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HomeMy WebLinkAbout2011_1128_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 1/23/12 Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I November 28, 2011 Location Mo'ikeha Building, Meeting Room 2A/213 I Start of Meeting: 4:00 p.m. I End of Meeting: 4:40 p.m. Present Chair Sherman Shiraishi; Vice-Chair Patrick Stack Members: Mary Lou Barela, Joel Guy; Ed Justus; Carol Suzawa Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis, Administrator John Isobe, Administrative Aide Paula Morikami Excused Member: Jan TenBruggencate Absent SIMMONS SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 4:00 pm with 6 Commissioners present Approval of Regular Open Session Minutes of October 24, 2011 Ms. Barela moved to approve the minutes as Minutes circulated. Mr. Justus seconded the motion. Motion carried 6:0 Business CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources. (Deferred to 11/28/11 meeting pending response from the County Council) Chair Shiraishi noted that a response had not yet been received from the County Council. Ms. Barela moved to defer the matter indefinitely until the Commission receives a response from the County Council. Mr. Justus It was noted that the County Council had previously responded that they seconded the motion. would provide their comments on this proposed amendment after they received a progress report from the Human Resources Subcommittee that was set up to study this issue. Mr. Isobe reminded the Commission that it was the Cost Control Commission who initiated the proposed amendment for consideration and future action should not be dependent on receiving comments from the County Council. Mr. Guy moved to amend the motion to defer the Charter Review Commission Open Session November 28, 2011 Page 2 SUBJECT DISCUSSION ACTION matter until a response was received from the County Council or March 1, 2012, whichever came first. Motion as amended was seconded and carried 6:0 Motion carried 6:0 on the main motion 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 11/8/11 from the 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. Attorney Winn confirmed to Mr. Justus that her communication did not contain anything that would present a problem with the client-attorney privilege. Mr. Justus moved to waive the client-attorney privilege and release the opinion publically. Mr. Guy seconded the motion. Motion carried 6:0 Mr. Justus moved to approve the proposed amendment pending the ballot question. Mr. Stack seconded the motion. Motion carried 6:0 CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot(ongoing review) The Commission agreed that with possible amendments to still come forward, it might be too early to start the prioritization process. Ms. Barela moved to defer CRC 2011-13 to the February, 2012 meeting. Ms. Suzawa seconded the motion. Motion carried 6:0 CRC 2011-16 Proposed amendment from Commissioner Justus revising Charter Review Commission Open Session November 28, 2011 Page 3 SUBJECT DISCUSSION ACTION Article XII, 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 mayor's term. Some of the Commissioners were not in favor of limiting a candidate for future terms and felt the voters would make the appropriate decision at the polls. Proposed amendment failed for lack of a motion. CRC 2011-17 Proposed amendment from Commissioner Justus revising Article III, County Council, Sections 3.02 Composition, Section 3.03 Terms, and Section 3.04 Qualifications relating to Partial Districting. Chair Shiraishi noted that Commissioner Justus had requested an Advisory Opinion from the Board of Ethics on whether he could vote on this issue if he was contemplating running for a Council seat in the 2012 election and suggested this issue be deferred to January, 2012,to allow Commissioner Justus to receive the Opinion from the Board of Ethics. Ms. Barela moved to defer CRC 2011-17 to the January 2012 meeting. Mr. Justus seconded the motion. Motion carried 6:0 Mr. Justus stated he would not be at the January meeting to discuss he proposed amendment. Mr. Justus made a motion to reconsider Ms. Barela's motion. Mr. Stack seconded the motion. Motion carried 6:0 Mr. Justus moved to defer CRC 2011-17 to the February meeting. Mr. Stack seconded the motion. Motion carried 6:0 CRC 2011-18 Election of Chair and Vice-chair for 2012 Ms. Barela nominated Mr. Stack as the Chair and Ms. Suzawa as the Vice- chair. Mr. Justus said they should nominate each position separately. Charter Review Commission Open Session November 28, 2011 Page 4 SUBJECT DISCUSSION ACTION Mr. Stack nominated Mr. TenBruggencate as the Chair but there was discussion as to whether it was right to elect a person in absentia. Mr. Barela then nominated Mr. Stack as Chair who declined the nomination. Ms. Barela moved to defer the elections to the neat meeting and to have Mr. Stack serve as Chair Pro Tern and Ms. Suzawa to serve as Vice-chair Pro Tern at the January meeting. Mr. Justus seconded the motion. Motion carried 6:0 Adjournment Mr. Justus moved to adjourn the meeting at 4:40 p.m. Ms. Barela seconded the motion. Motion carried 6:0 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Sherman Shiraishi, Chair O Approved as is. O Approved with amendments. See minutes of meeting.