HomeMy WebLinkAbout2011_0822_CharterAgendaPacket Sherman Shiraishi Members:
Chair Mary Lou Barela
Joel Guy
Patrick Stack Carol Suzawa
Vice Chair Jan TenBruggencate
Ed Justus
COUNTY OF K_AUA'I CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, August 22, 2011
4:00 pm. 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 July 25, 2011
BUSINESS
CRC 2011-01 Proposed amendment creating a new Section 24.04, Kaua'i County Charter, relating
to non-substantive corrections and revisions. (Deferred to 8/22/11 meeting)
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 Kauai County Charter,
CRC 2011-07 Proposed amendment revising Section 1.03, Kaua'i County Charter, relating to the
election of County Officers. (Deferred to 8/22/11 meeting)
b. Review and consideration of Hawaii Revised Statute §11-157 In case of tie.
CRC 2011-08 Proposed amendments revising Article XXIX, Section 23.01. and Section 7.03,
Kaua'i County Charter, relating to the salaries of County Officers. (Deferred to
8/221"11 meeting)
An Equal Opportunity Etnployer
c. Communication dated 7/27/11 from the Salary Commission to the Charter
Review Commission responding to the request for review and comments
regarding proposed language changes to the Kaua'i County Charter, Article
XXIX Salary Commission, Article XXIII General Provisions and Article VII
Mayor.
d. Communication dated 8/8/11 from the Salary Commission to the Charter
Review Commission requesting comments on whether a charter amendment
should be considered regarding the appointing authority that ultimately
determines the salary for the County Auditor as noted in Item 7 of the
communication dated 8/81111 from Council Vice-Chair Yukimura.
CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to
establishing a Department of Human Services. (Deferred to 8/22/11 meeting)
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. (Deferred to
8/22/11 meeting)
a. Memorandum dated 7/28/11 from the Charter Review Commission to the
Mayor, the County Council and the Cost Control Commission requesting their
comments on Article XXVIII, Section 28.05 Reports relating to the timeline to
submit proposed ordinances from the Cost Control Commission to the County
Council.
b. Communication dated 8/9/11 from the Cost Control Commission to the Charter
Commission responding to the request for comments relating to the timeline as
determined in Section 28.05 of the Kauai County Charter.
CRC 2011-11 Discussion and possible decision-making on Article XXIII, General Provisions, as it
relates to terms for board and commission members. (Deferred to 8/22/11 meeting)
a. Section 23.02 C. as it relates to 3 year terms for members of boards and
commissions members.
b. Section 23.02 H. as it relates to term limits for boards and commissions
members.
CRC 2011-12 Discussion of Article YX, Code of Ethics, to identify sections and provisions for
future agenda items to be discussed.
ANNOUNCEMENTS
Next Meeting: Monday, September 26, 2011 at 4:00 pm in the Mo'ikeha Building, Meeting Room
2A/13
ADJOURNMENT
Charter Review Commission—August 22, 2011 2 I e, e
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 FIRS §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:
1. 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.
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
Lihu'e, HI 96766
E-mail:bdaviskUaua1-Q'0v
Phone: (808) 241-4919 Fax: (808) 241-5127
SPECIAL ASSISTANCE
I If you need an alternate fon-nat or an auxiliary aid to participate, please contact the Boards and
i -
1 Commissions Support Clerk at (808) 241-4919 at least five (5) working days prior to the meeting.
Charter Review Commission—August 22, 2011 3 1 F) e
�kCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I July 25,2011
Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 pin End of Meeting: 5:28 pm
Present Chair Sherman Shiraishi; Members: Joel Guy; Ed Justus; Jan TenBruggencate (4:09 p.m.); Mary Lou Barela
Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator John
Isobe, Administrative Aide Paula Morikanii; Cost Control Commission Chair Sandi Sterker
Excused Vice-Chair Patrick Stack; Member Carol Suzawa
Absent
SUBJECT DISCUSSION ACTION
----------
Call To Order Chair Shiraishi called the meeting to order at
4_-") ni with 4 Commissi ne s .res t
Approval of Open Session Minutes of May 23, 2011 Ms. Barela moved to approve the minutes as
Minutes circulated. Mr. Justus seconded the motion.
—------ Motion carried 4:0
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
5/23/11 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 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.
d. Communication dated 5/25/11 from the Charter Review Commission to
the County Attorney and the County Clerk requesting their input and
C'harter Review Commission
Open Session
July 25, 2011 Page 2
SUBJECT DISCUSSION
ACTION
comments regarding their department's manpower capacity and capability to
perform the task of correcting non-substantive items to the Kauai County
Charter. Ms. Barela moved to defer this matter to the
August 22, 2011 meeting pending receipt of
comments from the County Attorney and the
County Clerk. Mr. Justus seconded the motion.
Motion carried 4-0
CRC 2011-06 Discussion and possible decision-making on proposed Ms. Barela asked that the minutes reflect her
language to amend Charter Section 24.03, establishing a permanent Chat-ter appreciation to Mr. Shiraislri and Mr. Isobe's for
Review Commission. (Deferred from 5/23111 meeting) their appearance before the County Council and
answering their questions "very easily"
a. Proposed amendment revising Section 24.03, Kaua'i County Charter, .
relating to establishing a permanent Charter Review Commission.
b. Conimunication dated 4/26/11 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.
c. Communication dated 5119/11 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 718/11 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 aapermanent Charter
Charter Review Commission
Open Session
July 25, 2011 Page 3
SUBJECT DISCUSSION ACTION
Commission.
e. Communication dated 7/15/11 from Council Chair Jay Furfaro to
Commission Chair Shernian Shiraishi responding that the proposal to
establish a permanent Charter Commission should be deferred until 2014 or
2016.
Chair Shiraishi explained that at the County Council meeting held on
7/13/11, the main thrust appeared that it may be premature to ask for a
permanent Charter Review Commission when there are more than 5 years
before the current Commission's term sunsets. The Council made additional
suggestions which were contained in their letter. Mr.Justus moved to receive communication CRC
2011-06 e. with thanks. Ms. Barela seconded the
motion. Motion carried 4:0
Chair Shiraishi said that since both the Administration and the County
Council have suggested it may be premature to ask for a permanent Charter
Review Commission, it might be appropriate to defer this matter, Mr.Justus moved to defer the issue of permanent
Charter Review Commission for 2 years(2013)or
sooner should the Commission wish to revisit the
matter. Mr. Guy seconded the motion, Motion
carried 4:0
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 5/23111
meeting)
a. Proposed amendment revising Section 1.03, Kaua'i County Charter,
relating to the election of County Officers.
...... b. Communication dated 5/5/11 from the Charter Review Commission to the
Charter Review Commission
Open Session
July 25, 2011 Page 4
SUBJECT DISCUSSION ACTION
County Attorney's Office requesting recommendations for a proposed
amendment to Kaua'i 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 6/9/11 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. Mr. TenBruggencate entered the meeting at 4:09
P.m.
Mr. Justus said lie would like to make sure the language provided for in
Section D for"Tie Votes" states "that the winner shall be determined by a
method as determined in the Hawai'i Revised Statutes, Section 11-157". Mr. Justus moved to waive the Commission's
Attorney-Client privilege on the confidential
opinion dated 6/9/11, §1.03, and make it
available,le for the public. Mr. Guy seconded the
motion.
Asked if the County Attorney's Office had an opinion on releasing the
confidential opinion, Deputy Attorney Winn stated that the decision is that of
the client, (the Commission),but she saw nothing within the opinion that
would cause her concerti. Motion carried 5:0
Mr. Justus moved that Section D be changed to
reflect that the winner shall be determined in
accordance with Section I I-157 of the Hawaii
Mr. Justus highlighted the guidelines ftom Section 11-157 for detennining a Revised Statues.
tie vote. Mr. TenBruggencate said he had not thought about this enough to
have a strong opinion one way or the other but it might be cleaner to actually
but the language into the Charter rather than to make a reference to a State
Charter Review Commission
Open Session
July 25, 2011 Page 5
SUBJECT DISCUSSION
ACTION
law which could change in the future and could become problematic. Mr.
Justus agreed with Mr. TenBruggencate and suggested the amendment be"in
accordance with State law"rather than citing a specific statute, Mr.
TenBruggencate was not sure that resolved the issue because if the current
State law is what the Commission wants the Charter to reflect and the State
law later changes, the Commission has then given away that authority. It
might be niore appropriate to have the language in the Charter setting out the
procedures and approved by the voters rather than deferring to the
Legislature.
Chair Shiraishi suggested deferring this issue to the August meeting and
include a copy of I-I.R.S. §11-157 in the meeting packet for discussion. Mr. Justus withdrew his motion.
Mr. TenBruggencate moved to defer this item to
the August meeting to allow further discussion
of H.R.S. §1 1-157. Ms. Barcla seconded the
motion. Motion carried 5.0
Mr. Guy asked to revisit CRC 2011-06 e., the communication from the _
County Council citing the suggestion from Councilmernbers Kual!'i and
Yukimura that the Commission review the procedures for initiating Charter
amendments, given that it takes less voter signatures to place a charter
amendment on the ballot than to initiate an initiative or referendum.
Chair Shiraishi said lie told the County Council that the Commission had
discussed that at a meeting but the public was against it.
Mr. Guy said the comment did not seem to be related to other issues in the
letter and wondered where that came from.
(Taken out of CRC 2011-09 Communication dated 7/13/11 from the Cost—Control
Order) __—.—Commission,to the Charter Review Commission requesq!jg_consideration of
Chat-ter Review Commission
Open Session
July 25, 2011 Page 6
SUBJECT DISCUSSION ACTION
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'l County Charter,
relating to establishing a Department of Human Services.
b. Communication dated 6/23/11 from the Civil Service Commission to the
Cost Control Commission supporting the transition to a Human Resources
Department.
c. Confidentiality waived on the communication dated 6/28/11 from the
County Attorney's Office to the Cost Control Commission providing legal
review and comment on the proposed Charter Amendment to Article XV.
Ms. Sandi Sterker, Chair of the Cost Control Commission, explained the
Commission had studied how litany departments had their own personnel
who worked oil human services functions. In that study, the Commission
found that employees wanted issues such as workplace violence to be
addressed and that things were not being done in the same way within the
different departnients, nor were they being done by the Personnel
Department because it was not a Human Resources Department. The
Commission then proposed a ballot question: Shall the title of Department of
Personnel Services be changed to the Department of Human Resources and
its existing scope of responsibilities broadened to include a more
comprehensive Human Resources function?
The Commission then took that proposal to the Civil Service Commission
who responded that they agreed. Ms. Sterker said they also waived the
confidentiality oil the response providing legal sufficiency from the County
and then referred til
�Tqposed amendment to the Charter Review
Charter Review Commission
Open Session
July 25, 2011 Page 7
DISCUSSION ACTION
Commission. One of the big things the Cost Control Commission wants to
prevent is sexual harassment, which is happening more and more
everywhere, and "we feel we would not have that problem if there was a
Human Resources Department".
Mr. Justus thanked the Cost Control Commission for presenting the
amendment and for waiving the confidentiality to the County Attorney's
opinion which will help with the Charter's review. Ms. Barela expressed her
agreement.
Mr. Justus pointed out a grammatical correction in Section 15.01 and thought
it would be better clarified by adding a comma following the word prejudice
and to add the words operating with just prior to "generally accepted
methods governing ........ Deputy Winn did not think it would legally affect Mr. Just-us moved to add a conu-na after
the provision one way or the other. prqjudicc and before and. Mr. TenBruggencate
seconded the motion. Motion carried 5:0
Mr. TenBruggencate said he gathered that the intent was that the various
personnel offices scattered throughout all of the departments would end up
working in one agency where they were trained appropriately and personnel
functions were centralized and asked if that was the goal.
Ms. Sterker said that was pretty much the goal. There are some departments
where 10% of the work is personnel work and 90% of the job is doing
something else. This change would allow for 100% of the workload to be
what the employee is supposed to do.
Mr. TenBruggencate said his concern was the way the proposed amendment
was written. While this is the appropriate thing to do, he did not think the
_jangu4geju theroosal accomplished that and could not see here the
Charter Review Commission
Open Session
July 25, 2011 Page 8
SUBJECT DISCUSSION
_ ACTION___
transfers between the departments were accounted for.
Mr. Isobe explained that the amendment does not speak to the
implementation of how the County would transition from its current
Personnel Department to a Hainan Resources function. Part of the Cost
Control Commission's recommendation to the Mayor was that the Mayor
begin an internal review of all of the various departments' personnel
functions and report the internal findings back to the Cost Control
Commission. 'Fhat review would entail a committee looking at the various
functions performed within each department and recommend which
personnel should or should not transfer, as well as whether there is a need for
additional I
Iditional personnel. Mr. Isobe could not say how long the review would
take but it had been started and it was anticipated that it should be done prior
to this amendment going before the electorate.
Mr. TeirBruggencate asked if the Commission should wait to see if the
Administration suggests additional language to the amendment before
moving further on it. He further wondered if this amendment did everything
they wanted it to do because what Ms. Sterker described is not in the
amendment.
Ms. Barela asked if it would hold back the County from completing their
process if the Commission did not vote on this amendment now. Mr. Isobe
said the thought was to have both the review and the placement of the
amendment on the ballot happen simultaneously.
Mr. Isobe further explained that all of the amendments that have already been
approved to go on the ballot will be brought back to the Commission one
more time in the form of Resolutions for a last review and possible tweaking
of the ballots uestion or elements that should be covered as part of the
Charter Review Commission
Open Session
July 25, 2011 Page 9
SUBJECT DISCUSSION ACTION
public's education process.
Ms. Barela asked if it was appropriate to have a deadline for the completion
of the review. Mr. Isobe said the intention at this point is to move forward
with the review in ai-iticipation the amendment will pass; the initial indication
for the review to be completed is sometime the first quarter of next year.
Ms. Sterker said the proposed amendment approximates what is in place in
other counties. The increase in workforce violence and sexual harassment
has to be addressed and through a means other than a Personnel Department
who hires and fires.
Attorney Winn said that her original opinion to the Cost Control
Commission did have the other counties' provisions attached to it whereas
the one before the Charter Review Commission did not,
Mr. Justus pointed out that basically the Department of Personnel Services,
as written in the Charter, was not very different from the proposed
amendment. It also seemed like a lot of the departments noted in the Charter
did not have an explanation of how they were constructed as far as their
internal operations.
Mr. TenBruggencate felt the one measure that seemed to do what was
intended was 15.05 C, which talks about administration of employment
policies and trainings related to employee benefits, conduct, development,
and safety and injury prevention, in which the key word seemed to be
"conduct". He further questioned whether or not the Administration would
move bodies out of the individual departments and into this new department,
lacking the language that says this department conducts these activities
coumv-wide, The way it was written seems to leave a possible situation that
Charter Review Commission
Open Session
July 25, 2011 Page 10
SUBJECT DISCUSSION ACTION
nothing would change even with this amendment in place and he questioned
whether the language accomplished that goal.
Mr. Just-us thought there was already a way under the Civil Service and
L'xem,tio p--ns §15.05, which says "all positions in the county, except those
-,
exempted by law". You could insert that into the proposed amendment to
read: "The director of Human resources shall be responsible for the
execution of the human resources management proms in all positions in
the county, excerpt for those exempted by tgNv
which shall include:".
Mr. TenBruggencate pointed out that the County Attorney's Office had
vetted the language and would this accomplish the Cost Control
Commission's issues the way it was written now. It possibly would change
the Personnel Director's title and nothing else would change if the
Administration chose not to. To make sure it happens, it should be in the
rules and, were the right questions asked of the County Attorney's Office?
Deputy Attorney Wirm explained this proposed amendment was a charter
provision versus an ordinance. Charter provisions tend to be more of an
overview of the law tier the County. The ordinances and rules are more
specific.
Mr. TenBruggencate said he did not see anything within the confines of the
document that said this applied to all personnel areas in the County and
questioned whether that should not be specified.
Mr. Justus said maybe they should include his suggested language and
submit that to the County Attorney's Office to see if that covers all the areas
Mr. TenBruggencate was questioning.
Charter Review Commission
Open Session
July 25, 2011 page I I
-----------
SUBJECT DISCUSSION ACTION
Ms. Sterker said the Cost Control Commission did not discuss the actual
implementation of this change.
Ms, Barela said they needed to emphasize consistency and that these changes
are to be made throughout the County; that everyone receives the same
training and that the training is done,
Mr. Justus moved to include the words
throughout the county, after the words
"management program" in Section 15,05 and
present it to the County Attorney's Office for
Mr. TenBruggencate said if the Mayor's inquiry determines this was not a their review and comment.
good idea he was not sure the Commission wanted to tell them what to do if
there was good reason not to. Mr. TenBruggencate suggested adding Mr.
Justus' language and deferring the proposed amendment until such time as
there was a report from the Administration on their inquiry.
Mr. Isobe said the intent was to ensure that the County begins to make the
shift. The Cost Control Commission left the ultimate implementation to the
people who actually operate the departments to figure out as opposed to
telling the County how to do it. The over-arching guidance that the County
would follow would be the Charter, but the Charter would not tell the County
how to implement the program, Mr. Isobe asked the Charter Review
Commission if it was their intent not to act on this before they understood
how the County was going to implement the program.
Ms. Sterk-er added that the reason the Cost Control Commission got involved
with this amendment was because of lawsuits against the County and they
felt if those lawsuits could be eliminated, it would save the County money.
In order to eliminate those lawsuits, there needs to be more information
___giYeP-to-einpipy
Charter Review Commission.
Open Session
July 25, 2011 Page 12
SLJBJECT DISCUSSION ACTION
Ms. Barela also felt that if it was not specified in the Charter who was to say
that change would be made. Mr. Isobe said the initial recommendations of
the Cost Control Commission had gone to the Mayor and the Mayor had
endorsed the expansion of the Personnel Department into a Human
Resources function. As a result of those recommendations, the Mayor also
recommended that the Cost Control Commission review this Charter
amendment which came from the Office of the Mayor. The Cost Control
Conitnission's recommendation to the Mayor was several-fold with the first
being to look at expanding the Personnel function into a Human Resources
function. Secondly, have the Personnel Department begin to undertake
comprehensive County-wide training which the Mayor has said will happen
irregardless of this an-icticlitient. He will direct the Personnel Department to
begin those trainings and to also look at the consolidation of personnel
and/or functions under this expanded umbrella of Human Resources. In
addition, the Cost Control Commission sent this proposed amendment to the
Civil Service Commission because they currently oversee the Personnel
Department, they concurred that this is movement in the right direction.
Mr. TenBruggencate was concerned that if they didn't make it clear in the
language of the Chatter that the goal was a unified Human Resources
Department functioning within the County, the next Mayor could dismantle
it and vulcanize the function in somewhat the way it is now. Mr.
TenBruggeneate felt it was the right vision and would be willing to wait a
few more months until the Mayor finished the review to see whether they
could put the Mayor's vision into the proposed language.
Mr. Isobe asked Mr. TenBruggencate how he would amend the proposed
amendment to reach what he just said. Even if the Committee said how they
rvcruld j mpIeiint._t_he _qgAr , w ba_t language
Charter Review Commission
Open Session
July 25, 2011 Page 13
SUBJECT DISCUSSION ACTION
achieve that?
Mr. Justus withdrew his motion.
Mr. TenBruggencate moved to defer this item.
Ms. Barela seconded the motion. Motion carried
5:0
CRC 2022-10 Discussion on Article XXVIII, Cost Control Commission,
Section 28.05, Reports, as it relates to the annual report and mandates
contained therein.
Chair Shiraishi said when he met with the County Council, one of their
concerns was the 30 day deadline in which the Mayor had to submit any
ordinances drafted by the Cost Control Commission to the County Council
for immediate consideration. Mr. Justus moved to request comments from the
Cost Control Commission, the Mayor and the
County Council whether the 30 day requirement
was reasonable. Ms. Barela 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 4/25111 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.
Mr. Justus said at the last meeting lie had suggested adding a phrase at the
bottom of Section 29.03. In reading that section over again, he realized there
may need to be different wording about elected officials voluntarily
accting ii figure and would like to add at
a salary lower than the maximum
Charter Review Commission
Open Session
July 25, 2011 Page 14
SUBJECT DISCUSSION m ACTION
the end of the sentence"(comma) or forego taking a salary". There have
been people who have sought elected office that have made the comment that
they would not take a salary if they were elected, Mr. Justus moved to add the words at the end of
Section 29.03 (comma) or foregq_qc�cetin�
salin, Ms. Barela seconded the motion.
Mr. Guy suggested that was like a campaign slogan and wasn't really
supportive of that idea. Motion carried: 4:1 (nay-Guy)
Mr. Justus moved to accept Article 29.03 as a
proposed Charter amendment. Ms. Barela
seconded the motion. Motion carried 5:0
Mr. Isobe asked if the Commission was adopting the proposed amendment
without receiving the comments from the Salary Commission who are
scheduled to meet the following day (7126) or were they amending the
proposal and waiting for the Salary Commission's comments. This
particular amendment includes amending multiple sections of the Charter
and it is still not clear how to break this question apart. Was the approval to
amend Article 29,03 but not the proposed changes to Article 23.01 and
Article 7.03?
Mr. Justus thought he was moving the amendment to be accepted as a whole
but now realizes the error and would like to amend his motion to Section
29.03 to wait for a response from the Salary Commission. Mr. Justus moved to defier this matter to the
8122111 meeting and refer the amended packet to
the Salary Commission for comment. Ms.
Barela seconded the motion. Motion carried 5:0
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.
Charter Review Commission
Open Session
July 25, 2011 Page 15
--S U BJ ECT— DISCUSSION ACTION
Chair Shiraishi explained that when he was before the County Council they
suggested the Charter Commission discuss the possibility of having terms not be
limited or increasing the terms.
Mr. Justus expressed that he was not a fan of unlimited terms; it was always
good to have term limits so you have fresh voices. The only area that might be
worth discussing is: ........,...no person shall be eligible for appointment to any
county board or commission until one year has elapsed after such service." Mi..
Justus did not see the necessity of this clause.
Chair Shiraishi had told the County Council that the learning curve was really
high for the Charter Commission and just when you know the Charter,you start
rotating off.
Mr. TenBruggencate asked if the County Council's focus was on the two terms
or the one year off. Chair Shiraishi said the County Council had mentioned 5
year terms. Currently there is no proposal to make any changes; this item is
presented for discussion only, at this point. Mr. Justus moved to remove the second full
sentence from Section H. with regard to the one
year elapsed time before being eligible to serve
another term on a board or commission. Ms.
Mr. Justus explained that because board and commission members are Barela seconded the motion.
volunteers,no one should be barred from volunteering their services especially
since they are appointed by the Mayor and confirmed by the County Council.
That phrase may keep people out that are doing a bad job or keep people from
being too involved but since these are volunteer positions, what is the danger in
having people who are willing to be involved? Preventing them from being
involved for an entire year seems excessive.
Mr. Tenprus encate said it would provide diversity and would keep people
Charter Review Commission
Open Session
July 25, 2011 Page 16
SUBJECT SION
from overusing the resources. It was pointed out that any individual could
refuse reappointment. Motion and second were withdrawn,
Mr. TenBruggencate moved to defer this item to
the next meeting and include Mr. Justus'
suggested deletion for further discussion.
Motion was seconded. Motion carried 5:0
Mr. TenBruggencate asked the Chair to place a
discussion to review the provisions in the Code
of Ethics on the Anai
Ad ournment �,.-st nda,
Mr. Justus moved to adjourn the meeting at 5:28
p.m. Ms. Barela seconded the motion. Motion
carried
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk Sherman Shiraishi, Chair
Approved as is.
Approved with amendments. 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", "this article", and like terms;
Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections)
CRC 2011-01.
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 provisi 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 any
article or section.
C. Prior to adoption of the ordinance, the council shall conduct a public hearing on
all proposed non-substantive corrections or revisions under consideration. A notice of the
public hearing shall be published in a newspaper of general circulation in the county at
least thirty (30) days prior to the date of the hearing. The public hearing shall be held not
earlier than seven (7) days prior to the final reading of the ordinance.
D. The ordinance shall be adopted by a vote of five (5) or more members of the
County Council."
Note: New charter material is underscored.
Ballot Question.
Shall the County Attorney be allowed to propose 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)
2 --------------- -------------
Sherman Shiraishi, Chair Members:
q Mary Lou Barela
Patrick Stack, Vice Chair Joel Guy
Ed Justus
Jan TenBruggeneate
Carol Suzawa
KAUAI COUNTY CHARTER REVIEW COMMISSION
TO: Alfred Castillo, County Attorney
Peter Nakamura, County Clerk
Cc: Jennifer Winn, Deputy County Attorney
Gary Lieu, Managing Director
FROM: Sherman Shiraishi, Chairperson
Via: John Isobe, Administrator, Office of Boards and Commissions
DATE: May 25, 2011
RE: Request for Comments
■■M0aMaaaaMMM00000aaaaaa000MaM0an00aaaaaaaaaaaaMa000aM0M0a000n0a0aaaaaaaaaaa001
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 2011-01 b—proposed amendment creating a new Section 24.04
CRC 2411-41 d.
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
C. Second nonpartisan election. To the extent possible, the second
nonpartisan election shall be held in conjunction with the general election for the
applicable year.
1. Offices of the Mayor, Prosecuting Attorney, and Council members to be
elected by districts, if any. Unless a candidate for mayor, prosecuting attorney, or
council members to be elected by district, if any, is elected in the first nonpartisan
election, the names of the two candidates receiving the highest number of votes for
these offices in the first nonpartisan election shall be placed on the ballot for the
second nonpartisan election. At the second nonpartisan election the candidates
receiving the highest number of votes for mayor, prosecuting attorney and district
council member, respectively, shall be elected.
2. Office of At-Large Council members.
a. If any at-large council office remains to be filled after the first nonpartisan
election, two candidates for each vacant at-large council office shall be placed on
the ballot. The names of the candidates receiving the highest number of votes cast
in the first nonpartisan election, other than the name of any candidate elected after
the first nonpartisan election, shall be placed on the ballot until a sufficient number
of candidates are on the ballot as provided in this subsection. At the second
nonpartisan election, the candidates receiving the highest number of votes for each
vacant at-large office shall be elected.
b. In the event of a tie vote in the second nonpartisan election, the winner
shall be determined by chance by a method chosen by the county clerk.
D. In any subsequent publication of the foregoing sections the term "first
nonpartisan election" and "second nonpartisan election" may be changed to
"primary election" and "general election", respectively.]
A. Nonpartisan Elections. County elections shall be conducted in accordance
with the election laws of the State insofar as applicable, but all elective county
officers shall be elected by nonpartisan elections.
B. Offices of the Mayor and Prosecuting Attorney.
Draft: 4-04-11 (Sec.1.03—County Elections)
-----------------
1. For the offices of mayor and prosecuting attorney, the names of the two
candidates receiving the highest number of votes for these offices in the primary
election shall be placed on the ballot for the general election. However, if there is
only one candidate for each of said offices, such candidate shall be elected in the
primary election.
2. At the general election the candidates receiving the highest number of
votes for mayor and prosecuting attorney shall be elected.
C. Office of At-Large Council members.
1. For at-large council offices, two candidates for each vacant at-large council
office receiving the highest number of votes in the primary election shall be placed
on the ballot for the general election.
2. At the general election the candidates receiving the highest number of
votes for each vacant at-large council office shall be elected.
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)
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:/,Iwww.capitol.hawaii.gov/hrscurrent/Vo101-Ch0001-0042F/HRSOOI I/HRS-001 i 2011-07 b.
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 ch 1985; am L 1990, c 198, §2; am L 1996, c
239, §2]
Previous VoI01-Ch0001-0042F Next
http://www.capitol.hawaii.gov,ihrscurrent/Vo101-ChO O01-0042F/HRSOOII/HRS_0011-0157.htm 7/29/2011
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.
CRC 2011-08
Revised Draft: 5-23-11 (Articles XXIX,XXIII&V11--County Salaries)
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."
Revised Draft: 5-23-11 (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 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.
Revised Draft: 5-23-11 (Articles XXIX,XXI❑&V11—County Salaries)
Charles King A Members:
Chair Trinette Kaui
f William Kahle
Robert Crowell Sheri Kunioka-Volt
Vice- Chair Michael Machado
Randy Finlay
0 i -- k
COUNTY OF KAUA'I SALARY COMMISSION
4444 Rice Street, Suite 150 1
LThu"e, Hawaii 96766 '
.f
TO: Sherman Shiraishi, Chair and Members of the Charter Review Commission
FROM: Charlie King, Chair, Salary Commission
Via: John Isobe, Administrator, Office of Bo ds and Commissions
Cc: Gary Heu, Managing Director
DATE: July 27, 2011
SUBJECT: Response to Memo dated 6/17/111 Requesting Comments on Proposed
Language Changes to the Kauai County Charter, Article XXIX Salary
Commission; Article XXIX General Provisions; and Article VII Mayor
The Salary Commission at its meeting on July 26, 2011, discussed the proposed changes to the
Kauai County Charter as detailed in your June 17, 2011 memo and voted to support the
proposed amendments.
John Isobe, Boards and Commissions Administrator, also indicated that the Charter Review
Commission is considering an additional revision to the existing language in Section 29.03 of the
Charter by adding the phrase, "or forego accepting a salary" at the end of the last sentence.
Please be informed that the Salary Commission has no issues with this proposed language
change.
If you have any questions,please contact Mr. John Isobe.
Thank you.
CRC 2011-08 c.
or
Charles ling Members-
Chairx
Trinette Kaui
Al
f William Dahle
Robert Crowell Sheri Kumoka-Volz
Vice- Chair Michael Machado
Randy Finlay
T =
COUNTY OF KAUAI SALARY COMMISSION
4444 Rice Street, Suite 150
AUG' 20111
}
Llhu'e. flawai`i 96766 u_
TO: Sherman Shiraishi. Chair and Members of the Charter Review C76rriinission
FROM: Charlie King, Chair, Salary Commissioe
Via: John lsobe, Administrator, Office o s and Commissions
Cc: Cary Hen, Managing Director
DATE: august 8, 2011
SUBJECT: Communication from Council Vice-Chair JoAnn Yukimura
At its meeting on August 5, 2011, the Salary Commission requested comments from the Charter
Review Commission as to whether a charter amendment should be considered to rev=ise or clarify
who is the appointing authority that ultimately determines the salary for the County Auditor.
Please refer to item 7 of Council Mice-Chair JoAnn Yukimura's letter which is attached for your
reference.
We look forward to receiving your comments.
Thank you.
CRC 2011-04 ds
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
JAY FURFARO,CHAIR i O y Council Services Division
JOANN A. YUKIMURA,VICE CHAIR Elections Division
TIM BYNUM 01
DICKIE CHANG PETER A.NAKAMURA,County Clerk
KIPUKAI KUALI'l EDUARDO TOPENIO,JR.,Deputy County Clerk
NADINE K.NAKAMURA
MEL RAPOZO 0 Telephone: (808)241-4188
3371-A WILCOX ROAD Facsimile: (808)241-6349
LIHU'E,KAUAI,HAWAII 96766
E-mail:cokcouncilCakauai.gov
August 5, 2011
_Jh
Mr. Charles King, Chair 5 2011
and Members of the Salary Commission
BOARDS & 'c-`%;`,,;�:-',,=!, ct
Office of Boards and Commissions
4444 Rice Street
Iffhu'e, HI 96766
Dear Chair King and Members of the Salary Commission:
RE: PROPOSED RESOLUTION 2011-1 RELATING TO THE SALARIES OF
CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF
KAUAI
Mahalo for the opportunity to share some thoughts about proposed
Resolution 2011-1.
1 am sorry that I cannot be present to testify today, as I need to be in
Honolulu for meetings. Should you have any questions about my testimony, I hope
you will feel free to call or email me (652-3988 or jyukimura@kauai.gov) or, if time
permits, I could try to make your next meeting.
I have read your proposed Resolution and have the following questions or
comments.
1) It is my understanding that your goal over the past 4-5 years has been to
bring historically depressed executive salaries up to par. While there has
been some delay in your timetable and some problems in the application of
performance reviews, it seems that you have been successful on balance.
Over the past few years qualified managers have accepted appointments to
executive positions that were difficult to fill in the past. In explicitly
requiring performance evaluations and tying them pay raises you have
increased the professionalism of the County work force in a positive way.
Thank you for your good work.
2) Unless it is necessary, I would like to suggest that the subject resolution
include salary levels for present and future and exclude any pay schedules
AN EQUAL OPPORTUNITY EMPLOYER
Members of the Salary Commission
August 5,2011
Page 2
from the past. I am also confused by the amending marks in the resolution
as there is no explicit language indicating that proposed Resolution 2011-1
is amending a previous resolution. Plus, there is no identification of any
previous resolution to be amended.
3) Regarding the disparity between the Mayor and his appointees on one
hand, and the independently elected Prosecuting Attorney and the County
Council's appointees on the other, I suggest adding a provision to
Resolution 2011-1. This provision would authorize the Mayor, prior to any
scheduled pay increase, to postpone via Executive Order such increase
across-the-board due to severe economic downturn, etc. The postponement
would apply to all county departments, including the Office of the
Prosecuting Attorney and Council Services.
4) Therefore, in establishing the pay schedule for the Prosecuting Attorney
and appointees, the County Clerk, Deputy County Clerk and County
Auditor, into the future, lower or unchanged rather than higher salaries
would go into effect on December 1, 2012. The benchmark date, after
1211108, would become 1211112 rather than 1211109.
5) 1 applaud the Resolution's affirmation of the importance of performance
reviews in developing and holding accountable the executive leadership and
management in the County. To me, there is nothing more important to
efficient and effective county services and fiscal responsibility than the
quality of executive managers in the County. Performance reviews, if done
well, will achieve a level of performance and professionalism that we can all
be proud of.
6) 1 also applaud the Resolution's application of performance review require-
requirements to appointed executive managers under the County Council
and in the Office of Prosecuting Attorney. They are not separate entities
onto themselves. We are all part of County government, and we need high,
consistent standards and accountability across all branches of County
government.
7) Finally, I want to point out that there is a discrepancy between the
appointing authority of the County Auditor and the authority that sets the
County Auditor's salary, which, under the Charter, is the Salary
Commission.
Members of the Salary Commission
August 5, 2011
Page 3
This "disconnect" may have been intentional, arising out of a need to
protect the County Auditor against political pressure. However, if you want
keep the connection between performance review and salary setting, you,
the Salary Commission, would be the logical body to do a performance
evaluation of the Auditor, if and when he is scheduled for a raise. I don't
know how practical or effective this would be. You may wish to include in
the Resolution a requirement that performance reviews of the County
Auditor be done by the County Council annually and transmitted to
the Salary Commission with or without a recommendation. Or, you may
wish to recommend changing the Charter and making the County Council
the body that sets the salary of the County Auditor. Modification also
should be made to Article 3(d) of the resolution as to the County Auditor to
clarify that although the County Auditor is an employee under the County
Council, per the Charter, the Council does not set his salary.I
Thank you for the opportunity to comment on Proposed Resolution
No. 2011-1.
Sincerely,
ANN A. YUKIM
Council Vice-Chair
Proposed Resolution, Section 3(d) Salaries of the Council Chair, Councilmembers, and employees shall not
exceed the maximum salary provided for in this Article at the time of employment. However, the respective
appointing authority may set the salary of any new or existing non-elected appointee at a figure lower than the
figure establishedfor the position,
ARTICLE XXXXX
COUNTY AUDITOR
Section 32 . 01 . Office Established; County Auditor.
A. There is established within the 'Legislative branch an
office of the county auditor, to be headed by a county auditor who
shall be appointed by the county council and shall serve for a
period of six years, and thereafter, until a successor is
appointed. The salary commission shall fix the salary of the
county auditor. The county council, by two-thirds vote of its
membership, may remove the county auditor from office at any time
for cause.
B. The county auditor shall possess adequate professional
proficiency for the office, demonstrated by relevant
certification, such as certification as a certified internal
auditor or certified public accountant, or have an advanced degree
in a relevant field with at least five years experience in the
field of government auditing, evaluation, or analysis . A
certified internal auditor or certified public accountant shall be
preferred. The county auditor shall have a bachelor' s degree in
accounting, business administration, or public administration or
related field. If financial statement audits are conducted, the
county auditor shall be a certified public accountant .
C. Except for exercising the right to vote, neither the
auditor nor any member of the office of the county auditor shall
support, advocate, or aid in the election or defeat of any
candidate for county public office.
D. The county auditor may appoint the necessary staff for
whic", appropriations have been made by the county council .
Subject to the provisions of this
charter and applicable rules and
regulations adopted thereunder, the county auditor shall have the
same powers with respect to the personnel of the office of the
county audit-or as department heads have over their personnel .
Staff shall be appointed by the county auditor in a manner
consistent with the merit Qr-Ln C 4
iples, devoid of any bias or
prejudice.
Section 32 . 02 . Powers, Duties, and Functions.
A. Pursuant to County Charter Article III, Section 3 . 17,
Investigation, the county council 43_s empowe-red to establish the
of-ffice of county auditor. It shall be the duty of the auditor to
conduct or cause to be conducted:
CRC 2011-08 d.
The independent annua' or biennial audit of all
county -funds and accounts to be conducted by a certified
public accountant or firm of certified public accountants as
required by Section 3 . 12 of the county charter;
2 . Performance audits of the funds, programs, and
operations of any agency or operation of the county as
requested by the council by resolution, as authorized by
Section 3 . 12;
3 . Performance and financial audits of the funds,
programs, and operations of any agency or operation of the
county, as determined by the county auditor to be warranted.
Before the commencement of each fiscal year, a plan of the
audits proposed to be conducted by the county auditor during
the fiscal year shall be transmitted to the county council
for review and comment, but not approval . The plan also
shall be transmitted to the mayor and filed with the county
clerk as public record; and
4 . Follow-up audits and monitoring of compliance with
audit recommendations by audited entities. The county
auditor shall conduct or cause to be conducted all audits in
accordance with government auditing standards.
B. Audit findings and recommendations shall be set forth in
written reports of the county auditor, a copy of which shall be
transmitted to the mayor and to the county council and filed with
the county clerk as public record.
C. For the purposes of carrying out any audit, the county
auditor shall have full, free, and unrestricted access to any
county officer or employee and shall be authorized to examine and
inspect any record of any agency or operation of the county, to
administer oaths and subpoena witnesses and compel the production
of records pert-inent thereto. if any person subpoenaed as a
witness or compelled to produce records shall fail or refuse to
respond thereto, the proper court, upon the request, of the county
auditor, shall have the power to compel obedience to any process
of -the county auditor and to punish, as a contempt of the court,
any refusal to comply therewith without good cause. The county
aud4for may retain spe C4 a! counsel, in the manner authorized by
the county council, to represent the county auditor in
ire plementina these powers . False swearing by anv witness shall
constitute perjury and shall be referred by the county auditor-LIE-or to
the prosecuting attorney for prosecution. In any audit which
L
concerns the alleged gross misconduct or alleged criminal-Lnal conduct
on the part of any individual, such individual shall have the
4
right to be represented by counsel and the right to have the
1 -
county auditor compel the attendance of witnesses on behalf of the
individual .
D. The county auditor' s performance shall be evaluated
annually by the county council . The county auditor' s audit
activities shall be subject to quality review in accordance with
applicable government auditing standards by a professional, non-
partisan, objective group. The written report of the independent
review shall be transmitted to the county council and mayor and
filed with the county clerk as public record.
E. For the purpose of this section and section 3 . 12 : "An
agency or operation of the county" includes any administrative
agency, semi-autonomous agency, council office, and other
establishment of county government supported, in whole or in part,
by county or public funds .
"Council office" includes the county council itself, the
office of a councilmember and the councilmember' s immediate staff,
the office of the county clerk. This definition applies only to
those sections . It shall not be construed as excluding the office
of the county auditor and the legislative branch.
"Record" includes any account, book, paper, and document, and
any financial affair, notwithstanding whether any of the preceding
is stored on paper or electronically.
Section 32 . 03 . Audit Committee.
A. The county council may establish and audit committee, the
members of which shall individually advise the county auditor on
the following: formulation of the plan of audits proposed to be
conducted by the county auditor pursuant to Section 32 . 02 C;
conduct of audits, follow up of audits; selection of private
contractors to perform audits for the county auditor; evaluation
of preliminary audit findings and recommendations and county
agency, officer, or employee responses to the preliminary findings
and recommendations; and evaluation of the county auditor' s
performance during each fiscal year. if established, the audit
committee shall consist of five members.
1 . One member shall be the chair of the county council
committee with jurisdiction over the administrative budget
ordinances; and
2 . The other members shall be appointed by the county
council. The county council shall appoint members who are
qualified by experience, expertise, and independence to perform
the duties of the audit committee. A member appointed by the
county council shall not hold any other office or position with
the county while on the audit committee. The method of
appointment, terms, and specific qualifications of the appointed
members shall be established by the county council by ordinance or
rule. The county council also may establish by ordinance or rule
provisions for the removal of an appointed member for cause. The
audit committee shall be within the office of the county auditor.
B. Members of the audit committee shall advise the county
auditor. All audit committee meetings shall be open to the public
except as provided for in Chapter 92, Hawaii Revised Statutes .
C. The chair of the audit committee shall be appointed by the
county council in the manner provided by ordinance or rule. A
meeting of audit committee may be called by the committee chair or
county auditor.
D. Members appointed by the county council shall not be
entitled to compensation for serving on the committee. The member
from the county council shall not be entitled to compensation for
serving on the committee that is additional to the compensation
received as a councilmember. All members, however, shall be
entitled to be reimbursed for travel and other necessary expenses
incurred by them in the performance of their official duties .
E. Section 23. 02 . Boards and Commissions shall not apply to
the members of the audit committee .
Section 32 . 04 . Transition Provision concerning the Transfer of
Audit Functions to the Office of the County Auditor.
A. All lawful obligations and liabilities owed by or to the
office of the county clerk relating to financial and performance
audits on June 30, 2009 shall remain in effect on July 1, 2009 .
The obligations and liabilities shall be assumed by the office of
the county auditor. All contracts held by the office of the
county clerk relating to financial and performance audits, which
are to remain effective after June 30, 2009, shall be assumed by
the office of the county auditor. The contracts shall continue in
effect until fulfilled or lawfully terminated. All financial and
performance audit activities administered by the office of the
county clerk on June 30, 2009, shall be assumed by the office of
the county auditor on July 1, 2009.
B. On July 1, 2009, all records, data, and information held
by the office of the county clerk relating to financial and
performance audits which have not been completed as of June 30,
2009 shall be transferred to office of the county auditor.
C. The legislative auditor (program analyst ) and program
support tech positions in the office of the county clerk on June
30, 2009 shall continue with the office of the county auditor on
July 1, 2009. These employees, if positions were already filled,
shall continue service without any loss of vacation allowance,
sick leave, service credits, retirement benefits, or other rights
and privileges because of the charter amendments . Nothing in this
subsection, however, shall be construed as preventing future
changes in the employees' status pursuant to the county auditor' s
powers with respect to personnel in the office of the county
auditor. (Amended 2008
Proposing A Charter Amendment to Article XV Relating to Establishing A
Department of Human Resources.
Charter Amendment.
Article XV of the Kaua'i 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 matters 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.
CRC 2011-09
Section 15.04. Director of [Personnel Services] 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
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 injury prevention.
D. Workers' compensation.
E. Equal employment opportunities,
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?
ARTICLE XXVIII
COST CONTROL COMMISSION
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
I
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
Chair Sandi Sterker and Members of the Cost Control Commission
Cc: Gary Heu, Managing Director
Peter Nakamura, County Clerk
FROM: Sherman Shiraishi, Chairperson
Via: John Isobe, Administrator, =�eofoards & Commissions
DATE: July 28, 2011
RE: Request for Comments on Article XXVIII, Section 28.05 Reports,
County of Kauai Charter(relating to the Cost Control Commission)
The Charter Review Commission, at its meeting on July 25, 2011, requested that the
Administration, County Council and Cost Control Commission provide comments regarding
County Charter Article XXVIII, Section 28.05 relating to the Cost Control Commission.
The Commission would like to know if you have any comments or changes you may want to
propose regarding this section of the Charter, particularly regarding the 30 day time requirement
for the Mayor to submit proposed ordinances from the Cost Control Commission to the County
Council.
The next Charter Review Commission meeting is scheduled for Monday, August 22,
2011 at 4:00 p.m. in the Mo'ikeha Building, Meeting Room 2A/B. In order to allow our
office time to properly prepare for this meeting, we would appreciate receiving your
written response by August 11, 2011.
If you have any questions, please contact Paula Morikami at 241-4922.
Thank you.
CRC 2011-10 a.
ARTICLE XXVIII
COST CONTROL CoMaSSION
Section 28 . 05. Reports . The commission shall prepare and advertise
a written annual re-port 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)
Sandi Sterker Members:
Chair OP Lawrence Chaffin Jr.
Brant Fuchigami
Glen Takenouchi
Laurie Yoshida
Dirk Apao
Vice Chair OF
AUGG
COUNTY OF KAUAI COST CONTROL COMMISSION
TO: Sherman Shiraishi, Chair and Members of the Charter Review Commission
Cc: Gary Heu, Managing Director
FROM: Sandi Sterker, Chair, Cost Control Commission-,��
Via: John Isobe, Administrator, Office of Board nd Commissions
DATE: August 9, 2011
SUBJECT: Response to Memo Dated 7/28111 Requesting Comments on
County Charter, Article XXVIL Section 28.05 Reports
At its meeting on Monday, August 8, 2011, the Cost Control Commission discussed your
communication requesting comments regarding Section 28.05, Kaua'i County Charter. The
Commission determined that it is satisfied with the current language in the Charter and
recommends that no changes be made.
If you have any questions, please call Paula Morikami at 241-4922.
Thank you.
Equal Opportunity Emplo-yer
CRC 2011-10 b.
ARTICLE XXIII
GENERAL PROVISIONS
Section 23 . 02 . Boards and Commissions .
C. The members of all boards or commissions shall serve for
staggered terms of three years and until their successors are
appointed. However, no holdover term shall extend beyond ninety
days . All members currently serving shall serve their term as set
when they were appointed. All appointments after January 1, 1977
shall be for three-year terms . Notwithstanding the holdover period
or period of any vacancy, the term of any appointment shall be
deemed to have commenced immediately after the normal termination
date of his predecessor. The council may, by ordinance, provide
for the staggering of terms provided that no terms of members
already appointed shall be changed. (Amended 1976, 1980)
CRC 2011-11 a.
ARTICLE XXIII
GENERAL PROVISIONS
Section 23 . 02 . Boards and Commissions .
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 b.
ARTICLE XX
CCEE OF ETHICS
Section 20 . 01 . Standards of Conduct . in order to establish a high
standard of integrity and morality in government service, a code
of ethics is hereby established.
Section 20. 02 . No officer or employee of the county shall :
A. Solicit, accept or receive, directly or indirectly, any
gift, whether in the form of money, service, loan, travel,
entertainment, hospitality, thing or promise or in any other form,
under circumstances in which it can reasonably be inferred that
the gift is intended to influence him in the performance of his
official duties or is intended as a reward for any official action
on his part.
B. Disclose information which, by law or practice, is not
available to the public and which he acquires in the course of his
official duties or use such information for his personal gain or
for the benefit of anyone.
C. Acquire financial interest in business enterprises which
he may be directly involved in official action to be taken by him.
D. Appear in behalf of private interests before any county
board, commission or agency.
E. Use his official position to secure a special benefit,
privilege or exemption for himself or others .
F. Use county property for other than public activity or
purpose.
Section 20 . 03 . Contracts .
A. The county shall not enter into any contract with an
officer or employee or with a firm in which an officer or employee
has a substantial interest involving services or property of is
value in excess of $1, 000 . 00 unless the contract is made after
competitive bidding. (Amended 2010)
B. The county shall not enter into a contract with any person
or firm which is represented or assisted personally in the matter
by a person who has been an employee of the agency within the
preceding one year and who participated while in county employment
with the subject matter of the contract . (Amended 2010)
CRC 2011-12
r'. This section shall not apply to personal employment
contract .
Becton' 2 0 . 04- . I; s c I o s u_-e.
A. The mayor, council-persons, all department heads and
deputies, members of boards and commissions and the purchasing
administrator, and any employee delegated or authorized to act on
behalf of the director of finance and the deputy director of
finance in their absence shall-, within thirty (30) days of
assuming office, file with the board a list of all real property
y 4
'-thin . _L -1 _L interest,- the count n which he has any right, title or interest, a
14 of contract at all business firms which for county business in
_L �L - -
which he has any interest, and all their places of employment,
including part-time employment, all sources and amounts of income,
including -l
business ownership, officer and director positions, debts,
creditor interests in insolvent businesses and the names of
persons represented before government agencies . Amendments to the
list, including additions, deletions or changes in title, interest
in property or of employment, shall be made within thirty (30)
days of the occurrence of the amendment . The list shall be a
matter of public record. (Amended 2010)
B. Any elected official, appointed officer, employee, or any
member of a board or commission who possesses or acquires such
interest as might reasonably tend to create a conflict with his
duties or authority, or who is an owner, officer, executive
director or director of an organization, or whose member of his
immediate family, which includes parents, siblings, spouse or
children, is an owner, officer, executive director or director of
an organization in any matter pending before him shall make full
disclosure of the conflict of interest and shall not participate
in said matter. (A-mended 1976, 1980, 2006, 2008)
C. Penalties .
;", I violation of any of the Provisions of this S
Anv v4o �_ -I- section
shall, at the option of the direct-or or- finance, render for-Le-'5t
and void the contract, work, business, sale or transaction
a-ffected.
(2) Any violation of any of the provisions of this section
shall constitute cause for fine, suspension or removal from office
or employment.
D. The council shall, by ordinance, adopt and may, from time
to t4 me, revise and amend such complementary provisions as may be
necessary to supplement the code of ethics .
4
E. The mayor, 'the council and the board of ethics shall be
responsible for the enforcement of provisions of this article.
Section 20. 05 . Board of Ethics. There shall be a board of ethics .
A. The board shall consist of seven members . (Amended 2006)
B. The board shall annually select a chairman and a secretary
from among its members and shall- adopt rules necessary for the
11
conduct of 4� its meetings.
(-. The board shall meet at the call of the chairman or of a
ma-ior-ity of its members . A majority of the membership shall
constitute a quorum for the conduct of business, and the
affirmative vote of at least a majority shall be necessary to take
any action.
D. It shall be the function of the board:
(1) To initiate, receive, hear and investigate complaints of
violations of the code of ethics and to transmit its findings to
the council as to complaints involving county officers and to the
civil service commission as to employees. It may also, on its own,
file impeachment proceedings in the circuit court .
(2) To render advisory opinions or interpretations with
respect to application of the code on request. All requests for
advisory opinions shall be answered within forty five (45) days of
its filing and failure to submit an advisory opinion within said
_L
forty five (45) days shall- be deemed a finding of no breach of the
code. Opinions rendered or deemed rendered shall be binding on -IC,-he
board _L 4 n any subsequent charges concerning the officer or employee
of the county until said opinion is amended or revoked by the
board. (.kmended 2010)
(13) To prescribe a form for the disclosure provided in this
sec-ion and to implement the requirements of the disclosure
provisions.
"4 '1 14
To examine all disclosure statements filed and to comment
on Jr advise corrective action to anv matters that may indicate a
con-f 1; 4 C Of interest . (Amended 19'6)
4
To propose revisions 0_L the code to assure tS
effectiveness .
4 -4
M the its -Me course of vestigai—Lons, the board shall have
I
the power to administer oaths and subpoena witnesses and to comp---L
4
the product-Lon of books and papers pertinent thereto.
F. All hearings on complaints shall be closed to the public.
Only findings Of violations shall be referred to the council or
the civil service commission. Upon referral to the council or
civil service commission, the violations shall be treated as any
other similar item of
council or civil service co=-ission
business.
G. If any officer or employee, or former officer or employee,
shall obtain� n an advisory opinion from the board and shall govern
himself accordingly, or shall act in accordance with the opinions
of the board, he shall not be held guilty Of violating any of the
provisions of the code.
H. Cooperations . The council and mayor shall cooperate and
provide financing and personnel help required by the commission in
the performance of its duties.