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HomeMy WebLinkAbout2011_1128_CharterAgendaPacket Sherman Shiraishi Members: Chair Mary Lou Barela Joel Gov Patrick Stack Carol Suzawa Vice Chair Jan TenBruggencate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, November 28, 2011 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2AfB 4444 Rice Street, Llhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of October 24, 2011 BUSINESS CRC_')0 11-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources. (Deferred to 11128/11 meeting pending response from the County Council) 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. (Deferred to 11/28/11 meeting) c. Confidential opinion dated 11/18/111 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 §23.02 H CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot(ongoing review) CRC 2011-16 Proposed amendment from Commissioner Justus revising Article X11, Section 7.01. Terms of office for Mayor, limiting the term to two full terms or a total of ten years if served the remainder of a previous mavor's term CRC 2011-17 Proposed amendment from Commissioner Justus revising Article 111, County Council, Sections 3.02 Composition, Section 3.03 Terms, and Section 3.04 Qualifications relating to Partial Districting CRC 2011-18 Election of Chair and Vice-chair for 2012 CRC 2011-19 Charter Review Commission Meeting Schedule for 2012 An Equal Opportunity=Einployer ANNOUNCEMENTS Next Meeting: Monday, January 24, 2012 at 4:00 pin 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 HR S §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 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 LThu4e, HI 96766 E-mail:bdavis('Z kauai.010*17 Phone: (808)241-4919 Fax: (SOS) 241-5127 Charter Review Commission—November 28, 2011 2 i a e 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—November 28, 2011 3 j P COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I October 24, 2011 Location Moikeha Building, Meeting Room 2A/213 Start of Meeting: 4:02 pm 7 End of Meeting: 5:22 pm Present Chair Sherman Shiraishi; Vice-Chair Patrick Stack. Members: Mary Lou Barela; Joel Guy; Ed Justus; Carol Suzawa; Jan 'VenBruggencate (4:35 pin­5:22 pni) Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator John Isobe; Administrative Aide Paula Morikatni; First Deputy Prosecuting Attorney Jake Delaplane; Lonnie Sykos Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 4:02 r ------ _p.rn. with 6 Cornmissione sell Approval of Open Session Minutes of September 26, 2011 Ms. Barela moved to approve the minutes as Minutes circulated. Ms. Suzawa seconded the motion. Motion carried 6:0 -— ---_®_ Business QRC 201 4.04, Kquaj revisions (Deferred to 10/24/t I meeting") c. Discussion and possible decision-makinota how the Commission can best achieve a review of the Charter for recommendations to correct non- substantive items as they rel�tc tc�rammar, spelling and formatting errors in the Charter and whether to consider budgetiml, for an outside editor. (on ng) gQL Lonnie Sykos: It would be inappropriate to put this charter amendment up for vote and then later do the amendment. The voters need to be presented with the legal language of the changes. Charter Review Commission Open Session October 24, 2011 Page 2 SUBJECT DISCUSSION AurJON Chair Shiraisbi advised Mr. Sykes that the Commission had discussed at prior meetings whether to hire an independent contractor to make the recommended changes rather than refer the work to the County Attorney's Office or the County Clerk's Office. Ms. Barela moved to defer this item to February to accommodate the change with appointing a new County Clerk. Mr. Justus seconded the motion. Motion carp ied 6:0 CRC 2 Kauai County Charte ed to 10/24/11 meetin 11 d. Confidential opinion dated 10/10/11 from Depute County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of rI�pps,ed charter amendment to Kauai County Chatter X1.03. Mr. Justus moved to release the confidential County Attorney's opinion to the public. Ms. Barela seconded the motion. Motion carried 6:0 Mr. Justus moved to include Section 1.03 on the General Election ballot. Ms. Suzawa seconded the motion. Motion carried 6:0 CRC 2011-09 Proposed amendment revising,Article XV of the Kauai nt of Human Resources (Deferred to 10/24/11 meeting) e. Communication dated 10/6/11 from the Kauai County Council to the Chatter Review Corninission responding to the request for comments ret larding A-proposed Charter Amendment relating to the establishing a Denattment of Human Resources. Charter Review Commissiou, Open Session October 24, 2011 Page 3 SUBJECT DISCUSSION ACTION Chair Shiraishi noted that the County Council had responded to the Commission's request for comments on establishing a Department of human Resources but indicated they would like to refer this issue to a sub- committee of the Council which would meet in November. Chair Shiraishi suggested deferring this matter until the Council submits their recommendations to the Commission. Mr. Justus moved to defer the issue to the Lonnie S- November meeting. Ms. Barcla seconded the Sykos: It is not possible for this County to operate legally unless motion. the Human Resources, Loss Prevention and the public Auditor are enabled to flinction independent of any political influence. The process for making the change to in HR Department has to become more transparent because a legal HR fianction cannot be created without an understanding of what it is supposed to accomplish. Simply putting an HR system in place does not resolve the civil nights issues. Chair Shiraishi explained to Mr. Sykos that those issues had been brought up at prior meetings, Chair Shiraishi invited Mr. Sykos to review the proposed amendment and offer his suggestions to the Commission. Ms. Suzawa questioned the statement included in the communication from the Committee of the Whole that indicated that the Charter Review Commission had created a subcommittee which included the Risk Management Administrator. Mr. Isobe noted that was an incorrect statement. Mr. Justus asked what department or area in the County was the Human Resources subcommittee attached to. Chair Shiraishi said those cucstions_should not be directed to this Charter Review Commission Open Session October 24, 2011 Page 4 SUBJECT DISCUSSION ACTION Commission but rather to Council because he was not aware where the Council got their information. Mr. Isobe said part of the Cost Control Commission's recommendation was for the Administration to also create a subcommittee to look at the various personnel functions currently being conducted by the individual departments, with the intent of seeing whether or not some of those functions could be consolidated under a Human Resources Departinent. He thought the Council's committee report was referencing that subcommittee who would ultimately make a recommendation to the Mayor on what ,functions are performed in each of the independent departments and what onions could be consolidated into a single Human Resources function. Motion carried 6:0 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. (Deferred to 10/24111 meeting,) Chair Shiraishi proposed language to clarify the question of whether an individual would be eligible to serve on two different boards or commissions at the same time and the language he drafted made it a prohibition, in addition to other suggested changes to section 23.02 H. Mr. Justus moved to accept the proposed changes and submit them to the County Attorney's Office for legal Mr. Isobe suggested clarifying the statement"that no person shall be review. Ms. Barcla seconded the niotion. eligible to serve two different boards or commissions at the same time" by inserting"to serve on two different County boards or commissions" to differentiate from serving on a State and a County board simultaneously. Chair Shiraishi explained that was why he inserted the word "County"on the first line with the intent that it carry over to all subsequent mentions. If the worcfinwas arn guous, Chair Shiraishi said they could insert Charter Review (",,ommission Open Session October 24, 2011 Page 5 SUBJECT DISCUSSION ACTION "County"before dit, rent and boards. -k Ms. Barela agreed they should insert the word"County". Another suggestion was to add the word "Kaua'i"prior to "County"; Deputy Attorney Winn explained that currently in the charter(§1.01), "County" is defined as County of Kauai. Lonnie Sykos: Would there be a conflict of interest if an elected State official sat on a County board or commission? Appointed officials, hired officials and employees have vested interests that are different from those of the general public. The Commission should reconsider whether sitting on a State board or commission creates an in conflict of interest. Motion carried 6:0 CRC 2011-13 Review and prioritize proposed amendments for considerationrf lacerrrent c>n the 2012 ballet on xain review Mr. Justus moved to defer this review to the January meeting. Mr. TenBrUggencate entered the meeting at 4:35 p.m. with apologies to the Commission. Ms. Barela seconded the motion. Motion carried 7:0 CRC 2011-14 E-mail dated 10/09/11 from Ed Justus rqluesiinizeview of Article?(I Section 19.20, Disposition of Sg-q,)Ius Propea Chair Shiraishi described surplus property as being of no value to the County and the Charter currently provided for advertising auctions in a daily newspaper of general circulation or the County's website. Mr. Justus had suggested that instead of giving the choice of"or"it be changed to include both by changing the word to "and". For background, Chair Shiraishi explained that this same issue had been discussed a few vears Chat-ter Review Commission Open Session October 24, 2011 Page 6 SUBJECT DISCUSSION ACTION ago. The Commission decided at that time that the County should not-have to spend unnecessary funds to do a newspaper publication for items that might be so insignificant; it should be optional for the Department of Finance to determine how they publicize the disposal of items, Mr. Stack asked what the State's procedures were, noting that the County should not have more stringent requirements than what the State entertains, Chair Shiraishi pointed out that §19.20 does provide for the Director of Finance to dispose of unusable property with or without advertising. Mr. TenBruggencate thought that other parts of this provision might need to be changed because it promoted a newspaper of general circulation at a time when there was only one. There are several other types of publications that are not provided for in this provision because they are weekly publications but they might have a wider readership because they are delivered to all homes. Mr. TenBruggencate also suggested they ask the Finance Department if there was other language that would make their job more efficient and more appropriate for the support of these ends. Chair Shiraishi said input was provided by the Finance Department(prior to being placed on the 2010 ballot). Mr. Justus felt that whether it was of high value or little value, if the auction was going to be advertised it should be in a way for the public to have the greatest ability to access the knowledge that there would be an auction. Mr. Justus moved to remove"or" and replace it with "and on" in §§'19.20. Motion failed for lack Lonnie Syk-os: The Commission needs to review the entire Section 19.20 of a second. because it is a basic civil riissue involvingi,who owns public pr Charter Review Commission Open Session October 24, 2011 Page 7 SUBJECT DISCUSSION ACTION The language needs to be tightened up in this section to get the greatest' economical benefit out of what is di w CRC 2011-'15 Letter dated 10/12/11 from Shaylene Iseri-Carvalho, Amendments to Article IXA,Section 9A.03 Prosecuting AttL)Lney Chair Shiraishi agreed with Ms. Barela that this item should be deferred to seek input from the Administration because it changes some of the budget procedures. Mr. TenBruggencate suggested the Commission also seek input fi-om the Police Department,the County Council, and the Administration because this would affect some of their activities. Jake Delaplane: There are two parts to this request. The first part deals with powers, duties and functions under section 9A. Strict interpretation of the Charter appears that the Office of the Prosecuting Attorney(OPA)could only draw up indictments,go to court and represent the State in court and prosecute crimes in court. It does not envision some of the things being done under the various grants in working with prevention groups. Similar to an amendment to the City and County of Honolulu charter, the language proposed by the Office of the Prosecuting Attorney is reflected in Subsection 2 (page 2 of the communication from OPA). These recommendations take something that is already being done and gives it clearer support in the Charter. The Office of the Prosecuting Attorney is typically the funnel for every law enforcement agency that works on the island including KPD, Department of Land and Natural Resources,the Parks Department and any agency that issues citations. They all go through OPA to get the cases into the criminal justice system. It is important for OPA to be involved in that process for prevention because the more crimes that can be prevented the better,as it would save public fun Charter Review Commission Open Session October 24, 2011 Page 8 SUBJECT DISCUSSION ACTION and reduce the caseloads. The Charter does not envision how to use grant monies nor does it envision prevention programs. Mr.TenBruggencate commended the Office and those involved for doing this but questioned whether it was needed-, does it solve a problem that OPA has identified. Mr. TenBruggencate asked if OPA had been criticized or had run into difficulties in getting grants or running some of the programs because they did not have that kind of statutory authority. Mr. Delaplane said they had not been criticized for it from the grantors. Chair Shiraishi said the concern of Mr. TenBruggencate, as well as his, was did the current language prevent OPA from doing those additional projects because if they were doing it and no one was stopping them and it was within the general purview of the Prosecuting Attorney's Office,why include this? If the Commission should include this proposal, would this be justification for the Prosecuting Attorney's Office to ask for an increase in the budget. Mr. Delaplane said the purpose of this proposal was not budgetary other than in the sense to preserve the grant funding or problems that could be encountered in the future with expending the grant money. Because the City and County of Honolulu was sued for reportedly going above and beyond what the charter allowed,OPA wanted to make sure it was on firm footing as far as our Charter goes. Mr. Justus asked if OPA felt it would be able to access grants more easily rather than through prosecution. Mr. Delaplane said he did and felt it would give more leeway on the types of ants they would apply for. A lot of grants offered are focused on _p Charter Review Commission Open Session October 24, 20l Page 9 SUBJECT DISCUSSION ACTION prevention which would entail incorporating prevention into the prosecution strategy but these changes would open the Office up to be more clearly eligible for more grant funding, Chair Shiraishi asked if any grant provider had asked for a copy of the Kauai Charter. Mr. Delaplane said no. Chair Shiraishi asked if the current Charter language prevented OPA from applying for any and all grants their Office felt were appropriate. Mr. Delaplane said it definitely had not prevented them from applying. They were looking to stay ahead of the game by not opening the County up to any type of liability where there would be a question as to whatever grant the Office was taking fit within that prosecution standard in the Charter. Mr, Delaplane said the second part involved the budget process and in looking at the separation of powers in government and how the different budget processes work,with what was being proposed, made sense. What you have in the relationship between the Mayor's Office and the Office of the Prosecuting Attorney, right now under the Charter, seems to be a direct reporting relationship. The Prosecuting Attorney,who is an elected official, has to submit its budget directly to another elected official,not a plurality or a body of elected officials such as the Council. OPA is the only office in the County that has that peculiar problem; all other department heads are appointed. OPA has to submit its budget to the Mayor for approval in addition to testifying arid providing justification on each of the line items in the budget before Council. Pail of the problem is the budget has to be app (.�ved b)y another elected official in which,essentially,they coIuldatterapt Charter Review Conimission Open Session October 24, 2011 Page 10 SUBJECT DISCUSSION ACTION to budget you out of effective operation. It is not typical in county government where one elected official reports directly to another elected official with budget items. What OPA is trying to eliminate is the requirement that our budget be submitted to the Mayor before it goes to the Council; it is counter-productive and turns the budget process into a 5 month process for our Office. Mr. Delaplane said the second part is the process that all items that need approval have to go through the Mayor's Office. With an extradition process, travel requests have to be submitted to the Mayor's Office for signature before the arrangements can be made for the flight. This is just an extra step to the process which can create a fatal delay depending on the policies of the state from which the extradition is being done. Mr. Stack asked if any Mayor had ever denied OPA's budgetary requests. Mr. Delaplane responded yes. It was decided that some of the line items were not needed in OPA's first budgetary submittal to the Mayor and it was denied last year. The process is duplicative;OPA makes ajustification to the Mayor and the Mayor does whatever the Mayor is going to do. The Mayor has the duty to go through the budget as a whole and submit a budget he thinks is fair to the Council. The Prosecuting Attorney is an elected official accountable to the people and the appropriate body to submit ajustification directly to would be the County Council rather than the Mayor's Office. Mr. Stack stated that the County Council and the Mayor were both elected. Mr. Delaplane said the County Council is a body of elected officials rather than one elected official. The budget process has the potential to pit two elected ,one-c>n-oneainst ne-on-one, each other whereas the Council is a bod Charter Review Commission Open Session October 24, 2011 Page I I SUBJECT DISCUSSION ACTION of elected officials and not any one Councilperson is solely against the Office of the Prosecuting Attorney. Mr. Stack asked if OPA could provide a historical perspective of their budgetary requests and needs to the Commission. Mr. Delaplane said that would not be a problem. This request is not about doubling up the budget. It is about clarification of the powers and duties and clearing up the situation where one elected official is pitted directly against the other by way of the Charter. Ms. Suzawa asked if there was history where the Council had restored any budget cuts. Mr. Delaplane said yes but to be more specific he would need to speak with Ms. Iseri-Carvalho. Overall, it's that the process takes 5 months, Mr. TenBruggencate said the Council and the Administrative budgetary processes operate on different calendars. Mr. TenBruggencate said they had to have a discussion regarding one of the key issues; is this the kind of decision they want this government to undertake and does the Prosecuting Attorney stand at some level as equal to the Mayor or is the Prosecuting Attorney a department head within an Administration that is headed by the Mayor. Mr.TenBruggencate said he wanted to hear the thoughts on this from both the Administration and the Council. It would make sense to make a change from a budgetary standpoint and would like to know if the Commission had the power to convey that power onto someone other than a Chief Executive. Mr. Del lane said be would submit a communication regarding the Charter Review Commission Open Session October 24, 2011 Page 12 SUBJECT DISCUSSION ACTION budgetary process so it could be placed on the Commission's agenda. Chair Shiraishi asked the Commission to break the Prosecuting Attorney's request into two parts: one that expands the Prosecutor's authority and the second to address the budgetary concerns. Chair Shiraishi asked the Commission to defer both matters pending comments and recommendations froin the Mayor, the Council, the Police Department and any other affected agency. Mr. Justus moved to bifurcate both issues contained in CRC 2011-15 and defer the item pending receipt of comments. Ms. Barela Lonnie Sykos: The Commission should hire an independent civil rights seconded the motion. counsel who understands civil rights because these are the issues they are dealing with. The County Attorney has not demonstrated knowledge of current civil rights practices in that they have allowed the County, through omission or commission, to reach the point where we have another County department in which the current language in the Charter reflects a world that no longer exists. If the Mayor can control the Prosecutor's Office through finances, it violates all of our civil rights. Prosecutors are independent of political control. Do we need to redefine the Prosecutor's Office to reflect its modern function? Mr. Sykos offered support of the bifurcated issues. Motion carried 70 Announcements Next Meeting: Monday,November 28,2011,4:00 p.m.,Mo'ikeha Building, Meetun,), Room 2A1B A(tiournment Mr. Justus moved to adjourn the meeting at 5:22 p.m. Ms. Barcla seconded the motion. Motion carried 7:0 ------ Charter Review Commission Open Session October 24, 2011 Page 13 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Sherman Shiraishi, Chair Approved as is. Approved with amendments. See minutes of--_-_,__meeting. Proposing A 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 Manor. 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, emploVment, 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? 6128/11: Legal review by County Attomey's Office;confidentiality waived on the communication by the Cost Control Commission, %13111:proposed amendment by Cost Control Commission 712511"11: as amended by Charter Review Commission Proposing A Charter Amendment to Section 23.02 (H) Relating to County Board and Commission Member Terms. Findings and Purpose. The Commission finds that County board and commission members are prohibited from serving more than two consecutive terms on the same or different board or commission unless they take a one year break from serving. This restriction discourages qualified individuals from continuing to volunteer and use their acquired experience and knowledge in other areas of interest that may be beneficial to the County. The purpose of this amendment is to allow a County board or commission member to continue serving on a different board or commission without the need to take a one year break in service. Charter Amendment. Section 23.02 H of the Kaua'i County Charter is amended to read as follows: ARTICLE XXIII GENERAL PROVISIONS Section 23.02 Boards and Commissions. H. No member of any County 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]. No person shall be eligible to serve on two different County boards or commissions at the same time. After the expiration of two consecutive terms on a board or commission, a member [no person] shall not 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. Note. Charter material to be repealed is bracketed. New charter material is underscored. 10/16"11 -Review for legality and compliance by County Attorney Office I U10,11 I -Review received from County Attorney CRC 2011-11 2011 /2012 Tracking of Proposed Amendments ' ari-er Proposed Amendment Legal Review Co 1 ni—Mi s 0-11— -F-'o-t u--i c-A--c t i-o t-i I�a ---- Section Review - Sent Red C-o,-rr-e--c-t-i-n-,-g-"n-o-ii--s-ub-s-ta-n,t-iv-e-la-nguageto 3/1/11 3/7/11 Deferred to 02/12 for §24-04 (new) Charter comments from !Count Clerk C4W--,-2k)4-l4P- Percent of registered voter signatures 4/26/11 5!2/11 Trace January 2012 for f2444-1-44 on petition to propose amendments ballot question& ftirther review CRC 2011-05 Clarify wording of I" sentence of . 24.01 §24.01 13 N/A N/A N/A N/A CRC 2011-04 Percent of registered voter signatures 4/26/11 5/2/11 ]'race January 2012 for §2103 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 rcd from &Council) -CRC -07 Clarification relating to the election of 5/25/11 6/9/11 ']'race for mid 2012 for §1.03 County Officers ballot question & further 8/25/11 8/25/11 review 9/29/11 10/11/11 CRC C20fil 08 e�ati ng to salaries of County Officers Approved as amended; §2101, §7.03 & §29.00 pending ballot question CRC 2011-09 Establishing a Department of Human §XV Resources 6128/11 Deferred 11/28/11; via CCC awaiting further response from Council sub- committee, N/A Received for the record; 04 Charter/Tracking of'ProposedAnien(imeriLs-2oil/2012(updated 11/17/11) CRC 2011-13 2011 /2012 Tracking of Proposed Amendments filed; No further Action n r , — _. _ _ NfA N/A No. further action IBC 2011-11 `T`enri limits for board and commission 8/31-1 8/31,111 Deter to 11/28/11; Review §23.02 14 members 1e1dnnt 10/16/11 o o f County Attorney's Revisions toJpo ed 1 CC 0 Revrew for proposed changes to the 84-2141--Request Article XX,X Code of Ethics corn111t�; 1C 20,03 --Contracts ($1,000) 9/26--defer until 1'eSuested as anda item X02 D-Appear in behalf of private 9/26---deter to 1/12; interests develop appropriate 20.03 A?-R- Contracts tl Clarify definition of "competitive bidding" 9/26---defer to 1/12 20.04 D- Disclosure Section Repeat or move language into new section to avoid limiting Council authority to Disclosures only 9/26 :defer to 1/12 Perty 4 r,i 1 e .-1 F` 1 1`-o _ser:-o11d CRC 2011-15 §9A.03 Prosecuting Attorney 13&C awaiting proposed Article IXA Change statutory authority for budget language from OPA; then review process forward to Mayor, Council KPD, etc., for comments §9A.03 Prosecuting Attorney-- 13&C awaiting proposed Expand Prosecutor's authority language from OPA; then forward to Mayor, fist•_ _. Charter/Tracking of proposed Amendments-2011/2012(updated 11/17/11) CRC 201.1-1.3 2011 /2012 Tracking of Proposed Amenchnents )i tu�es Denotes possible ballot question; review and prioritize Charter/Tracking of Proposed Amendments-2011/2012(updated 1.1/17/11) CRC 2011-13 Terms of Office for Mayor "Section 7.01. Election and Terms of Office.The electors of the county shall elect a mayor whose term of office shall be four years beginning at twelve o'clock meridian on the first working day o[December following his or her election. 0o person shall serve as mayor for more than two /consecudvelfull terms, or a total of ten years if he or she has served the remainder of a previous mayor's term due to special election.The four year term for mayor shall apply commencing with the 1990 General Election. (Amended 19DO, 1B84, l988) (Deleted material/s bracketed, new material isunderlinec8 Ballot Question: 1) Shall the term of office for Mayor be limited to no more than two full terms, or a total of ten years if heor she has served the remainder ofa previous mayor's term? o/zV/zz-proposed amendment uv Commissioner suJustus CRC 2011-16 Coon Council-Partial District (Four District/Three At-La I -Section 31,02. CgMtposiuon. There shall be a council of sever, members fete'cted at-large.]. Three members shall be elected at-large by all roistered voters in the counry. teach of the other four Members shall reside in and shall be elected from separate counc i I district by Iggisterec voters residing in that se ante council district. Section 3.03 Terms, The terms of office of councilmembers shall be[for two years]two years for district seats and four years for at-large seats beginning at twelve o'clock meridan on the first working day in December following their election. No person shall be elected to the office of councilmember for more than [four consecutive two year terms]a total of eight years, Section 3.04. QuLalifcations. A, To be eligible for the council, a person must be a citizen of the United States and must have been a duly qualified [elector] Ec2istered -voter of the county for at least t-wo years immediately preceding his or her flhtna cand da v oaoers for election [or appointment], In ad itio those candidates for the council who wish to represent one of the four cguncill districts must state which distnLct they- wish to represent and that they have been a roistered voter of that dish iCt for the recdin ninety days. Should a councilmember move from LoLLbe removed from any of the seven council positions from which that vgLson was elected any�rglace�mcnt ti uinte�emust meet all B Any [councilman] councilmember who removes his or her residence from the county-or district from which elected,or is convicted of a felony, shall immediately forfeit his or her office. - _iectitjn jlj 9. District Election and Reapoointment. A The firsLjeIlection Env se crate council districts_shall be in the prit-varv,c!"tion of 2014. The year 2021 and every tenth year thereafter shall be Le�, onrtt�oryngnt�,,cars-, L-, An initigi council apportionment commission shall be constituted on or before the first days of, ril,2013. Acouncij reap4LOrnonrnent cotilmission shall be goner t,uted on or before the first day of JuIv, ,ofeach reaplior-rionment year or syhenever ��Ort)�OnmenLls required by court order. The commission ih all consist of_ eycn rem-bers. rhe_members of te commission shall be "Doointed by the mayor and confirmed by the council. The initial council annorttonment Commission shall be CRC 2011-17 res onset e for designain the oeogrnrihic boundaries off-the council districts nrovided for sbov'e The council reu ortionment C shall be those districts. The shall elect a chair from among its members. cosy An v e filled in the same manner as for an ori"i itiv vote of its Ric her of the Corn n or a ointment to '. t or the HESMEL The commission shall be furnished all recess a technical and_,secretarial services. �e mayor sari the council shill ro riate f rd to enable the commission to ca m taut its duties, Qz In effecting the i 11tLial apportionment and cash-smb—seacent rea ortionent.the co€ arniss€era sl;ttll lae guided by grad corn I with all V2iicable Federal and-State laws. E commission shall file with the county clerk an a ortionment or re Ian which shall become effective u, on its flfinll F Any rcgjjtered voter rg�ayetition th�cro er�court to n or ersons to erform ent or rea ortionment e the u ses of this must be filed_within forty- 92tEET99ff G Lh,cornmlssioo`s tenure shall end u on the filing of its Lan.** (Deleted material is brackere& new material is underlined) 1 Bait Question I Option A: 1) Effective 2014, shall four of the seven council members be elected by districts(North Shore, Eastside, South Shore/Central, Westside)and three of the seven council members be elected at-large, with a commission to be appointed in 2013 to establish district apportionment, and shad 2021 and every tenth year thereafter be a district reapportionment year? 2) if partial-districting of the council is approved, shall council members elected by distnict serve two- year terms and council members elected at-large serve fou •-year terms? Option B- 1) effective 2014, shall four of the seven council members be elected by districts(North Shore, Eastside, South Shore/Central,Westside)to serve two-year terms,and three of the seven council members bee ted at-large to serve four-year terms, with a commission to be appointed in 2013 to establish district apportionment, and shall 2021 and every tenth year thereafter be a district reapportionment year? Ballot Question 2: 41) Smill the term of office for councilmembers be limited to a total of eight years? COUNTY OF KAUA'I CHARTER REVIEW COMMISSION 2012 Meeting Schedule 4 1h Monday, 4:00 pm or shortly thereafter January 23 February 27 March 26—Prince Kf1hi'6 Holiday (either 3rd Monday— 19th or Tuesday—271h) April 23 May 28—Memorial Day Holiday (either 3rd Monday—21 or Tuesday—29t") June 25 July 23 August 27 September 24 October 22 November 26 December 24 (suggest 3 d Monday— 17th) CRC 2011-19 4444 Rice Street, Suite 150 * Lihu'e, Hawaii 96766 * (808)241-4919 * Fax(808)241-5127