HomeMy WebLinkAboutCharter Commission 2009-2010 Final Report O F
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COUNTY OF KAUAI
CHARTER COMMISSION 2009 -2010
FINAL, REPORT
Approved by the Charter Commission December 13, 2010
TABU OF CONTENTS
ORGANIZATION AND RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
WORD. EFFORT . . , . , . , . . , . , . . . . . . . . . . . . . * . . . . * . . . . . . . . . . . . . . . . & . . . . . . . . . . . . . . . . . 3
Special Committee on County Governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Voter Education . . * . . . * . . . . . . . . . . * . * . & . . . & . * . . . . . . . . . . . . . . . . . . 5
Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SUMMARY OF FINAL PROPOSED CHARTER AMENDMENTS ON THE
BALLOT , . . . . 1 . 111 , 11 11 . . . . * * . . w . . . . . . . . . . . . . . . . * . . . . & . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . & . . . . . . . . . . . . . . 6
Proposal l : Relating to County Council Terms (Sec . 3 .03)
Proposal ' : Relating to Qualifications for a Managing Director (Sec. 7. 07 & 7. 08)
Proposal 3 : Relating to Financial Procedures (Sec. 19 . 19 & Sec. 19 .20)
Proposal 4: Relating to Bidding Requirements for County Contracts
(Sec, 20.03 A)
Proposal 5 : Relating to the Post Employment Requirements for County Contracts
( Sec, 20,03 B)
Proposal 6: Relating to Code of Ethics Disclosures (See. 20 . 04 A)
Proposal 7: Relating to Time Extension for Ethics Advisory Opinions
(Sec. 20 .05 (D) 2)
SUMMARY OF OTHER PROPOSED AMENDMENTS CONSIDERED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Proposal 8 : Relating to filling a vacancy in the County Council (Sec. 3 .05)
Proposal 9 : Relating to the Appointing Authority of the Chief of Police
(Sec . 11 .04)
Proposal 10 : Relating to the Appointing Authority of the Fire Chief (See. 12 .02)
Proposal 1 l : Relating to the Appointing Authority of the Planning Director
(Sec. 14.04)
Proposal 12: Relating to the Appointing Authority of the Director of Personnel
Services
Proposal 13 : Relating to the Appointing Authority of the Director of Liquor
Control Commission (See, 16 .05 )
Proposal 14 : Relating to the Transfer of Building Maintenance from the
Department of Public Works to the Department of Parks and
Recreation (See. 13 .03 & Sec. 31 .03)
Proposal 15 : County Manager Form of Government (Comprehensive Charter
Amendment)
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Organization and Responsibilities
The seven-member Charter Review Commission (CRC), appointed by the Mayor and
confirmed by the County Council in accordance with Section 24 . 03 of the Kauai County
Charter, officially met from January 2009 through December 2010. (See Attachment A :
leetin,g Schedule and Timeline and Tasks)
For the calendar year 2009, Sherman Shiraishi was elected Chair and Leonard Vierra was
elected Vice-Chair. For the calendar year 2010, Carol Suzawa was elected Chair and
Sherman Shiraishi was elected Vice-Chair. The members of the CRC and their
appointment terms are as follows :
Commissioner Appointment Term
Carol Suzawa 01 /011 109 to 12,/31111 if
Sherman Shiraishi 01 /01109 to 12,'31 ;` 11
Leonard Vierra 01101 /08 to 12131 % 10 (resigned on 8%23110, vacant)
Jan TenBruggencate 01 1110 1 / 10 to 12131 ; 12 (replaced J. Chun, resigned on 9/ 11 ;'09)
Mary Lou Barela 01 /01110 to 12/31x` 12 (replaced C. Davis Briant, resigned on 8/23110)
Patrick Stack 01101108 to 12%31 / 10 (replaced M . Yoshioka, resigned on 8114109)
Joel Guy 01 /01 / 10 to 12131 / 12 (replaced B. Bennett, resigned on 12/31109)
The CRC is responsible for studying and reviewing the operation of the County
government under the Kauai County Charter, proposing amendments deemed necessary
or desirable to the existing Charter, and/or drafting a new Charter for submittal to the
voters at any General or Special Election as may be determined by the CRC .
Work Effort
In addition to conducting regularly scheduled monthly meetings to review Charter
proposals, the CRC established a Special Committee to consider more complex
amendments related to a County Manager Form of Government.
After determining which Charter amendments would be placed on the ballot for
consideration in the 2010 General Election, the CRC also developed and implemented a
comprehensive voter education effort to inform the electorate about each proposed Charter
amendment.
Special Committee on County Governance (February 2009)
In February 2009, a Special Committee on County Governance comprised of Carol Ann
Davis Brunt, Jonathan Chun and Barbara Bennett was established pursuant to Section 92-
2 . 5 , I-Iawai ` i Revised Statutes and Rule 6 of the CRC . (See Attachment B: Special
Committee can C'crun y Governance, 2009) The purpose of the Committee was to consider
possible amendments to the Kauai County Charter as it relates to establishing a County
Manager Form of Government and other appropriate methods of County governance, and
Page 13
to provide an advisory written report for consideration at a duly noticed meeting of the
CRC .
A public informational meeting was held on June 15 , 2009, at the Kauai War Memorial
Convention Hall (KWMCH) where Mr. David Mora from the International City/County
Management Association ( ICMA) was invited to Kauai to discuss the County Manager
form of government.
On November 18 , 2009, another public informational meeting was held at the KWMCH
which included a panel of local experts consisting of John P . Whalen, former City &
County of Honolulu Charter Commission member; David Callies, Kudo Professor of Law,
UH, William S . Richardson School ; and Jan TenBruggencate, former Honolulu Advertiser
writer. The topic of discussion was the current Mayor-Council structure of County
government and its relationship to the State government.
Based on all the information gathered, the Special Committee filed a report on November
23 2009, with the CRC incorporating specific concerns on the current form of
government and specific recommendations on how to best address each of those concerns .
The recommendations were to :
( 1 ) Continue the Special Committee on County Governance;
(2) Limit/Eliminate Board and Commission Authority to Appoint Department
Heads; and
(3 ) Establish Minimum Qualifications and Duties for the Administrative Assistant.
(See Attachment C: Special Committee on County Governance Report, 1112312009)
Re-establishment of Special Committee on County Governance (April 26, 2010)
Due to the resignation of the three (3 ) Special Committee members, three (3 ) newly
appointed members to the CRC volunteered to serve on the Re-established Special
Committee on County Governance. (see Attachment D: Special Committee on County
Governance, 2010) Commissioner Patrick Stack volunteered to be the new Chair together
with members Joel Guy and Jan TenBruggencate, The Re-established Special Committee
met five (5) times between May 14, 2010 and June 18 , 2010.
On April 26, 2010, a group called "Citizens Ad Hoc Committee for a County Manager
System" submitted an 8 -page document to the CRC suggesting amendments to the Kauai
County Charter to provide for a County Manager System. The Special Committee
conducted three community meetings held June 14, 2010 at the Princeville Community
Center, June 115 , 2010 at the L -ihu` e Neighborhood Center, and June 17, 2010 at the
Hanapepe Neighborhood Center regarding the Ad Hoc Committee ' s suggestions.
The Committee then issued its report to the CRC on June 28 , 2010 which included the
following recommendations :
( 1 ) The charter amendment proposing the establishment of a Council -Manager
form of government not be placed on the 2010 General Election ballot; and
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(2) All future deliberations regarding the Council-Manager form of government be
postponed indefinitely.
(See Attachment E: Special Committee on County Governance Report, 6%28110)
Voter Education
Pursuant to Rule 4( f) of the CRC, the CRC is responsible for proposing and implementing
a voter education program to acquaint the electorate on the proposed amendments. (See
Attachment E: Voter Education Strategies) In addition, Sections 24 . 02 (B) and 24. 03 ,
Kauai County Charter, requires the CRC to provide a legal publication in the newspaper
of general circulation.
By working collaboratively with the County Office of Elections and Hagadone Printing,
the Office of Boards and Commissions was able to insert and mail the proposed Charter
amendment voter education informational material to all absentee voters as part of the
absentee ballot mail-out process . (See Attachment G: toter Education Information Sheet)
Although Hagadone Printing assessed the Office of Boards and Commissions a nominal
fee to print the informational material, there was a significant savings in additional
postage charges.
The voter education information was also distributed to approximately 30,900 Kauai
mailbox holders as a separate insert in the AlidWeek Kaua `i publication. In addition, 1 ,700
copies of the voter informational material were printed in-house by the Office of Boards
and Commissions and distributed to State libraries, County neighborhood centers, and
polling centers throughout the Island.
The CRC also utilized other no cost methods to disseminate the Charter amendment
informational material such as :
• E-mailing information to business and community organizations on Kauai ;
* Posting amendments and voter information on the County of Kauai website,
* Publishing voter information in the Kauai Island Utilities Cooperative ( KIUC)
Currents magazine which is distributed to approximately 24,000 electric
customers on Kauai ;
• Presentation of the amendments by Sherman Shiraishi , Patrick Stack, and Jan
TenBruggencate on the Mayor' s Ho ` ike televised "Together We Can" talk show,
and
* Airing 60-second Public Service Announcements on local radio stations . (See
Attachment H. Public Service Announcements (PSAs)
Page
Budget
The C'RC ' s expenses for public education and legal review and notification that were
administered and funded by the Office of Beards and Commissions are summarized
below :
Community Meetings wlSpeakers S 21500. 00
(MorarCallies `whalen)
Public Education 5 , 700. 00
(Hagadone Printing. FMPR & Midweek)
Legal Notice 2,200. 00
(The Garden Island)
Legal Consultation 5 ,900,00
Total : S 16,300. (}0
SUMMARY OF FINAL PROPOSED CHARTER AMENDMENT ON THE
BALLOT
The CRC considered a total of fifteen ( 15) proposed Charter amendments for the period
January 2009 through December 20101
Proposed Amendments for 2010 General Election Ballot
In accordance with Article XXIV of the Charter, seven (7) proposed Charter amendments
were transmitted to the County Clerk ' s Office for consideration by the voters in the 2010
General Election. (See Attachment l: 2010 Charter Amendment Proposals) Information
on each of the proposed amendments and ballot questions were prepared on a handout to
educate the voters prior to the election. The proposed charter amendment election results
are also included in this report for reference. (See Attachments J. Certificate of Results
for the 2010 Charter Amendments)
Proposal ' ,Charter Section , Proposed Amendment Election Status
No
# 1 Sec. 3 . 03 Relating to County Council Terms Failed
#2 Sec. 7. 07 and I Relating to Qualifications for a Passed
Sec. 7 . 08 Managing Director
#3 Sec. 19 . 19 and Relating to Financial Procedures Passed
Sec. 19 . 20
f
44 Sec. 20 . 03 (A) I Relating to Bidding Requirements for ' Passed
j County Contracts
#5 Sec. 20. 03 (B) Relating to Post Employment Passed
Requirements for County Contracts
06 j Sec. 20 . 04 (A) I Relating to Code of Ethics Disclosures Passed j
#7 Sec. 20. 05 (13)(2) # Relating to Time Extension for Ethics Passed
j [ Advisory Opinions
Page 16
Other Proposals Considered
The following eight (8 ) proposals either were deferred for future consideration or deemed
not necessary or desirable.
Proposal. Charter Section Proposed Amendment Commission
Status
8 Sec. 3 . 05 Relating to filling a vacancy in the Deferred
! County Council
€ #9 Sec. 11 . 04 Relating to the Appointing Authority of Deferred
j the Chief of Police
# 10 Sec. 12 . 02 Relating to the Appointing Authority of Deferred
the Fire Chief I
# 11 Sec. 14. 04 Relating to the Appointing Authority of Deferred
the Planning Director
# 12 Sec. 15 . 04 Relating to the Appointing Authority of Deferred pending
the Director of Personnel Services Legislative
Authority
# 13 Sec, 16 . 05 Relating to the Appointing Authority of Deferred pending
the Director of Liquor Control Legislative
Commission Authority
#14 Sec. 13 . 43 and Relating to the Transfer of Building Deferred
31 . 03 Maintenance from the Department of
Public Works to the Department of Parks
and Recreation
# 15 Comprehensive County Manager Form of Government Postponed
Charter Revision Indefinitely
4
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(Attachment A)
?VMeetin Schedule
The Charter Commission held the following meetings and all meetings were pasted to
start at 4 : 00 p.m. or shortly thereafter except as noted.
2009 January 26, 2009 Mo ' ikeha Bldg, Rm 2A/'2B
February 23 , 2009 Council Chambers
March 23 , 2009 Council Chambers
April 27, 2009 Council Chambers
May 18 , 2009 Council Chambers
June 22 , 2009 Cancelled
July 27, 2009 Council Chambers
August 24, 2009 Council Chambers
September 28 , 2009 Council Chambers
October 26, 2009 Council Chambers
November 23 , 2009 Council Chambers
December 14, 2009 Council Chambers
2010 January 25 , 2010 Council Chambers
February 22 . 2010 Council Chambers
March 22 , 2010 Mo ' ikeha Bldg, Rm 2A/2B
April 26, 2010 Mo ' ikeha Bldg, Rm 2A/2B
May 24, 2010 Mo ' ikeha Bldg, Rm 2Al2B
June 28 , 2010 Mo ' ikeha Bldg, Liquor Conf Rm
July 26, 2010 Mo ' ikeha Bldg, Liquor Conf Rm
August 23 , 2010 Mo ' ikeha Bldg, Liquor Conf Rm
September 27, 2010 Mo ' ikeha Bldg, Liquor Conf Rm
ctober 2S , 2010 Cancelled
November 22, 2410 Cancelled
December 13 , 2410 Mo ' ikeha Bldg, Liquor Conf Rm
Nate : Agendas and open session minutes are available for viewing on the Charter Review Commission
webpage at http : l-v�vx�v. kag i . ov/bo rdsandcommissions
Timeline and Tasks ;
i June 2010 (5 months) f Draft of proposed Charter recommendations. Proposed Charter
amendments to legal consultant for review "draft language
June 14- 17 , 2010 Public Informational Meetings — Special Committee
Revise amendments as necessary. Legal to work on final language
for report & recommendations
I August 16, 2010 Review of charter amendment language from the County Attorney' s
Office
August — September, Finalization of Voter Education Material. Meeting on final
2010 recommendations and voter education material
I '
September 1 , 2010 Finalize copy of voter education to Commission staff for formatting.
Submit voter education material to KIUC for publication in the
r ( Currents magazine October issue.
September 3 , 2010 All Charter amendment questions(s) due to State Chief Election
Officer for printing of ballot pursuant to
HRS § 11 - 119(b) including ramsayered text of amendment in word
format
September 15 , 2010 Finalized camera-ready voter education for Mid WeekKaua `i tabloid
September 28, 2010 Mail-out of General Election absentee ballots to overseas voters
(allows for 6 day challenge following primary + 4 day judicial
response) (Federal guideline suggests 30-45 days prior to General)
September 29, 2010 Publish voter information material in MidWeek Kaua `i tabloid
October 1 , 2010 Public voter information material published in the KIUC magazine,
Currents - October issue
I October 1 , 2010 County Clerk and Commission jointly publish all proposed Charter
amendments in a newspaper of general circulation in the county
pursuant to Kauai County Charter Section 24. 02 B and 24. 03 .
(publish not less than 30 days prior) j
j October 7, 2010 Tape Mayor' s Talk Show, "Together We Can" with members of the j
Charter Review Commission to explain proposed charter
amendments . Aired daily on I4o ' ike public television from 10;18 to
I f
1 0712211 0 ,
October 19, 14,010 General Election walk-in absentee polling period , to HRS
through 15- 7
October 30, 2010 j I
j November 2, 2010 General Election Day I
I December 2 , 2010 Publication of approved Charter amendments by the County Clerk in
I a newspaper of general circulation in the county within 30 days
(Attachment B )
CHA ' . AI ---
Special Committee on County Governance
AUTHORITY.
The Special Committee on County Governance is hereby established pursuant to Section 92-2 . 5, Hawaii
Revised Statues and Rule 6, Rules of the Kauai County Charter Review Commission .
COMMITTEE MEMBERS .
Ms . Carol Ann Davis, Chair Ms . Barbara Bennett, Member
Mr. Jonathan Chun , Member
( Note: A third member may be selected by the Charter Commission as deemed appropriate.)
SCOPE OF INVESTIGATION .
A Special Committee is hereby established by the Charter Review Commission to consider possible
amendments to the Kauai County Charter related to establishing a County Manager and other appropriate
methods of County governance .
The Committee may:
1 . Research , request and arrange for experts to present information about the County/City Manager and
other appropriate methods of County/City governance;
( Note: Prior to requesting any expenditure of funds, the Committee shall ensure that any experts conduct the
necessary advanced research to determine whether the County Charter can be amended to provide for a County
Manager or other proposed system of governance and still conform to the provisions of the Hawaii State Constitution
and Hawaii Revised Statutes.)
2 . Research and obtain written materials on the subject of the County/City Manager and other
appropriate methods of County/City governance; and
3 . Consider public input regarding suggested changes in the authority of the Mayor and County Council
that it believes would be appropriate to the establishment of a County Manager and other appropriate
methods of County of governance .
The Committee shall prepare and submit a written report for consideration at a duly noticed meeting of the
Charter Review Commission . The report shall contain an overview of the Committee' s findings and
recommendations as well as an explanation of any proposed amendments to the County Charter as may be
necessary or desirable to implement a County Manager or other methods of governance for the County of
Kauai .
SCOPE OF MEMBER'S AUTHORITY :
The authority of the members on the Special Committee on County Governance shall only be advisory in
nature and do not represent the views of the Charter Review Commission or the County of Kauai . The
Committee' s findings and recommendations shall not be binding on the Charter Review Commission or the
County of Kauai .
Attachment C
SPECIAL C {3MMITTEE ON Cu" UNTY GOVERNANCE
REPORT ON FINDINGS & RECOMMENDATIONS
Submitted by- Barbara Bennett
November 23, 2009
Overview ,
The Kauai County Charter represents the basic foundation upon which our County government
stands . it was adopted by the people of Kauai in 1968 and took effect an January 2, 1964.
During the mandatory Charter review process conducted in 2004, the Charter Review
Commission received a request from the public to revise the current Mayor- Council form of
County government to one that mirrors a Council- County Manager structure that is more
common on the mainland US.
After review and deliberation, the Commission members came to the realization that this issue
was much too complex and decided to not consider a County Manager form of government as
part of its package of Charter amendments that were proposed to the voters in the 20076
General Election .
In December 2007, a new Charter Review Commission was constituted and the community
proponents for a Council-County Manager structure of local government requested that this
I
ssue be taken up and placed before the electorate at the 2008 General Election,
In an effort to accommodate this request, the Commission considered a draft Charter
amendment concept that proposed to establish a County Manager system that generally
transferred the established responsibilities of the Mayor to a County Manager. For the most
part, this was accomplished by replacing the term "mayor" in the current Charter with the word
"County Manager" . As provided for in its Rules, the Charter Review Commission submitted this
proposal to the County Attorney' s Office for a legal review in May 2008.
The requested legal review was not completed prior to the deadline that Charter amendments
needed to be submitted for placement on the 2008 General Election ballot and consequently,
the County Manager proposal was tabled for future consideration .
As part of its continuing work in 2009, the Kauai Charter Review Commission again considered
investigating possible amendments to the Charter relating to establishing a County Manager
and other appropriate methods of County governance .
In February 2009, the Commission established a Special Committee on County Governance
pursuant to Section 92-2 .5, HawaVi Revised Statutes and Rule 6 of the Kauai County Charter
Review Commission Rules .
The purpose of the Special Committee was to consider possible amendments to the Kauai
County Charter related to establishing a County Manager and other appropriate methods of
County governance .
The Committee was tasked with preparing a written report containing an overview of the
Committee's findings and recommendations as well as an explanation of any proposed
amendments to the County Charter as may be necessary or desirable to implement a County
Manager or other methods of governance based on the following:
1 . Research, request and arrange for experts to present information about the County/City
Manager and other appropriate methods of county governance;
2 . Research and obtain written materials on the subject of the County/City Manager and
other appropriate methods of County/City governance; and
1 Consider public input regarding suggested changes affecting the authority of the Mayor
and County Council that it believes would be appropriate to the establishment of a
County Manager and other appropriate methods of county governance .
Findings .
The Committee was provided with the basic concept of the proposed County Manager form of
government that was submitted by former Commissioner Walter Briant. Thereafter, the
Committee pursued more information in order to have a better understanding of the legal and
structural implications that such amendment(s) would have on the County's current system of
governance .
At its initial meeting in March 2009, the Committee discussed how it would begin to gather
information and seek the public' s input. The members decided that they would undertake the
following process of information gathering and public education :
1 . Invite a representative from the International City/County Management Association
( ICMA) to Kauai for the purpose of assisting the Committee in providing research and
information on a County Manager form of government. (Completed : June 2009)
2 . Invite a panel of local experts to assist the Committee in providing background and
information on the current Mayor- Council structure County government and its
relationship to the State government. (Completed : November 2009)
Imperative to its overall effort, the members agreed that the Committee must clearly
determine what are the specific concerns with the current form of County government and
develop specific recommendations on how best to address each area of concern including but
3 1 1 ' 1
not limited to, revising the current Charter in its entirety to establish a County Manager form of
government for Kauai .
Findines of Presentation on County Manager — June 2009
After numerous emails and several conference calls with ICMA, the Committee directed the
Office of the Boards and Commissions to coordinate a speaking engagement in June 2009 for
the purpose of reviewing and discussing the County Manager form of government. ICMA' s
West Coast Regional Director, Mr. David Mora, was invited to Kaua 'i to present information
relating to the County Manager form of government. Approximately 100 people attended this
meeting held at the Kauai War Memorial Convention Hall that was facilitated with questions
from the audience.
Additionally, Mr. Mora conducted separate informal informational meetings with the
Committee as well as Administrative representatives from the County.
Some of the important elements on the proposed County Manager system of government that
were identified are as follows :
The unique decentralized structure of Kaua 'i's Charter provides for three tiers of County
government who have the authority to appoint various department heads -- Mayor,
Council and various Boards & Commissions. (See Recommendation No. 2 )
There are hundreds of variations of a County Manager form of government.
% Community involvement is important in identifying the desired form of government in
order to clearly determine what needs to be improved or revised in the current system .
The proponents for a County Manager need to identify specific concerns about the
current system of County government that they want addressed .
4 1 P
• A cast analysis of the conversion plan is impossible to determine since no specifics are
available on what impacts any proposed changes would have in comparison to the
current form of government.
Consultation with the County Attorney' s Office on the legality of the any proposed
structural changes is necessary.
Public awareness and education is important in justifying the need for proposed
structural changes.
In July 2009, the Committee met in executive session to review and discuss the County
Attorney' s opinion regarding the proposed Charter amendment that was introduced by former
Commissioner Waiter Briant to establish a County Manager structure.
This opinion was released to the public and indicated that the County Manager amendment as
proposed was in conflict with the State Constitution and the general laws of the State of Hawai 'i
and as a result, was not legal . See Exhibit A attached .
Findings of Informational Presentation on County Government — November 2009
The Committee continued the second phase of its research and education by inviting speakers
to present information on the current form of government in Hawaii . Thus, another
Informational Presentation was scheduled in November 2009 and three ( 3 ) speakers were
invited to discuss "The Present Government Structure in Hawaii" . The program covered issues
on the history and intent of the Kauai County Charter, how the Charter relates to the State
Constitution and laws and the various roles and responsibilities of county government. The
presenters included Mr. Jan Tenbruggencate, President, Island Strategy & former Kauai Bureau
Chief for the Honolulu Advertiser; Dr. David Callies, UH Professor of Law; and Mr. John Whalen,
President, Plan Pacific and former City & County of Honolulu Charter Commission member.
5 1 _ '
Each speaker presented their views followed by a question and answer portion that was
facilitated and moderated . Approximately 75 people were in attendance at the meeting that
was held at the Kauai War Memorial Convention Hall.
The attendees were asked to submit their written comments on a survey form to more clearly
determine what, if any, were the specific concerns with the current form of County
government.
Below are the responses regarding, "What is working well" with our current form of county
government:
There is accountability from both the Administration and the County Council who are
elected officials .
There is a separation of powers.
Y There are checks and balances ( i . e . Council confirmation of some appointees).
:%w There are term limits for elected officials .
Comments were also received about, "What is not working well" with the current government:
Power of unions and civil service system which protects "undesirable" employees .
r Kauai has a weak Mayor form of government in comparison to the other Hawai " i
counties . (See Recommendation No , 2)
Some department heads are hired and fired by Commissions or Boards and not the
Mayor. (See Recommendation No . 2 )
6 l `'
r Unqualified people appointed to key positions. (See Recommendation No. 3 )
r The Charter does not specify the minimum qualifications for the Administrative
Assistant and some department heads . (See Recommendation No . 3 )
Boards and Commissions not heeding County Attorney advice .
:- People who want change have not been able to elect the people they want in office.
Politics, nepotism and the old boy system are rampant in our government.
Council and Administration continually pointing the finger at the other about each not
doing their job.
y Performance audit of the County's operations have not been done even after funds
have been appropriated six or seven years ago.
County Attorney should be independent of any influence from elected officials --
consider an elected County Attorney position .
Recommendations ,
As previously stated in this report, the Committee was tasked with preparing written
recommendations as well as an explanation of any proposed Charter amendments as may be
necessary or desirable to implement a County Manager or other methods of governance .
Based on the research and information gathered, the Committee makes three (3)
recommendations to the Charter Review Commission for consideration as follows .
7 ; , r
1 . Continue the Special Committee on County Governance.
As of September 2009, only one of the three members remains on the Special Committee , The
Committee is still uncertain whether there is a valid need and/or overwhelming desire to
change the current structure of our County government from an elected Mayor-Council to a
Council -County Manager structure of government. The following issues must still be
thoroughly reviewed and addressed :
The form of a County Manager structure that will satisfactorily resolve the identified
deficiencies .
Whether or not there are remedies other than establishing a County Manager form of
government that would satisfactorily address the deficiencies that are identified .
Legal review of the proposed structural changes to ensure compliance with State
Constitution and Statutes.
In depth analysis of the overall departmental authority, operational structure and lines
of reporting under the County Manager system .
Analysis of the conversion cost associated with the proposed County Manager structure .
Determination of the process and best method {s} for educating the electorate .
Based on the above, any proposed change from the current Mayor-Council form of government
to a County Manager structure will require an extensive amount time and effort for review,
drafting and legal research .
It is important to note that Section 24 . 93, Kauai County Charter in pertinent part requires that,
The Charter Review Commission shall publish not Jess than thirty (30) days
before any election at least once in a newspaper of general circulations
within the County the entire text of the amendments or the new Charter. "
(Emphasis added)
Using the work effort undertaken by the Committee to date as a basis, it is assumed that a
commitment of about four to six months of full- time effort ( approximately 500 man hours)
needs to be dedicated in order to complete the tasks outlined above . in addition, the
committee would require the support of staff and attorneys to accomplish its work.
Since the Committee is comprised solely of volunteers, it is unrealistic to believe that the
members can devote the time required to complete the research and technical drafting of a
proposed charter amendment to establish a County Manager form of government in time for
the 2010 General Election .
2. Limit/Eliminate Board and Commission Authority to Appoint Deoarfiment Heads.
This recommendation is based on the findings of the Committee that Kaua 'i has a unique
decentralized form of government that is weaker in comparison to the other Hawai ' i counties
which provides that many department heads be hired and fired by Commissions or Boards and
not the Mayor.
Currently, the Kauai County Charter provides three (3) tiers of government with the authority
to appoint and remove department/agencies heads -- the Mayor, the Council and certain
Boards and Commissions ( Liquor, Civil Service, Police, Water, fire and Planning) .
The first step towards improving accountability is to define and identify clear lines of authority
by consolidating the authority and responsibility for all administrative departments under the
Mayor. This can be accomplished by amending the Charter to simulate the process used by the
State government for the judicial selection and appointment of judges.
9 1 i
The appropriate Board or Commission would be given the responsibility to establish
qualifications, recruit, screen and submit a list of qualified applicants for filling the
department head position to the Mayor.
i The Mayor would be granted the authority to appoint the department head but, only
from the list of qualified applicants provided by the respective Board or Commission .
The appointee selected by the Mayor must then be confirmed by the County Council .
:- The Mayor would be granted the authority to terminate any administrative head, if
necessary .
This process will ensure that the selection process is fair and void of political influence. More
importantly, it will consolidate the accountability and responsibility for the management and
performance of all administrative department heads under a single authority.
Based on the tentative timeline ( Exhibit B), there is sufficient time to complete the research,
drafting and education necessary to prepare these proposed charter amendments for submittal
to the voters in the 2010 General Election ,
3. Establish Minimum Qualifications and Duties for the Administrative Assistant.
This recommendation is based on the findings that in order to avoid having unqualified people
appointed to key positions, the Charter should incorporate language that specifies the
minimum qualifications for the Administrative Assistant and department heads .
Although the County currently has a written job description with minimum qualifications for the
Mayor's Administrative Assistant position, it is an internal document that could potentially be
ignored.
For this reason, it is recommended that the Charter be amended to include basic qualifications
and duties for the position of Administrative Assistant similar to that already provided for other
department heads such as the County Engineer, Finance Director and County Attorney.
The Committee further recommends that the title of the Administrative Assistant position be
revised to "Managing Director" so it is consistent with the other Counties in the State .
This Charter amendment will ensure that :
The public understands the duties and responsibilities of the position .
The position is filled by a qualified individual .
r The individual can be held accountable for the performance of his/her duties.
Based on the tentative timeline ( Exhibit B), there is sufficient time to complete the research,
drafting and education necessary to prepare for this proposed charter amendment for
submittal to the voters in the 2010 General Election .
Conclusion ,
During the past year, the Committee has attempted to gather information and conduct
research to better understand the issues surrounding the proposed County Manager structure
and how our current County system has evolved over the years including its complex
interrelationship with the State Constitution and statutory laws.
To date, the Committee spent about 150 man hours of volunteer time and approximately
$ 2, 500 of County funds working on the various issues related to county governance .
There is a clear recognition that the Charter is one of the most important documents of the
County of Kauai . It establishes the framework for the County's relationship with the State,
defines the separation of powers between the Mayor and Council and outlines the County's
obligations in providing services to the people of Kauai .
For these reasons, special care must be taken when considering overall changes to the
fundamental structure of our local government, We must be certain that the proposed changes
will provide for greater accountability, improve the delivery of essential services, and address
the multiple needs and desires in our community.
In closing, the Committee would like to extend its appreciation to everyone who supported and
assisted with the Committee' s work efforts over the past year.
1211, . , _
. ,
COUNTY OF KAUAI
rA 9WCMAAWX6 WMMUSSIO NS
OFFICE OF THE COUNTY ATTORNE
I NOTE : At its meeting can C}ctober 25,
2009, the Charter Commission voted
to release this opinion pursuant to CONFIDENTIAL
the policies of the County Attorney's Attorney-Cllent Communication
and/or Attorney Work Product
Office.
July 31 , 2009
TO : Sherman Shiraishi , Chairman
Charter Review Commission
FROM : Mauna Kea Trask
Deputy County Attorney
SUBJECT: Charter Amendment Re County Manager
Tracking No . 09-0805
Request was made to this office to offer guidance regarding amending the
charter to allow a councikcounty manager form of government, specifically for
" insight on what [is] perceive[d] as the pros and cons of this proposal as well as
any suggested approaches that should be considered, " letter from Jonathan
Chun dated May 27 , 2008 .
Currently the county government contains two elected "branches" of
government, the legislative and the executive. The legislative body of the county
is comprised of the county council while the executive body is comprised of the
mayor. These two bodies , both beholden to the people of Kauai, currently
"check" each other while maintaining a "balance" of power within the government.
The proposed charter amendment seeks to fundamentally change the
county of Kauai's farm of government. Instead of an elected executive by the
people, the proposed amendment seeks to extinguish the mayor's office and
replace him with an appointee who would serve at the will of the council. This
appointed county manager would preside over the county's government as a
CEO type officer who would not be involved with the legislative actions of the
council.
Issue{s }.
The issues presented in this question are two-fold. The first, and indeed
the threshold issue, is whether or not the proposed form of council-county
manager form of government is legal. The second issue is if the proposed
council-county manager form of government is legal, what are the pros and cons
of such a form of government.
Exhibit A
Sherman Shiraishi , Chairman
Charter Review Commission
Page 2 of 10
July 31 , 2009
Response :
As to the first issue it is the opinion of the Office of the County Attorney
that the proposed form of council-county manager farm of government is not
legal under the Hawaii State Constitution and the General laws of the State of
Hawaii,
As to the second issue , even if the proposed council-county manager form
of government was legal any pros of such a system would be greatly outweighed
by the cons .
Kauai's current form of Government.
Currently the County of Kauai is a corporate body with all powers
authorized by the state Constitution, the general laws of the State of Hawaii , and
the Kauai County Charter. The County of Kauai consists of a three branch form
of government comprised of the legislative, executive, and administrative
branches . Pursuant to article six (6) of the Hawaii State Constitution , unlike
many counties around the United States , in Hawaii the Judiciary operates at a
statewide level and there are no county courts within the State of Hawaii.
The legislative power of the county is vested in and exercised by the
collective members of the county council . The council consists of seven
members who are elected at large for terms of two years with no member being
allowed to serve more than four consecutive elected two-year terms. Council
powers include the authority to enact ordinances and resolutions ; exercise
eminent domain powers; formulate and enact an annual operating capital budget;
adopt a pay plan for employees exempt from civil service ; authorize and issue
general obligation , improvement, and revenue bonds ; borrow money on
anticipated tax collections ; investigate the operation of any county agency or
function and any subject legislated upon ; and adopt a general plan for the
county. The council, however, is _ expressly forbidden to interfere with the
administrative processes delegated to the mayor, Kaua 'i County Charter Section
3 . 18.
The executive power of the county is vested in and exercised by the
executive branch which is headed by the mayor, The mayor is elected for a term
of four years and may not serve for more than two consecutive terms , The
mayor exercises direct supervision over executive departments and coordinates
all administrative activities., creates and abolishes authorized county government
positions and appoints necessary staff; submits annual operating and capital
budgets with capital programs , signs instruments requiring execution by the
county; presents necessary or expedient messages or information to the council ;
Sherman Shiraishi , Chairman
Charter Review Commission
Page 3 of 10
.July 31 . 2009
manes annual and periodic reports pertaining to county policies , programs , and
operations, approves or vetoes ordinances and resolutions , enforces the
provisions of the charter, ordinances , and other applicable laws , recommends
pay plans for county employees exempt from civil service and position
classification ; and exercises ether powers and performs ether duties prescribed
by the charter or ordinance.
Currently the county government operates under the "checks and
balances" model of American democracy consistent with the U . S . federal
Constitution , the Constitution of the State of Hawaii , and the general laws of the
state. The system of checks and balances was establishers to preclude a
commingling of essentially different powers of government in the same hands
and thereby prevent a situation where one department would be controllers by, or
subjected , directly or indirectly, to, the coercive influence of either of the other
departments , O' Donoghue v. United States, 289 U . S . 516 , 530 53 S . Ct 7404
743, 77 C_ . Ed 1356 ( 1933) , see also Hu ohery's Executor v. United States, 295
U . S, 602 , 629-30 , 55 S . Ct, 869, 875 79 LEd 1611 ( 1935) .
The most illustrative example of this checks and balances system within
the county is found in Section 4 . 03 of the Charter, "Submission of Ordinances to
the Mayor, " which basically outlines the mayor's veto power. The veto power is
an essential executive tool as it is one of the only instruments available that
checks the legislator's power to enact laws, and thus maintains a balance in
government. Although executive vetoes can be overridden its existence is
fundamental to an American style of democracy, which is why it is also present in
the U . S . Constitution , The Office of the County Attorney notes that the proposed
amendment to the charter providing for a council-county manager system of
government would delete section 4 . 03 from the charter, thus removing any form
of veto power that would maintain either a check or balance on the council .
Proposed Amendment
The proposed charter amendment, attached as Attachment "A", seeks to
amend the Charter of the County of Kauai in order to establish a council-county
manager farm of government. A summary of the proposed form of county
manager system is as follows:
1 . All of the managerial powers of the mayor are to be given to
the county manager except for the power to appoint
members of county beards and commission , The
appointment of board and commission members will be by
the council.
Sherman Shiraishi , Chairman
Charter Review Commission
Page 4 of 10
July 31 , 2009
2 , The county council is empowered to hire , compensate and
terminate the county manager who will serve at the pleasure
of the council .
3 . The county council will elect one of their members to serve
as chair of the council and to have the title of mayor. The
council will establish such non-managerial or ceremonial
duties of the mayor as the council may determine .
(Attachment "A" at p . 1 ) .
The purpose of the proposed charter amendment is to rectify perceived
deficiencies in the current executive branch of county government. They are as
follows :
1 . The lack of adequate prerequisites and or qualifications to be
mayor. The proposed charter amendment claims that the hiring of a professional
county manager, assumedly trained by the ICMA ( International City/County
Manager Association) , by the council with the requisite education and experience
will assure the qualities required for running the business of the county;
2 . The current executive branch of the government interferes with the
council's ability to enact public policy laws and investigate subjects for which it is
responsible ;
1 The lack of accountability for performance of the administrative
functions of the county;
4 , The current system 's lack of continuity due to the mayor's
appointment power, which potentially could change the administrative structure
every four years ;
5 . The political nature of the current system as it relates to the
executive and his or her appointees ;
6 , The size of Kauai' s budget and population renders the current
system , " inherently and unacceptably inefficient" and a council-county manager
system would salve all of Kauai's problems .
Legality of the Proposed Amendment.
As previously stated the Office of the County Attorney believes that the
proposed councikcounty manager form of government would not be legal under
the Constitution of the State of Hawaii or the general laws of the State .
Sherman Shiraishi , Chairman
Charter Review Commission
Page 5 of 10
July 31 , 2009
Art . Vill , section 2 . Hawaii State Constitution states :
Each political subdivision shall have the power to frame and
adopt a charter for its own self-government within such limits and
under such procedures as may be provided by general law. Such
procedures, however , shall not require the approval of a charter by
a legislative body .
Charter provisions with respect to a political subdivision 's
executive, legislative and administrative structure and organization
shall be superior to statutory provisions , subject to the authority of
the legislature to enact general laws allocating and reallocating
powers and functions . (Emphasis added . )
A law may qualify as a general law even though it is inapplicable to one or
more counties by reason of the provisions of this section .
According to the law, "[tjhe fundamental principle in construing a
constitutional provision is to give effect to the intention of the framers and the
people adopting it. This intent is to be found in the instrument itself. When the
text of a constitutional provision is not ambiguous , the court, in construing it, is
not at liberty to search for its meaning beyond the instrument. " State ex rel. Anzai
v. City & County of Honolulu , 99 Haw. 508, 519 , 57 P . 3d 433 , 444 (2002 ) .
Moreover, a constitutional provision must be construed in connection with other
provisions of the instrument, and also in the light of the circumstances under
which it was adopted and the history preceding it. " Blair v, Harris , 98 Haw. 179 ,
45 P . 3d 798 , 801 (2002) .
FIRS section 46- 1 . 5( 1 ) states.
Each county shall have the power to frame and adopt a
charter for its own self-government, which shall establish the county
executive, administrative, and legislative structure and organization ,
including but not limited to , the method of appointment or election
of officials, their duties, responsibilities , and compensation , and the
terms of their office. ( Emphasis added . )
Where language of a statute is plain and unambiguous , there is no
occasion for construction and statute must be given effect according to its plain
and obvious meaning. Twentieth Century Furniture Inc. v Labor and Industrial
Relations Appeal Board , 52 Haw. 577 , 482 P. 2d 151 ( 1971 ) .
Furthermore , a statute ought upon the whole be so construed that, if it can
be prevented , no clause, sentence or word shall be superfluous, void or
Sherman Shiraishi , Chairman
Charter Review Commission
Page 6 of 10
July 31 , 2009
insignificant, and the sense of a word which harmonizes best with the whole
context of statute and promotes in the fullest manner the apparent policy and
objects of the legislature must be adopted . Application of City and County of
Honolulu Corp . Counsel , 54 Haw. 356 , 507 P . 2d 169 ( 1973) . See also H , R . S .
sections 1 - 14 , 1 - 1 , and 1 - 16 re statutory construction .
The phrase included in both Art. VIII , section 2 and HRS section 46- 1 . 5( 1 )
requiring that each county "shall establish the county executive , administrative,
and legislative structure and organization", is interpreted by the County
Attorney's office to require each county within the state to have specific
separation of powers between the executive and legislative branches , which the
proposed council-county manager form would not have . Furthermore, so as to
not render either the , "legislative, executive, or administrative structure and
organization , " of the county superfluous , void or insignificant said branches need
to be substantive and not merely formal .
The proposed amendment would be contrary to both the text and the
intent of the State Constitution and the general laws of Hawaii , and therefore
illegal , for the following reasons :
1 . The State Constitution and the general laws on the subject clearly
and unambiguously call for the counties to establish a legislative , executive, and
administrative structure and organization of government .
2 . Passage of the proposed amendment would deprive the public of
their constitutional and statutory right to a democratically elected executive.
3 . The proposed council-county manager form of government would
deprive the public of a democratic governmental structure that employs checks
and balances that would ensure that no particular branch would get too powerful
and abuse the representative system of democracy. This is clearly illustrated by
the fact that the proposed amendment seeks to delete section 4 . 03 of the charter
thus extinguishing the executive veto power.
4 . Under the proposed amendment the council chair would be given
the title of "mayor" but would not exercise any executive authority. Such a titular
mayor would not satisfy the mandate of either the constitution or the general laws
on the subject.
Pros and Cons of the Proposed Council-County Manager system.
As stated the Office of the County Attorney does not believe that the
proposed council-county manager system of government is legal . However, per
the request of the charter commission the Office of the County Attorney will
x
Sherman Shiraishi , Chairman
Charter Review Commission
Page 7 of 10
July 31 , 2009
nonetheless address the pros and cans of such a system so that the charter
commission may be adequately informed as to their decision regarding the
proposed amendment.
1 . Lack of adequate prerequisites and or qualifications to be Mayor.
The proposed charter amendment opines that the current charter and
indeed the current governmental System of the County of Kauai does not impose
adequate prerequisites or qualifications to assure the qualities required for
running the "business of the county. " To quote the proposed charter amendment,
" [t]he only requirements set forth in the County Charter are that [the executive] is
to be 30 years of age and a county resident. " The proposed charter amendment
asserts that a county manager would , "assure the qualities required for running
the business of the county. " The Office of the County Attorney disagrees with this
assessment.
The gist of the proposed amendment is that the county is of such a size,
both population and budget, the traditional democratic form of governance is
inadequate and that the council-county manager system is superior because it's
better suited to run the "business" of the county. The logic of this statement does
not survive even elementary scrutiny because the entire United States with a
population of hundreds of millions and a budget of trillions operates under an
elected executive. Nonetheless, the Office of the County Attorney would like to
point out the two fundamental differences between a democratic government and
a business which is accountability and founding principles.
First, a business is accountable only to its own perpetuity and consistently
makes decisions according to the bottom line. A democratic government's
primary concern is the people which it governs. Whereas a business is
accountable to its stock holders a democratic government is accountable to its
citizens . Whereas a business will layoff employees and cut budget if needed a
democratic government can neither layoff or cut its citizens . Secondly, a
business is founded in the principles of economics while a democratic
government is founded on the principles of justice, equality, and law. And while a
democratic government should and indeed must make businesslike decisions at
times , it cannot be run primarily like a business and still retain its form .
Also the Office of the County Attorney believes that a distinction must be
made between a manager and a leader. A manager is someone who conducts
business while a leader directs with a commanding authority or influence . To
quote Peter trucker, an American management writer, "management is doing
things right; leadership is doing the right things. " Given the distinctions between
business and government the county of Kauai doesn 't need a business manager.
That position is already filled with the myriad of department heads and
Sherman Shiraishi , Chairman
Charter Review Commission
Page 8 of 10
July 31 , 2009
administrators that toil for the county daily. The county needs a leader who is
beholden to the people and who they chose.
Finally the proposed ordinance does not mandate that the county
manager be of any age nor does it require that the county manager be a resident
of Kauai for any period of time. The Office of the County Attorney has severe
reservations about the proposed amendment as it would potentially allow
someone with no community ties with little to no life experience to hold one of the
most important jobs in the community.
2 . The current executive branch of government interferes with the
council 's ability to enact public policy laws and investigate subjects
for which it is responsible .
This criticism misses the whole point of the American foram of
representative democracy that utilizes a system of checks and balances . Again
as previously stated American democracy is self- regulating and is divided
between branches of government so that one branch does not get more powerful
than the other. Of course this means that certain tasks are subject to a political
process , but to claim that an elected executive gets in the way of an elected
legislature is no more a fair criticism than saying an elected legislature gets in the
way of an elected executive so get rid of the legislature. Proposing that the
solution to the problems of American democracy is getting rid of American
democracy does not adequately address or solve the problem .
3 . The lack of accountability for performance of the administrative
functions of the county.
This statement is not true. There is a standard of accountability for
performance of the administrative functions of the county. If an appointed
department head or administrative official does not perform up to the mayor's
standards he or she may be let go . This fact is not changed whether or not there
is a mayor or a county manager making the appointments .
4 . The current system lacks continuity due to the mayor's appointment
power, which potentially could change the administrative structure
every four years.
This argument also rings hallow because at this time at least there is four
years of continuity within the system . Under the proposed system the county
manager would be appointed by affirmative vote of the council. Current terms for
council members are every two years . Therefore bath county managers and their
appointees would be facing possible termination every two years. If continuity is
Sherman Shiraishi , Chairman
Charter Review Commission
Page 9 of 19
July 31 , 2009
what the charter commission is seeking their ends will not be met by this charter
amendment.
5 . The political nature of the current system as it relates to the
executive and his or her appointees .
Changing the structure of Kauai' s government by getting rid of an
executive elected by the people will not rid the county of any perceived political
problems , it will only change their dynamics. The proposed system of council-
county manager government will have its own political problems . In fact every
democratic system has its own unique set of political problems . However,
depriving the people of Kauai an elected executive does not solve the "problems '
of American democracy it just deprives the people of a very important
mechanism that was specifically crafted to maintain the balance of power in a
system that is subject to various abuses of power.
6 . The size of Kauai's budget and population renders the current
system , "inherently and unacceptably inefficient, " and a councik
county manager system would solve all of Kauai's problems.
As previously stated this argument does not survive even an elementary
scrutiny. The United States of America contains nearly 300 million people and
has a trillion dollar budget and it operates under an elected executive.
Furthermore the U . S . government's civilian executive also presides over one of
the worlds single largest military complexes and is currently using government
monies to bail out a substantial number of companies that operate under
business managers that are beholden to a board of directors . To say at this time
of world economic crisis that the business model of doing things will solve
Kauai's perceived governmental problems is a claim that this office feels cannot
be made .
7 . At this time not enough is known about ICMA to advocate for their
style of local government.
This charter amendment corresponds with a presentation by Dave Mora ,
ICMA West Coast regional Director. The ICMA , or International City/ County
Management Association , is a non-profit corporation incorporated under the laws
of Illinois but based out of Washington D . C . Its revenue stream derives from a
diverse amount of sources including but not limited to membership dues ,
international contracts, training courses, consulting services, and corporate
partnerships. County managers from ICMA must adhere to ICMA's internal code
of ethics and constitution which the county has no say in . No information is
provided on what would occur if the proposed county managers duties as a
governmental officer would conflict with their dual role as a "full corporate
Sherman Shiraishi , Chairman
Charter Review Commission
Page 10 of 19
July 31 , 2009
member" of the ICMA , all county managers who are employed in a local
government are eligible to be full corporate members in the ICMA. Full corporate
members are then eligible to become life members of the organization with
corresponding benefits and privileges ,
Given all of these factors the Office of the County Attorney cannot say with
confidence that this push for a council-county manager type of government is the
result of honest advocacy or a public relations campaign by an international
corporate organization seeking to expand its influence and method of county
governance .
For the reasons stated above the Office of the County Attorney feels that
the proposed charter amendment to establish a county manager system form of
government for the county of Kauai would be both illegal and adverse to the
rights and freedoms of the people of Kauai .
MAUNA K A TRASK
Deputy County Attorney
APPROVED :
{ Ff
jVALFRED B . CASTILE , JR .
County Attorney
ATTACHMENT
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manager system offers the best opportunity for Kauai to have an accountable government.
CHARTER SECTIONS TO BE AMMESDED
1) Amend article VI EXECUTWE BRANCH per attached
2) Delete article V11 MAYOR and substitute article V17 COUNTY MANAGER
3)In the following Sections delete"mayor"and substitute"county manager
3.05
3.16 C
3.18(twice)
8.02
10.02
10.04 A.D,E and U
10.05
ii:0
12.02
12.03 D
12.04
13.02
13.03 F
14.03 A vW F
14.05 E
15.03 C
16.03
17.02
17.03 A and B
18.02(twice and in caption)
19.02 A and B
19.06
19.07 A and B
19.08 C(twice),D(twice)and F(twice)
19.10 A,B and C
19.11
19.15 a
19.18 A
19.19 B
20.04 A and C
2.3.01 D
23.02 D(twice)
23.07 A(twice)and B
23.09
23.13 B
23.14
24.03
28.05(twice)
29.03(twice)
31.02
31.031)
4) In the following sections amend as follows:
1.03 A Delete reference to"mayor"
1.03 B 1. Delete references to"ma in caption and tent`
1.03 C Delete references to "mayor"in caption and text
3.08 Change references to"mayor"in the caption and in the text to"county manager"
11.02 Police Commission, The police Commission shalt consist ofsscy embers appointed by
[the mayor with the approval of council.]
12.04 Fire Commission. Commission members shaH be appointed by the council and be
otherwise governed by the provisions of section 23.02 of the charter.
1 7.02 Delete"by the mayor with the approval of the"
23.02 B First sentence shall be amended to read: "The members of all boards and commissions
shall be appointed by the council."
29.06 Delete reference to the mayor.
5) Delete the following sections.
4.03A and B
6)Amend Section 3.07 A to read: "A.The coundi shall meet In the council room M the
county building or In the Kauai War Memorial Convention Hall for Its organbation
promptly aver its Inauguration and swearing In ceremony at which time It shall elect one
of Its members as[chairman]MEM and presiding oR#car. Until such time as the
[chairmanj is elected,the[mayor gglMlY eierk shag preside at the council
meetings,provided that the[nray el county clork shag not haw a vote.The council shall
also erect one of its members as deputy maraur tvtce•chaimanj who shag act as the
presiding atffCer In the event of the[c hairmsWel mayges absence. The council shall
appoint a presiding officer pro tompore from Its members In the event of the absence of
both the[chakrnanj and[vice-chairman]j2MM Lm 1 A majority of the entire
nwmborshlp of the council shag constitute a quorum and except as otherwise provided,
the affirmative vote of a majority of the entire membership shag be necessary to take any
a ctlon."
7) Add the following sections:
Section 3.19. Employment of a County Manager. The council is empowered to employ a
county manager for the county upon such tenns and conditions as the council may deem
advisable acrd, notwithstanding the provisions of Section 29.01 hereof,to set and change
from throe to time the convonsation to be paid to such county manager.K the o wnty
manager Is employed under a contract,such contract shalt not restrict the council from,
whenever the council may determine such action to be advissiblo, terminating the
employment of the county manager.
Section 320 Amen to Cgg . All reftrances;In the Kauai County Code at the
date of the adoption of this amendment tee"m shalt be deemed to refer to"county
martagwo unless the council uncg rmnlnes otherwise.
Section 3.21 MEM The council shall appoint a person who may be one of the Members of
the council to some as mayor and chair of the council of the county. The mayor shall
have such duties of non-inmogoment nature as the council time to
determine and shall serve at the pleasure of it*council. The salary of the mayor shalt be
as determined by the Salary COMMISSIOM In the event of the death, disablitly or
resignation of the mayor,the c ouncg shag appoint a successor.
AZaTCIK V:r
BRAIFM
Section 6.01. Executive Power. The executive Power of the
county shall be vested in and exercised by the executive
branch, which shall be headed by the [mayor) county manager.
Section 6.02. Organization. (Except as otherwise provided,
within six months after the effective date of this charter,
the mayor shall recommend and] The council shall by ordinance
adopt an administrative code providing for a complete plan of
administrative organization of the executive agencies of the
county government consistent with the provisions of this
charter. Upon recommendation of the [mayor) county manager,
the council may, by a vote of five members, change, abolish,
combine or re-arrange the executive agencies of county
government.
New functions may be assigned by the [mayor) county manager
to existing agencies, but to the extent that this is not
practicable, the council by a vote or five members may upon
the recommendation of the [mayor] E22p a create
additional departments. county e�r
Section 6.03. Creation of Advisory Committees. The [mayor]
county manager or department heads, with the approval of the
(mayor) county manager, may each appoint advisory committees.
Such advisory committees shall not exist beyond the term of
office of the appointing authority. The members of advisory
committees shall not be paid, but their authorized expenses
shall be paid from appropriations to the appointing
authority. Advisory committees shall have no employees but
each appointing authority shall cause employees of the
department to furnish such services as may be needed by the
committees.
Section 6. 04. Appointment and Removal. of Officers and
Employees.
A. The administrative assistant to the [mayor] count
manager, the county manager's staff and all department heads
shall be appointed and may be removed by the [mayor] county
manager, except as otherwise provided by this charter.
B. Department heads may appoint the necessary staff for
which appropriations have been made by the council.
Department heads may also suspend, discharge or discipline
subordinate employees as may be necessary for the proper
conduct of the departments and subject to the classification
and civil service laws.
Section 6.05. Powers and Duties of Heads of Executive
Agencies.
A. Subject to the provisions of this charter and
applicable regulations adopted thereunder, the heads of the
executive agencies of the county government are empowered to
assign and reassign duties, supervise, manage, and control
all employees and shall have the power and duty to make all
personnel actions as provided by law.
B. Each head of an executive agency of county government
may, subject to the approval of the (mayor] county manager,
prescribe such rules as are necessary for the organization
and internal administration of the respective executive
agencies.
ARTICLE V11
COUNTY MANAGER—DRAFT
Section 7.01. IqM of Qfdgg and Compensation. The county manager shall be appointed
by and shall serve at the pleasure of the county council and shall be compensated as
agreed with the county council
Section 7.02 Qualification& The county manager shall have at a minimum a master's
degree with a concentration in public administration, public affairs or public policy and
two years experience in an appointed managerial or administrative position in a local
government or a bachelor's degree and five years of such experience. Comparable
education,training and experience in non public administration may be accepted upon an
affirmative vote of 5 council membem
Section 7.03 Powers. Ihdiea and Jugggga&_Tbe county manager shall be the c hief
executive officer of the county and shall have the power and the duty for
'
A. Except as otherwise provided, exercise direct supervision over all departments and
coordinate all administrative activities to see that they are honestly,efficiently and
lawfully conducted.
B. Appoint the necessary members of his staff and other employ= and officers
whose appointments are not provided herein.
C. Create positions authorized by the council and for which appropriations have been
made,or abolish positions.
D. Make temporary transfers of positions between departments or between
subdivisions of departments.
E. Recommend to the salary commission for its consideration a pay plan for all
departinent beads, officers and employees who are exempt from civil service and
the position clamificatiozz plan.
F. Submit operating and capital budgets, together with a capital program annually to
the council for its consideration and adoption.
G. Sign instruintuts requiring execution by the county, including deeds and other
conveyances. except dim which the director of finance or other officer is
authori2td by this charter,ordiivu=or resolution to sign.
FL Present messages or information to the council which in his opinion are necessary
or expedient
DRAFT2
I. In addition to the annual report, make periodic reports informing the public as to
county policies,programs and aperatiorm
J. Have a voice but no vote in the proceedings of the county council and its
I committees and of all boards and commissions.
K Enforce the provisions of this charter,the ordinances and all applicable laws.
L. Provide such reports to the council as it may from time to time request
Nt Exercise such other powers and perform such other duties as may be prescribed by
this charter or by ordinance.
Section 7.04. VwAm in Office.
A. The county manager may appoint and remove an administrative assistant who shall
serve as his chief deputy. The qualifications of such administrative assistant shall be as
determined by the county manager. The compensation of the administrative assistant
shall set pursuant to Article X)OX of this Charter.
B. In, the event of a vacancy in the OTIM of the county manager, until a new county
manager is appointed, the chief deputy of the county manager shall serve as county
manager. In the event both the county manager and the administrative assistant am not
serving,the finance dirrctor shall act as county Manager until the new county manager is
appointed
Section 7.05 Boards and Commissions A Administrator
- _5bztor.
A. There shall be a boards and commissions admimstator and any necessary staff.
The administrator shall have such trammg, education or experience as shall
qualify the administrator to perform the duties described in this section. The
administrator shall be appointed and may be removed by the county managm
B. The administrator shall assist in providing administrative and operational support
to the various county boards and commissions. Such support shall includq, but not
be limited to, assisting in the recruu tment. orientation. education and training of
,board or commission members regarding thew powers, dudes, flinction and
responsibilities under the charter,especially as such powers, duties, fiructions and
responsibties may relate to the particular board or commission to which they
•have been appointed, helping to educate such members about state and county
ethics laws and the State Sunshine Law-,assisting the council to fill any vacancies
on anyS board or commission;being a resource to assist the various county boards
and commissions in gathering such infr 'era, documents and data as such
boards or commissions may deem necessary to perform its fimctions;serving as a
DRA F1'2 2
d commissions and the various county
the various lxaards' or commissions'
1 in timely fashion.
priation sufficient to provide the
. . five operational and clerical
Section 7.06
ffectiv
Date This amendment
mayor's term in 2010. Uvou passage of this amen�dme ,t.
completion of
is empowered to
conduct an executive satrch for the t osition of county manor= and to enter into
idate so that employment can bestiw upon
ot employed upon completion
of the mayor's term, the council shall emmloY an actin& county mana..ger to assume the
powers and duties sated in this ainendment. The acting county manager shall serve at the
pleasure of the council for a period not exceeding three months,
completion of the mayor's tern.
DRAFT 2
Tentative Timeline
Jan.-Jul. 2010 Draft of proposed Charter recommendations with pros/cons.
Proposed Charter amendments to legal consultant for review/draft
language.
Public informational Meetings/Hearings
Revise amendments asnecessary. Legal consultant to work onfinal
language for report and recommendations.
Proposed Charter Amendments sent for translation.
Aug.-Sept.2018 Final Report: Submission uf all Charter Amendment Ballot Questions to
County Clerk, Finalize voter education material (e.g. pro/con sheets)
Voter/Public Education Meetings on final recommendation
All Charter amendment question(s)due to State Chief Election Officer for
printing of ballot pursuant toHRS§11-119(b)
Finalize copy of pros/cons to Commission staff for formatting
Finalized and format copy ofprns/cons to County[|erKa Office
Publication of all proposed Charter amendments ina newspaper nf
general circulation |n the county pursuant toKaua'i County Charter
Section 34.OZ8. (Publish not less x4(in30Ja,x prior x/o/ocdoo,)
Oct.201$ Mail-out ofGeneral Election absentee ballots to overseas voters
General Election walk-in absentee polling period; pursuant toHR5§ 15'7
Nov. 2010 General Election
Exhibit 8
(Attachment D)
CHAR R. RMfM COMMISSION
Special Committee on County Governance
AUTHORITY:
The Special Committee on County Governance is hereby established pursuant to Section 92-2.5, Hawaii
Revised Statues and Rule 6, Rules of the Kaua'i County Charter Review Commission.
COMMITTEE MEMBERS:
Patrick Stack, Chair; Jan TenBruggencate; Joel Guy
SCOPE OF INVESTIGATION:
A Special Committee is hereby established by the Charter Review Commission to consider possible
amendments to the Kauai County Charter related to establishing a County Manager and other appropriate
methods of County governance.
The Committee may:
1. Research, request and arrange for experts to present information about the County/City Manager and
other appropriate methods of County/City governance;
(Note: Prior to requesting any expenditure of funds,the Committee shall ensure that any experts conduct the
necessary advanced research to determine whether the County Charter can be amended to provide for a County
Manager or other proposed system of governance and still conform to the provisions of the Hawaii State Constitution
and Hawaii Revised Statutes.)
2. Research and obtain written materials on the subject of the County/City Manager and other
appropriate methods of County/City governance; and
3. Consider public input regarding suggested changes in the authority of the Mayor and County Council
that it believes would be appropriate to the establishment of a County Manager and other appropriate
methods of County of governance.
The Committee shall prepare and submit a written report for consideration at a duly noticed meeting of the
Charter Review Commission. The report shall contain an overview of the Committee's findings and
recommendations as well as an explanation of any proposed amendments to the County Charter as may be
necessary or desirable to implement a County Manager or other methods of governance for the County of
Kaua'i.
SCOPE OF MEMBER'S AUTHORITY:
The authority of the members on the Special Committee on County Governance shall only be advisory in
nature and do not represent the views of the Charter Review Commission or the County of Kaua'i. The
Committee's findings and recommendations shall not be binding on the Charter Review Commission or the
County of Kauai.
Attachment E
2010 Special Committee on County Governance Report
to the Kaua'i County Charter Review Commission
Suhnodrm( by:
Chair Patrick Stack sod nxena6mreJnel Guy and Jun TonBrui�gencxre
S['(yP[' (]!ARGE AND AUTHORITY:
The Special Committee on County Governance was charged by the Kuuu'i Count,,, Charter Review
Commission oil Aprif 26, -7010 with conducting a thorough rev iew ofproposals to establish a Council-
County MunugcrOonnoFgnvcromco/ iuKuuu^iCounty,
-f-he Special Cncn/niuce was established pursuant to Section 92-21.5 of the |iavvu/i Revised Statutes and
Rule 6ufthe Kuuo'i County Charter Review Commission Rules.
The Special Committee was constrained by the authority given the Charter Review Commission under
the existing Kuuu'i County Charter. S«cduu 24-03 of the County Charter contains this authority: °Xm
the event the commission deems changes are necessary or desirable, the commission may propose
amendments tm the existing charter or draft a new charter which shall 6csubmitted tu the county
clerk." (Emphasis added) This is u key point. 7@e Charter Review Cnmnvbx/om is no/ux/hom:ed /S
/nm�pxb/� mx/V�rx suggested, m place an �em on the ballot x���m allow iw/e� to express their
choice.
There are three vehicles for placing charter amendments on the ballot as follows:
i. The people can act directly through petition.or
2. -File people can convince the County Council to place an issue on tile ballot, or
3. The Charter Review Commission can review the structure of the County Charter and make
recommended changes.
The Special [urumdtcc was instructed to prepare m written npmu to the Charter Review Commission.
unntuinin� its findings and mzumoncndu�mns. This is that rcpo�.
DEL/D£R,<[/blNO:
The Special Committee and sc/l f spent uconsiderable amount of time and unoumzo in nzxcuohio , zke
multiple facets of this complex xybjiccL [he Special Committee on County Governance conducted five
committee meetings which were field on `,[uy |4. May 24. \|uy27. June AondJunc |&` 2(}|0.
Additionally, community meetings were field Julie 14, 2010 at the Princeville [mmmuni:y [«m<ur. Julie
)i. 20|0 at the [!hue Neiohborhood ('enter and on Julie 17. 2010 at the |!zoapwpe NeiohbmrhouJ
['enter, 0c topic listed on tile flyer Kir these meetin'tts mw �hould the current form o[Lovernnen( be
�hunaudmu ('*unt� ('ounci!�lun� Manager hxnno[gupennnux[,r [«nuf1he community nn�bugx
xcnc nzurJcd torxi�n� .`n Uo'ike PuNiu |c|evi*ion.
|
Notice of those nnceiogm was duly publicized, including being submitted to community organizations,
the rncd{a_ posted in public places and listed on the county wcbshe. Aprcss release announcing the
cocnozuoityooeedni� ocbcdUlrv/us issued ooJune 3. 2010 printed io the local newspaper and was posted
thereafter oo the county wetnde. at kauai gov,
The Special Committee studied nzuoiciou| governance moJc|o in other communities.
testimony, reviewed documents. and considered previous efforts by the Kauo'i Charter Commission to
address the County klanager syeneo.
Using as its starting point were suggested amendments tothe County Charter that were submitted by
tbc -CidzcosAd@oc Committee for a County Mo=_Yer System.`'The Special Committee drafted onew
78-pogc proposed County Charter that would establish uCounty I'vlunugc/ fonn of govcnnmcoL This
dnott Charter was posted on the county vvebnde and m synopsis was prepared br the Ud5cc of Boards
and Commissions for distribution at community meetings.
The draft charter proposed acoumty govcnnuooc mym{om in which citizens would elect six rocznbmra of
County Council, and would separately elect u Maywr. The &{aIoc would sit as chair of the County
Council and would have limited administrative authority,
The Mayor and County Council would tngo<buz sc|ccz u professional County Manager. The County
Manager under this system would be charged with the udrniuietooiou of county mDairm, including the
appointment ofdepartment bcuda uu}cms otherwise provided for in the Charter.
Y0BL<[ IE8TlMONY-
Puh|ic testimony onthe proposed governance system was robust and diverse. |( came 0a the committee
in many D/nns, including direct verbal curnnnuoicuheom` testimony at public noceduga, c)cchnuic
messages. signatures onpetitions. letters and snforth.
There was no consensus ou this issue, although o significant majority iavoozdretoiuingthecuocu|
Mayor-Council bono of government. Of roughly 100 unduplicated names on the public ruec{iog sign-up
ubceto. 93 indicated they were ccgia1eccd voters. Those opposing placing the County Manager system on
the ballot outnumbered those in favor bY about 2 to ) (49 Co28). &cLuo/ vcrhu{ testimony was more
strongly in favor of the current system (58 to 20, A few indicated they were undecided or did not
indicate their preference. Additional written testimony from individuals not represented in the above
counts was 4opposing and one io support of the County Manager system. Not included inthese
numbers are more than 7OD signatures ou petitions favoring the current Mayor-Council system.
The Special [onocnhtee focused on ideas for iropmovioo the fbuctiooiot, of couolyoovcromoeuL and the
Charter standard o[desirability and necessity
Here iyu random sampling oCihc testimony the Special Committee collected:
voters should he allowed |o determine how they want tobe Lovcrocd.-
j- -T��oumn'1tuke the politics out of"government. That iwn'tgoiu� iohappeu.-
1 see a tremendous amount ofinefficiencv in county govcrrimcrit,
,,o, --Efectinu the best people to serve in the positions is how you get good g-overnincrit... Changing
the structure does not necessarily make good government,-
No broke. no fix,,.
"The manager system has its own problems.
"I would rather have a mayor elected by a majority of voters than have a (a countcounter
manager}
foisted on me by four members of the Council,—
I ask that you preserve the right to vote. An appointed manager is not accountable to the
people, but to the Council."
Ve need a separation of powers."
"It is very difficult to lead by committee."
'-A manager has to answer to seven people-, It's like a merry-go-round."
Although the present system is not perfect. I think it is -working... I don't want an outsider
feeling coming in(who has)no
t� -_ for what the people need."
In addition to individual testimony in various forms. the Special Committee also received petitions with
the signatures of more than 700 individuals, which argued for maintaining the current Mayor-Council
form of government. The petition signatures were placed under this language: %Ve the undersigned, as
residents of the County of Kauai. do NOT agree that a County Manager form of government would be a
positive change for Kauai. We support the current Mayor-Council form of government because it
maintains separation of powers between the branches of government and provides for an executive
head of government who is directly accountable to the people. By our signatures, we ask the County of
Kauai Charter Review Commission to NOT place on the ballot a measure that could change our form of
government to anything other than the current Mayor-Council form.
NARRATIVE:
There are many ways to review the proposal for a county manager form of government. The simplest
way is to simply count votes. The vast majority of inputs the Special Committee has received from the
public opposes the County manager system. But there have been frequent. long-term and well-reasoned
arguments in its favor by a small group of committed citizens. Including the petition, the committee
counted hundreds of inputs on behalf of the current system and a few dozen on behalf of the County
Manager system. Even without the petition, the support for the Current system significantly outweighed
support for the County Manager system. Ale note that in passing, but counting votes is not the Special
Committee's assignment,
An important measure is whether the proposed system passes legal muster, which requires an opinion
from the County Attorney andior the state Attorney General. We have not received a legal opinion on
this specific proposal. State law requires a --county executive. administrative and legislative structure,**
I
That structure is required in two different parts of the 'taw of our state: Article VIII of the state
constitution and Hawaii Revised Statutes Section 46, But making legal determination is not our
assignment.
z:-
The Charter Review Commission's authority and thus the Special Committee's authority under the
County Charter is to --study and review the operation of the county and to recommend changes I zn es that it
feels are "necessary or desirable." Setting aside our own 'judgment is not within our authority. If the
mernbers of this Special Committee were to move forward an issue the committee members do not feel
is necessary or desirable, simply to give voters a chance to make a selection. we would violate our oaths
to defend the County Charter.
Our assignment is to determine, after our own honest, extensive and considered review, whether the
proposed form of government is a better form of government for this county at this time, or if it
represents a necessary change. If we believe that it is. then we should recommend putting it on the
ballot. If not, we should not.
FINDINGS:
The Special Committee on County Governance finds that a Council-Manager form of government is a
viable rneans of governing a municipality, The Committee finds that the Council-Mayor form is also a
viable system, and one with a long history in f lawai'i and on Kaua'i.
The Special Committee finds that a large majority of individuals testifying or otherwise providing
information to the committee favor retaining the current Council-Mayor system, for a variety of
reasons. One often repeated reason was to have a direct voice in the selection of the county
administrator, rather than an indirect voice through selection of a county manager through a single
Mayor-Council panel.
The Special Committee Finds that a key argument for the Council-Manager form of government is that
it provides for an administrator for the county who has specific education and experience in
management. The Committee finds that such experience could also be mandated for a mayoral aide
under the current Mayor-Council system.
The Special Committee finds that a County Manager would be unable to function with the flexibility
envisioned by some proponents due to legal limitations on his/hcr authority. In part, this is because
under existing state law and county charter provisions. a County Manager would not be able to appoint
many of the county's chief department heads. State law requires the personnel director and liquor
control department head to be appointed by commission, and county charter requires the planning
director. water department manager and the police and fire chiefs to be appointed by commission. A
Mayor is similarly limited in oversight.
The Special Committee finds that the County Manager system removes certain checks and balances
from county government, including the -veto power of a may-or over legislative measures. and the
4 1 P
development of recommended budget under uu elected administrator and its approval bYuuelected
legislative body.
The Special Cummittec finds no fundamental flaws with the Council-Manager form m[government, but
does not find that it inherently superior ko Kuoal's current form mfgovernment, and does not find that u
change from the current system is necessary or desirable for the effective functioning of government.
RECOMMENDATION.
The Special, Committee on County Governance, by unanimous vote, ccc0000meodo against p/auiog u
measure for m Council-Manager form of government on the 2010 (3eoecu| Election builuL The
oonuroiocc, accordingly, recommends the adoption ofthis report, and further recommends that the issue
ofa Council-Manager form of�ovennrneuthc postponed iudu�ndc}}c
NOTES dFAPPREC{A[lDY4�
An enormous uuzouut of work went into the consideration of this issue, and we express our special
thanks to the staff of the county Office of Boards and Commissions for their tireless work on behalf of
the committee's investigation.
And thanks to the member-, of the Citizens Ad Hoe Committee for a County Manager System.; notably
(}leuoMickeos, Ken Taylor, Walter Lewis and Rich Rocppoer, who provided vu1oab|u assistance iuour
deliberations, including uo initial list nf proposed changes to the Kauai County Charter.
And additional thanks to the hundreds ofKuuo'i residents who took the time tu attend public meetings,
submit written or oral testimony at public meetings, sign petitions, make telephone calls, send emuils
and ytonncc us on the street to express their conoecum. Tbuoka also 0o 8o`Oke Public Television for
television coverage and Lo The Garden Island newspaper for its news covcnagr:,
Suhooi ' (� /l
Patrick Stac- Date
/ O
oel her Date
JaA TenB Member D6eL-
���������
�mm�w��m��m�m
(Attachment F)
Voter Education Strategies
Public Education for Charter Commission Charter Amendments
Strategy: Conduct a balanced, objective public education campaign on the Charter Amendments.
Tactic I Prepare public education materials according to OBC timeline.
Tactic 2 OBC and FMPR create information paper on amendments proposed by the Charter Commission
by 8/11 in time for attorney review on 8.116. Information paper to be finalized by 91'14.
Submit by August 27 camera-ready copy of Explanation of County Charter Amendments to
KIUC for inclusion in the October issue of their Currents magazine—
Tactic 3 September 28: Mail-out of Absentee Ballots(via County Elections) with insert of Explanation
of County Charter Amendments
September 29: Legal publication of text of proposed Charter amendments in The Garden Island
newspaper in accordance with Kaua'i County Charter §24.02 B and §24.03
Tactic 4 October 1: Submit Public Service Announcements (PSAs) approved by the Charter
Commission:
Targeted to Mass Media far General Kaua'i Publie:
■ Send to all Kaua'i radio stations (request that DJ read I question per :30 spot)
■ In addition, possibly have Ron Wiley interview Jan TenBruggencate (provide questions for
him to ask in advance)
Tactic 5 Week of October 4:
E-mail blast of Explanation of County Charter Amendments to
■ Department heads (with list of public education tactics)
■ Charter Commissioners (with list of public education tactics)
■ All other Boards and Commission members
■ All County employees
■ Kaua'i Chamber of Commerce Government Affairs Committee(request to disseminate to
members of the Committee, Board, and email to entire Chamber membership)
■ Kaua'i Visitors Bureau (request to email to Board and membership)
■ Kaua'i Economic Development Board (request to email to Board and membership)
■ Po'ipu Beach Resort Association (request to email to Board and membership)
■ Hawai'i Hotel and Lodging Association—Kaua'i Chapter(request to email to Board and
membership)
■ Kaua'i Planning and Action Alliance(request to email to Board and membership)
■ Kaua'i Filipino Chamber of Commerce (request to email to Board and membership)
■ Lihu'e Business Association (request to email to Board and membership)
■ Kapa'a Business Association (request to email to Board and membership)
■ West Kaua'i Business and Professionals Association (request to email to Board and
membership)
■ North Shore Business Council (request to email to Board and membership)
• Rotaries (request to email to membership)
• Neighborhood community groups, including Koloa Community Association, etc. (request to
email to Board and membership)
• League of Women Voters
Distribution of Explanation cif County Charter Amendments Targeted to General Public:
• Post at Senior Centers, Neighborhood Centers—distribution through Parks & Recreation
Office
■ All public libraries, including Kaua'i Community College library
• County Facilities: Mayor's office; Camping Permit Counter: RSVP (Retired and Senior
Volunteer Program)desks; Buildings Division Counter; Parks & Rec Office; Department of
Personnel Services, County Clerk's Office
■ County bulletin boards (as a public notice)
■ Post links to the full text of the amendments on www.kauai.gov homepage and Charter
Amendments page (wwwkaual orov/charteramendments)
Tactic 6 October 6: MidWeek Kauai Informational Insert (distribution: 30,900) —2-sided 8 112 x I1
insert - $1,890.00
October 7: Ho'ike taping with Mayor Bernard Carvalho, Jr., discussing the proposed Charter
amendments with Commission members for the Together We Can show.
October 18— November 2: Place Explanation oj'County Charter Amendments at all:
• Polling places (Walk-In voting site and all election polling places via County Clerk)
Considerations:
Write and submit a news release:
Targeted to 11ass i,Vedia for General Kaua'i Public:
■ General release about charter amendment questions and where people can learn more about
the questions. Send to "The Garden Island" and "MidWeek Kaua'i."
■ Public presentations by Charter Review Commission members on the Explanation of County
Charter Amendments
C}F
County of Kauai Charter Review Commission
4444 Rice Street, Suite 150
Lihu`e,Hawaii 96766
(Attachment G)
EXPLANATION OF COUNTY CHARTER AMENDMENTS
PROPOSED IN THE 2010 GENERAL ELECTION
RELATING TO COUNTY COUNCIL TERMS
"Shall the term of office for councilmembers be extended from two to four years with a limit of two consecutive four year
terms?" Vote YES or NO
Background: Currently,councilmembers can serve a maximum of four consecutive two year terms.
Explanation: This proposed Charter amendment will allow councilmembers to serve two consecutive four
year terms. Councilmembers who have already served two consecutive four year terms may only seek
reelection to the office of County Council after one election cycle has elapsed.
RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR
"Shall the Mayor's Administrative Assistant, whose title shall be changed to Managing Director, be required to have
appropriate job qualifications and perform certain duties?" Vote YES or NO
Background: Kauai is the only County with an Administrative Assistant rather than a Managing Director.
Currently, the Administrative Assistant must be 30 years of age and meet all requirements as a registered
voter on Kauai for at least three years prior to assuming the job.
Explanation: This proposed Charter amendment changes the Administrative Assistant title to Managing
Director and would add the following minimum qualifications: (1) Bachelor's degree from an accredited
institution in public administration, business, or a related field and(2)At least five years experience in an
administrative or managerial position.
The amendment also clarifies the duties of the Managing Director to include: (1) Serve as the Mayor's
principal administrative aide; (2) Oversee the administrative functioning of all administrative
departments; (3) Prescribe administrative standards and evaluate the performance of all departments
under the Director's oversight; (4) Attend County Council meetings and provide information and reports
as required; and(5)Perform other duties as required by the Charter or assigned by the Mayor.
RELATING TO FINANCIAL PROCEDURES
"Shall the Charter provisions relating to centralized purchasing and disposition of surplus property be changed to conform
with State law:'" Vote YES or NO
Background: Several existing Charter requirements regarding the County's financial procedures are
outdated and have never been changed since they were approved in 1969.
Explanation: This proposed Charter amendment updates the County's financial procedures regarding centralized
purchasing and disposition of surplus property to conform to current State law.
RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS
"Shall the dollar limit without competitive bidding for contracts with County officers,employees or firms in which an officer
or employee has a substantial interest,be increased from$500 to$1,000?" Vote YES or NO
Background: The Charter currently requires a competitive bid process whenever the County enters into a
contract of$500 or more with a County officer or employee or a company in which an officer or employee
has ownership or substantial interest.
Explanation: This proposed Charter amendment increases the dollar amount required for competitive
bidding ftom $500 to 51,000 when the County enters into contracts with a County officer or employee or a
company in which an officer or employee has ownership or substantial interest.(Emphasis added)
RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY CONTRACTS
"Shall the County extend from six months to one year the timeframe prohibiting the County from entering into a contract
with a former County employee or a firm that is represented by a former County employee, for those contracts where the
former County employee participated in the subject matter while employed with the County?" Vote YES or NO
Background: The Chatter currently prohibits the County from entering into a contract with a former County
employee or firm that is represented by a former employee for a period of six months where the former
employee participated in the matter while employed with the County.
Explanation: This proposed Charter amendment increases the time a e from s months to one year in
ft In I �v -
which the County is prohibited from entering into a contract with a former County employee or firm that is
represented by a former employee where the former employee participated in the matter while employed with
the County. (Emphasis added)
RELATING TO DISCLOSURES
"Shall any employee delegated to act on behalf of the Director or Deputy Director of Finance be required to file a
disclosure statement with the County Board of Ethics?" Vote YES or NO
Background: The Purchasing Agent is the only non-appointed County employee who is required to file a
disclosure statement with the County Board of Ethics.
Explanation: This proposed Charter amendment expands the requirement for those who must file a
disclosure statement with the County Board of Ethics to include any County employee who is delegated to
act on behalf of the Finance Director or Deputy Finance Director. The disclosure statement includes
information on the employee's employment, finances,business interests and real estate holdings.
RELATING TO THE EXTENSION FOR ETHICS ADVISORY OPMONS
"Shall the time in which the County Board of Ethics has to render advisory opinions be extended from 30 days to 45 days,
which opinions shall be binding on the Board, unless changed or revoked by the Board?" Vote YES or NO
Background: The Board of Ethics is currently required to render an advisory opinion within 30 days from
the date of the initial request. Because the Board of Ethics typically meets monthly, it can be difficult to
gather information and conduct the research necessary to render an advisory opinion within 30 days of the
request date.
Explanation- This proposed Charter amendment extends the time in which the Board of Ethics must
render advisory opinions from 30 days to 45 days and requires such opinions to be binding on the Board until
they are amended or revoked.
For complete information or copies on Charter Amendment proposals,please go to
www.katiai.gov/boardsandcommissions and click on"Charter Review Commission"or contact the Office of
Boards and Commissions at 241-4919 or the Elections Division at 241-4800 or TTY at 241-5116 during normal
business hours.
(Attachment H)
Public Service Announcements (PSA's)
Contact: Office of Boards and Commissions
Phone: (808) 241-4919
PUBLIC SERVICE ANNOUNCEMENT #1
(:60 Second Spot)
Start Date: October 1, 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kauai County Charter
amendments? Seven amendments, or changes, proposed to the Kauai i County Charter will appear on the 2010 Gen(
Election ballot on November 2, 2010.
One of the amendments that you will vote on is:
"Should the Kauai County Charter be amended to allow councilmembers to ,verve two consecutive four year
terms?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
www.kauai.,govilb)ardsaiidcommissions and click on the link to "Charter Review Commission" or contact the Office
Boards and Commissions at(808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
PUBLIC SERVICE ANNOUNCEMENT #2
(:60 Second Spot)
Start Date: October 1, 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kaua'i County Charter
amendments? Seven amendments, or changes, proposed to the Kaua'l County Charter will appear on the 2010 Gene
Election ballot on November 2,,2010.
One of the amendments that you will vote on is:
"Should the Kaua'i County Charter be amended so that the Alayor'v Administrative Assistant, whose title shall b,
changed to Managing Director, be required to have appropriate job qualifications and perform certain duties?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
www.katiai.a0v/6oardsandcommiss ions and click on the link to "Charter Review Commission" or contact the Office
Boards and Commissions at(808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
PUBLIC SERVICE ANNOUNCEMENT#3
(:60 Second Spot)
Start Date. October 1, 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kaua'i County Charter
amendments? Seven amendments, or changes, proposed to the Kauai County Charter will appear on the 2010 Gent
Election ballot on November 2, 2010.
One of the amendments that you will vote on is:
"Should the Kauai County Charter be amended to change the existing County financial procedures regarding
centralized purchasing and disposition of surplus property to conform to current State law?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
www.kauai.;)-ov/boardsandcommissions and click on the link to "Charter Review Commission" or contact the Office
Boards and Commissions at(808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
PUBLIC SERVICE ANNOUNCEMENT #4
(:60 Second Spot)
Start Date: October 1, 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kaua'i County Charter
amendments? Seven amendments, or changes, proposed to the Kaua*i County Charter will appear on the 2010 Gen(
Election ballot on November'-', 2010.
One of the amendments that you will vote on is:
"Should the Kauai County Charter be amended to increase the dollar limit without competitive bidding for
contracts with County Officers, employees or firms in which an officer or employee has a substantial interest fret
$500 to $1,000?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
www.kaual.�o,,,,/
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
wwA,,.kauai.�o-v,/bf)ard-s,-tndcoi-ni-nis,sion,s and click on the link to"Charter Review Commission" or contact the Office
the Boards and Commissions at (808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
PUBLIC SERVICE ANNOUNCEMENT #6
(:60 Second Spot)
Start Date: October 1, 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kauai County Charter
amendments? Seven amendments, or changes, proposed to the Kauai County Charter will appear on the 2010 Gent
Election ballot on November 2, 2010.
One of the amendments that you will vote on is:
"Shall the Kaua'i County Charter be amended to require that a disclosure statement be filed with the County Bo(,
of Ethics for any employee delegated to act on behalf of the Director or Deputy Director of Finance?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
www.kauai.i!ov/boardsandcommissions and click on the link to "Charter Review Commission"or contact the Office
Boards and Commissions at (808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
PUBLIC SERVICE ANNOUNCEMENT #7
(:60 Second Spot)
Start Date: October 1. 2010
Stop Date: November 2, 2010
Did you know that the Kaua'i County voters have the right to vote on all proposed Kaua'i County Charter
amendments? Seven amendments, or changes, proposed to the Kaua'i County Charter will appear on the 2010 Gent
Election ballot on November 2, 2010.
One of the amendments that you will vote on is:
"Shall the Kaua'i County Charter be amended to extend the time in which the County Board of Ethics has to ren
advisory opinions from 30 days to 45 days, which opinions shall be binding on the Board, unless changed or revo
by the Board?"
To learn more about this question and other Charter amendment questions on the General Election ballot go to:
wwLA,,,,kauai,AN,,,/,'-board,satidcomtiiis,sions and click on the link to "Charter Review Commission"or contact the Offict
Boards and Commissions at (808) 241-4919.
This public service announcement is brought to you by the Office of the County Clerk and the Office of Boards and
Commissions of the County of Kaua'i.
(Attachment 1)
2010 Charter Amendment Proposals
RELATING TO COUNTY COUNCIL TERMS
1. Charter Text
ARTICLE III
COUNTY COUNCIL
Section 3.03. Terms.
The [terms] term of office of councilmembers shall be for [two] four years beginning at
twelve o'clock meridian on the first working day of December following their election. No
person shall be elected to the office of councilmember for more than [four] two
consecutive [two] four year terms. After the expiration of two consecutive terms, no
person shall be eligible to be reelected to the office of councilmember until one election
cycle has elapsed after such service.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall the term of office for councilmembers be extended from two to four years with a
limit of two consecutive four year terms?"
RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR
1. Charter Text
ARTICLE VII
MAYOR
Section 7.07 Vacancy in Office.
A. in the event of a vacancy in the office of the mayor, the council shall
select, by majority vote, one of its members as mayor to serve until the next general
election and assumption of office in December by the person elected mayor. The
vacancy in the council shall be filled as provided for in Article III, Section 3.05 of the
charter. In the event the vacancy occurs prior to the mid-term election, the person
elected mayor in the general election shall serve only for the unexpired term of the
mayor elected in the prior election. In the event the vacancy occurs later than three (3)
days prior to the closing date for filing of nomination papers for the mid-term election
the mayor selected by the council shall continue to serve for the remainder of the term
of the person he succeeded. The forgoing provisions shall also apply in the event the
person elected as mayor dies before taking office.
B. During the temporary absence from the county or temporary disability of
the mayor, or in case of a vacancy in the office of the mayor, until a new mayor is
appointed or elected, the [administrative assistant] managing director shall act as
mayor. In the event both the mayor and the [administrative assistant] managing
director are temporary absent or disabled, the finance director shall act as mayor during
said period.
[(1) The mayor shall appoint and may remove an administrative assistant
whose qualification shall be the same for the position of mayor. The salary for the
administrative assistant shall be set pursuant to Article XXIX of this Charter. The
administrative assistant shall serve as the mayor's principal administrative aide.]
C. In the event the person elected as mayor dies before taking office, the
person serving as [administrative assistant] managing director at the termination of the
prior term shall continue to serve as acting mayor until a new mayor is elected.
Section 7.08 Managing Director.
The mayor shall appoint and may remove a managing director. The managing director
shall be a citizen of the United States not less than thirty (30) years of age and a resident
elector of the county at least three years immediately prior to his appointment. The
managing director shall have at least five years experience in an administrative or
managerial position with at least a bachelor's degree from an accredited institution in
public administration, business or a related field.
A. Powers, Duties and Functions. Except as otherwise provided and under
the supervision of the Mayor, the managing director shall:
(1) Serve as the mayor's principal administrative aide.
(2) Oversee the administrative functioning of all administrative departments.
Lj) Prescribe standards of administrative practice to be followed and evaluate
the management and performance of all administrative departments under the
director's oversight.
L41 Attend meetings of the council and its committees upon request and
provide information and reports as they may require.
(5) Perform all other duties as required by the charter or assigned by the
mayor.
B. The salary for the managing director shall be set pursuant to Article XXIX
of this Charter.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall the Mayor's Administrative Assistant, whose title shall be changed to Managing
Director, be required to have appropriate job qualifications and perform certain
duties?"
RELATING TO FINANCIAL PROCEDURES
1. Charter Text
ARTICLE XIX
FINANCIAL PROCEDURES
Section 19.19. Centralized Purchasing.
A. The department of finance shall be responsible for the procurement of all
[materials, supplies, equipment and services] goods, services and construction required by
any department, office or agency of the county, except the Department of Water.
[B. There shall be a standardization committee composed of three members. The
mayor shall appoint two members, each of whom shall be from a separate department.
The third member shall be a representative of the department of finance who shall serve
as chairman of the committee. The committee shall classify all materials, supplies,
equipment commonly used by the various departments, offices or agencies of the county
and shall prepare and adopt standards and specifications for such materials, supplies and
equipment.
C. All Purchases and contracts for materials, supplies, equipment and services shall
be made by advertising for bids, except that such purchases and contracts may be
negotiated without advertising if
(1) The Public necessity will not admit of the delay incident to advertising.
(2) For materials, supplies and equipment, including animals and plants, patented
or proprietary articles, books and publications and professional services for which it is
impracticable to secure competition.
(3) For equipment determined to be technical equipment and as to which it is
determined that the procurement thereof without advertising is necessary to assure
standardization of the equipment and interchangeability of parts, and that such
standardization and interchangeability are necessary in the interest of economy.
The advertisement for bids shall be made a sufficient time before the purchase or contract,
and specification and invitations for bids shall permit such full and free competition as is
consistent with the procurement of the types of materials, supplies, equipment and
services necessary to meet the requirements of the department, office or agency
concerned.
All procurements shall be conducted pursuant to state law. Competitive bidding thresholds
lower than the bidding thresholds established under state law may be enacted by
ordinance.
All bids shall be publicly opened at the time and place stated in the advertisement. Award
shall be made with reasonable promptness by written notice to that responsible bidder
whose bid conforming to the invitation for bids will be most advantageous to the county,
price and other factors considered.
D. Purchase orders shall be submitted to the office of the director of finance for
approval as to availability and designation of funds and no purchase order shall be valid
without such approval.]
B. All procurements shall be conducted pursuant to state law.
[E.] C. The director of finance shall, from time to time, secure from all agencies
estimates of their needs for articles of common use and shall, when practicable,
consolidate requisitions in order to secure the benefits of quantity purchases and to that
end [when authorized by the council], cooperate with other public agencies.
[F.] P. The director of finance may, by rules, provide for[:] petty cash funds.
[(1) Emergency purchases which might be required.
(2) Petty cash funds or blanket purchase orders, or both.]
[G.] E. All county storerooms (other than departmental) shall be supervised and
operated by the director of finance.
[H.] F. The director of finance shall require such guarantees of performance by
vendors as in his opinion may be necessary or may be prescribed by ordinance.
Section 19.20. Disposition of[Personal] Surplus Property.
Surplus property means any property that no longer has any use to the agency or
department that has custody of the item. All 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, [furnish]
circulate a list [thereof to the director of finance who shall circulate such list] of surplus
items to the various departments and agencies of the county[; and, if the same is found to
be usable, it shall be returned to the general storeroom or inventories for subsequent
issue upon requisition] or other governmental agencies for redistribution and use. If [it]
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 [informal]
sealed bid with or without advertising, to the highest bidder for not less than the minimum
price established by the director of finance. Advertised auctions shall be published on two
non-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 [placed in the fund from which the original
purchase was made] 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 the direction of the director of finance. The means by which
said items are to be disposed of shall be determined solely by the director of finance or
designee, provided such means are legal and appropriate for the specific item.
Surplus property having little or no monetary or salvage value as determined and certified
by the director of finance or designee, and further determined to be impractical to be
offered by auction, may be legally disposed of.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall the Charter provisions relating to centralized purchasing and disposition of
surplus property be changed to conform with State law?"
RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS
1. Charter Text
ARTICLE XX
CODE OF ETHICS
Section 20.03. Contracts.
A. The county shall not enter into any contract with an officer or employee or with a
firm in which an officer or employee has a substantial interest involving services or
property of a value in excess of [$500.00] $1,000.00 unless the contract is made after
competitive bidding.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall the dollar limit without competitive bidding for contracts with County officers,
employees or firms in which an officer or employee has a substantial interest, be increased
from $500 to $1,000?"
RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY CONTRACTS
1. Charter Text
ARTICLE XX
CODE OF ETHICS
Section 20.03. Contracts.
B. The county shall not enter into a contract with any person or firm which is
represented or assisted personally in the matter by a person who has been an employee of
the agency within the preceding [six months] one year and who participated while in
county employment with the subject matter of the contract.
Note: Charter material to be repealed is bracketed. New charter material is underscored
2. Ballot Question
"Shall the County extend from six months to one year the timeframe prohibiting the County
from entering into a contract with a former County employee or a firm that is represented by a
former County employee, for those contracts where the former County employee participated
in the subject matter while employed with the County?"
RELATING TO DISCLOSURES
1. Charter Text
ARTICLE XX
CODE OF ETHICS
Section 20.04. Disclosure.
A. The mayor, councilpersons, all department heads and deputies, members of
boards and commissions and the purchasing [agent] administrator, and any employee
delegated or authorized to act on behalf of the director of finance and the deputy director
of finance in their absence shall, within thirty (30) days of assuming office, file with the
board a list of all real property within the county in which he has any right, title or interest,
a list of all business firms which contract for county business in which he has any interest,
and all their places of employment, including part-time employment, all sources and
amounts of income, business ownership, officer and director positions, debts, creditor
interests in insolvent businesses and the names of persons represented before
government agencies. Amendments to the list, including additions, deletions or changes in
title, interest in property or of employment, shall be made within thirty (30) days of the
occurrence of the amendment. The list shall be a matter of public record.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall any employee delegated to act on behalf of the Director or Deputy Director of
Finance be required to file a disclosure statement with the County Board of Ethics?"
RELATING TO TIME EXTENSION FOR ETHICS ADVISORY OPINIONS
1. Charter Text
ARTICLE XX
CODE OF ETHICS
Section 20.05 Board of Ethics. There shall be a board of ethics.
D. it shall be the function of the board:
(2) To render advisory opinions or interpretations with respect to application filing
and request. All requests for advisory opinions shall be answered within [thirty (30)] forty
five (45) days of its filing and failure to submit an advisory opinion within said [thirty (30)]
forty five (45) days shall be deemed a finding of no breach of the code. Opinions rendered
or deemed rendered shall be binding on the board in any subsequent charges concerning
the officer or employee of the county until said opinion is amended or revoked by the
board.
Note: Charter material to be repealed is bracketed. New charter material is underscored.
2. Ballot Question
"Shall the time in which the County Board of Ethics has to render advisory opinions be
extended from 30 days to 45 days, which opinions shall be binding on the Board, unless
changed or revoked by the Board?"
/s/Carol Suzawa /s/ Peter A. Nakamura
Chairperson County Clerk
Charter Review Commission County of Kauai
Attachment J f.)F
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
,JAY FURFARO.CHAIR Council Services Division
JOANN A. YL KIM URA,VICE CHAIR Elections Division
'r I'M B y_N11 U NNI 01
DICKIE CIIANG PETFR A, NAKANIURA,County Clerk
EDUARDO T'OPFNIO,JR.,Deputy County Clerk
DEREK S. K. KAWAKA,\41
NADINE K NAKAMt,.�RA of:
MEL RAPOZO 33'1_A WIL Felephone� (808)'41-4188
Facsimile, (808)241-6349
COX ROAD
LIIIU'F-,KAUA-1,HAWAPI 96-766
E-mail:cokcounciI,-d;kauai.gov
December 7, 2010 DEC T 20W
The Honorable Carol Suzawa, Chair
& Xlembers of the County of Kauai Charter Review Commission BOARDS & COMMISSIONS !
c/o Office of Boards & Commissions
IN'Tolkeha Building
4444 Rice Street, Suite 150
Lihu'e, Kauai, HI 967166
Dear Chair Suzawa & X'Tembers of the Charter Review Commission:
SUBJECT: CERTIFICATE OF ALL RESULTS
2010 CHARTER AMENDMENTS
Attached please find the Certificate of All Results for the 2010 County of
Kaua'i Charter amendments that were duly voted upon at the General Election held
on Tuesday, November 2, 1010, in the County of Kaua'i.
Please feel free to contact the Office of the County Clerk — Elections Division
if you may have any questions. Thank you for your attention to this matter.
Sincerely,
Peter A. Nakamura
Kaua'i County Clerk
Attachment
copy: John K. Isobe, Administrator, Office of Boards & Commissions
Office of the County Clerk — Elections Division
g:'IT 12,-ndjerm%chattor,ecm-n drk 11002 Ioc
AN EQUAL OPPOR MNIJ Y FAIPLOYER
CERTIFICATE OF ALL RESULTS
2010 CHARTER AMENDMENTS
COUNTY OF KAUAI
1, Peter A. Nakamura, County Clerk of the County of Kaua'i, do hereby
certify that the following charter amendments were duly voted upon at the General
Election held on Tuesday, November 2, 2010, in the County of Kaua'i, with
described results:
RELATING TO COUNTY COUNCIL TERMS:
"Shall the term of office for councilmembers be extended from two to four years with a
limit of two consecutive four year terms?"
Yes..........,8,508
No.......... 12,9'74
RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR:
"Shall the Mayor's Administrative Assistant, whose title shall be changed to
Managing Director, be required to have appropriate job qualifications and perform
certain duties?"
Yes......... 17,554
No............3,386
RELATING TO FINANCIAL PROCEDURES:
"'Shall the Charter provisions relating to centralized purchasing and disposition of
surplus property be changed to conform with State law?"
Yes......... 15,806
No............3,735
RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS:
"Shall the dollar limit without competitive bidding for contracts with County
officers, employees or firms in which an officer or employee has a substantial
interest, be increased from $500 to $1,000T
Yes-....... 10,467
T
....... 9,497
RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY
CONTRACTS:
"Shall the County extend from six months to one year the timeframe prohibiting the
County from entering into a contract with a former County employee or a firm that
is represented by a former County employee, for those contracts where the former
County employee participated in the subject matter while employed with the
County?"
Yes......... 14,427
No............5,570
RELATING TO DISCLOSURES:
"Shall any employee delegated to act on behalf of the Director or Deputy Director of
Finance be required to file a disclosure statement with the County Board of Ethics?"
Yes......... 17,743
No............2,433
RELATING TO TIME EXTENSION FOR ETHICS ADVISORY OPINIONS:
"Shall the time in which the County Board of Ethics has to render advisory
opinions be extended from 30 days to 45 days, which opinions shall be binding on
the Board, unless changed or revoked by the Board?"
Yes......... 11,063
No............8,585
In witness whereof, I have hereunto set my hand and caused the Seal of the County
of Kauai, State of Hawaii, to be affixed on this 7th day of December, 2010.
PETER A. NNAMMMURA
County Clerk, County of Kaua'i