraishi, Chair O Approved as is. O Approved with amendments. See minutes of meeting. BERNARD P. CARVALHO,JR. (`�. GARY K. HEU Mayor Managing Director COUNTY OFP KAUA' I News Release For Immediate Release: Public input sought by Charter Review Commission LIHU'E —Tasked with reviewing the County Charter, members of the Charter Review Commission are asking for input from the public on procedures to correct non-substantive items in the Charter that relate to grammar, spelling and formatting errors. "We will be discussing corrections to non-substantive items in the Charter at our upcoming meetings, and encourage the public to provide comment," said Commission Chair Sherman Shiraishi. He noted that the commission plans to use this information for developing a proposed charter amendment for the 2012 General Election. Other members of the commission include: Patrick Stack, vice-chair, Mary Lou Barella, Joel Guy, Ed Justus, Carol Suzawa; and Jan TenBruggencate. Written testimony as well as suggested non-substantive changes can be submitted in writing to the Charter Review Commission, 4444 Rice Street, Suite 150, Lihu'e, HI, 96766 or by e-mail to www.charter(c),kauai.gov. The deadline to submit comments is Friday, May 13, 2011. Information on Charter Commission meetings, hearings, agendas, minutes and documents is available on the county website, www.kauai.gov or at the Office of Boards and Commissions located at the Llhu'e Civic Center, Mo'ikeha Building, Suite 150. Commission meetings are generally held at 4 pm on the fourth Monday of each month at the Llhu'e Civic Center, Mo'ikeha Building, conference rooms 2A and 2B. CRC 2011-01 (a) For more information about the meeting schedule or agenda. please contact Barbara Davis at 241-4919 or via email: bdavis(cDkauai.aov. Proposing A New Section 24.04 Relating to Non-substantive Corrections and Revisions. Findings and Purpose. The Commission finds that the County needs the ability to correct typographical and grammatical errors and make non-substantive format changes to the Charter resulting from clerical mistakes or newly adopted Charter amendments. The purpose of this amendment is to allow the County Attorney to propose corrections to errors in spelling, grammar, gender neutral language and other format changes as well as insert omitted words, section references, Hawaiian language diacritical marks and make other non-substantive revisions to the Charter. The adoption of all non-substantive corrections or revisions proposed by the County Attorney shall be by ordinance approved by a vote of five (5) or more members of the County Council and only upon the conclusion of a duly noticed public hearing. Charter Amendment. Article XXIV of the Kauai County Charter shall be amended by adding a new Section 24.04 to read as follows: "ARTICLE XXIV CHARTER AMENDMENT Section 24.04. Non-substantive corrections and revisions. A. The county attorney may propose non-substantive corrections and revisions to the charter by ordinance. B. In making non-substantive corrections and revisions the county attorney may: 1. Number and renumber articles, sections, and part of sections; 2. Rearrange sections; 3. Change reference numbers to be consistent with renumbered articles, sections, and part of sections under either federal, state, or county law; 4. Substitute the proper article or section number for the terms "the preceding section", "this article", and like terms; Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections) �i� CRC 2011-01 (b) 5. Delete figures where they are merely a repetition of written words; 6. Change capitalization for purposes of uniformity; 7. Correct clerical, typographical, or grammatical errors and insert omitted words or Hawaiian language diacritical marks; 8. Change any male or female gender terms to a term which is neutral in gender when it is clear that the provision is not applicable only to members of one sex and without altering the sense, meaning, or effect of any charter provision; 9. Delete any provision superseded by either federal or state law or any charter amendment; and 10. Incorporate other non-substantive changes as shall be necessaryto provide a uniform and consistent language style throughout the charter. In making such revisions, the county attorney shall not alter the sense, meaning, or effect of any article or section. C. Prior to adoption of the ordinance, the council shall conduct a public hearing on all proposed non-substantive corrections or revisions under consideration. A notice of the public hearing shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the date of the hearing. The public hearing shall be held not earlier than seven (7) days prior to the final reading of the ordinance. D. The ordinance shall be adopted by a vote of five (5) or more members of the County Council." Note: New charter material is underscored. Ballot Question. Shall the County Attorney be allowed to propose non-substantive Charter changes by ordinance that must be approved by a vote of five (5) or more members of the County Council? Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections) I G I An Amendment Relating to Submission Requirements for Initiative and Referendum Petitions. Charter Amendment. Article XXII, Section 22.03 of the Kaua'i County Charter shall be amended to read as follows: ARTICLE XXII INITIATIVE AND REFERENDUM "Section 22.03. Submission Requirement. A. Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the clerk of the council at least ninety-six (96) hours prior to any regular council committee meeting. B. Voters seeking referendum of an ordinance shall submit a referendum petition addressed to the council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of the county. C. Each initiative or each referendum petition must be signed by registered voters comprising not less than twenty percent (20%) of the number of [eligible] registered voters registered in the last preceding general election. D. If an initiative or referendum measure is to be placed on the ballot in a general election, the initiative and referendum petitions must be submitted not less than one hundred twenty (120) calendar days prior to the day scheduled for the general election in the county. " Note: Charter material to be repealed is bracketed. New charter material is underscored. Draft: 3-30.11 (Sec.22.03—Initiative and Referendum) CRC 2011-04 (a) An Amendment Relating to Initiation of Charter Amendments. Charter Amendment. Article XXIV, Section 24.01 of the Kaua'i County Charter shall be amended to read as follows: "ARTICLE XXIV CHARTER AMENDMENT Section 24.01. Initiation of Amendments. Amendments to this charter may be initiated only in the following manner: A. By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council. B. By petition presented to the council, signed by registered voters comprising not less than five percent (5%) of the number of voters registered in the last general election, setting forth the proposed amendments. Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. Upon filing of such petition with the council, the county clerk shall examine it to see whether it contains a sufficient number of apparently genuine signatures of voters." Note: New charter material is underscored. Draft: 3-30.11 (Sec.24.01—Charter Petitions) CRC 2011-05 (a) An Amendment Relating to Establishing A Permanent Charter Review Commission. Charter Amendment. Article XXIV, Section 24.03 of the Kaua'i County Charter shall be amended to read as follows: "ARTICLE XXIV CHARTER AMENDMENT Section 24.03. Charter Review. The mayor with the approval of the council shall appoint, with appropriate staffing, a charter commission composed of seven members who shall serve in accordance with Section 23.02C of this Charter to study and review the operation of the county government under this charter [for a period of ten years commencing in 2007. Thereafter, the mayor with the approval of the council shall appoint a charter commission at ten year intervals]. 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. The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission. The commission shall publish not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter. A. Unless a new charter is submitted to the voters, each amendment to the charter shall be voted on separately. B. If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter, or if no time is fixed, thirty (30) days after its adoption by the voters. Any charter or amendment shall be published in its entirety not more than thirty (30) days after its adoption. Note: Charter material to be repealed is bracketed. Draft: 4-04-11 (Sec.24.01—Permanent Charter Commission) CRC 2011-06 (a) An Amendment Relating to the Election of County Officers. Charter Amendment. Article I, Section 1.03 of the Kaua'i County Charter shall be amended to read as follows: ARTICLE I THE COUNTY AND ITS GOVERNMENT "Section 1.03. County Elections. [A. In general. County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective officers shall be elected by nonpartisan elections. Except as otherwise provided in this charter, such nonpartisan elections shall be held in conjunction with the primary and general elections of the applicable year in which the terms of the mayor, council members, or prosecuting attorney, respectively, end. B. First nonpartisan election. To the extent possible, the first nonpartisan election shall be held in conjunction with the primary election of the applicable year. 1. Offices of the Mayor, Prosecuting Attorney and Council members to be elected by districts, if any. In the case of the offices of mayor, prosecuting attorney, or any council members to be elected by districts, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election. However, if there is only one candidate for each of said offices, such candidate shall be elected. 2. Office of At-Large Council Members. The candidates receiving the highest number of votes shall be elected to fill each vacant at-large council office provided the candidate or candidates receive at least thirty percent of all votes cast for all at- large council offices. In the event of a tie for the last remaining at-large council office the candidates receiving the same number of votes shall be placed on the ballot for the second nonpartisan election. Draft: 4-04-11 (Sec.1.03—County Elections) CRC 2011-07 (a) C. Second nonpartisan election. To the extent possible, the second nonpartisan election shall be held in conjunction with the general election for the applicable year. 1. Offices of the Mayor, Prosecuting Attorney, and Council members to be elected by districts, if any. Unless a candidate for mayor, prosecuting attorney, or council members to be elected by district, if any, is elected in the first nonpartisan election, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election. At the second nonpartisan election the candidates receiving the highest number of votes for mayor, prosecuting attorney and district council member, respectively, shall be elected. 2. Office of At-Large Council members. a. If any at-large council office remains to be filled after the first nonpartisan election, two candidates for each vacant at-large council office shall be placed on the ballot. The names of the candidates receiving the highest number of votes cast in the first nonpartisan election, other than the name of any candidate elected after the first nonpartisan election, shall be placed on the ballot until a sufficient number of candidates are on the ballot as provided in this subsection. At the second nonpartisan election, the candidates receiving the highest number of votes for each vacant at-large office shall be elected. b. In the event of a tie vote in the second nonpartisan election, the winner shall be determined by chance by a method chosen by the county clerk. D. In any subsequent publication of the foregoing sections the term "first nonpartisan election" and "second nonpartisan election" may be changed to "primary election" and "general election", respectively.] A. Nonpartisan Elections. County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective county officers shall be elected by nonpartisan elections. B. Offices of the Mayor and Prosecuting Attorney. Draft: 4-04-11 (Sec.1.03—County Elections) 1. For the offices of mayor and prosecuting attorney, the names of the two candidates receiving the highest number of votes for these offices in the primary election shall be placed on the ballot for the general election. However, if there is only one candidate for each of said offices, such candidate shall be elected in the primary election. 2. At the general election the candidates receiving the highest number of votes for mayor and prosecuting attorney shall be elected. C. Office of At-Large Council members. 1. For at-large council offices, two candidates for each vacant at-large council office receiving the highest number of votes in the primary election shall be placed on the ballot for the general election. 2. At the general election the candidates receiving the highest number of votes for each vacant at-large council office shall be elected. C. Tie votes. In the event of tie votes for any county office in the primary or general election, the winner shall be determined by a method of chance as determined by the county clerk. ' Note: Charter material to be repealed is bracketed. New charter material is underscored. Draft: 4-04-11 (Sec.1.03—County Elections) Various Proposed Amendments Relating to Salaries of County Officers. Article XXIX of the Kaua'i County Charter shall be amended to read as follows: "ARTICLE XXIX SALARY COMMISSION Section 29.01. Organization. There shall be a Salary Commission composed of seven members to establish the salaries of all [councilmembers and all officers and employees included in Section 3-2.1 of the Kauai County Code 1987, as amended] elected and appointed officers as defined in Section 23.01 D of this Charter. Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary-setting decisions. Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of any calendar year. [Subject to Section 29.05, the] The resolution shall take effect without the mayor's and council's concurrence sixty days after its adoption by the commission unless rejected by a vote of not less than five members of the council. The council may reject either the entire resolution or any portion of it. [The respective appointing authority may set the salary of an appointee at a figure lower than the figure established by ordinance for the position.] Section 29.04 Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. Section 29.05 [Changes in Salary. No change in salary of councilmembers shall be effective during the term in which a change is enacted or for twenty-four months after a change is enacted, whichever is less. Section 29.06] Administration and Operation. The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties." Draft: 4-04-11 (Articles XXIX,XXIII&VII—County Salaries) CRC 2011-08 (a) Article XXIII, Section 23.01 D of the Kaua'i County Charter shall be amended to read as follows: ARTICLE XXIII GENERAL PROVISIONS "Section 23.01. Definitions. D. The term "officer" shall include the following: (1) Mayor, prosecuting attorney, and members of the council. (2) Any person excluded from Chapter 76, HRS and the position classification plan who is appointed as administrative head of any department or agency of the county [or as a member of any board or commission]. (3) [The first deputy] Deputies appointed by the administrative head of any department or agency of the county who are excluded from Chapter 76, HRS and the position classification plan. [(4) Deputies of the county attorney.] Article VII, Section 7.03 of the Kaua'i County Charter shall be amended to read as follows: ARTICLE VII MAYOR "Section 7.03. Compensation. The salary of the mayor shall be [$19,000.00 per annum which shall be subject to change by the council. The salary of any incumbent shall be reduced only in the event that a general reduction in salaries of all county officers and employees is simultaneously effected] established in accordance with the provisions of Article XXIX of this Charter. Note: Charter material to be repealed is bracketed. New charter material is underscored. Draft: 4-04-11 (Articles XXIX,XXIII&VII—County Salaries)