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HomeMy WebLinkAbout2011_0926_CharterAgendaPacket Sherman Shiraishi Members: Chair Mary Lou Barela Joel Guy Patrick Stack Carol Suzawa Vice Chair Jan TenBruc,:__9 encate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, September 26, 2011 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Llihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of August 22, 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 9/26/11 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 5/25f/1 1 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 2011-07 Proposed amendment revising Section 1.03, Kaua'i County Charter, relating to the election of County Officers. (Deferred to 9/26/11 meeting) CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources. (Deferred to 9/26/11 meeting) d. Communication dated 8/23/11 from the Charter Review Commission to the County Council requesting their input and comments regarding a proposed Charter Amendment relating to establishing a Department of Human Resources An Equal Opportuniti,Employer CRC 2011-11 Discussion and possible decision-making on Article XXIII, General Provisions, Section 23.02 H. as it relates to term limits for boards and commissions members. (Referred to legal for review 8/123'11) a. Communication dated 8/23/11 from the Charter Review Commission to the County Attorney requesting recommendations regarding the legality and I Z_ compliance with statutes and superior laws as relates to the Kaua'i County Charter §23.021 H. b. Confidential opinion dated 8131;11 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kauai County Charter §23.02 H CRC 2011-12 Discussion of Article XX, Code of Ethics, to identify sections and provisions for future agenda items to be discussed. a. Review Section 20.03, Contracts for consideration of allowing for inflation in the dollar amount b. Review 20.02 D, Appear in behalf of private interest before any county board, commission or agency c. Communication dated 8/23111 from the Charter Review Commission to the Board of Ethics requesting their input and comments regarding specific areas of concern or issues related to Article XX, Code of Ethics d. Communication dated 9/14111 from the Board of Ethics-to the Charter Commission responding to the request for comments relating to Article XX, Code of Ethics CRC 20 11-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot ANNOUNCEMENTS Next Meeting: Monday, October 24, 21011 at 4:00 put in the Mo'lkeha Building, Meeting Room 2A/B 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. Charter Review Commission— September 26, 2011 2 i 1 "3 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 L-ihu*e, HI 96766 E-mail:bdavis(ci1auai.uov 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—September 26. 2011 3 COUNTY OF KAUAI AJ,ON 0j, Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I August 22, 2011 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 4:00 p.m. End of Meeting: 5:15 p.m. Present Chair Sherman Shiraishi; Vice-Chair Patrick Stack. Members: Ed Justus; Carol Suzawa; Jan TenBruggencate Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator.John Isobe Excused , Member: Mazy Lou Barela; Joel Guy Absent SUBJECT DISCUSSION ACTION CaIlTo Order Chair Shiraishi, called the meeting to order at with 5 Conimissioners_,present. Approval of Open Session Minutes of July 25, 2011 Ms. Suzawa moved to approve the ninuttes as Minutes circulated, Mr. Justus seconded the motion. Motion carried 5:0 Business CRC 201 1-01 Proposed amendment creating a new Section 24.04, Kaua'i County Chat-ter, relating to non-substantive corrections and revisions. d. Comnium cation 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. Mr. TenBruggencate noted there was no urgency on this item and suggested a ,follow up phone call to see if either agency planned to respond and, if not, the Commission should proceed with assigning the responsibility. Mr. Justus said he previously suggested that rather than making it the tv of one office, the County Clerk would be responsible fior Charter Review Commission Open Session August 22, 2011 Page 2 SUBJECT DISCUSSION ACTION making the changes with approval by the County Attorney so that both branches of government would be responsible for making the corrections. Mr, Justus said he would still like a response from the County Clerk and the County Attorney indicating whether their office would be interested in having that authority. If they did not respond, the proposed amendment should provide for equal responsibility, Chair Shiraishi asked Deputy County Attorney Winn to follow up with the County Attorney and Staff to follow up with the County Clerk on the status of their responses. Chair Shiraishi called for a motion to defer this item to the September meeting pending response from the offices of the County Attorney and the County Clerk. Mr. Justus moved to defer, Mr. Stack seconded the motion. Motion carried 5:0 CRC 2011-07 Proposed amendment revising Section 1.03, Kaua'i County Charter, relating to the election of County Officers, b. Review and consideration of flawaii Revised Statute §11-157 In ease ref tic. Chair Shiraishi said previously Mr. Justus had proposed that in the event of a tie vote .....- "the winner shall be determined by applicable State law". Mr. TenBruggencate had objected to such broad language that would tie the County into any changes made in the State law, Chair Shiraishi said he had reviewed the tie breaking statute as well as IRS §11-3 which stated all State elections, including County elections, shall be bound by that section, Deputy Attorney Winn did not agree with that interpretation. In the case of County elections, Kaua'i Charter would preempt State law on how ties are deterrnined. If there was a conflict between the County Charter and State law, the Charter would control; it would be a case of"home rule". It would Charter Review Commission Open Session August 22, 2011 Page 3 SUBJECT DISCUSSION ACTION be uniquely a County function and issue and would not be applicable to statewide provisions so the Kauai Charter would preempt. Mr. Justus said that was why Mr. TenBruggencate had suggested the actual language from H.R.S. §11-157 be inserted into the Charter to provide the ability to amend it and use it under home rule. Mr. TenBruggencate said while it might be a good idea to insert the actual language into the Charter, he was not sure he had enough of an objection to the current language to bring this forward on the ballot. Chair Shiraishi felt this Charter amendment was pretty understandable and he would not have a problem submitting this proposal to the public in its current language to break a tie by a method of chance. Mr. Justus felt the term "chance" was not clearly defined and it should have more gravity. A discussion of the various types of"chance" ensued. Chair Shiraishi felt the County Clerk would explain the various methods of chance available to the candidates with a tie vote and ask them what they wanted, Chair Shiraishi suggested the proposed amendment should be Submitted as written. Ms. Suzawa suggested that the Staff start to list the various approval steps on each proposed amendment such as the date of the first approval by the Commission and the date of the legal review from the County Attorney. Ms. Suzawa moved to approve CRC 2011-07. Mr. Stack seconded the motion. Mr. TenBruggencatc asked if there were a tie in the primary, would that force the County Clerk to go through the mechanics of breaking the tie even thoh there was no Charter Review Commission Open Session August 22, 2011 Page 4 SU BJ ECT DISCUSSION ACTION Deputy Attorney Winn said the County Clerk would not be required to do anything unless candidates 14 and 15 were tied because it would most likely not affect other positions. In the case of the Mayor, if the top two get the same amount of votes, they would both move on to the general. Mr. TenBruggencate asked if they put this language in the Charter, could there be a situation that would give a losing candidate any kind of standing to challenge an election. If there were a tie within the ranks that would not impact the 15`''position to move into 14"'place, could this give any standing to say this election to be null and void? Deputy Attorney Winn did not think so. Mr. Justus said 14"' and 15t" place would be in the first nonpartisan election and the Charter stated that "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" so numbers 14 and 15 would appear on the ballot. Ms. Suzawa pointed out that section(C 2 b) was being considered for deletion. Mr. Justus said instead of making it part of Section D in the new proposal, it should be different for both the primary and general election. The primary election would have the 14"' and 15th place candidates so, if there were a tie, they go on to the next round; in the general election the tie would be determined by the method of chance. Mr. Justus moved to defer this item and ask the County Attorney's Office to blend that language into the proposed amendment. Chair Shiraishi noted the new motion on the floor was to defer this matter and request the County Attorney's Office to provide language for the event of a tie in the -imary or I lace to reflect there would be 15 candidates Charter Review Commission Open Session August 22, 2011 Page 5 SUBJECT DISCUSSION AC'I`ION in the general. Ms. Suzawa withdrew the first motion on the floor. Mr. Stack withdrew the second. Mr. TenBruggencate seconded the motion to defer and refer to the County Attorney's Office. Motion carried 5:0. 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. Mr. Justus stated that the proposed amendment did not reflect his last motion of"(comma} or forego accepting a salary"in Section 29.03, Chair Shiraishi noted that wording was sent to the Salary Commission for comment and they responded that they had no objection to the wording. Mr. TenBruggencate thought"to forego a salary" was equivalent to "a salary lower than the maximum" and therefore was unnecessary language. Mr. Justus said the Commission accepted the wording", to forego a salary" at the last meeting, pending comments from the Salary Commission. Mr. TenBruggencate pointed out the wording as suggested was grammatically wrong and suggested placing the wording in the middle of the sentence. Chair Shiraishi agreed and noted the statement should read: "Provided however, elected officers may voluntarily accept no salary or a salary lower than the maximurn figure established by the salary commission for their position Charter Review Commission Open Session August 22, 2011 Page 6 —SUBJECT DISCUSSION ACTION Mr.Justus moved to approve the proposed change in wording. Mr. TenBruggencate seconded the c. Comi-nunication dated 7127111 from the Salary Commission to the Charter motion. Motion carried 5:0 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 818/11 from Council Vice-Chair Yukimura. Chair Shiraishi said that the suggestions in Item 7 of Council Vice-Chair Yukinuira's letter to the Salary Commission regarding the salary of the County Auditor were viable. Mr. Justus noted that her suggestion pointed out that the"disconnect"may have been intentional rising out of a need to protect the County Auditor from political pressure. The Auditor should be free and clear to audit whatever body of the County, especially those that are elected, without concern of how that affects their salary. Mr. Justus favored keeping the County Auditor's salary set by the Salary Commission. Chair Shiraishi asked for comments on Vice-Chair Yukimura's suggestion that performance reviews by the County Council be submitted to the Salary Commission. Mr. Isobe informed the Commission that the appointing authority was Charter Review Commission Open Session August 22, 2011 Page 7 SUBJECT DISCUSSION ACTION responsible for conducting performance reviews and the County Council was the appointing authority in the case of the Auditor. Mr. 'FenBruggeneate pointed out that Vice-Chair Yukimura's letter was addressed to the Salary Commission and not to the Charter Review Commission. Vice-Chair Yukimura, as a member of the County Council, would have the authority to make recommended changes to the Charter. Chair Shiraishi said Council Vice-Chair Yukimura's communication had been referred by the Salary Commission to the Charter Commission and suggested the Commission respond that they did not wish to handle it. Mr. Terfflruggencate said lie was fine with the current situation under which the Salary Commission handles this. If Vice-Chair Yukimura felt that the County Council ought to have that power, the Council had the authority to proceed with it. This would be another unnecessary item for the ballot. Chair Shiraishi suggested receiving both communications for the record and respond to the Salary Commission noting that the Charter Commission took no action. Mr. Justus moved to receive the communications with no further action at this time. Mr. TenBruggencate seconded the motion. Motion carried 5:0 CRC 2011-09 proposed amendment revising Article XV of the Kauai County Charter, relating to establishing a Department of Human Services. Mr. TenBruggencate said it was not clear to him that this "narne change" accomplished the goal that was discussed. Chair Shiraishi recalled that Mr. TenBrMllgencate had a problem with the Charter Review Commission Open Session August 22, 2011 Page 8 SUBJECT ,_.-_.__�____._DISCIJSSION ACTION implementation of this change. Mr. TenBruggencate slid not think this would address the Problems and the change should not be hushed forward at this time. Chair Shiraishi felt it would not hurt to move this item forward and delineate the responsibilities but suggested they defer this item until there was a full Commission for further discussion. Mr. Isobe explained that this proposed amendment was advocated by the Civil Service Commission, the Cost Control Commission, the Mayor and the County Council. Mr. TenBruggencate's concern was that this amendment was proposed as a way to solve a problem and it did not solve that problem from his perspective. Mr. Isobe said from the perspective of the person who provided the testimony, all of those different entities had a different focus on the problem. The Cost Control Commission's focus was one of saving costs and the need for training and consolidation of like functions within the County. The Civil Service Commission looked at it from an overall Huznan Resources perspective in that the Personnel Department currently is not servicing a wide enough spectrum of the personnel needs of the County. The Mayor shares the focus of both Commissions. The County Council has, in the past, voiced their concern about not having a uniform Human Resources process within the County. The Charter Commission was focusing on one area of concern but there are multiple issues that this expanded department would be trying to resolve. Charter Review Commission Open Session August 22, 2011 Page 9 SUBJECT DISCUSSION ACTION Mr. TenBruggencate did not object to the change; lie objected to making a change which was not supported by the reason for the change. Mr. TenBruggencate suggested setting up a workshop with all the people concerned to make sure the language that went into the governing document for the County of Kauai actually addressed the concerns it was intended to address. Mr. Isobe said, short of the County Council, this proposal came from the Mayor's Office, reviewed by the County Attorney's Office, reviewed and endorsed by the Civil Service Commission and the Cost Control Commission, 'The final step was to place it before the Charter Review Commission who, administratively, would be the only entity that could consider putting this item on the ballot. The only body that had not yet reviewed the proposed amendment was the County Council. Mr. Justus said if the Commission had to wait for the County Council's approval, the County Council might as well pass a Resolution. Mr. TenBruggencate moved to defer action on this item and to ask the County Council to provide their input on the proposed aniendi-nent. Mr. Justus seconded the motion. Mr. Stack expressed his concern with presenting too many items on the ballot for the voters to consider. Chair Shiraishi requested an agenda item in September to prioritize proposed ballot items. Motion carried 5:0 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. a. Memorandum dated 7/28/11 from the Charter Review Comm ission to the n Charter Review Commission Open Session August 22, 2011 Page 10 SUBJECT DISCUSSION ACTION 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. Chair Shiraishi noted that the Cost Control Commission was satisfied with the current language and recommended no changes be made. Mr. Isobe said the thirty day requirement did not seem to pose a problem for the Administration because in those instances that the Cost Control Commission recommended an Ordinance, the Commission also drafted the Ordinance for the Mayor's consideration. Chair Shiraishi's concern with the language was that the second sentence said"Thereafter, the commission may request......its recornmendations.....be sent to the mayor" and the third sentence was "The mayor shall......". This might be one of the low priority amendments. Mr. TenBruggencate moved to receive the communication. Mr. Justus seconded the motion. Motion carried 5:0 CRC 2011-11 Discussion and possible decision-making on Article XXIII, General Provisions, as it relates to terms for board and commission members. a. Section 23.02 C. as it relates to 3 year terms for members of boards and commissions members. Chair Shiraishi said that when he was called to appear before the Count Charter Review Commission Open Session August 22, 2011, Page 11 SUBJECT DISCUSSION ACTION Council to explain the thoughts behind making the Charter Commission a permanent commission, he explained the high learning curve involved with this Commission and the rotation off the Commission just as someone gets a grasp on the Chat-ter. Part of that conversation evolved into possibly increasing terns limits for certain boards and commissions and specifically the Charter Review Commission might benefit with an increase from three to five years. Vice-Chair Stack asked if there had ever been discussion about certain boards or commissions having elected positions versus appointed positions. No action required. b. Section 23.02 fl. as it relates to term limits for boards and commissions members. Mr. Justus questioned the logic behind the need for a commissioner to sit out for one year following the completion of two consecutive terms. Mr. TenBruggencate felt the argument would be to provide diversity, to give other people the opportunity to serve and to avoid having a power elite that controlled a commission. Mr. Justus suggested changing it so that a person would not be eligible to be reappointed to the same board. Chair Shiraishi suggested the section be amended to read: After the expiration of two consecutive terms, no person shall be eligible for reappointment to the same county board or commission until one year has elapsed. Mr. Justus moved to approve the wording as amended. Mr. TenBruggencate seconded the motion. Motion carried 5:0 Charter Review Commission Open Session August 22, 2011 Page 12 SUBJECT DISCUSSION ACTION Staff to refer proposed amendment to the County Attorney's-- CRC 2011-12 Discussion of Article XX, Code of Ethics, to identify sections and provisions for future agenda items to be discussed. Mr. TenBruggericate explained he was concerned that the issue of Ethics had been a topic of interest over the past couple of years. There have been discussions on whether persons serving on boards and commissions for no pay ought to be prevented from representing themselves or other private interests before other government agencies. A recent attempt to address this issue was turned down by the voters. As part of this Commission's duty,we should take a look at the whole issue of the County's Ethics Code and how other municipalities around the country deal with those issues. Chair Shiraishi cautioned the Commission about considering very broad agenda items rather than addressing specific problems. Mr.TenBruggencate said he had done some preliminary work which looked at the ethics provisions in other states, counties and cities and they were very different from ours. The code seemed to lack a statement of purpose that would encapsulate the approach to ensure a high standard ofprincipled conduct in our government, which may be all that would be needed. Mr. Justus suggested a communication be sent to the Ethics Board requesting their input for any changes they would like to see. Mr. Justus moved to send a communication to the Ethics Board requesting their comments on potential changes to the Charter. Mr. TenBruggencatc seconded the motion. Motion carried 5:0 Chat-ter Review Commission Open Session August 22, 2011 Page 13 SUBJECT _._ ��..__.DISCUSSION ACTION Chair Shiraishi suggested the Ethics board members could be jointly appointed by the Mayor and the Council instead of the Mayor appointing all 7 members. Mr.Justus commented that if someone was voluntarily an officer of the County or served on a board or commission for which they were not getting paid, he wondered why they couldn't enter into contracts with the County. It was pointed out that Section 20.03 was amended in 2010. Mr. Justus felt there would be no harm in looking at that section again. Chair Shiraishi requested agenda items for September to include Section 20.03, Contracts and Section 20.02 D, appearance in behalf of rivate interest before county4geticies. Announcements Next Meetn��Monday, September 26, 2011, 4:00 p.m. _ Adjournment Mr. Justus moved to adjourn the meeting at 5:15 p.m. Mr. Stack seconded the motion. Motion carried 5:0 Submitted by: _ Reviewed and Approved by: Barbara Davis, Support Clerk Sherman Shiraishi, Chair �__..______�..�.._.� { j 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 Kaua'i 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; B. Change any male or female gender terms to a term which is neutral in gender when it is clear that the provision is not applicable only to members of one sex and without altering the sense, meaning, or effect of any charter provision; 9. Delete any provision or state law or any charter amendment; and 10. Incorporate other non-substantive changes as shall be necessary to provide a uniform and consistent language style throughout the charter. In making such revisions, the county attorney shall not alter the sense, meaning, or effect of an article or section. C. Prior to adoption of the ordinance, the council shall conduct a public hearing on all proposed non-substantive corrections or revisions under consideration. A notice of the public hearing shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the date of the hearing. The public hearing shall be held not earlier than seven (7) days prior to the final reading of the ordinance. D. The ordinance shall be adopted by a vote of five (5) or more members of the County Council." Note: New charter material is underscored. Ballot Question. Shall the County Attorney be allowed to propose an ordinance to correct typographical, grammatical and other minor errors to the Charter that must be approved by a vote of five (5) or more members of the County Council? Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections) CRC 2011-01 Sherman Shiraishi, Chair `` Members: Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUAI COUNT' 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 Commissions 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 211-4922. Thank you. Attachment: CRC 2011-01 b—proposed amendment creating a new Section 24.04 CRC 201t-01 d. 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: 8-24-11 (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: 8-24-11 (Sec.1.03—County Elections) CRC 2011-07 2 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. 3. Tie votes. In the event of a tie vote for ma or and rosecutin-a attorney in winner shall be determined bV a method of chance as determined bNt the count%P ,-1,nA, 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. 3. Tie votes. In the event of a tie vote for the last remainina at-lara e council office in the Prime ry election the twe candidates receivi,niar the same number of votes shall be placed on the ballot for the eneral election, In the event of a tie vote for the 'last remainina at-large goundl office in the eneral election the winner shall be determined -hx/ a method of chance as determined by the count it �! c I e rk. Note: Charter material to be repealed is bracketed. New charter material is underscored. Draft: 8-24-11 (Sec.1.03—County Elections) CRC 2011-07 3 ----—-------- 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 Mayo . 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 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? Sherman Shiraishi,Chair A T. Members: A. Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAU'A'I COUNTY CHARTER REVIEW COMMISSION TO: 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, Boards and Commissions AdministratpYl-, DATE: August 23, 2011 RE: Proposed Charter Amendment Relating to Establishing A Department of Human Resources The Charter Review Commission, at its meeting on August 22, 2011, requested that the County Council provide comments regarding a proposal to amend Article XV, Kaua'i County Charter Relating to Establishing A Department of Human Resources. (See attached) The Commission would also like to know whether the County Council endorses the transition of the existing Department of Personnel Services to a more comprehensive and fully functional Human Resources Department as outlined in the proposed amendment. The next Charter Review Commission meeting is scheduled for Monday, September 26, 2011 at 4:00 p.m. in the Mo'ikeha Building, Meeting Room 2 A/B. In order to allow our Office time to properly prepare for this meeting, we would appreciate receiving your written response by September 15, 2011. We would also welcome any member of the Council to attend our meeting to discuss their individual viewpoints and/or suggestions regarding this matter. Please contact Barbara Davis if you would like to appear before the Charter Review Commission at any of our future meetings. If you have any questions, please contact the Office of Boards and Commissions at 241-4919. Thank you. Attachment: CRC 2011-09 Proposed Amendment CRC 2011-09 d An Amendment Relating to Terms of Board and Commission Members. Charter Amendment. Article XXIII, Section 23.02 H of the Kaua'i County Charter shall be amended to read as follows: "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] reappointment to [any] the same 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)" Note: Charter material to be deleted is bracketed. New charter material to be added is underscored. CRC 2011-11 Sherman Shiraishi, Chair Q 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 ATTN: Jennifer Winn, Deputy County Attorney Cc: Bernard Carvalho, Mayor Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Boards and Commissions Administr- DATE: August 23, 2011 RE: Comments Related to Article XXIII, General Provisions, Section 23.02 H The Charter Review Commission, at its meeting on August 22, 2011, approved a proposed Charter Amendment to Section 23.02 H, Kaua'i County Charter revising the term limits for Board and Commission members. (See attached.) As provided for in RULE 4(b) of the Rules of the Kauai County Charter Review Commission, the Commission is now seeking your recommendations regarding the legality and compliance with statutes and superior laws of this proposed amendment. The Commission also requests that your Office make a determination on whether the Charter amendment ballot question contained in the attachment adequately addresses the stated purpose and meets proper statutory/legal requirements. If not, please make any recommended language revisions that would provide even greater clarity or legal compliance. The next Charter Review Commission meeting is scheduled for Monday, September 26, 2011 at 4:00 p.m. in the Mo'ikeha Building, Meeting Room 2 A/B. In order to allow our Office time to properly prepare for this meeting, we would appreciate receiving your written response by September 15, 2011. If you have any questions, please contact the Office of Boards and Commissions at 241-4919. Thank you. Attachment: CRC 2011-11 Proposed Amendment CRC 2011-11 a ARTICLE XX CODE OF ETHICS Sect-ion 20 . 03 . Contracts . A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $1, 000 . 00 unless the contract .-*, s 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) C. This section shall not apply to personal employment contract . CRC 2011-12 a ARTICLE XX CODE OF ETHICS q-ctlon 20 . 02 . No of'ficer or employee of the county shall: D. Appear in behalf of private interests before any county board, co=-ission or agency. CRC 2011-12 b 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: Chair Paul Weil and Members of the Board of Ethics Cc: Bernard Carvalho, Mayor Gary Heu, Managing Director FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Boards and Commissions Administrate�> DATE: August 23, 2011 RE: Requesting Comments Related to Article XX, Code of Ethics The Charter Review Commission, at its meeting on August 22, 2011, began preliminary discussions to identify existing provisions within the Code of Ethics, Article XX, Kaua'i County Charter that should be reviewed for possible revision. As a result, the Commission is requesting comments and/or recommendations regarding specific areas of concern or issues related to the existing language in the Code of Ethics that the County Board of Ethics may have encountered during its deliberations. The next Charter Review Commission meeting is scheduled for Monday, September 26, 2011 at 4:00 pm. in the Mo'ikeha Building, Meeting Room 2 A/B. In order to allow our Office time to properly prepare for this meeting, we would appreciate receiving your written response by September 15, 2011. We would also welcome any member of the Board to attend our meeting to discuss their individual viewpoints and/or suggestions regarding this matter. Please contact Barbara Davis if you would like to appear before the Charter Review Commission at any of our future meetings. If you have any questions, please contact the Office of Boards and Commissions at 241-4919. Thank you. CRC 2011-12 c s I o� Paul Weil Members: Chair ` , Kurtl:amine Kathy Clark Mark Hubbard Vice-Chair of ,��p Brad Nagano Warren Perry -r W Secretary rt1 7 } COUNTY OF I{AUA'I BOARD OF ETHICS SEP 1 4 2111 L B(JARC:`` TO: Chair Sherman Shiraishi and Members of the Charter Review Commission cc: Bernard P. Carvalho, Jr., Mayor Gary Heu, Managing Director FROM: Paul Weil, Chairperson Via: John Isobe, Boards and Commissions Administrat r DATE: September 14, 2011 RE: Comments Related to Article XX, Code of Ethics The Board of Ethics, at its meeting on September 9, 2011, considered the Charter Review Commission's request for comments and/or recommendations regarding specific areas of concern or issues related to the existing language in the Code of Ethics that the Ethics Board may have encountered during it deliberations. In response to the above, the Board of Ethics recommends that the Charter Review Commission consider the following: Section 20.03 A—provide clarifying language or a definition for the term "competitive bidding" Section 20.04 D—place the existing language into a new Section to clarify that the Council's authority to adopt supplementary provisions is not only limited to the"Disclosures"provisions of the Ethics Code. The members also discussed the need to clarify Section 20.05 C, by specifying that, "...the affirmative vote of at least a majority of all the members to which the board is entitled shall be necessary to take any action." This proposed revision is consistent with the provisions of Charter Section 23.02 J and HRS § 92-15. Thank you for the opportunity to provide comments. An Equal Opportunity Employer CRC 2011-12 d ARTICLE XX CODE OF ETHICS Section 20 . 03. C-ontraCts . A. The county shall not enter into any contract with an officer or employee or with a -firm in which an officer or employee has a substantial interest involving services or property of a . L - -I- - value in excess of $1, U000 . 00 unless the contract-- is made after competitive biddincr. (2�_mended 2010) Section 20 . 04 . -Disclosure. D. The council shall, by ordinance, adopt and may, from time to time, revise and amend such complementary provisions as may be necessary to supplement the code of ethics . ########## Section 20. 05 . Board of Ethics . g. - The board shall meet at the call of the chair man or of a majority of its members . A majority of the membership shall constitute a quorum for the conduct of business, and the �4 a--F 1--rmative vote of at least a majority shall be necessary to take any action. YX � _T�T - . 02 . Boards (ART=-1 f, GEINERAL PIR OVIS!OATS Section 2-5 and Co=issions. A majority of all the members to which a board or +-4 ' L uorum to do business, comm Lssion is entitled shall cons-ritute a q and -the concurrence of a majority of all the members to which such board or commiss-ion 4 3 entitled shad be necessary to make any action or such board or cor-amission valid. CRC 2011-12 d 2011 /2012 Tracking of Proposed Amendments Charter Proposed Amendment Legal Review 2"d COMMission Future Action Section Review Sent Red CRC 2011-01 Correcting non-substantive language to 3/1/11 3/7/11 Deterred to 9/26/11 for §24.04(new) Charter comments fi•oni Clerk CRC 2011-02 Pei-cent of registered voter signatures 4/26/11 5/2/11 Trace January 2012 for §24.01 B on petition to propose amendments ballot question& further review CRC 2011-05 Clarify wording of I't sentence of X24.(}1 B M `24.01 B CRC 2011-03 ~ Rescind transfer of building N/A N/A N/A N/A _1§01103/31.03 maintenance form PWtoParks CRC 2011-04 Percent of registered voter signatures 4/26/11 5/2/11 Trace January 2012 for §2103 C for initiative and referendum petition ballot question & Further review CRC 2011-05 Initiation of Charter amendments 4/26/11 5/2/11 Trace January 2012 for §24.01 B ballot question &further review CRC 2011-06 Establish a permanent Charter Review Deferred to 2013 Commission CRC 2011-07 Clarification relating to the election of 5/25/11 6/9/11 Deferred to 9/26/11; §1.03 County Officers request language for 14/15 8/25/11 8/25/11 tie in Council CRC 2011-08 Relating to salaries of County Officers Approved as amended-, §23.01, §7.03 pending ballot question & 00 CRC 2011-09 Establishing a Department of Human 6/28/11 Deferred to 9/26/11' § V" Resources via CCC request comments frorn Council CRC 201.1-10 Cost Control Conunission,annual report N/A N/A Received for the record; §28.05 and mandates contained therein I filed; No further Action Charter/Tracking of Proposed Amendments-2011/2012(updated 8/22/11) 2011 /2012 Tracking of Proposed Amendments CRC 2011-11 3 year terms for B&C members N/A N/A No further action §23.02 C CRC 2011-1.._l._._ 011-11 Term limits for board and commission 8/23/11 8/22/11 -Approved as §23.02 11 members amended, refer to le CRC 2011-12 Review for proposed changes to the 2-2 Request Article XX Code of Ethics comments from BOO Charter/Tracking of Proposed Amendments-2011/2012{update=d 8/22/11)