HomeMy WebLinkAbout2011_1024_CharterAgendaPacket Sherman Shiraishi Members:
Chair Man-,Lou Barcla
Joel Guy
Patrick Stack Carol Suzawa
Vice Chair Jan TenBruggencate
Ed Justus
COUNTY OF KAUA'I CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, October 24, 2011
4:00 p.m. or shortly thereafter
Mo'ikeha Building Meeting Room 2A/B
4444 Rice Street, Llhu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of September 26, 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 10/24/11 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)
CRC 2011-07 Proposed amendment revising Section 1.03, Kauai County Charter, relating to the
election of County Officers. (Deferred to 10/241/11 meeting)
d. Confidential opinion dated 10/10t 11 from Deputy County Attorney Jennifer
Winn offering legal guidance as to the legality and compliance of a proposed
charter amendment to Kaua'i County Charter §1.03.
CRC 2011-09 Proposed amendment revising Article XV of the Kauai County Charter, relating to
establishing a Department of Human Resources. (Deferred to 10/24/11 meeting)
Z_17
e. Communication dated 10/6/11 from the Kaua'i County Council to the Charter
Review Commission responding to the request for comments regarding a
proposed Charter Amendment relating to establishing a Department of Human
Resources
CRC 2011-11 Discussion and possible decision-making on Article XIII, General Provisions,
Section 23.02 H. as it relates to term limits for boards and commissions members.
(Deferred to 10/24/11 meeting)
An Equal Opportunity Enip1qyer
CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the
2012 ballot (ongoing review)
Z�
CRC 2011-14 E-mail dated 10/09/11 from Ed Justus requesting a review of Article XIX, Section
4-1
19.20, Disposition of Surplus Property
CRC 2011-15 Letter dated 10/12111 from Shaylene Iseri-Carvalho, Prosecuting Attorney,
proposing Charter Amendments to Article IAA, Section 9A.03, Prosecuting Attorney
ANNOUNCEMENTS
Next Meeting: Monday, November 28, 2011 at 4:00 pm in the Mo'ikeha 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.
Cc: Deputy County Attorney Jennifer Winn
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior
to the meeting indicating:
I. Your name and if applicable, your position/title and organization you are representing-,
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only; and
4. If Nrou 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.
Charter Review Commission—October 24, 2011 2
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
zn
testimony to five(5) minutes. A speaker's time may be limited to three(3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to:
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
Uhu'e, HI 96766
E-mail:hdqyjs��
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—October 24, 2011 3 11, a C
COUNTY OF KAUAI
��. ��, ��
Minutes of Meeting
OPEN SESSION
Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I September 26,2011
Lo o'ik,eha Building, Meeting Room 2A/2B Start of Meeting: 4:00 pin F.T-11 nd of Meeting: 4:53pin
I
Present Chair Sherman Shiraishi; Vice-Chair Patrick Stack. Members: Mary Lou Barela; Joel Guy; Ed Justus; Carol Suzawa; Jan
"fenBruggencate
Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff- Support Clerk Barbara Davis, Administrative
Aide Paula Morikanii; First Deputy Prosecuting Attorney Jake Delaplane
Excused
Absent
K
SUBJFICT DISCUSSION
—--------------- —------
.............
Call To Order Chair Shiraishi, called the meeting to order at
-------- 4:00 pm with 7 Commissione.rs pry sent
Approval of 9sgiijar-Q, i S s.sion Minutes of Ay_gu s t t-2 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 Provosed amendment creatim-, a new Section 24.04, Kauai ----—-----
Qqiiijty,Qiqrter a ion-substantive corrections and revisions.
t.Deferred to 9/26/11 meetin.6)
jj__
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 torainmar, elling and formatting rrors
in the Charter and whether to consider bu
dgetin for an outside editor.
�ongqiqg)
Charter Review Conirnission
Open Session
September 26, 2011, Page 2
SUBJECT DISCUSSION ACTION
d. Communication dated 5/25/11 from the Charter Review Commission to
the Cou
ifutY-Att and
comments and capability-to
peL, forrit the task of correcti
Charter,
e. Confidential oninion dated 9/16/11 from County Attorney Al Castillo
zeporadin to the Charter Cocrn�aission's re nest of 5/25/11 regarding that
Office's role with re yard to non-substantive corrections and revisions as
arc sed Coy a char ter artaaendment t« Kauai County Charter a4.04
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. TcnBruggencate 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 2 Kaua'i County
Chat-ter relatino,to the election of County Officers. (Deferred to 9/26/11
nigetia
Mr. Justus said lie 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.
Charter Review Commission
Open Session
September 26, 20 11 Page 3
SUBJECT DISCUSSION ACTION
Motion carried
QRC 2011-09 Proposed amendment revising Article XV of the Kauai
Resources.
C?cIi ec1 to 9/26/11 mcetipgI
d. Communication dated 8/23/11 from the Charter Review Commission to
the Con
ent 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 its 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 County Attorney
relates e:om liar with statutes and su eric>r laws as to the Kauai Count
Char-ter 23.02 FI.
b. Confidential (Apinion dated 8/31111 -fi-om Deputy County Attorney
Jennifer Winn offering;leiaal guidance as to the legality and compliance of a
rc posed charter amendment to Kauai Count Charter '23.02 I I. 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 board or commission shall be�eli ,ible for more than two consecutive
Jmy---
Charter Review Commission
Open Session
September 26, 2011 Page 4
SUBJECT DISCUSSION
—----- ACTION
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 teen on a different board. As currently written
without the amendment, after the expiration of two consecutive terms either
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 sarne 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 Chat-ter.
Mr, 'renBruggencate 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
the possibil t ,r9hibiting, service on two boards or commissions at
Charter Review Commission
Open Session
September 26, 2011 Page 5
SUBJECT DISCUSSION ACTION
the same time and would entertain a motion to defer. Mr. TenBruggencate moved to defer this item.
Ms. Barela seconded the motion. Motion carried
?:0
Chair Shiraishi offered to provide clarifying
lava Yua e regarclirzg service for the next meetln
CRC 2011-12 Discussion of Article NY, Code of Ethics to identify sections
nc rovisions for future a Benda sterns 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
arnount 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 chang=ing 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
ass the vote.
Charter Review Commission
Open Session
September 26, 2011 Page 6
SUBJECT DISCUSSION ACTION
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
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 county
board, commission or a&,,eney
Charter Review Commission
Open Session
September 26, 2011 Page 7
SUBJECT DISCUSSION ACTION
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.
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 quid 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. TenBrugcate suggested
Charter Review Commission
Open Session
September 26, 2011 Page 8
SUBJECT DISCUSSION ACTION
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 Wright 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.
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 mother
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
agencies, why would that not include a $1,000 limit on service provided and Mr. TenBruggencate itioved to defer this item to
why would there be a cap? January 2012 to allow the Commission to
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 reque;tim!their itiout 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 re� din:)ondit g to the request for comments relating to Article XX
,
Code of Ethics. Mr. TenBruggencate moved to defer all items
that are part of Article XX to January 2012. Ms.
Suzawa seconded the motion. Motion carried
7:0
Charter Review Commission
Open Session
September 26, 2011 Page 9
S U BJ ECT DISCUSSION ACTION
.CRC 2011-13 Review an d prioritize proposed amendxllents for
consideration sit l�aceine�titoiit�lie2Ol�2ba�llot
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 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
I
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
IXA, 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. Dela.lane that his request would be placed on
Charter Review Commission
Open Session
September 26, 2011 Page 10
SUBJECT DISCUSSION
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 Next 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
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk, Shen-nan Shiraishi, Chair
Approved as is.
O 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;
8. Change any male or female gender terms to a term which is neutral in gender
when it is clear that the provision is not applicable only to members of one sex and
without altering the sense, meaning, or effect of any charter provision;
9. Delete any provision pre:te
Cr��-pte-d or�s�erseclecl by either federal or state law
or any charter amendment; and
10. Incorporate other non-substantive changes as shall be necessary to provide a
uniform and consistent language style throughout the charter. In making such
revisions, the county attorney shall not alter the sense, meaning, or effect of an
article or section.
C. Prior to adoption of the ordinance, the council shall conduct a public hearing on
all proposed non-substantive corrections or revisions under consideration. A notice of the
public hearing shall be published in a newspaper of general circulation in the county at
least thirty (30) days prior to the date of the hearing. The public hearing shall be held not
earlier than seven (7) days prior to the final reading of the ordinance.
D. The ordinance shall be adopted by a vote of five (5) or more members of the
County Council."
Note: New charter material is underscored.
Ballot Question.
Shall the County Attorney be allowed to propose an ordinance to correct typographical,
grammatical and other minor errors to the Charter that must be approved by a vote of
five (5) or more members of the County Council?
Draft: 3-29-11 (New Sec.20.04-Non-substantive Charter Corrections)
CRC 2011-01
2
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: 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 T V
.2-le votes, In the event of a tie vote for ma.2f_anO_Rrgsecutingg- attorney in
r shall be determined by a method of
chance as determined b
- i
-1 h-ec P u n tv c I'e r k
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 remaining atjg_
large council
-
office in the rjnmary election, the twG candidates receivinpr the same number of
votes shal Lp'wc r'he ;.
1 bi .1 -d r,,rj the ballot t-or the ggenlieral efect i on
.
In the event of a tie vote for the last remaininge at-larg7e council office 'in the
termined by a method of chance as
determined by the countv clerk."
Note: Charter material to be repealed is bracketed. New charter material is
underscored.
8/25/11: 1" Legal review received
9,129/11: Resubmit changes for legal review.
L-
1010/11: Legal review received
Draft: 8-24-11 (Sec.1.03—County Elections)
3
CRC 2011-07
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.
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
CRC 2011-09
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?
CRC 2011-09
Of'
COUNTY COUNCIL too, OFFICE OF THE COUNTY CLERK
Jay Furfaro, Chair
JoAnn A. Yukimura, Vice Chair
Peter A. Nakamura,County Clerk
Tim Bynum Eduardo Topenio., Jr., Deputy County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)241-4188
Nadine K. Nakamura 0 Fax (808)241-6349
Mel Rapozo Email cokcounciK�kauai.(-,ov
Council Services Division
4396 Rice Street, Suite 209
L-ihu'e, Kaua'i, Hawaii 96766
D
ou 2011
MEMORANDUM
October 6, 2011 130ARDS &COMMISSIONS
TO: Sherman Shiraishi, Kauai County Charter Review Commission
Chairperson
VIA: John Isobe, Boards and Commissions Administrator
FROM: Jay Furfaro, Council Chair
RE: Kaua`i Cou = ncil Comments Regarding Proposed Charter
Rau
a`1
Relating to Establishing a Department of Human
Resources
The Committee of the Whole, at its meeting on September 28, 2011 received
item C 2011-254 for the record, relating to a Proposed Charter Amendment Relating
to Establishing a Department of Human Resources. The Committee Report for this
agenda item has been attached for your reference.
The members of the Committee have requested a progress report and update
from the Human Resources Subcommittee at the Committee of the Whole Meeting
scheduled for November 9, 2011 before providing any further comments regarding
this proposed Charter Amendment. After hearing from this Subcommittee, we
intend to provide you with comments as requested in your letter dated
August 23, 2011.
Thank you for your patience in regards to this matter. Should you have any
questions, please feel free to call myself or Council Services Staff at 241-4188.
cc* Gary Heu, Managing Director
Attachment
Ss/Lc
D 2012-160
AN EQUAL OPPORTUNITY EMPLOYER CRC 2011-09 e
Report Of The COMMITTEE REPORT
NO, CR-COW 2011-2
COMMITTEE OF THE WHOLE Page I of 3
October 5, 2011
From the
COUNTY COUNCIL RE: C 2011-254
Llhu'e,Hawaii
TO: Honorable Jay Furfaro
• Mayor Chair, Kaua'i County Council
Civil Defense County of Kaua�
• County Attorney State of Hawaii
Economic Development I
Elderlv Affairs Dear Sir:
Finance Dept.
Fire Dept.
Housing Your Committee of the Whole, to which was referred C 2011-254. whicI
Information Technology is:
Liquor
Parks&Recreation
Personnel Services "Communication (08/23/2011) from the Chair of the Charter Review
Planning Dept. Commission, requesting (1) comments from the Council regarding a
PPolicrosecutor e Dept. proposal to amend Article XV of the Kauai County Charter, Relating to
Purchasing Establishing a Department of Human Resources, and (2) whether the
Real Property Div. Council endorses the transitioning of the existing Department of
Transportation Personnel Services to a more comprehensive and fully functional
Water Supply,Board of Human Resources Department, as outlined in the proposed amendment,
PUBLIC WORKS
County Engineer Charter Amendment: Article XV of the K'aua'i County Charter
Building Division Relating to Establishing a Department of Human Resources,"
Fiscal Section
Highways Division
Solid Waste begs leave to report as follows.-
The purpose of this communication is for the Committee of the Whole to
provide comments relating to the establishment of a Department of Human
Resources and the transition of the Department of Personnel Services to a
more fully functional Human Resources Department.
Mr- Malcolm Fernandez, Director of Personnel Services, and Mr. Gary
Heu, Managing Director, were present to address questions from the
Committee on behalf of the Administration.
Committee Chair Jay Furfaro stated that the City and County of
Honolulu provides a good structural example of a Human Resources
Department as it relates to employee continuity, training, and promotions. He
questioned Mr. Fernandez as to whether he had the opportunity review the
structure of the Human Resources Department within the City and. County of
Honolulu or any other municipality, Mr. Fernandez stated that he was not
prepared to answer questions regarding this item at the moment. Mr.
Fernandez noted that there is a subcommittee in place that is currently
reviewing the scope and responsibilities of a proposed Human Resources
Department within the County of Kaua'l and would have to defer any
questions to this subcommittee. Committee Chair Furfaro stated that he will,
be sending over a communication to this subcommittee requesting a progress
report.
Report Of The COMMITTEE R-EPORT
NO. CR-COW 2011
COMMITTEE OF THE WHOLE Page 2 of 3
From the Councilmember Mel Rapozo asked Mr. Heu whether the subcommittE
COUNTY COUNCIL tasked with reviewing the Human Resources issue was under the Dep art mer
Lihu'e, Hawaii of Finance, 'vlr. Heu responded that the Charter Review Commission created
TO: subcommittee of which the Risk Management Administrator was a part o
This could have been the reason why many have noted that the Committee to
X Mayor under the Department of Finance. Councilmember Rapozo asked whether th
Administration, Human Resources subcommittee, or otherwise had a chart o
Civil Defense structure of how the current Department of Personnel Services woul,
X County Attorney
Economic Development transition into a Human Resources Department. He also questioned if th
Elderly Affairs Administration had a grasp on how much more a Human Resource
Finance Dept. Department would cost the taxpayers. Councilmember Rapozo stated that cos
Fire Dept. is a critical aspect to consider, especially with what we experienced in creatini
Housing
Information Technology the Department of Parks and Recreation and the Office of the County Auditor
Liquor Councilmember Rapozo stated that he would like to request a chart of how th(
Parks&Recreation current Department of Personnel Services would transition into the Humar
Personnel Services
Planning Dept. Resources Department and how much funding would be needed to make thi,,
Police Dept. transition. Councilmember Rapozo noted that he would like this information
Prosecutor before providing comments as the Charter will not be able to address all of the
Purchasing
Real Property Div. speci fic details needed to establish the Human Resources Department.
Transportation
Water Supply, Board of Mr. Heu noted that many things were learned with the transition of the
PUBLIC WORKS Department of Parks and Recreation. There were resource issues and
County Engineer
Building Division separation of functions and duties that are until this day, still being worked
Fiscal Section out, Mr. Heu noted that the subcommittee could provide an update to the
Highways Division Council at a future date.
Solid Waste
Councilmember Rapozo noted that a transition to a Human Resources
Department would be more complex than the transition to a Department of
Parks and Recreation due to the imbedded Personnel Officers in each
Department, dealing with unions, training employees in various Departments
(Le, Fire and Police), etc. Councilmember Rapozo requested the subcommittee
provide an update on what the current structure is and what a future Human
Resources Department would look like. He asked if the intent is to keep all
Personnel Officers in each Department or what the plan would be for these
employees.
Lonnie Sykos, resident, noted that he believed the move towards the
creation of a Human Resources Department was occurring due to the recent
court settlement over Civil Rights violations. He stated that the County is
violating their employees, the public and all citizens by failing to have a legal
Human Resources Department. He further stated that the Administration
should be more open about the creation of the Human Resources Department.
Mr, Sykos also stated that the Risk Management Administrator and Human
Resources Officer should have authority that is completely free of political
interference.
Report Of The COMMITTEE REPORT
NO. CR-COW 2011-24
CONLENUTTEE OF THE WHOLE Page 3 of 3
Chair Furfaro restated that the Council is requesting that the Human
From the Resources subcommittee provide an update and that the update would be
COUNTY COUNCIL made public.
L-jhwe,HaNvai'i I
TO: Upon motion, duly made by Council ember Nakamura, seconded by
• Mayor Councilmember Kuali'i, and unanimously carried, your Committee of
the Whole recommends that C 2011-254 be received for the record.
Civil Defense
• County Attorney Respectfully submitted,
Economic Development
Elderly Affairs
Finance Dept,
Fire Dept.
Housing
Information Technology
Liquor
Parks&Recreation
Personnel Services
Planning Dept,
Police Dept,
Prosecutor
Purchasing
Real Property Div.
Transportation
Water Supply,Board of
PUBLIC WORKS
County Engineer
Building Division
Fiscal Section
Highways Division
Solid Waste
AI OPTED Jay Dickie Chang, ber'
Meeting Held On 10-5-201
Do ED tekie Chang, be
r`
etin Id On 10-j5-2011
Aye lVay
Bynum m
ynum X Mel Rapozo, Vice ::stair Kipu i Kuali'i, Member
C a g
hang X
ur
f faro X (EXCUSED)
Furfaro X
Kuali'i Tizn Bynum, Member Nadine K. Nakamura, MV tuber
X
Nakamura X
Rapozo X 4-
uLraLL�LX mura, ° mber
Yukint COUNTY COUNCIL nn A. Yuki
,TOTAL 1 6 ,1 0 1 1 County of Kaua'i
Lihu'e, Kauall, Hawal"i
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.
$123/11-referred to legal for review
8/31/11-legal review completed with recommendations from Attorney
CRC 2011-11
2011 /2012 Tracking of Proposed Amendments
Charter Proposed Amendment Legal Review 2" Commission Future Action
Section Review
Sent Red
CRC 2011-01 Correcting non-substantive language to Deferred t o 10/24/l l for-
§24.04 (new) Charter comments from
AAoT /Count Clerk
CRk7-M4--02 Percent of registered voter signatures 4/26/11 5/2/11 Trace January 2012 for
on petition to propose amendments ballot question & further
review
CRC 2011-05 Clarify wording of I"sentence of
j§24.01 B S2_4.01 B
N/A N/A N/A N/A
CRC 2011-04 13erc.ent of registered voter signatures 4/26/11 5/2/11 Trace January 2012 for
§22.03 C for initiative and referendum petition ballot question & further
review
CRC 2011-06 Establish a permanent Charter Review Deferred to 2013
§24.03 Commission (comments red from
-------- ___,_______,_, Admin & Council)
CRC 2011-07 Clarification relating to the election of 5/25/11 6/9/11 9/26/11 - 2" referral to
§1.03 County Officers Attny for legal review;
8/25/11 8/25/11 Response received
9/29/11 10/11/11 10/11/11
CRC 2011-08 Relating to salaries of County Officers
§23.01, §7.03 Approved as amended;
& §29.00 pending ballot question
CRC 2011-09 Establishing a Department of Human 6/28/11 Deferred 10/24/11;
§XV Resources via CCC awaiting response from
Council. Response
received frorn Council
Charter/Tracking of Proposed Amendments-2011/2012(updated 10/12/11)
CRC 2011-13
2011 /2012 Tracking of Proposed Amendments
N/A N/A V Received for the record;
filed; No further Action
N/A N/A
No further action Wry w
CRC 2011-1 1 Term limits for board and commission 8/23/11 8/31/11 Defer to 10/24/11; provide—
§23.02 11 members clarifying language
regarding service (8/22/11
-.Appr�jyed as amended
CRC 2011-12 Review for proposed changes to the 9424"-equest
Article XX Code of Ethics on tmeri"*mi44_)h*cd
20.03 ---Contracts($1,000) 9/26 –defer until
requejd as arc rida item
20.02 D–Appear in behalf of private 9/26–defer to 1/12;
interests develop appropriate
lanuage
20.03 A ®-Contracts Clarify definition of
"competitive bidding"
9/26–defer to 1/]2
20.04 D–Disclosure Section Repeat or move language
into new section to avoid
luniting Council authority
to Disclosures only
9/26--deter to 1/12
Denotes possible ballot question; review and prioritize
Charter/Tracking of Proposed Amendments-2011/2012(updated 10/12/11)
CRC 2011-13
Barbara Davis
To: Sherman Shinykshi
Subject: FVV: PrupaedAgenda Item for Oct, Meeting
From: Talk Story -The Bookstore[mai�l
Sent: Sunday, October 09, 2011 7:49 PM
To: sle[Dlshi1f JohnI6obe; Barbara Davis
Subject: ProoeyjAgenda Item for Oct. Meeting
Aloha Chair,
I am requesting that the following proposal for this charter amendment be put on to the October meeting:
Artic|eXIX; Section 19.20; "Disposition of Surplus Property"
Suggested Change (located in last sentence of first paragraph--change marked in bold):
"Advertised auctions shall be published on two non-consecutive days in a daily newspaper of general circulation in the
County ofKaua'| and on the County's website, and the proceeds shall be a realization of the general fund unless required
otherwise by statute, ordinance, rule, grant, or gift."
Please let nne know ifI have presented this suggested amendment to you in the proper way. Also, please let nneknow
that you received this communication.
Thank you for your consideration.
Aloha,
Ed Justus
��K��� ���V ���^�
^~==^� ^~`^�^ "-"
1
ARTICLE XXX
FINANCIAL PROCEDURES
Section 19. 20 . Disposition of Surplus Proner-'C_Y.
Surplus property means any property that no longer has any
use to the agency or department that has custody of the item.
A11 departments, offices or agencies having materials,
supplies or equipment which are not useful to them, shall
return custody of the item to the director of finance, who
shall, from time to time and at least annually, circulate a
list of surplus 4items to the various departments and agencies
of the county or other governmental agencies for
redistribution and use. if the surplus property is found to
be unusable for public purposes, the director of finance
shall, after fixing a minimum price for the property, provide
for the sale by sealed bid with or without advertising, to
the highest bidder for not 'Less than the minimum price
established by the director of finance. Adv-ertis'e'd auctions
shall -be published 6h n-
two '- on-consecutive days in a daily
newspaper of general circulation in the County of Kaua' i or
the County's website, and the proceeds shall be a realization
of the general fund unless required otherwise by statute,
ordinance, rule, grant, or gift.
Surplus -property determined to be of no use to any county
agency, may be used for bid purposes, as a trade-in for
credit to be applied to the final purchase price of the
procurement solicitation.
Surplus property determined to be hazardous or that may
potentially pose a danger to the public may be disposed of at
I j
the direction of the director of Finance. 'Lrhe means by which
s Jd
aL items are to be disposed of shall be determined solely
by the director of finance or de S4-Lcfnee, provided such means
are legal and app"r"opriate for the specific item.
Surplus property having~, lit-tie or no monetary or salvage
value as determined and certified by the .director of finance
4
or designee, and further det-er M_Lned to be impractical to be
offered by auction, may be legally disposed of. (Am ended
1J//
OFFICE OF THE PROSECUTING ATTORNEY
COUNTY OF KAUA1, STATE OF HAWAH
3990 KAANA STREET, SUITE 214, LTHU'E, HI 96766
TEL: (808)241-1888 FAX: (808)241-17558
prosecutor-gkauai,gov
tT dw
0 Shaylene Iseri-Carvalho
Prosecuting Attorney
Jake Delaplane Sam Jajich
First Deputy Prosecuting Attorney Second Deputy Prosecuting Attorney
October 12, 2011
TO: Charter Review Commission, Chair Sherman Shiraishi
FR: Prosecuting Attorney Shaylene Iseri-Carvalho
RE: Proposed Charter Amendments Relating to the Office of the Prosecuting Attorney
The Office of the Prosecuting Attorney requests an agenda item for the October 26,
2011 Charter Review Commission meeting relating to proposed amendments to the
Charter as it relates to the Office of the Prosecuting Attorney.
1. Proposed Revisions to the Powers. Duties,and Functions of the OPA
Under the current Charter, the powers, duties, and functions of the Office of the
Prosecuting Attorney (OPA) are not delineated in a way that clearly and accurately reflects
the operations of the OPA. In order to clarify the Charter and bring it into parity with the
well-established practices of the OPA,we are proposing the following amendments to the
section IXA of the Charter: (revisions italicized)
Section 9A.03. Powers, Duties and Functions.
(l)The prosecuting attorney shall:
A.Attend all courts in the county and conduct on behalf of the people all
prosecutions therein for offenses against the laws of the State and the ordinances
and regulations of the county.
B. Prosecute offenses against the laws of the State under the authority of the
Attorney General of the State.
C.Appear in every criminal case where there is a change of venue from the courts in
the county and prosecute the same in any jurisdiction to which the same is changed
or removed. The expense of such proceeding shall be paid by the county.
CRC 2011-15
Deputy Prosecuting Attorneys:
Lisa R,Arm Tracy Murakanu
Jared Anna Lance Kobashigawa John H.Murphy
Wendel D,Crutchfield Melinda K,Mendes Rebecca A.Vogt
"An Equal Opportunity Employer"
D. Institute proceedings, or direct the chief of police to do so, before the district
judge for the arrest of persons charged with or reasonably suspected of public
offenses,when he has information that any such offenses have been committed, and
for that purpose take charge of criminal cases before the district judge, either in
person or by a deputy or by such other prosecuting officer as he shall designate.
E. Draw all indictments and attend before and give advice to the grand jury whenever cases
are presented to it for its consideration. Nothing herein contained shall prevent the conduct of
proceedings by private counsel before all courts of the State under the direction on the
prosecuting attorney. (Amended 1972)
I.,
2. The prosecuting attorney may.
A. Research, evaluate, and make recommendations regarding crime, crime
prevention, and the criminal justice system to thegovernor, the legislature, the
judiciary, the council, the mayor, the Kauai Police department and other criminal
justice agencies, or the general public, as the prosecuting attorney deems
appropriate.
B. Provide crime awareness and prevention programs for law enforcement agencies,
citizens, businesses, and civic groups.
C Develop public education programs through various broadcast or print media, to
provide the general public information that will assist citizens in developing the
knowledge and confidence to prevent crime and to avoid being victims of crime.
D. Receive and expend financial grants, donations and other funds as permitted by the
provisions of the revised charter, county ordinances and applicable city,state, and
federal financial and budget policies for crime research,prevention, and education.
This amendment tracks the language adopted by the City and County of Honolulu in
2010 after several years of careful evaluation and assessment of the proper role of the
Prosecuting Attorney's Office. This role encompasses not only the in-court representation
of the State and County in criminal prosecutions, but also an enduring commitment to the
community to educate citizens on crime prevention strategies as well as actively advocate
for victims' rights. As many of you are aware, the Office of the Prosecuting Attorney has
had a long history of working not only with law enforcement agencies,but with non-profit
and civic groups like the YWCA, Hale Opio, the Visitor Aloha Society of Kaua'i, Crime Victim
Compensation Commission,and Children's justice Center to fulfill these well-established
functions. However, the current charter language does not specifically address the powers
of the OPA as it relates to these important working relationships. Thus,the above language
is needed to bring the Charter into parity with the proper role and function of the OPA.
2. Proposed Revisions to,other Sections of the Chartgr.as it relates to the,autonom
and hierarchical structure of the OPA within We framework of the County
Government
The Charter also contains multiple provisions under Article XIX that seem to require
the Prosecuting Attorney, as a department head, to submit her budget to the Mayor for
approval before being sent to the Council for consideration and adoption. This structure is
illogical, duplicates efforts,and creates the unusual situation in which one elected official
(the Mayor) has direct control over the budget of another elected official (the Prosecuting
Attorney).
The Mayor is typically not,and is not required to be, an attorney or law enforcement
official and has no training or background in the criminal justice process. Thus, the
decisions as to whether certain budget items or expenditures relating to the specialized
functions of the OPA are appropriate should not rest wholly or in part with the Mayor.
Rather,these questions should be submitted directly to the County Council, a body of
elected officials with clearly delineated and specified powers to research, solicit testimonial
evidence,and evaluate these types of specialized budget requests.
Currently, the OPA engages in both types of budget submittals, one to the Mayor's
Office pursuant to Article XIX Section 19.02 B of the Charter,and another to the County
Council through submitting testimony during the public hearing process pursuant to
Section 19.07A of the Charter. This process is not only duplicative, but extremely time
consuming. Since the Mayor's review often takes place in February of each year, the OPA
typically begins preparing its budget proposal in January. After the Mayor's review, the
OPA makes any appropriate changes or revisions in order to present to the Council during
their review process,which usually occurs during April. Since the Council doesn't vote on
the Budget until May, this means that the budget preparation process for the OPA stretches
out over a 5 month period. This process should be streamlined by allowing the OPA to
submit its budget directly to council rather than going through the Office of the Mayor.
For these reasons,the OPA respectfully requests appropriate revisions and
amendments to Article XIX of the Charter to eliminate the OPA's required budget submittal
to the Mayor and allow for direct submittal to the Council for consideration and adoption.
The OPA will submit proposed language for discussion at the October 26, 2011 meeting in a
separate attachment.
Mahalo,
Shaylene Iseri-Carvalho
Prosecuting Attorney
ARTICLE IXA
PROSECUTING ATTORNEY
Section 9A. 03 . Powers, Duties and Functions . The prosecuting
attorney shall:
A. Attend all. courts 4 in the county and conduct on behalf of
the people all prosecutions there 4
in for offenses against the laws
of the State and the ordinances and regulations of the county.
B. Prosecute offenses against the laws of the State under the
authority of "the Attorney General of the State.
C. Appear in every criminal case where there is a change of
venue from the courts in the county and prosecute the same in any
jurisdiction to which the same is changed or removed. The expense
of such proceeding shall be paid by the county.
D. Institute proceedings, or direct the chief of police to do
so, before the district judge for the arrest of persons charged
with or reasonably suspected of public offenses, when he has
information that any such offenses have been committed, and for
that purpose take charge of criminal cases before the district
judge, either in person or by a deputy or by such other
prosecuting officer as he shall designate.
E. Draw all indictments and attend before and give advice to
the grand jury whenever cases are presented to it for its
consideration. Nothing herein contained shall prevent the conduct
of proceedings by private counsel before all courts of the State
under the direct-ion on the prosecuting attorney. (Amended 19721
1- 1