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HomeMy WebLinkAbout2011_0523_CharterAgendaPacket Sherman Shirarshi Members: Chair Mary Lou Barela Joel Guy Patrick Stack Carol Suzawa Vice Chair Jan TenBruggeneate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, May 23, 22011 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Lihue, HI 96766 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES Open Session Minutes of April 25, 2011 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 4125/11 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, Kaua'i County Charter, relating to non-substantive corrections and revisions. c. Discussion and possible decision-making on how the Commission can best achieve review of the Charter for recommendations to correct non-substantive items as they relate to grammar, spelling and formatting errors in the Charter and whether to consider budgeting for an outside editor. CRC 2011-04 Discussion and possible decision-making on proposed language to amend Charter Section 22.03.0, relating to submission requirements for initiative and referendum petitions. a. Proposed amendment revising Section 22.03.0, Kaua'i County Charter, relating to submission requirements for initiative and referendum petitions. An Equal Opportunity Enip1qver b. Communication dated 4/26/11 from the Charter Review Commission to the County Attorney's Office requesting recommendations for a proposed amendment to Kauai County Charter §22,031 regarding the legality and compliance with statutes and superior laws as provided for in Rule 4(b) of the Rules of the Kauai County Charter Review and to make recommendations of language revisions that would provide even greater clarity. c. Confidential opinion dated 5/2./11 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kaua'i County Charter §22.03. CRC 2011-05 Discussion and possible decision-making on proposed language to amend Charter Section 24.01.13, relating to the initiation of Charter amendments. a. Proposed amendment revising Section 24.01. B, Kaua'i County Charter, relating to the initiation of Charter amendments. b. Communication dated 4/26/11 from the Charter Review Commission to the County Attorney's Office requesting recommendations for a proposed amendment to Kaua'i County Charter §24.01 regarding the legality and compliance with statutes and superior laws as provided for in Rule 4(b) of the Rules of the Kauai County Charter Review and to make recommendations of language revisions that would provide even greater clarity. c. Confidential opinion dated 5121/11 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kauai County Charter §24.01. CRC 2011-06 Discussion and possible decision-making on proposed language to amend Charter Section 24.03, establishing a permanent Charter Review Commission. (Deferred from 4/25/11 meeting) a. Proposed amendment revising Section 24.03, Kaua'i County Charter, relating to establishing a permanent Charter Review Commission. s') � b. Communication dated 4126/11 from the Charter Review Commission to Mayor Bernard Carvalho, Jr and Chair Jay Furfaro and Members of the County Council requesting their thoughts and comments including what the burden and cost would be to the County if the Charter Review Commission was made a permanent commission by amending Section 24.03, Kaua'i County Charter. Charter Review Commission-- May 23, 2011 2 P' e 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. (Deferred from 4/25111 meeting) a. Proposed amendment revising Section 1.03, Kaua-i County Charter, relating to the election of County Officers. b. Review and consideration of Hawaii Revised Statute §11-157 In case ref tie. CRC 2011-08 Discussion and possible decision-making on proposed language to amend Charter Article XXIX, Section 23.0 1, and Section 7.031 to clarify and update the existing Charter provisions related to the salaries of certain County Officers. (Deferred from 4/25/11 meeting) a. Proposed amendments revising Article XXIX, Section 23.01, and Section 7.03, Kaua'i County Charter, relating to the salaries of County Officers. ANNOUNCEMENTS Next Meeting: Monday, June 27, 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: I, Your name and if applicable, your position/title and organization you are representing: 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. Charter Review Commission— May 23, 2011 3 P a c 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 I desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu.c, HI 96766 E-mail:bdavis(&kaua1.9ov 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—May 23, 2011 41 P Z,l g e COUNTY OF KAUAI URAN 010r OU&N Minutes of Meeting OPEN SESSION Board/Committee- _TCHARTER REVIEW COMMISSION Meeting Date I April 25, 2011 Location Mo'ik,eha Building, Meeting Room 2Al2B Start of Meeting: 4:01 pm I"nd of Meeting: 5:41 prn Present Chair Sherman Shiraishi, Vice-Chair Patrick Stack; Members: Mary Lou Barela, Joel Guy, Ed Justus, Carol Suzawa Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator John Isobe, Administrative Aide Paula Morikami; County Clerk Peter Nakamura Audience Members: Phyllis Stoessel, Horace Stoessel, Councilmember Tim Bynum Excused Member: Jan TenBruggencate Absent DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at with 6 Commissioners present Approval of Chair Shiraishi requested approval to amend the agenda by adding the Agenda following items: Memo from John Isobe dated April 13, 2011 for discussion under Business Item CRC 2011-04 regarding Population and General Election Information for I lawaiTs Dour(4) Counties Letter from Peter Nakamura, County Clerk, dated April 21, 2011 for discussion under Business Item CRC 2011-04 and CRC 2011-05 regarding Clarification on Definition & Use of Terms "Registered" vs. "Eligible" voters Ms. Barela moved to approve the agenda as amended. Mr. Justus seconded the motion. _---motion carried 6:0 Approval of Open Session Minutes of March 28, 2011 Ms. Barela moved to approve the minutes as Minutes circulated. Mr. Justus seconded the motion. ------ Motion carried 6:0 Business CRC 2011-01 Discussion and possible decision-making on proposing a Charter amendment to correct non-substantive items as they relate to Charter Review Commission Open Session April 25, 2011 Page 2 SUBJECT DISCUSSION ACTION 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, Kaua'i County Charter, relating to non-substantive corrections and revisions. Chair Shiraishi noted the press release was published in The Garden Island and the deadline to send comments to the Commission is May 13. The Chair also requested that the Commission be prepared to discuss the proposed amendment to make non-substantive changes to the Charter and the methods of how these changes should be accomplished. Ms. Barela moved to defer CRC 2011-01 to the May 23 meeting. Mr. Justus seconded the motion. Chair Shiraishi stated that there had been a motion and a second to defer this agenda item to the May meeting pending receipt of public input relating to or in response to the newspaper release and called for discussion. Ms. Suzawa asked if the 1996 proposed amendment to make non- substantive changes to the Charter, which did not pass, was the same as the amendment the Commission is currently reviewing. Mr. Isobe said it was pretty much the same in that it would allow the County, via the adoption of an ordinance after a public hearing, to make non-substantive changes to the Charter. Mr. Justus suggested the reason the amendment was not approved in the ast ma have been that some did not want to give the County Attorney the Charter Review Commission Open Session April 25, 2011 Page 3 SUBJECT DISCUSSION AC TION power or ability to make or suggest changes to the Charter since they are appointed by the Mayor and they felt an outside independent contractor should be hired. Since the prevailing law is the more stringent of the laws, Ms. Suzawa suggested that in item 9 of the proposed amendment that the word sul,)erseded should be replaced with preempted while Chair Shiraishi suggested it read: delete any provision preettipted or superseded by either ft,deral law...... Mr. Justus said rather than deleting the provision they could do a strikethrough (Ramsayer) so you could see the change from what was origipaIIy there. Motion carried,6:0 CRC 2011-04 Discussion and possible decision-making on proposed language to amend Charter Section 22.03.0, relating to submission requirements for initiative and referendum petitions. (Deferred from 3/28/11 meeting) (a) Proposed amendment revising Section 22.03.0, Kauai County Charter, relating to submission requirements for initiative and referendum petitions. Chair Shiraishi recalled that Mr. TeriBruggencate made a motion at the March meeting to amend this section, Item C by deleting the first registered in the third sentence. Mr. Isobe explained to the Commission that at the March meeting there was no fiormal proposal that Ran-tsayered the Charter; the ultimate motion was to defer CRC 2011-04 to the April meeting with no formal action being taken on Mr. Teti Bruggericate's proposal. When this amendment was drafted it was drafted as if no than yes were made since the itern was deferred. Charter Review Commission Open Session April 25, 2011 11 age 4 SUBJECT DISCUSSION ACTION Chair Shiraishi asked for a motion to amend Item. C by deleting the first registered in the third sentence and a second motion to move this for review as to legality by the County Attorney's Office. Ms. Suzawa suggested using the same language in Item B, Section 24.01 and in Item C, Section 22.03 and would prefer both sections be changed to say number(�fvoters registered at the last election rather than number of voters registered in the last general election and delete the word preceding Mr. J ustus moved to delete the first registered and preceding in the third sentence of the proposed amendment for Section 22.03. Ms. Barela seconded the motion. Motion carried 6:0 Ms. Barela moved to refer the amendment as amended for review as to legality by the County Attorney's Office. Mr. Justus seconded the motion. Motion carried 6:0 CRC 2011-05 Discussion and possible decision-making oil proposed language to amend Charter Section 24.01.13, relating to the initiation of Charter anicticanents. (Deferred from 3/28/11 meeting) (a) Proposed amendment revising Section 24.01. B, Kaua'i County Charter, relating to the initiation of Charter amendments. Mr. Justus moved to refer the amendment for review as to legality by the County Attorney's Office. Ms. Barela seconded the motion. Chair Shiraishi said at this point they were not looking at the percentage of voters required-, if they look at including too many issues in a charter amendment there is a greater possibility that the amendment may not pass. Mr. Stack said he would like to see the word apparently removed from the Charter Review Commission Open Session April 25, 2011 Page S SUBJECT T µ� _ �__ DISCUSSION - ACTIC>N last section of Section 24.011 because it gives a subjective interpretation to signatures which are either valid or invalid. Mr. Nakamura explained the logistics of how signatures are determined as to whether they are apparently genuine or not by an actual comparison of the signature on a petition with the signature on the voter registration application. Mr. Justus and Ms. Barela withdrew their motion and second respectively. Mr. Justus suggested inserting the C)ff'ce vf'before the words county clerk in the last paragraph of Section 24.01. Mr. Nakamura thought the words county clerk meant that the person who occupies that office is ultimately responsible and it is a good thing to hold that person to that responsibility. The Offlce of the County Clerk could fudge that responsibility. Ms. Suzawa suggested valid as a better word than genuine. Mr. Guy suggested inserting registered before voters in the last sentence. Chair Shiraishi read for the record the amended sentence: "Upon filing of such petition with the council, the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters." Mr. Justus moved to refer the amendment as amended for review as to legality by the County Attorney's Office. Ms. Barely seconded the motion. Motion carried G:0 CRC 2011-06 Discussion and possible decision-making on proposed language to amend Charter Section 24.03, establishing a permanent Charter Review Commission. Charter Review Commission Open Session April 25, 2011 Page 6 SUBJECT DISCUSSION ACTION (a) Proposed amendment revising Section 24.03 Kaua'i County Charter, relating to establishing a permanent Charter Review Commission. Ms. Barela pointed out that considering the old language in the charter and with things around us rapidly changing, the County will again go through the same thing we are doing now if there are no changes or updates in the ensuing 10 years. Mr. Guy said he likes the encouragement of involvement in government and this is another venue for the Commission to work on strengthening their relationship with the public. At this point he would support moving this proposed amendment forward. Mr. Stack commented that the two key operative words for the Commission are-necessary" and"desirable". Although things are changing around us, he would not want to see a perniaiient Charter Commission because he did not think it was '*desirable"however it might be "necessary". So given the operative words, this Commission should be in perpetuity. Chair Shiraishi stated this was not an easy Commission and that continuity was important. To bring in a new Commission every 10 years puts their learning curve very high. While a permanent Commission might be a drain on County resources it would be beneficial and if changes are not "necessary" or"desirable", they would not schedule any meetings or have abbreviated agendas. The benefit of having a perpetual Commission would allow more time for deliberation and thought. Mr. Guy said he would like to learn what strain a permanent Commission would put on the resources. Mr. Justus moved that the Commission re nest Charter Review Commission Open Session April 25, 2011 Page 7 SUBJECT DISCUSSION ------- ACTION what it actually costs the County to operate the Mr. Guy said that charter amendments have a financial obligation to the Charter Review Commission. County which is a big part of the Commission's responsibility and we should continue to look at the effects of these amendments on the County's budget. Mr. Justus withdrew his motion. Ms. Suzawa said charter amendments should not be changed frequently; amendments should be something that will work for a lifetime. Amendments should not accommodate a small number of interests and provide no balance. A full time Commission should review the process by which amendments get on the ballot to see that they comply with and meet the guidelines; too many changes from too many places makes for a document that she might not be happy with. Phyllis Stoessel read to the Commission her rationale from when she first proposed a standing or permanent Commission which turned into a ten year Commission. In 2006, because of the previous 10 year gap, the Charter Commission had to go through a lot just to get started unlike the continuity when Commissioners rotate off after 3 years. Right now, the Charter is a difficult document to use and the Commission needs to do the housekeeping changes that are being proposed. Mrs. Stoessel said she would heartily encourage making the Commission a permanent Commission. When asked whose responsibility it would be to make the non-substantive changes to the charter, Ms. Stoessel believed it was the Charter Review Commission's responsibility. Ms. Barela moved to defer CRC 2011-06 to the May 23, 2011 meeting in order to receive comments from the Administration and Council. Mr. Justus seconded the motion. Motion carried 6:0 CRC 2011-07 Discussion ariq _pp�ssible decision-making on proposed Charter Review Commission Open Session April 25, 2011 Page 8 SUBJECT DISCUSSION ACTION 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 I<aua`i County Charter, relating to the election of County Officers. Chair Shiraishi pointed out that on page 3 of the proposed amendment the last item listing Tie Votes should read item 1) and not C as listed. Mr. Justus moved to change the wording for`fie Votes to read: "In the event of tie votes for any county office in the primary or general election, the winner shall be determined by the methods us determined by the Hawaii Devised Statutes (11- r. Justus said ties are not broken by chance by the county clerk; there is a 157)" long system of how ties are broken. Ms. Barela asked that H.R.S. I I-157 be included in the next meeting packet for the Commission's information. Horace Stoessel explained his understanding of how Section 1.03 became a part of the charter in 1996. Any specifics regarding elections would be covered either by State Law or by ordinance and the Commission should take this into consideration before making any final decisions. Mr. Justus withdrew his motion. Shiraisi said he would like to do more research on this matter considering what Mr. Stoessel said. Ms. Barela moved to defer CRC 2011-07 to the May 23, 2011. meeting and to include consideration ofl-I.R.S. I 1-157. Mr. Justus seconded the motion. Motion carried 6:0 Mr. Justus moved to accept Mr. Nkamura's letter of April 21, 2011 with thanks. Mr. Stack Chat-ter Review Commission Open Session April 25, 2011 Page 9 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 6:0 CRC 2011-08 Discussion and possible decision-making on proposed language to amen d 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, Kaua'i County Charter, relating to the salaries of County Officers. Mr. Isobe informed the Commission that this proposal was not drafted for the purpose of introduction as a valid charter amendment because it covers multiple topics. This proposed amendment is trying to distill the changes that affect County salaries and the inconsistencies in those salaries. Because there are so many provisions that are affected, if one change gets approved but another provision in another section is not approved there would continue to be these inconsistencies. Additionally, it speaks to the difficulty of bringing all the inconsistencies into conformance when each ballot question needs to be related to a specific item. Mr. Justus asked Mr. Isobe what would be involved in drafting an entirely new charter. Mr. Isobe responded it would entail reviewing the charter from cover to cover and going word-by-word and literally rewriting the entire docuitient. Ms. Barela asked if there was not some type of system that would check the charter to ensure continuity. Mr. Isobe said when you are referencing provisions within the charter you need to understand the charter in order to know where those relationships are throughout the charter. Mr. Justus asked if a line could be included in the charter that would act as a catchall that would adjust inconsistencies. Mr. Isobe said that would be part of the effort to have the County do non-substantive changes which would Charter Review Commission Open Session April 25, 2011 Page 10 SUBJECT _. D1SCt7S 1ON ACTION allow someone in the County to amend that particular section of the charter. _. Mr. Isobe further explained why the online codified version of the charter is unofficial; currently there is no way to legally codify the charter without the public voting and approving the codified version. This is why the"official" version of the charter, which has all of the amendments attached at the hack and never folded into the main body of the charter, is the one kept by the county clerk. Ms. Suzawa and Chair Shiraishi noted that Councilmember Bynum had exited the meeting earlier without speaking with the Commission on any of the issues. Ms. Suzawa felt that changes to the charter would not be a priority at a Council meeting. She would like to hear what Councilmembers have to say and whether this is a responsibility they are willing to take on. Chair Shiraishi noted it would not be an imposition on the Council the way the proposed amendment was worded. Regarding a budget to hire an outside legal editor, Mr. lsobe said be still was not clear on exactly what the Commission was asking and would this be just for grammar or for researching outdated information. Attorney Winn explained that to hire special counsel only the County Attorney's Office with the approval of Council can do that; an editor is one thing but to ask for special counsel there is a specific process currently in the charter to cover this. Ms. Suzawa moved to defer CRC 2011-013 to the May 23, 2011 meeting. Mr. Guy seconded the Phyllis Stoessel agreed with the removal of Section 20.05 as affects motion. Councihnennbers salaries. Horace Stoessel said he certainly agreed with the issue (on Councilmembers salaries). Since this is not a charter amendment proposal as such, Section 29.01 does not offer any improvement as a substitute for the current language. Mr. Stoessel said he does not know what I .R.S. Chapter 76 and tlne can classificatioq an specificall includes but thou xht the Count Charter Review C"omission. Open Session April 25, 2011 Page I 1 SUBJ CT _ DISCUSSION � ACTION _.. _. was getting along fine with the definition of"officers"that is currently in the charter. In Section 29.03, the omission of the provision that says The respective appointing;authority may scat the salary vf'an appointed at ca fi,gur°d lower than the figure established by ordinance far°the position overlooks the rationale for that provision. The rationale is that it was put in there as a management tool, under the current setup technically the Salary Commission sets the salaries for elected officials and sets "seedlings" for everybody else. The appointing authority for each of these non-elected people has the ability to adjust salary downward when they hire someone or when dealing with salary increases and this is one of the most important provisions in this article. People have tended to assume or to attribute more importance to the 60 day deadline than it deserves. Section 29.03 spells out the effective timeline for the Resolution and that it may be rejected in its entirety or any portion thereof. What the current proposal does not say is that the Council can enact the Salary Resolution at any time before that sixty day deadline and perhaps that needs to be added to Article XXLX which. could clarify some of the related confusion that has occurred over the past 4 Motion carried_6:0__ Announcements Next Meeting: Monday, May 23, 2011 Chair Sbiraishi noted that the Commission will require some follow up from Staff and the _County Attornev's Office for the next meetin�. Adjournment Mr. Justus moved to adjourn the meeting at 5:41 pm. Mr. Stack seconded the motion. Motion carried(i:0 Submitted by: .___.._._ .... Reviewed and Approved by: Barbara Davis, Support Clerk Sherman Shiraishi, Chair ( Approved as is. { j Approved with aunendments. See minutes of meeting. 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" /I, this article", and like terms; Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections) CRC 2011-01 (b) 5. Delete figures where they are merely a repetition of written words; E. 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 or state law or any charter amendment; and 10. Incorporate other non-substantive changes as shall be necessary to 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 an 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 an ordinance to correct typographical, grammatical and other minor errors to the Charter 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) -01 (b) CRC 2011 An Amendment Relating to Submission Requirements for Initiative and Referendum Petitions. Charter Amendment, Article XXII, Section 22.03 of the Kauai 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] 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) 4 _ * Sherman Shiraishi, Chair j f Members: '- Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUAI COUNTY CHARTER REVIEW COMMISSION TO: Jennifer Winn, Deputy County Attorney Cc: Alfred Castillo, County Attorney Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson, Charter Review Commission - Via John isobe, Administrator, Office of Boards & Commissi ns DATE: April 26, 2011 RE: Request for Legal Review and Comment Amendment Proposals to the Kauai County Charter §22.03 and §24.01 At its meeting of April 25, 2011 The Charter Review Commission approved language changes on two (2) Charter amendment proposals attached hereto and directed that said proposals be transmitted to the County Attorney's Office for any recommendations regarding the legality and compliance with statutes and superior laws as provided for in Rule 4{b} of the Rules of the Kauai County Charter Review Commission. The Commission also requests that as part of this review, the County Attorney's Office make a determination on whether the Charter amendment proposals contained in the above-mentioned Exhibits clearly address the stated Purposes as well a make any recommended language revisions that would provide even greater clarity. The next Charter Review Commission meeting is scheduled for Monday, May 23, 2011. In order to allow our office time to properly prepare for this meeting, we would appreciate receiving your written response by May 12, 2011. If you are unable to provide a response by the date above, or if you have any questions, please contact me. Thank you. CRC 2011-04 b, An Amendment Relating to Initiation of Charter Amendments, Charter Amendment. Article XXIV, Section 24.01 of the Kauai 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] valid signatures of registered voters."' Note: New charter material is underscored. Draft: 3-30-11 (Sec.24.41—Charter Petitions) CRC 2011-05 (a) o L t Sherman Shiraishi, Chair t Members. Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUA`I COUNTY CHARTER REVIEW COMMISSION TO: Jennifer Winn, Deputy County Attorney Cc: Alfred Castillo, County Attorney Gary Hen, Managing Director a FROM: Sherman Shiraishi, Chairperson, Charter Review Commission Via John Isobe, Administrator, Office of Boards & Commissi ns DATE: April 26, 2011 RE: Request for Legal Review and Comment Amendment Proposals to the Kauai County Charter §22.03 and §24.01 At its meeting of April 25, 2011 The Charter Review Commission approved language changes on two (2) Charter amendment proposals attached hereto and directed that said proposals be transmitted to the County Attorney's Office for any recommendations regarding the legality and compliance with statutes and superior laws as provided for in Rule 4(b) of the Rules of the Kauai County,Charter Review Commission. The Commission also requests that as part of this review, the County Attorney's Office make a determination on whether the Charter amendment proposals contained in the above-mentioned Exhibits clearly address the stated Purposes as well a make any recommended language revisions that would provide even greater clarity. The next Charter Review Commission meeting is scheduled for Monday, May 23, 2011. In order to allow our office time to properly prepare for this meeting, we would appreciate receiving your written response by May 12, 2011. If you are unable to provide a response by the date above, or if you have any questions, please contact me. Thank you. CRC 2011-05 b. 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 23.020 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.©1—Permanent Charter Commission) ...... -----------,,--,---CRC 2011-06 a. Sherman Shiraishi, Chair Members: Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUAI COUNTY CHARTER REVIEW COMMISSION TO: Mayor Bernard P. Carvalho, Jr. Chair Jay Furfaro and Members of the County Council Cc: Gary Heu, Managing Director Peter Nakamura, County Clerk FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Administrator, Office of Boards & Commissi ns DATE: April 26, 2011 RE: Request for Input and Comments Amendment Proposal to the Kaua'i County Charter Article XXIV, §24.03 The Charter Review Commission, at its meeting on April 25, 2011, requested that the Administration and County Council provide comments regarding the attached Charter Amendment proposal. The Commission would like to know your thoughts and comments including what the burden and cost would be to the County if the Charter Review Commission was made a permanent commission. The next Charter Review Commission meeting is scheduled for Monday, May 23 2011. In order to allow our office time to properly prepare for this meeting, we would appreciate receiving your written response by May 12, 2011. If you are unable to provide a response by the date above, or if you have any questions, please contact me. Thank you. CRC 2011-06 b. An Amendment Relating to the Election of County Officers. Charter Amendment. Article 1, Section 1.03 of the Kauai 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 count 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. D. 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) Page I of 2 §11-157 In case of tie. in case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or county clerk in the case of county elections in accordance with the following procedure : (1) in the case of an election involving a seat for the senate, house of representatives, board of education, or county council where only voters within a specified district are allowed to cast a vote, the winner shall be declared as follows : (A) For each precinct in the affected district, an election rate point shall be calculated by dividing the total voter turnout in that precinct by the total voter turnout in the district . For the purpose of this subparagraph, the absentee votes cast for the affected district shall be treated as a precinct . The election rate point shall be calculated by dividing the total absentee votes cast for the affected district by the total voter turnout in that district. All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth. (B) The candidate with the highest number of votes in a precinct shall be allocated the election rate point calculated under subparagraph (A) for that precinct . in the event that two or more persons are tied in receiving the highest number of votes for that precinct, the election rate point shall be equally apportioned among those candidates involved in that precinct tie . (C) After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as provided under subparagraph (B) , the election rate points allocated to each candidate shall be tallied and the candidate with the highest election rate point total shall be declared the winner. (D) If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the precinct with the largest voter turnout shall be declared the winner. (2) in the case of an election involving a federal office or an elective office where the voters in the entire State or in an entire county are allowed to cast a vote, the winner shall be declared as follows : (A) For each representative district in the State or county, as the case may be, an election rate point shall be calculated by dividing the total voter turnout in that representative district by the total voter turnout in the state, county, or federal office district, as the case may be; provided that for purposes of this subparagraph: (i) The absentee votes cast for a statewide, countywide, or federal office shall be treated as a separate representative district and the election rate point shall be calculated by dividing the total absentee votes cast for the statewide, countywide, or federal office by the total voter turnout in the state, county, or federal office district, as the case may be . (ii) The overseas votes cast for any election in the State for a federal office shall be treated as a separate representative http://www.capitol.hawaii,gov/hrscurrentiVo101-Ch0001-0042F/HRSOOII/HRS-0011-0157.htm CRC' 2011-07b. Page 2 of 2 district and the election rate point shall be calculated by dividing the total number of overseas votes cast for the affected federal office by the total voter turnout in the affected federal office district . The term "overseas votes" means those votes cast by absentee ballots for a presidential election as provided in section 15-3 . All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth. (B) The candidate with the highest number of votes in a representative district shall be allocated the election rate point calculated under subparagraph (A) for that district . in the event that two or more persons are tied in receiving the highest number of votes for that district, the election rate point shall be equally apportioned among those candidates involved in that district tie . (C) After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as prescribed under subparagraph (B) , the election rate points allocated to each candidate shall be tallied and the candidate with the election rate point total shall be declared the winner. (D) if there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the representative district with the largest voter turnout shall be declared the winner. [L 1970, c 26, pt of §2; gen on 1985; am L 1990, c 198, §2; am L 1996, c 239, §21 Previous YoIOI Ch0001-0042F Next http://www.capitol.hawaii.gov/hrscurrent/VolO I-ChOOO I-0042F/HRSOO I I/HRS-00 11-0 1 57.htin 4/27/2011 Various Proposed Amendments Relating to Salaries of County Officers. Article XXIX of the Kauai 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 29.061 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,xxin&vii—county Salaries) CRC 2011-08 a. Article XXIII, Section 23.01 D of the Kauai 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 V11, Section 7.03 of the Kauai 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: 4-0411 (Articles XXJX,XXIII&VII—County Salaries)