Loading...
HomeMy WebLinkAbout2011_0926_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 10/24/11 Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I September 26, 2011 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 4:00 pm I End of Meeting: 4:53pm Present Chair Sherman Shiraishi; Vice-Chair Patrick Stack. Members: Mary Lou Barela, Joel Guy; Ed Justus; Carol Suzawa; Jan TenBruggencate Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis, Administrative Aide Paula Morikami; First Deputy Prosecuting Attorney Jake Delaplane Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 4:00 pm with 7 Commissioners present Approval of Regular Open Session Minutes of August 22, 2011 Minutes Mr. Justus asked that page 13 of the minutes be amended to reflect his suggestion that Section 20.03 A be looked at for consideration of adjusting "services or property of a value in excess of$1,000"to allow for inflation. Ms. Barela moved to approve the minutes as amended. Mr. Justus seconded the motion. Motion carried 7:0 Business CRC 2011-01 Proposed amendment creating a new Section 24.04, Kauai Countv 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 thev 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 Cognty Attorney and the County Clerk requesting their input and Charter Review Commission Open Session September 26, 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 Kaua'i County Charter. e. Confidential opinion dated 9/16/11 from Countv Attomev Al Castillo responding to the Charter Commission's request of 5/25/11 regarding that Office's role with regard to non-substantive corrections and revisions as proposed for a charter amendment to Kaua'i County Charter §24.04 Chair Shiraishi noted the receipt of the County Attorney's response dated 9/16/11 to the Commission's request for comments regarding that Office's role with the task of correcting non-substantive items. Mr. TenBruggencate moved to receive the communication and defer the item pending receipt of comments from the County Clerk. Mr. Justus seconded the motion. Motion carried 7:0 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) Mr. Justus said he would like to see the proposed amendment be submitted as a ballot question. Chair Shiraishi noted that although the proposed language was drafted by the County Attorney's Office,the proposed amendment should be resubmitted for review of legality and compliance with statutes and superior laws under the Commission's Rule 4. b. Mr. Justus moved to resubmit the proposed language to the County Attorney's Office for review. Ms. Barela seconded the motion. Motion carried 7:0 CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources. Charter Review Commission Open Session September 26, 2011 Page 3 SUBJECT DISCUSSION ACTION (Deferred to 9/26/11 meeting) d. Communication dated 8/23/11 from the Charter Review Commission to the Countv Council requesting their input and comments regarding a proposed Charter Amendment relating to establishing a Department of Human Resources. Mr. TenBruggencate moved to defer the agenda item. Ms. Barela seconded the motion. Motion carried 7:0 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 8/23/11) a. Communication dated 8/23/11 from the Charter Review commission to the Countv Attornev requesting recommendations regarding the legality and compliance with statutes and superior laws as relates to the Kaua'i Countv Charter §23.02 H. b. Confidential opinion dated 8/31/11 from Deputy Countv Attornev Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kaua'i Countv Charter §23.02 H. Mr. Justus moved to waive the CRC's attorney- client privilege for the opinion dated 8/31/11. Mr. Stack seconded the motion. Motion carried 7:0 Ms. Suzawa asked if there was confusion within the wording of the first sentence of Section 23.02 H. Deputy Attorney Winn pointed out the first sentence read that"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." That sentence contemplates serving one term on one board and another term on a different board. As currently written without the amendment, after the expiration of two consecutive terms either Charter Review Commission Open Session September 26, 2011 Page 4 SUBJECT DISCUSSION ACTION on the same board or two different boards, you would not be eligible for a year. With the change in the second sentence made by the Commission, it would be in conflict with the first sentence by allowing someone to continue serving. Basically the first sentence would need to be changed to make sense with the change in the second sentence. Mr. Justus asked if a person could currently serve on two different boards at the same time. Ms. Suzawa said she had previously been told that she could not serve on two county boards at the same time but could serve on a county and a state board at the same time. Discussion was held on whether a person should be able to serve on more than one board at a time and whether this needed clarification in the Charter. Mr. TenBruggencate felt this was not a problem that needed solving noting there were several issues already identified for the ballot that would require the public's attention. Mr. Justus disagreed noting that one of the agenda items was to prioritize issues for the ballot and the discussion of an item did not mean it would go on the 2012 ballot. Chair Shiraishi stated that he would like time to study this provision along with the possibility of prohibiting service on two boards or commissions at Mr. TenBruggencate moved to defer this item. the same time and would entertain a motion to defer. Ms. Barela seconded the motion. Motion carried 7:0 Chair Shiraishi offered to provide clarifying Charter Review Commission Open Session September 26, 2011 Page 5 SUBJECT DISCUSSION ACTION language regarding service for the next meeting CRC 2011-12 Discussion of Article XX, Code of Ethics,to identifv sections and provisions for future agenda items to be discussed. a. Review Section 20.03, Contracts for consideration of allowing for inflation of the dollar amount Ms. Suzawa noted that prior to this item being placed on the 2010 ballot, there was discussion of not listing a dollar amount but instead allowing the amount to be determined by the Finance Director. The Commission felt that left it too open. The Finance Director said he saw no problem at that time with increasing the dollar amount to $1,000. Mr. Justus suggested including a sentence that said `in excess of a value of $1,000 as of 2010 adjusted for inflation or deflation'. Chair Shiraishi asked what the criteria would be to determine inflation and deflation. Mr. TenBruggencate noted he would be comfortable changing the number to $5,000 and leaving the inflation issue for consideration in the future. Ms. Suzawa thought the $1,000 amount had come from the Finance Director noting that if they put the figure too high, it was felt it would not pass the vote. Ms. Justus stated that an amendment that would allow adjustments for inflation would be easier to deal with than passing amendments to keep up with an increase in the dollar amount. Mr. TenBruggencate suggested that the County Attorney could provide Charter Review Commission Open Session September 26, 2011 Page 6 SUBJECT DISCUSSION ACTION language which would allow the County Council to amend the dollar amount. Mr. Guy said this topic had been vetted completely with the Finance Director. Mr. Justus said this would not change the dollar amount as was done in 2010. It would just solidify that the value of the money would be adjusted in the future without burdening the public every 5 to 10 years. Ms. Barela asked what would determine inflation and by whose guidelines, county or state which could be quite different. Mr. Justus said it would be adjusted to whatever the inflation of the U.S. dollar was. Mr. Guy said if they were going to look at a priority list, this item could be pushed to 2014 as they could live with the $1,000 for a while. Mr. Justus moved to defer this item until it is called back as an agenda item. Mr. Guy seconded the motion. Motion carried 7:0 b. Review 20.02 D, Appear in behalf of private interest before anv county board, commission or agencv Chair Shiraishi noted the public had voted against this as a ballot item last year(sic—2008). Mr. Justus asked if this was presented to the public as `allowing any officer or employee to present themselves in private interest' and it was turned down. Charter Review Commission Open Session September 26, 2011 Page 7 SUBJECT DISCUSSION ACTION Chair Shiraishi said the previous amendment stated that no officer or employee of the County shall appear in behalf of private interest before the board or commission on which they served. Mr. Justus wondered if the public rejected it because of the way it was worded. Would it be different if they distinguished the difference between being a volunteer and someone who is paid? Ms. Barela said in the Charter, volunteers to any commission are also called officers. Mr. Justus asked if the word volunteer was used in the ballot question. If the public did not know that boards and commissions members were not paid, there is a good chance they might think they are paid. Mr. Guy said this was another one of the questions that was well vetted, including definitions of volunteers. The Commission tried to make it clear to the voting public what the intent of the ballot question was. Mr. TenBruggencate felt this was an important matter of public policy and added that any charter provision which precluded some of the most competent and civic-minded members of the community from serving did a disservice to the community and the county. Mr. TenBruggencate suggested that the Commission take another shot at crafting language that would serve the best interest of the County and may garner the support of the voters. Mr. TenBruggencate thought this question might have failed previously because of a general sense of distrust about government. Board and commission members should be able to appear before other agencies with the caveat they disclosure they are an officer of the County, but as an unpaid volunteer and public-minded citizen they should not be prevented from making a living. Charter Review Commission Open Session September 26, 2011 Page 8 SUBJECT DISCUSSION ACTION Ms. Barela said that on the other hand, she had heard that those who serve on commissions had the upper hand when they appeared before another commission so this would be a valid point. Mr. Stack said the spirit extends beyond appearances before various committees, councils, etc., and while agreeing with appearing before other Mr. TenBruggencate moved to defer this item to agencies, why would that not include a$1,000 limit on service provided and January 2012 to allow the Commission to why would there be a cap? develop appropriate language. Mr. Justus seconded the motion. Motion carried 7:0 c. Communication dated 8/23/11 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 9/14/11 from the Board of Ethics to the Charter Commission responding to the request for comments relating to Article XX, Mr. TenBruggencate moved to defer all items Code of Ethics. that are part of Article XX to January 2012. Ms. Suzawa seconded the motion. Motion carried 7:0 CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot Chair Shiraishi noted there were only 3 ballot questions proposed. Mr. TenBruggencate stated there were still some amendments in the offing. Vice-Chair Stack reminded the Commission that as they review and prioritize ballot questions, they need to exercise care so as to not Charter Review Commission Open Session September 26, 2011 Page 9 SUBJECT DISCUSSION ACTION overburden the public with too many issues. Mr. Justus said there appeared to be around 18 ballot questions in 1980 and the majority of those passed so, would burdening the voter necessarily be a bad thing? Ms. Barela thought the attitude of the voter was different today than in 1980. Chair Shiraishi thought the Commission's attempt to prioritize ballot questions might be premature. The Chair then asked for public testimony. Jake Delaplane: The Prosecuting Attorney's Office will send a communication to the Commission to propose suggested changes to Article INA, Prosecuting Attorney. He stated that the powers enumerated in the Charter for the Prosecuting Attorney are somewhat antiquated in the way they are written and could be misunderstood that all the Office of the Prosecuting Attorney is authorized to do is appear in court and represent the State and the County for violations of the County Code. It leaves out things like prevention efforts and other things the office has been doing for years. Mr. Delaplane said he would send the communication with the proposed language to the Commission by October 10. Chair Shiraishi assured Mr. Delaplane that his request would be placed on the October agenda as long as it was received within the timeline required by the Office of Boards and Commissions to meet their deadlines. Mr. Justus moved to defer the prioritization of ballot questions. Mr. TenBruggencate seconded the motion. Motion carried 7:0 Announcements Neat Meeting: Monday, October 24, 2011, 4:00 pm — Mo'ikeha Building, Meeting Room 2A/B Adjournment Mr. TenBruggencate moved to adjourn the meeting at 4:53 p.m. Ms. Barela seconded the motion. Motion carried 7:0 Charter Review Commission Open Session September 26, 2011 Page 10 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Sherman Shiraishi, Chair O Approved as is. O Approved with amendments. See minutes of meeting.