Loading...
HomeMy WebLinkAbout2011_0725_Charter Agenda Packet mob Sherman Shiraishi Members: Chair Mary Lou Barela Joel Guv Patrick Stack Carol Suzawa Vice Chair Jan Tenl3ruggencate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, July 25, 2011 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Llhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of May 23, 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 5123/11 meeting) 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 a 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. (ongoing) d. Communication dated 5/25/11 from the Charter Review Commission to the County Attorney and the County Clerk requesting their input and comments regarding their department's manpower capacity and capability to perform the task of correcting non-substantive items to the Kaua'i County Charter. CRC 2011-06 Discussion and possible decision-making on proposed language to amend Charter t__ :n Section 24.03, establishing a permanent Charter Review Commission. (Deferred from 51231`11 meeting) a. Proposed amendment revising Section 214.03, Kaua'i County Charter, relating to establishing a permanent Charter Review Commission. t� b. Communication dated 4/261"11 from the Charter Review Commission to Mayor Bernard Carvalho, Jr., and Chair Jay Furtaro and Members of the County Council An Equal Opportunity Eniployer requesting their thoughts and comments including what the burden and cost would Z� be to the County if the Charter Review Commission was made a permanent commission by amending Section 24.03, Kaua'i County Charter. c. Communication dated 5/19/11 from Mayor Bernard Carvalho, Jr., responding that the establishment of a permanent Charter Review Commission appeared to be premature since the Commission was only at the midpoint of its existing ten year cycle. d. Communication dated 7;'8,`11 from Council Chair Jay Furfaro to Commission Chair Sherman Shiraishi via John Isobe, Administrator, Boards and Commissions requesting Mr. Shiraishi to attend the 7,`13"11 Committee of the Whole to discuss costs and benefits of a permanent Charter 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, Kaua'i County Charter, relating to the election of County Officers. b. Communication dated 515;11 from the Charter Review Commission to the County Attorney's Office requesting recommendations for a proposed amendment to Kauai County Charter §1.03 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 6119/11 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 §1.03. 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. (Deferred from 4/25111 meeting) a. Proposed amendments revising Article XXIX, Section 231.01, and Section 7.031 Kaua'i County Charter, relating to the salaries of County Officers. b. Communication dated 6/17/11 from Charter Review Commission to the Salary Commission requesting their review and comments regarding proposed language 4:� changes to the Kaua'i County Charter, Article X?SIX Salary Commission, Article XXIII General Provisions and Article VII Mayor. Charter Review Commission—July 25. 20 11 2 Pat L, c h CRC 2011-09 Communication dated 7/131111 from the Cost Control Commission to the Charter Review Commission requesting consideration of placing a proposed Charter Amendment to Article XV Establishing a Department of Human Resources on the 2012 General Election Ballot. a. Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Services. b. Communication dated 61/23/11 from the Civil Service Commission to the Cost Control Commission supporting the transition to a Human Resources Department. Z, c. Confidentiality waived on the communication dated 6128111 from the County Attorney's Office to the Cost Control Commission providing legal review and comment on the proposed Charter Amendment to Article XV. CRC 2011-10 Discussion on Article XXVIII, Cost Control Commission, Section 28.05, Reports, as it relates to the annual report and mandates contained therein. CRC 2011-11 Discussion and possible decision-making on Article XXIII, General Provisions, Section 23.02 H. as it relates to eliminating term limits for board and commission members. ANNOUNCEMENTS Next Meeting: Monday, August 22, 2011 at 4:00 pin in the Mo'ikeha Building, Meeting Room 2A1B ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §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 HRS §92-4 and shall be limited to those items described in HRS §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 vou 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 Charter Review Commission—July 2 5, 2011 3 1 P e A.01% ME 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 testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu'e, HI 96766 E-mail:bdavi s(i�,,,kauai.,Lyo v 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—July 25, 2011 4 1 is �R��� T �f � �ro��I I TPi B10 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I May 23,2011, Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 4:01 pm End of Meeting: 5:02 pin, Present Chair Sherman Shiraishi Members: Joel Guy; 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 Morikann Excused Member: Mary Lou Barela Absent Vice-Chair Patrick Stack ffL- AL A SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 4:01 pmwitl15Coinmissioners es __ _prc�_cnt M7 Approval of Justus moved to approve the agenda as Agenda circulated, Ms. Suzawa seconded the motion. -------- _-Motion carried 5:0 Approval of Open Session Minutes of April 25, 2011 Ms. Suzawa moved to approve the minutes as Minutes circulated. Mr. TenBruggencate seconded the -motion. Motion carried 5:0 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 4/25/11 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 p)s sible decision-makin on how the Commission can best � Charter Review Commission Open Session May 23, 2011 Page 2 SUBJECT ----,---------,--DISCUSSION ACTION 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. Staff reported that no input from the public had been received as a result of the press release, It was also pointed out that the word "nori-substantive" may have caused confusion and concern in past elections and has now been taken out of the proposed ballot question for that reason. Mr. Guy said he did not feel qualified to work on grammar and would want the Attorney involved in this. Mr. Justus suggested rather than the County Attorney proposing an ordinance, give the County Clerk the ability to make non-substantive changes with the approval of the County Attorney's Office. Mr, TenBruggencate agreed it might make sense for changes to be the collaboration of the two offices since the County Attorney is an appointee of the Mayor and the County Clerk is an appointee of the Council. A recess was called at 4:12 p.m.; meeting was called back to order at 4:15 pm Mr. Justus further suggested they get the County Clerk's opinion on placing that responsibility with the County Clerk. Chair Shiraishi said he did not mind getting input from both the County Clerk and the County Attorney, Mr, TenBruggencate moved to defer this item to the June meeting and ask both the County Attorney and the County Clerk to submit their comments on their being the agencies to propose changes to the charter. Ms. Suzawa seconded the motion. Motion carried 5:0 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. Charter Review Commission Open Session May 23, 2011 page 3 StJBJECT DISCUSSION a. Proposed amendment revision Section 22.03.C, Kaua'i County Charter, relating to submission requirements for initiative and referendum petitions. 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 §22.03 regarding the legality and compliance with statutes and superior laws as provided for in Rule 4(b) of the Rules of the Kaua'i County Charter Review and to make recommendations of language revisions that would provide even greater clarity. c. Confidential opinion dated 5/2111, from Deputy County Attorney Jennifer Winn olTering legal guidance as to the legality and compliance of a proposed charter amendment to Kaua'i County Charter §22.03. Mr.Justus moved that the Commission release the County Attorney's confidential opinion and place it on public record. Motion died for lack of a Chair Shiraishi pointed out that Rule 4 of the Charter Commission provides second. the procedures by which the Commission submits any proposals for inclusion on the ballot. This proposed amendment has gone through the first two steps; step one being the proposal and step two the rendering of the opinion h, E, from the County Attorney's Office regarding legality. The third step is the Commission's duty to reconsider the proposal and make necessary changes and possibly approve it for inclusion on the ballot and further revisit it anytime prior to its inclusion on the ballot. Mr. TenBruggencate moved to approve the language as submitted. Mr. Justus seconded the motion. Motion carried 5:0 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. Charter Review Commission Open Session May 23, 20 11 Page 4 S U BJ Ecr DISCUSSION ACTION 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 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 §24.01. Chair Shiraishi stated that an opinion from the County Attorney had been received regarding the legality of this proposed amendment. Ms. Suzawa moved to approve the language as submitted. Mr. Justus seconded the motion. Motion carried 5:0 CRC 2011-06 Discussion and possible decision-making on proposed language to amend Charter Section 24.03, establishing a permanent Chat-ter Review Commission (Deferred from 4/25/1 meeting) a. Proposed amendment revising Section 24.03, Kauai County Charter, relating to establishing a permanent Charter Review Commission. b. Communication dated 4/26/11 from the Charter Review Commission to Mayor Bernard Carvalho, Jr., and Chair Jay Furfaro and members of the Cou_ty_Couneilecluesting their thoughts and comments includin what the Charter Review Commission Open Session May 23, 2011 Page 5 SUBJECT DISCUSSION ACTION burden and cost would be to the County if the Charter Review Commission was made a permanent commission by amending Section 24.03, Kauai County Charter. Chair Shiraishi acknowledged receipt of the letter dated May 19, 2011, from the Mayor which was circulated to the Commission. Mr. TenBruggencate thought the Mayor did not have strong feelings one way or the other and because this is a sufficiently momentous decision, it should be discussed in the presence of the entire Commission. Mr. TenBruggencate moved to defer this item to the June 27 meeting. Ms. Suzawa seconded the motion. Mr. Isobe informed the Commission that the County Council would like this item to be deferred until after the Council's June 29 meeting to allow them time to review and provide additional comments relative to this matter. Mr. TenBruggencate amended his motion to defer this item to the July 25 meeting. Mr. Justus seconded the motion. Motion carried 5:0 CRC 2011-07 Discussion and possible decision-making on proposed--- language to amend Charter Section 1.03, clarifying the existing Chat-ter provisions related to the election of County Officers. (Deferred from 4/25111 meeting) a. Proposed amendment revising Section 1.03, Kauai County Charter, relating to the election of County Officers. b. Review and consideration of Hawai'i Revised Statute §11-157 In case of tie. Mr. Justus said he would like to see this proposed amendment include a change regarding the tic votes to reflect the Hawaii Revised Statutes and better that would be a non-substantive change, the members � _tbat Charter Review Coninussion Open Session May 23, 2011 Page 6 --------------- DISCUSSION ACTION felt the change would be considered substantive. Attorney Winn was not sure if the Charter would be pre-empted by State law because the County would have home rule pursuant to State law and this may be one of those provisions where Charter law would trump State law. Attorney Winn said she would prefer to have time to research this matter. Mr. TenBruggencate moved to refer this to the County Attorney's Office for review and specifically to research the general language of the change and to make recommendations on the issue of resolving tic votes, Chair Shiraishi stated that even if the County has home rule just based on the Commission's discussion there appears to be some aversion to having a tie vote decided a method of chance. Mr. Justus seconded the motion, Chair Shiraishi said even if they approve the proposed amendment as is and refer it to the County Attorney's Office there will still be future opportunities to discuss it, Chair Shiraishi asked if they wished to approve the proposed amendment as is and ask for a legal opinion, Mr. TenBruggencate amended his motion to approve the proposed amendment and refer to the County Attorney for legality and compliance with applicable laws with specific reference to subsection D as it relates to H.R.S. §I 1-157. Mr. Justus seconded the motion. Motion carried 5.0 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 (Deferred from 4/25/11 meeting) a. Proposed amendments revising Article XXIX, Section 23,01, and Section 7.03, Kaua'i County Charter, relatirn-,to the salaries of County Officers. Charter Review Commission Open Session May 23, 2011 Page 7 ----_SUBJECT DISCUSSION Mr. 'renBruggencate suggested they amend Mr. Justus' motion to include everyone whose salaries would be affected. t Mr. Justus moved that the Commission request the opinion of the Salary Commission on the Chair Shiraishi said the last sentence of Section 29.03 currently reads that the proposed changes before making any decisions, respective appointing authority may set the salary of an appointee at a figure lower than the figure established by ordinance for the position and questioned why you would pay less than the recommendation. Mr. Isobe ffir", said the Salary Commission sets the upper ceiling and if someone were hired with less than ideal qualifications you would start them at a lower rate and move them up as they perform in the position. Chair Shiraishi pointed out that §29.01 states that the Salary Commission will establish the salaries of all councilinembers, all officers and employees; if you give the appointing authority the power to reduce the salary are you not going against the authority of the Salary Commission. Mr. Isobe said currently we are reading §29.01 and §29.02 together where the Salary Commission does set the upper limits of the salary; they then adopt the policies governing the salary setting decisions, Mr. Justus suggested they include the language"members to establish the salary limits of all such"with Chair Shiraishi adding "maximum salaries". Ms. Suzawa felt that if the County Attorney would review the proposal for legalities she might have a better understanding of the amendment and suggested this amendment be passed on for first reading. Mr. TenBruggencate did not think they should burden the County Attorney's Office at this point since they have not heard from the Salary Commission and some of the other organizations that might be impacted because there might be considerable changes. Mr. Justus moved to defer this itern until an opinion is received fro Chair Shiraishi suggested massaging some of the language of the proposed m,the Salary Commission amendment before further action is taken and suggested in Section 29,01 they insert the word maximum between the words "the" and "salaries" in the second sentence. The last sentence in Section 29.03 should remain as part of Charter Review Commission Open Session May 23, 2011 Page 8 SUBJECT DISCUSSION ACTION the Section by removing the brackets and the word maximum should be added to the last sentence between "the" and "figure". Mr. Isobe referred to the last sentence of Section 29.03 that was just reinstated by the Commission which allows the respective appointing authority to set the salaries. The problem that the county ran into in the previous cycle of salary increases with the elected officials, i.e., the Mayor, members of the County Council and the Prosecuting Attorney, is the Mayor had wanted to take a salary reduction, or not take the raise, but it was determined that the appointing authority for elected officials is the voters and so it did not allow the elected officials to take a salary less than the maximum. The purpose of removing that Section was to allow the Salary Commission and or the elected officials the flexibility to take a lesser salary than that established by the Salary Commission which currently could not occur. The appointing authority is relevant in cases where it is not an elected official. Following up on why Section 29.05 Changes in Salary should be deleted, Mr. TenBruggencate said this is an artifact from the days when the Council set its own salaries. They could only change the salary for the next Council; they could not change their own and now the Council no longer sets its own salary. Mr. Justus wanted to include in Section 29,03 that elected officials may voluntarily take a lower salary. Mr. Justus moved to add the word maximum to Section 29.01, add the word maximum to the las sentence of Section 29.03 and remove the brackets from that same sentence and to add the sentence Elected qfticials may voluntarily take a lower salary to the last sentence of Section 29.03 and defer pending review and comments from the Salary Commission. Mr. TenBruggencate Mr. Isobe noted that the Salary Commission would probably not be meeting seconded the motion. Motion carried 5:0 _prior to the Charter Commission's next meeting. Adjournment Mr. Gu oved to autn the pl-Le n Charter Review Commission Open Session May 23, 2011 Page 9 SUBJECT DISCUSSION ACTION p.m. Mr. Justus seconded the motion. Motion carried 5:0 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk- Sherman Shiraishi, Chair Approved as is. Approved with amendments. See minutes of meeting. OMNI lq- gmgge 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) 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 pre-empted or superseded by either federal 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) CRC 2011-01 (b) -----------­­---------- Ale 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: Alfred Castillo, County Attorney Peter Nakamura, County Clerk Cc: Jennifer Winn, Deputy County Attorney Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Administrator, Office of Boards and Commiss ns DATE: May 25, 2011 RE: Request for Comments At its meeting on May 23, 2011, the Charter Review Commission discussed the possibility of giving either the County Attorney's Office or the County Clerk's Office the responsibility of correcting non-substantive changes as they relate to grammar, spelling, and formatting errors in the County Charter. The Commission is considering a Charter Amendment ballot question which would assign the task of correcting non-substantive items to either the County Attorney's Office or the County Clerk's Office. Before making its decision on which department is best able to perform this task, the Commission would appreciate receiving your input including any comments regarding your department's manpower capacity and capability to perform this additional responsibility. The next Charter Review Commission meeting is scheduled for Monday,June 27, 2011. In order to allow our office time to properly prepare for this meeting, we would appreciate receiving your written response by June 17, 2011. If you are unable to provide a response by the date above, or if you have any questions, please contact Paula Morikami at 241-4922. Thank you. Attachment: CRC X111-01 b—proposed amendment creating a new Section 24.0L4 CRC 2011-01 d 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. CRC 2011-06 a Draft: 4-04-11 (Sec.24.01—Permanent Charter Commission) W Sherman Shiraishi, Chair Members: Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzaxva 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 & Commissions DATE: April 26, 2011 RE: Request for Input and Comments Amendment Proposal to the Kauai 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 wfr OF Bernard P. Carvalho. Jr. Gary K. Heu Mayor Managing Director OFFICE OF THE MAYOR County of Kauali, State of Hawaii 4444 Rice Street,Suite 235,Lihu'e, Hawai'i 96766 TEL(808)241-4900 FAX(808)241-6877 May 19,2011 Mr. Sherman Shiraishi, Chairperson and Members of the Charter Review Commission 4444 Rice Street, Suite 150 L-ihu'e, HI 96766 Dear Chairperson Shiraishi and Members: RE: Comments Related to Establishing A Permanent Charter Review Commission. This letter responds to your inquiry dated April 26, 2011 seeking comments from the County Administration regarding a proposed Charter Amendment to Establish a Permanent Charter Review Commission. Since the Charter Review Commission is currently only at the midpoint of its existing ten year cycle, it appears a little premature to decide whether the Charter Review Commission should be provided with permanent status. My hesitation is based on the following: I. Has the Commission clearly determined and outlined the remaining work and proposed amendments that it hopes to accomplish by 2016? If so, does this effort require permanent status or just a predetermined time extension for completion? 2. If in 2016 the Charter Review Commission reverts back to a once every ten year cycle, Charter amendments could still be considered via resolutions adopted by the County Council andilor citizen initiated petitions during each ten year interval. Assuming that the Commission can complete its work by 2016, what would be the rationale for continuing the Commission for an indefinite period of time? Regarding the burden and cost to the taxpayer for providing the Charter Review Commission with permanent status, prudent decision making requires that the County weigh the cost against the overall public need and benefit. In the near term, I would be open to considering additional Z:� support for the Charter Commission if you feel it is necessary to facilitate your work and would An Equal Opportunity Emplqver CRC 2011-06 c ask that you discuss your requirements with our Office of Boards and Commission Administrator, John Isobe. Given that my comments are very preliminary in nature, should the Commission desire a more definitive response, I would be glad to discuss this matter with you in more detail. Sine 1,y, Bernard P. Carvalho, Jr. Mayor COUNTY COUNCIL or �OFICE OF THE COUNTY CLERK Jay Furfaro,Chair JoAnn A.Yukimura,Vice Chair j Peter A.Nakamura,County Clerk Tim Bynum Eduardo Topenio,Jr., Deputy County Clerk Dickie Chang KipuKai Kuali'i Telephone(808)241-4188 OF Nadine K.Nakamura Fax (808)241-6349 Mel Rapozo Email cokcouncil,(.w—kauai,gov Council Services Division 3371-A Wilcox Road L-1hu'e,Kaua'i,Hawaii 96766 MEMORANDUM 2-U July 8, 2011 B 0 A R Cj E, TO: Jo Isobe, Administrator, Boards and Commissions FROM: Ja urfaro, Council Chair ATTENTION: Sherman Shiraishi, Chairman, Charter Commission RE: Attending Committee of the Whole Meeting Please attend the July 13, 2011 Committee of the Whole meeting to discuss costs and benefits of the proposed Charter Amendment that would convert the Charter Commission to a permanent body. Thank you for your prompt attention to this matter. cc: Gary Hen, Managing Director Pm/Lc D: 2012-24 CRC 2011-06 d AN EQUAL OPPORTUNITY EMPLOYER 9 11 0-11 0 An Amendment Relating to the Election of County Officers. Charter Amendment. Article 1, 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 (Set.1.03—County Elections) I CRC 2011-07 a __J 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 coun officers shall be elected by nonpartisan elections. B. Offices of the Mayor and Prosecuting Attorney. Draft: 4-04-11 (Sec.1.03—County Elections) CRC 2011-07 X ------------ MddM 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 primaa 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. Q. 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) CRC 2011-07 sm Sherman Shiraishi Chair °° ' = ` '= # Members. r" Mary Lou Barela Patrick. Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzaa KAUAI COUNTY CHARTER REVIEW COMMISSION TO: Alfred Castillo, County Attorney Cc: Jennifer Winn, Deputy County Attorney Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Administrator, Office of Boards and Commissi ns DATE: May 25, 2011 RE: Request for Legal Guidance or Opinion rrrrrrrrrrrrrrrrrrrrrrrrr u u rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrr� At its meeting on May 23, 2011, the members of the Charter Review Commission who were present unanimously approved the Charter amendment proposal attached hereto as Exhibit "A" and directed that said proposal 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 requested that as part of this review, the County Attorney's Office make a determination on whether the statutory provisions contained in HRS §I 1-157 would preempt and supersede the language proposed in the subsection D of the proposed Charter amendment. The next Charter Review Commission meeting is scheduled for Monday, June 27, 2011. In order to allow our office time to properly prepare for this meeting, we would appreciate receiving your written response by June 17, 2011. If you are unable to provide a response by the date above, or if you have any questions, please contact Paula Morikami at 241-4922. Thank you. CSC 2{ 11-07b 10 WIFF 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 maximum 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 Q 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 maximum figure established by [ordinance] the salary commission for the position. Provided however, elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their 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 Draft: 4-04-11 (Articles XXIX,XXIII&Vil—County Salaries) CRC 2011-08 a 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) 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 V11, 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) A M11-11h �z 1, Sherman Shiraishi, Chair Members: Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUAII COUNTY CHARTER REVIEW COMMISSION TO: Charlie King, Vice-Chair and Members of the Salary Commission Cc: Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Administrator, Office of Boards and Commissi DATE: June 17, 2011 RE: Request for Review and Comments At its meeting on May 23, 2011, the members of the Charter Review Commission who were present unanimously approved that the Charter amendment proposal attached hereto as Exhibit "A"be transmitted to the Salary Commission for its review and comments regarding its proposed language changes to the County Charter, Article XXIX Salary Commission, Article XXIII General Provisions, Article VII Mayor. The Charter Review Commission plans on putting this proposed amendment back on a future agenda once it receives comments from you. We look forward to hearing from you. If you have any questions, please contact Paula Monikami at 241-4922 Thank you. CRC 2011-08 b Sandi Sterker Members: Chair Lawrence Chaffin Jr. Brant Fuchigami Glen Tak-enouchi Laurie Yoshida Dirk Apao Vice Chair OF COUNTY OF KAUAI COST CONTROL COMMISSION TO: Sherman Shiraishi, Chair and Members of the Charter Review Commission Cc: Mayor Bernard P. Carvalho, Jr. Gary Heu, Managing Director Alfred Castillo, County Attorney Malcolm Fernandez, Personnel Director Ryan De La Pena, Chair and Members of the Civil Service Commission Jay Furfaro, Chair and Members of the County Council FROM: Sandi Sterker, Chair, Cost Control Commission Via: John Isobe, Administrator, Office of Boards and Commissio DATE: July 13, 2011 SUBJECT: Request for Approval of Proposed Charter Amendment Establishing a Department of Human Resources The Cost Control Commission, at its meeting on Monday, July 11, 2011, approved a proposed Charter Amendment amending Article XV Relating to Establishing a Department of Human Resources. We are taking this means to ask that the Charter Review Commission consider adoption of the proposed Charter Amendment and place it on the 2012 General Election ballot. For your information, the Cost Control Commission also received comments from the Civil Service Commission in support of the -proposal. We have also received an Opinion from the County Attorney's Office regarding proposed amendment's legality and compliance with statutes and superior laws. The proposed Charter Amendment and communications are attached for your information and review. If you have any questions, please call Paula Morikami at 241-4922. Thank you. Equal Opportunity Employer CRC 2011-09 DRAFT: Proposing A Charter Amendment to Article XV Relating to Establishing A Department of Human Resources. Charter Amendment. Article XV of the Kaua! County Charter is amended to read as follows: "ARTICLE XV DEPARTMENT OF[PERSONNEL SERVICES] HUMAN RESOURCES Section 15.01. Organization. There shall be a department of (personnel services) human resources consisting of a civil service commission, a director and the necessary staff for the purpose or establishing a system of personnel administration based upon merit principles devoid of any bias or prejudice and [providing a systematic and equitable classification of all positions through adequate job evaluation] -generally accepted methods governing classification of positions and the employment, conduct, movement, and- separation of public officers and employees. Section 15.02. Civil Service Commission Organization. The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment, [or] of the members appointed, one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15.03. Powers and Duties. The civil service commission shall: A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matter's of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration, D. Execute such powers and duties as may be provided by law. Section 15.04. Director of [Personnel Servicesl Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or CRC 2011-09` a both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system. He shall be appointed and may be removed by the commission and come under the general supervision of the Mayor. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources management program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. (Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program, The director of-human resources shall be responsible for the execution of the human resources management program which shall include: A. Classification, recruitment, selection, employMent, deployment, promotion, evaluation, discipline, and separation of employees. B. Labor relations and negotiations. C. Administration of employment policies and trainings related to employee benefits, conduct, development, and safety and iniury prevention, D. Workers' compensation. E. Equal employment opoortunitles. F. Workforce coordination and planning. G. Administration of the civil service system as prescribed by statute. H. Other related duties as may be determined by the Mayor." Note: Charter material to be repealed is bracketed, New charter material is underscored. Proposed Ballot Question: Shall the title of the Department of Personnel Services be changed to Department of Human Resources and its existing scope of responsibilities broadened to include a more comprehensive human resources function? RYAN I}E LA FENA °P s Members: CATHERINE ADAMS CHAIR S.LANI ARANIO 0, GILRERT MAERINA Roy MORITA y'"�+ a r JOHN LOW VICE CHAIR ♦yr$ �j COUNTY OF KAUA`1 CIVIL SERVICE COMMISSION MO`IKEHA BUILDING c/o Department of Personnel services Rice Street,Suite 144 LIHUIE,KAUA°{, sAWAPI %r766 - - - Telephone($48)241-4956•Fax{848}241-6543 June 23, 2011 JUN 4 2111 Ms. Sandi Sterker, Chair Cost Control Commission v- County of Kauai Office of Boards and Commissions 4444 Rice Street t_Thu'e, HI 96766 Dear Ms. Sterker: At its regular meeting on Tuesday, June 21, 2011, the Civil Service Commission received and accepted the following communications: 1. Letter dated May 9, 2011 from the Cost Control Commission to Mayor Carvalho regarding County Employee Training and Consolidation of Personnel Functions; 2. Letter dated May 25, 2011 from Mayor Carvalho responding to the Cost Control Commission; and 3. Letter dated June 15, 2011 from the Cost Control Commission requesting for comments. This is to inform you that after some discussions, the Commission unanimously voted to support the Mayor's recommendation in transitioning the training functions to the Department of Personnel Services; the development of an internal task force to analyze the feasibility and cost implications with respect to moving personnel functions and services out of the various departments; and lastly, approves the draft amendment for a Charter amendment to change the title of the Department of Personnel Services and further expand the functional responsibilities of the Department. AN EQUAL OPPORTUNITY EMPLOYER CRC 2011-09 b Chair Sandi Sterker Page 2 June 23, 2011 Thank you for allowing the Civil Service Commission the opportunity to review and comment on your efforts in the consolidation of personnel functions. Very truly yours, RYAN DE LA PENA Chairman Cc: Mayor Bernard P. Carvalho, Jr. Mr. Malcolm C. Fernandez, Director of Personnel Services Mr. John Isobe, Administrator, Office of Boards and Commissions Ms. Janine Rapozo, Risk Management Administrator Civil Service Commission Oii its July 11,2011,meeting the Cost ContraOF Commission voted to waive its right to confidentially and allow the opinion to be publicly released. COUNTY OF KAUA'l OFFICE OF THE COUNTY ATTORNEY 0 V It- 71;-`t CONFIDENTIAL Attomey-Client Communication JLL 7 2011 and/or Aftomey Work-Product L -3 C June 28, 2011 TO: Sandi Sterker, Chair, and Cost Control Commissioners FROM: Jennifer S. Winn, Deputy County Attorney SUBJECT: Request for Legal Review and Comment Charter Amendment Department Human Resources Our File No. 11-0529 This responds to your June 15, 2011 request for an opinion as to the legal sufficiency of proposed amendments to Article XV of the Kauai County Charter. This office defines "legal sufficiency" to mean the submission contains all requisites necessary to create valid charter provisions. A finding of "legal sufficiency" does not mean that a judge cannot or will not declare the charter provisions void or illegal as a judge may interpret the relevant statutes, case law and/or facts differently from the interpretation given by this office today or the charter provisions may be applied in an unconstitutional or in a manner that may render it susceptible to challenge. Article V111, section 2 of the Hawaii State Constitution provides in pertinent part: Each political subdivision shall have the power to frame and adopt a charter for its own self-government within such limits and under such procedures as may be provided by general law. Such procedures, however, shall not require the approval of a charter by a legislative body. Charter provisions with respect to a political subdivision's executive, legislative and administrative structure and organization shall be superior to statutory provisions, subject to the authority of the legislature to enact general laws allocating and reallocating powers and functions. CRC 2011-09 c ANNE&! ON ONE-OFF, Sandi Sterker, Chair, and Cost Control Commissioners Page 2 June 28, 2011 Section 46-1,5(1), Hawaii Revised Statutes ("HRS"), provides that subject to general law, "[e]ach county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of office[.]" General laws are those that apply uniformly throughout all political subdivisions of the State, Bulgo v. Maui County, 50 Haw. 51, 58 (1967), or those of "statewide concern". See Article Vill, section 6, of the Hawaii State Constitution. State laws on civil service and personnel — Chapter 76, HRS —are general laws, with which the County must comply. See Hawaii Government Employees Ass'n v. County of Maui, 59 Hawai'i 65 (1978). In Hawaii Government Employees Ass'n, the County of Maui had charter provisions which were "repugnant" to provisions in Chapter 76, HRS. The Court stated that inconsistencies between the two laws rendered the county charter provisions nugatory and state law prevailed. Id. at 87. Specifically, in Hawaii Government Employees Ass'n, the charter vested in the mayor rather than in the Maui County Civil Service Commission the power to appoint and remove the county director of personnel services and further required the director to perform such duties as may be assigned by the mayor in addition to the duties established under the civil service laws. The Court expressly held that "the personnel director may not be appointed and removed from office by the mayor as provided for in [the Maui] charter." Id.1 The Court did not address the Maui charter provision that required the director to undertake other duties assigned by the mayor. Therefore, it appears that county charter provisions regarding per resources are legal provided they are not inconsistent with Chapter 76, HRS. The first proposed amendment is to Section 15.012 which changes the word "personnel" to "human resources" and slightly alters the purpose of the department. These changes appear legally sufficient. In Section 15.04, the amendment specifically provides, "He shall be appointed and may be removed by the commission and come under the general ' Section 76-75, HRS, requires that the civil service commissions for Hawaii, Maui and Kaua'i appoint and remove(at its pleasure)the personnel director. 2 There appears to be a typo in this version of 15-01, It should say"then ssary staff for the purpose of establishing a system . , . " In addition, while it appears that the proposed amendment to Section 15,02 is to fax a typo, it still does not read correctly. The proper amendment is'the merit system in public employment(, orb Of the members appointed, one shall ^Jdl�h a W 10000, Sandi Sterker, Chair, and Cost Control Commissioners Page 3 June 28, 2011 supervision of the Mayor," As noted above in Hawaii Government Employees Ass'n, the Court only struck down the Maui charter provision that was directly contrary to HRS, and did not address the provision that gave the mayor supervisory power over the director. Based on this, our charter amendment appears legally sufficient. It still gives the commission the hiring and firing functions, which Chapter 76, HRS, requires of the neighbor islands. How the director, or the department, is generally supervised is not covered in HRS 3 Finally, as for Section 15.05, the amendments appear legally sufficient. They are not inconsistent with Chapter 76, HRS. Still, Section 76-1, HRS, states in pertinent part, "it is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle." Section 15.05 makes administering the civil service system one of many functions required of the director. Nothing prohibits the civil service system from being under the umbrella of a broader human resources program and one of many jobs. Yet, in order to comply with Chapter 76, HRS, it must be separately administered. The amendment language currently suggests that it will with the words "as prescribed by statute." Nevertheless, you may want to consider additional language if you believe it needs further clarification. I have attached the charter provisions regarding personnel/human resources of the other counties for your perusal. Please keep in mind that Chapter 76, HRS, does not have some of the same conditions for the City and County of Honolulu as it does for Hawaii, Maui and Kaua'i and, thus, CCH's charter may not be an appropriate source for what Kaua'i can do in this area. Please let me know if I can be of further help. JENNJFER S. V\YNN Deputy County Attorney APPROVED: ALFRED B. CAS LO County Aftome JR. ,y I 3 See County of Hawai't Charter Section 7-1,6 for another method of giving the mayor supervisory power. The County of Hawai'i apparently tried to address having a separate civil service system via its charter language in Section 7-1A See attached. ARTXCLE XXVXXX COST CONTROL COMMXSSXON Section 28 . 05 . Reports. The commission shall prepare and advertise a written annual report summarizing its recommendations prior to the end of each calendar year. Thereafter, the commission may request that any of its recommendations be drafted in ordinance form for its introduction through the mayor. The mayor shall, with mayor' s comments thereon and within thirty (30) working days of receipt, submit to the council for its immediate consideration all ordinances proposed by the commission. (Amended 1984, 1996) CRC 2011-10 ARTICLE XXIII GENERAL PROVISIONS Section 23 . 02 . Boards and Commissions . The council may create such other boards and commissions, not provided herein, by ordinance. All boards and commissions, including those which are specifically provided for herein, shall be organized, appointed and vested with the power and authority as provided hereunder which are not in conflict with the provisions of this charter. H. No member of any board or commission shall be eligible for more than two consecutive terms on the same board or commission or on two different boards or commissions of the county. After the expiration of two consecutive terms, no person shall be eligible for appointment to any county board or commission until one year has elapsed after such service. Any partial term of more than two years shall be considered a term as used herein. (Amended 1976) CRC 2011-11