Loading...
HomeMy WebLinkAbout06/27/2012 Public Hearing Transcript re: RES#2012-44, RES#2012-45, RES#2012-46 PUBLIC HEARING JUNE 27, 2012 A public hearing of the Council of the County of Kaua`i was called to order by Jay Furfaro, Chair, Committee of the Whole, on Wednesday, June 27, 2012 at 1:37 p.m., at the Council Chambers, 4396 Rice Street, Room 201, Lihu`e, Kaua`i, and the presence of the following was noted: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Mel Rapozo Honorable Nadine K. Nakamura Honorable Jay Furfaro Excused: Honorable JoAnn A. Yukimura The Clerk read the notice of the public hearing on the following: 1. Resolution No. 2012-44, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO RESTRICTING THE MAYOR'S POWER OVER DEPARTMENTS, 2. Resolution No. 2012-45, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ADDITIONAL DUTIES OF THE COUNTY AUDITOR, 3. Resolution No. 2012-46, RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE PREPARATION OF MONTHLY FINANCIAL STATEMENTS BY THE DIRECTOR OF FINANCE, which were passed on first reading and ordered to print by the Council of the County of Kaua`i on June 13, 2012, and published in The Garden Island newspaper on June 20, 2012. The following communication was received for the record: • Glenn Mickens, dated June 24, 2012 The hearing proceeded as follows: Chair Furfaro: This is a public hearing and if there is anyone in the audience that wishes to speak on any item since I had them all read if you can identify the Resolution Number and if you do want to speak on all three (3), register the resolution number, Glenn, as you begin your new narrative. GLENN MICKENS: For the record, Glenn Mickens. You have my testimony let me read it for you, and my dear friend Ray Chuan used to say, for the viewing public is who I want to read it for. I am obviously for this Resolution, in favor of it. I firmly believe that the Mayor should not have the ability to make a ruling that conflicts with the power given to the Commissioners under our Charter. He did this with the Police Commission by usurping their power over the Chief, and for me, this is wrong. PUBLIC HEARING 2 JUNE 27, 2012 Resolutions Nos. 2012-44, 2012-45 and 2012-46 These Boards and Commissions were established as a fire wall to eliminate politics from entering into decision making. Certainly, a group of commissioners would have a greater chance of making a neutral decision on whatever subject matter came up rather than the Mayor or any other single person. I have no problem with the Mayor or a Councilmember attending these Commission and Board Meeting and voicing their opinions. But their influence on decision making should end there and wisely they do not have a vote in the process. That is my testimony for Resolution No. 2012-44. Now Jay, did you say that you want me to... Chair Furfaro: Since we have read all the items and you have a second set of narratives on any of those, we will start the clock again and just recognize the number. Mr. Mickens: Resolution No. 2012-45 — just a short testimony and again I am one hundred percent for this Resolution. I have said this before and I will say it again, I believe that you have hired a fine Auditor in Ernie and if he says he needs added help to do his job, I would honor his request. As the Resolution says, he shall have other duties not inconsistent with provisions of this Charter as the Council may by Resolution require. I would also suggest and I think it says something in this Resolution about it, I would also suggest that you keep the Auditor's Office completely neutral by having no political motivation trying to interfere with his decision making — any other decisions that you may have, let Ernie go ahead and do his job. I have tremendous respect for what he is doing. The other Resolution... Chair Furfaro: Glenn, I just want to make sure you do realize that is the fact now, we do not direct any of his people. They are solely his responsibility. Mr. Mickens: That is great. Chair Furfaro: But he has a dotted line to this Council. Mr. Mickens: That I think is outstanding. Because I think that is the only way he is going to be able to do his job. He has to have complete neutrality when he is doing something that nobody can interfere with him and I am glad to hear you say that. Resolution No. 2012-46, I think it says monthly savings and I am not sure Wally at this stage of the game what is he bringing a statement, how often? Every six (6) months, every year —when does he give you a statement. all public we do not answer Furfaro: Typically in a p bl c h Baring, w o saver questions but I will give you the answer. He is required now, quarterly. Mr. Mickens: Quarterly. Chair Furfaro: At minimum. Mr. Mickens: Right. PUBLIC HEARING 3 JUNE 27, 2012 Resolutions Nos. 2012-44, 2012-45 and 2012-46 Chair Furfaro: This asks for monthly financials. This one piggybacks with Resolution No. 2012-45 because when we get the monthly reports, we might by Resolution ask the Auditor to review the monthly financial statement. But this clearly says in this Resolution, the preparation should be monthly. Mr. Mickens: Instead of quarterly? Chair Furfaro: It is currently quarterly. Mr. Mickens: I am not positive but I would presume Ernie would probably prefer it monthly rather than quarterly too but I have not talked to him about it. But again as you are pointing out if this is your Auditor's wish then I would definitely go along with it. Thank you very much, Jay, I appreciate testifying. Chair Furfaro: Mr. Rosa, did you want to give testimony too? Please come right on up. JOE ROSA: Good afternoon, members of the Council. For the record, Joe Rosa. I am basically here for the first thing that is on the agenda that was mentioned, the powers of the Mayor. Being an ex-union steward... Chair Furfaro: For the record, Joe, I want to say that you are speaking on Resolution No. 2012-44? Mr. Rosa: Right. Chair Furfaro: Go ahead. Mr. Rosa: Being an ex-union steward like I said, to grant him that excess power I think it is a little too far because members of the Police Commission are appointed by the Mayor with the approval from the Council. That is why we have Commissions, and it is almost all of your Commissions has to get the approval from this seven member Council. That means that he just does not have the sole power because you people appoint the Commissioners. Looking from the outside in, I felt that it was something that was bias between two people. In the case, you cannot just dismiss somebody according to union standards without just cause. You need to have just cause. I think it was something in the infrastructure of the Police Department that caused what happened. I certainly do not want to give him any much more power than what is allotted. That is my reason here to testify and you cannot — I know in union standards if I got fired or dismissed, I could ask in writing from whomever as to the just cause of it and it has to be in writing. It cannot be something that is personal. Thank you. Chair Furfaro: Thank you, Joe. We are doing a series of public hearings. Is there anyone else that would like to testify on Resolution No. 2012-44, Resolution 2012-45 or Resolution No. 2012-46? CHARLES IONA: Good afternoon members of the Council, Chair Furfaro, for the record Charlie Iona. I am pretty much here today to lay testimony regards to the powers of the Mayor. I think it is no hidden secret... PUBLIC HEARING 4 JUNE 27, 2012 Resolutions Nos. 2012-44, 2012-45 and 2012-46 Chair Furfaro: Excuse me, Charles. Mr. Iona: Yes. Chair Furfaro: You are here to give testimony on 2012-44? Mr. Iona: Correct sir. Chair Furfaro: Got it. Go right ahead. Mr. Aiona: In short again, Commissions were set up for a particular reason. It has been a practice in the past that the Administration has come before the Commission. To just arbitrarily select this particular instance where they did not have to come to the Commission is what brings great concern to us. In our recent State Police Commission conference that we attended, one of the members from the other County had asked, and I guess sat at one time it was The Board of Supervisors and the generation of the Charter. What that individual said was, Commissions were formed for this particular reason; they were worried about one day having that power of the super Mayor, having that super powers. When it was said, it was kind of resounding amongst all the Counties or County Commissions that attended that day. Again, I just echo the fact that the Administration has come before the Board or the Commission itself on all matters, so with relating to something like this, it has just arbitrarily picked out the situation that had, I would have to say, some grave effects because it affected the community. I said it the last time, we do not want to see that happen again. Some of you may ask because it was brought up before regarding the Declaratory ruling, well all we can say is — it is proceeding. Thank you for your time, if you have any questions for me, I will be more than happy to answer. Chair Furfaro: Charles, in our format at the public hearing, we do not impose questions unless a specific clarification is requested. This is the notice of the public hearing and this will be coming back up with various Committees. Mr. Iona: Thank you very much. Chair Furfaro: Is there anyone else in the audience that would like to speak on any of the Resolutions at this time? If not, as Chairman of the Committee of the Whole and these three items, I am closing the public hearing. There being no further testimony on this matter, the public hearing adjourned at 1:45 p.m. Respectf mitt , ED SO = ' •, Administrative Assi-A. t /ds