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Home My WebLink About2012_0227_CharterAgendaPacket_CANCELLED Patrick Stack Members: Chair Mary Lou Barela Joel Guy Carol Suzaw-a Sherman Shiraishi Vice Chair Jan Terd3ruagencate Ed Justus COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, February 27, 2012 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, L-ihu'e, HI 96766 Oath of Office for Commissioner Carol Suzawa CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of January 23, 2012 EXECUTIVE SESSION Pursuant to Flawai'i Revised Statutes §§92-4 and 92-5(a) (4), the Commission anticipates convening in zl.� Executive Session to consult with its legal counsel on issues pertaining to the Commission's and the . County's powers, duties I , privileges, immunities, and/or liabilities as they may relate to CRC 2012-02: ES -1 CRC 2012-02 Review and discuss with the County Attorney whether clarification is required to the Kauai County Charter, Article V11, Section 7.05 as it relates to the powers, duties and functions of the mayor's office and Article X1, Section 11.04 as it relates to the chief of police. RETURN TO OPEN SESSION BUSINESS CRC 2012-02 Deliberation and decision-making on possible amendments to Kaua'i County Charter related to Article V11, Section 7.05 and Article X1, Section 11.04 CRC 2011-17 Proposed amendment from Commissioner Justus revisinf-,Article 111, County Council, Sections 3.02 Composition, Section 3.03 Terms, and Section 3.04 Qualifications relating,to Partial Districting. I a. Years and Vote tally with Difference for Ballot Questions; Population Breakdown of Each Town According to 2010 Census Data; Conceptual Layout of Geographic Areas An Equal Opportunity Empl6yer Ad- W CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot(ongoing review) CRC 2012-03 Cutoff date for Charter Review Commission submittals and Timeline for charter amendments for 2012 election ANNOUNCEMENTS Next Meeting: Monday, March 19, 2012 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2A,/B ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in FIRS §92.5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: I. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision, While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five(5) minutes. A speaker's time may be limited to three(3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions Charter Review Commission— February 27, 2012 2 11 e V ME NO VIEW- 4444 Rice Street, Suite 150 Llhu'e, HI 96766 E-mail:bdavis0),,kauai.i4ov Phone: (808) 241-4919 Fax: (1808) 241-5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241-4919 at least five(5)working days prior to the meetin g. I Charter Review Commission--February 27, 2012 3 11 Pa JR?A��Tj T�o Bl� �, r�oued COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date January 23, 2012 Location Mo'ikeha Building, Meeting Room 2Al2B Start of Meeting: 4:07 Meeting, 4-14 p.m. Present Chair Pro-Tern Patrick Stack; Vice-Chair Pro-'rem Carol Suzawa, Members: Mary Lou Barela, Jan TenBruggencate Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator Paula Morikarm Excused Members: Joel Guy; Ed Justus; Sherman Shiraishi Absent SUBJECT SION Call To Order ACTION Chair Pro-Tern Stack called the meeting to order at 4:07 p.m, with a quorum of 4 Commissioners resent. Approval of Open Session Minutes ot'November 28, 2011 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Ms. Suzawa seconded the motion. Motion carried 4:0 Business CRC 2011-09 Proposed aniendinent revising Article XV of the Kaua'i —----- County Charter, relating to establishing a Department of Human Resources a. Memorandum dated 1/3/12 from County Council Chair Jay Furtaro notifying the Charter Review Commission that the Committee of the Whole has requested a progress report from the Administration's I-Iturian Resources Subcommittee at the March 7, 2012 meeting and will forward Council's comments shortly thereafter. Mr. TenBruggencate moved to deter until comments are received from the County Council. Ms. Barela seconded the motion. Motion carried 4:0 20111 18 Election of Chair and Vice-chair for 2012 (Deferred to January 2012 meetiI Mr. `FeifflruTncate moved to elect Patrick Charter Review Commission Open Session May 23, 2011 Page 2 SUBJE( I DISCUSSION �C TIC)N Stack for Chairman and Carol Suzawa for Vice- Chairman with thanks for their upcoming service. Ms. Barela seconded the motion. Motion carried 4:0 CRC 2012-0I Revise Charter Review Commission Meeting Schedule for 2012 a. Move March meeting;to Monday, March 19 (was Tuesday, March 27 k�} which is in conflict with the Civil Service Commission meeting) Ms. Surawa painted out that the County Council was asked to respond by the March 27 meeting and would need to be notified of the change in the date. Ms. Barela moved to change the March date to the I91h. Mr. TenBruggencate seconded the motion. Motion carried 4:0 t"�ex! �'Ieetin � Mc�rrcl�r I �,l�r `� 2012 ___�_ _ _---_ _ __.______.___...._ ...._._—._.w...w - ee �.____ v, _ _ uary 7, Adjournment Mr. TenBruggencate moved to adjourn the meeting at 4:I4 p.m. Ms. Barela seconded the motion. Motion carried 4:0 Submitted by: ._.._ _._ _ _.._ Reviewed and Approved by: Barbara Davis, Support Clerk. Patrick Stack, Chair { Approved as is. ( ) Approved with amendments. See minutes of meeting. M 0"Aftlft� ARYTCME VII MAYOR Section 7 . 05 . Powers, Duties and Functions. The mayor shall be the chief executive officer of the county. He shall have the power to: A. Except as otherwise provided, exercise direct supervision over all departments and coordinate all administrative activities and see that they are honestly, efficiently and lawfully conducted. B. Appoint the necessary members of his staff and other employees 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, but a monthly report of such actions shall be made to the council. D. Make temporary transfers of positions between departments or between subdivisions of departments . E. Recommend to the council for its approval a pay plan for all officers and employees who are exempt from civil service and the position classification plan and who are not included in Section 3-2 . 1 of the Kaua 'i County Code 1987, as amended. (Amended 2006) F. Submit operating and capital budgets, together with a capital program annually to the council for its consideration and adoption. G. Sign instruments requiring execution by the county, including deeds and other conveyances, except those which the director of finance or other officer is authorized by this charter, ordinance or resolution to sign. H. Present messages or information to the council which in his opinion are necessary or expedient. i . in addition to the annual report, make periodic reports informing the public as to county policies, programs and operations. j. Approve or veto ordinances and resolutions pertaining to eminent domain proceedings . CRC -1-012-02 tw K. Have a voice but no vote in the proceedings of all boards and commissions . L. Enforce the o of this charter, the ordinances of the county and all applicable laws. M. Exercise such other powers and perform such other duties as may be prescribed by this charter or by ordinance. ARTICLE XI POLICE DEPART51ENT Section 11 . 04 . Chief of Police. The chief of police shall be appointed by the police commission. He may be removed by the police commission only after being given a written statement of the charges against him and a hearing before the commission. The chief of police shall have had a minimum of five years of training and experience in law enforcement, at least three years of which shall be in a responsible, administrative capacity. He shall make such reports from time to time as the commission shall require, and snail annually make a report to the commission of the state of affairs and condition of the police department . (Amended 1984) CRC 2012-02 ount Council- Partial District in [Four District(Three At-La r � ,.Section 3,o2. composition. There shall be a council of seven members [el cted at-large . Three members shall be elected at-large b° all r isfered voters in the nt a cal tf e tier tc t r r ors l al rose e in and sell be elected from a Se to council district teaistered voters residing in that separate council district. :section 3.03 Terms, The terms of office of councilmemberr shall be[for two years]two years for district Seats and four years for at-large seats beginning at twelve o'clock meridan on the first working day in December following their election. No person shall be elected to the office of councilmember for more than [four consecutive two year terms]a total of eight years, Section 3.04. ualitatiors, A, To be eligibly for the council, a person must be a citizen of the United Mates and must have been a duly qualified [elector] registered voter of the county for at least tw'o years immediately preceding his or her filirt candida�rs for election [or appointment]. In addition, those candidates for the council who wish to re resent one ofthe four council districts must state which district they wish to re resent and that t ev have been a re istered voter o that district for the rece in nine e dav°s, Should a councilrmember move front or be removed from art F oft the seven council ositions from which that ve-son wsas elected,any, replacement ent a ointee must meet all rec triremcnts of a caandidgte for that po ition. Br Any[councilman] councilmember who removes his or her residence from the county or district from which elected or is convicted of a felony, shall immediatel ,forfe"tthisorhet-office, Section 3_19. District Elections and Reappointment. A. the fast election b se :ratecttncil districts shall be in the primary election of 2014, B. The year 2021 and every tenth car thereafter shall be rea ortionment years. An ir:i W counc l a000rtiortrr errt-ixrnrnission shall be constituted on or before the rirst day of April. 2013. A council ;�°a�p ionment mmissiort shall e corast;tutecl on or cef re the first day of July of each re a or ionrne t vear or when ever rea ortlonrnent is re aired by coin order. The commission shafl consist of even mem ers. The , ember of`the to mission shall bbe ao ousted by the mayor and con rrmed by the council. The initial council a nctrtionment crnrnasion shall be CRC 2011 - 17 MMS-111 districts .,ission shall be nes onsible ter the reams ortonrnent and redistricting of those districts. anA tal The commissic l elect a chair from amen g its rnernbers, Anv vacanev in the con mission shall be tilled in the same manner as for an aioritv vote v it j f mern bier of the '101C L Uc;�V commission Shalll be ell lible to become a candidate for election orjgpqMjM0LLo the our -il in the initial electron held gar `er anv a o nment or reatinortronrngnt !an ado cte bv,,-the commission. The commission shall be furnished all necessqtechhnicaf andsec�rgariql� services. The mayor and the council shall a ro riate funds to enable the commission_rocam out its duties. D. In effecting_Lthe initial a ortionm qnt and each subse went 4p--------------------- all app ficable Federal and-State laws- E On or before February-1 of the car following ap2ointment, the _ommission shall rile wins,the county clerk an apportionment or rea000rtionment lan which shall become effective a can its l�Iin , R Any registered�votqr�maetidon�thcro gercourtto their duts,or to correct anv error made in the rtionment olan or the court may tape such tither action to effectuate the purposes of this section as it znav deem a ro riate. ;^s.a�v such etition rs'gcsst be filed v�rithin orty- five calendar days after the Filing of the-p-lart. a ihe commission's tenure shall end u2on the filing of its aLan." (Deleted material is brack ete& new material is underlinedj 2. Ballot Question 1 Option A- 1) Effective 2014, shall four of the seven council members be elected by districts(North Shore, Eastside, South Shore/Central, Westside)and three of the seven council members bee ted at-large, with a commission to be appointed in 2013 to establish district apportionment, and shall 2021 and every tenth year thereafter be a district reapportionment year? 2 2 -) If partial-districting of the council is approved, shell council members elected by district senve huo- year terms and council members elected at-large serve four-year terms? Option B: 1) Effective 2014, shag four of the seven council members be elected by districts(North Shore, Eastside, South ShorelCentral, Westside)to serve two-year terms, and thrae of the seven council members be emoted at-large to serve four-year terms, vat's a commission to be appointed in 2013 to establish district apportionment, and shall 2021 and every tenth year thereafter be a district reapportionment year? Ballot Question 2- 1) Shall the term of office for councult-sernbefs be limited to a trial of eight years? Years and Vote Tally with Difference for Ballot Questions For Charter Amendment for Council Partial-Districting 1982 - 3 District Seats /4 At-Large Seats 5541 YES J 8662 NO J 3141 Difference 1996 - 5 District Seats / 2 At-Large Seats 8456 YES j 9589 NO J 1133 Difference 2006 - 3 District Seats /4 At-Large Seats 9396 YES J 9557 NO J 161 Difference Analysis: Trend shows voters have been steadily moving towards approving the concept of a Part-District/Part-At-Large Council makeup. 1990 Ballot Question with Dual Choices of 3D14AL or 5D/2AL not included in this information. The "Yes"vote numbers show both proposals being simultaneously approved, however the number of"blank"votes outweighed both "Yes"and "No"votes; this discrepancy and voter confusion with the ballot question caused both the amendment and ballot question to eventually be rendered invalid by the Ninth Circuit Court} (Dates and vote count information gathered from the County of Kauai website) CRC 20 11-17 a. 2 ONE 4ulation Breakdown of Each To According to 2010 Census Data: Towns Listed from West to North: West District: Niihau- 210 Kekaha- 3557 Waimea- 1855 Pakala/Makaweli- 294 Kaumakank 749 Hanapepe- 2638 Eleele- 2390 Kalaheo- 4595 Sum= 16268 South-Central District: Lawak 2363 Omao- 1301 Koloa- 2144 Poipu- 979 Puhi- 2906 Lihue- 6455 Hanamaulu- 3835 Sum= 19983 East District: Wailua- 2254 Wailua Homsteads- 5188 Kapaa- 10699 Sum= 18141 North District: Anahola- 2223 Kilauea- 2803 Kalihiwai- 428 Princeville- 2158 Hanalei- 450 Wainiha- 318 Haena- 431 Sum= 8811 Rough Conceptual Layout of Geographic Areas for County Council with Four district Seats PRINCEVILLE "!Mx"j }}''CC AM. {�L�CM WAAIIYA •.I�N'w J. ,.' WAINIHA �"�' Sf' KILAUEA HANALEI MOLOAA �r Y ANAHOIA sso .a ' � �_ .,Alu K A P WAILUA !lARI►Aa �� , �,ANA1liM1 W A ,� ' �• S6 ■ � - PMRF t HANAMAULV Sl • s0 sso Pum LIHUE so "�61 KEKAHA WAIMEA : AWILI iU KALAHEO LAWA KAUMAKANI *-� a,.. ' HANAPEPE ELEILE f ,IV. cos" KOLOA JIV k1k _ WIT �E �� P41PU CENTRAL , ytt/�(7(A Thick Yellow Lines indicate the four district divisions Conceptual Town Grouping Breakdown with Four Districts: "North": Anahola, Moloa'a, Kilauea, Kalihiwai, Princeville, Hanalei, Wainiha, Ha'ena "East": Wailua, Wailua Homesteads, Kapa'a, Kealia "South/Central": Lawai, Omao, Koloa, Po'ipu, Puhi, Lihu'e, Hanama'ulu "West": Ni'ihau, Kekaha, Waimea, Paala/Makaweli, Kaumakani, Hanapepe, Ele'ele, Kalaheo Each region has culturally specific & unique geographic issues related to their area 2011 /2012 'Fracking of Proposed Amendments Charter Proposed Amendment Legal Review _ia Commission Future Action Section Review Sent Red 011-01 Correcting non-substantive language to -3/7/11 Deferred to 02/12 for §24.04 (new) Chat-ter comments from + ARof County.Clerk C ,IkC,-AM-02 Percent of'registered voter signatures 4/26/11 5/2/11 Trace January 2012 for on petition to propose amendments ballot question & further review On CRC 2011-05 Clarify wording of I"sentence of 24.01 B 24 01..13. 2f1 T-t3 N/A N/A N/A N/A CRC 2011-04 Percent_o--f"—registered--voter s 5_/_2/l r §22.03 C for initiative and referendum petition ballot question & further review Deferred to 2013 �1.t3 nisi (comments red from Admin --------- COUncit�, 'I C ------ 2011-07 Clarification relating to the election of 5/25/11 6/9/11 Trace for mid-2012 for §1.03 County Officers ballot question & further 8/25/11 8/25/11 review 9/29/11 10/11/11 CRC 2011-08 Relating to salaries of County Officers Approved as amended; §23.01, x§'7.(}3 pending ballot question & §29.00 CRC 2011-09 Establishing a Department of Human 6/28/11 Deferred 11/28/11; §XV Resources via CCC awaiting further response from Council sub- ------- committee. k44G_ -1—W (4) � N/A N/A Received for the record; Clizi•ter/Tracking of Proposed Amendments-2011/2012(updated 11/17/11) CRC 2011-13 2011 /2012 Tracking of Proposed Amendments filed; No further Action 4=yoar terms i"--Q 1!,C, N/A N/A No further action CRC 201 1-11 Term limits for board and commission 912-344 8/3 f/-11 11/2/1 1 - Amendment §23.02 H members approved pending ballot - C 12 C 2011-12 Revisions to proposed amendment 10/16/11 11/10/11 uestion Review for proposed changes to the Article XX Code of Ethics comments-ftofff-BOE-(red 20.03 ---Contracts ($1,000) 9/26-defer until as agenda item 20.02 D--Appear in behalf of private 9/26-defer to 1/12; interests develop appropriate 20.03 A -Contracts Clarify definition of -competitive bidding" 9/26 -defer to 1/12 20.04 D-Disclosure Section Repeat or move language into new section to avoid limiting Council authority to Disclosures only 9/26-defer to 1/12 -24H-44 Changt��- Mofion to make-le�, failed faf laek ofa second CRC 2011-15 §9A.03 Prosecuting Attorney- ry B&C awaiting proposed Article IXA Change statutory authority for budget language from OPA;then review process forward to Mayor, Council KPD, etc., for comments §9A.03 Prosecuting Attorney- B&C awaiting proposed Expand Prosecutor's authority language from OPA; then forward to Mayor, Council KPD, etc., for Charter/,rracking of Proposed Amendments-2011/2012(updated 2/15/12) CRC 2011-13 2011 /2012 (Tracking of Proposed Amendments ._---_ *:* - Denotes possible ballot question; review and prioritize 49 Charter/,rracking of Proposed Amendments-2011/2012(updated 2/15/12) CRC 2011-13 Proposing A New Section 24.04 Relating to Non-substantive Corrections and Revisions. Findings and Purpose. The Commission finds that the County needs the ability to correct typographical and grammatical errors and make non-substantive format changes to the Charter resulting from clerical mistakes or newly adopted Charter amendments. The purpose of this amendment is to allow the County Attorney/Countv Clerk to propose corrections to errors in spelling, grammar, gender neutral language and other format changes as well as insert omitted words, section references, Hawaiian language diacritical marks and make other non-substantive revisions to the Charter. The adoption of all non-substantive corrections or revisions proposed by the County Attorney/County Clerk shall be by ordinance approved by a vote of five (5) or more members of the County Council and only upon the conclusion of a duly noticed public hearing. Charter Amendment. Article XXIV of the Kauai County Charter shall be amended by adding a new Section 24.04 to read as follows: "ARTICLE XXIV CHARTER AMENDMENT Section 24.04. Non-substantive corrections and revisions. A. The county attorney may propose non-substantive corrections and revisions to the charter by ordinance. B. In making non-substantive corrections and revisions the county attorney may: 1. Number and renumber articles, sections, and part of sections; 2. Rearrange sections; 3. Change reference numbers to be consistent with renumbered articles, sections, and part of sections under either federal, state, or county law; 4. Substitute the proper article or section number for the terms "the preceding Revised 5/23/11 (New Sec.20.04-Non-substantive Charter Corrections) CRC 2011-a1 0 0 section", "this article", and like termsi 5. Delete figures where they are merely a repetition of written words; 6. Change capitalization for purposes of uniformity; 7. Correct clerical, typographical, or grammatical errors and insert omitted words or Hawaiian language diacritical marks; 8. Change any male or female gender terms to a term which is neutral in gender when it is clear that the provision is not applicable only to members of one sex and without altering the sense, meaning, or effect of any charter provision; 9. Delete any provision pre-empted or superseded by either federal or state law or any charter amendment; and 10. Incorporate other non-substantive changes as shall be necessary to provide a uniform and consistent language style throughout the charter. In making such revisions, the county attorney shall not alter the sense, meaning, or effect of any article or section. C. Prior to adoption of the ordinance, the council shall conduct a public hearing on all proposed non-substantive corrections or revisions under consideration. A notice of the public hearing shall be published-in a newspaper of general circulation in the county at least thirty (30) days prior to the date of the hearing. The public hearing shall be held not earlier than seven (7) days prior to the final reading of the ordinance, D. The ordinance shall be adopted by a vote of five (5) or more members of the County Council." Note: New charter material is underscored. Ballot Question. Shall the County Attorney/County Clerk be allowed to propose an ordinance to correct typographical, grammatical and other minor errors to the Charter that must be approved by a vote of five (5) or more members of the County Council? Big Island: RELATING TO GRAMMAR,SPELLING,AND FORMATTING OF THE CHARTER: Shall the charter of the County of Kauai be amended by correcting various grammatical, spelling, and formatting errors throughout the charter? Revised 5/23/11 (New Sec.20.04-Non-substantive Charter Corrections) 2 CRC 2011-01 --------------------------- ®r An Amendment Relating to Initiation of Charter Amendments. Findings and Purpose. Charter Amendment. Article XXIV, Section 24.01 of the Kauai County Charter shall be amended to read as follows: "ARTICLE XXIV CHARTER AMENDMENT Section 24.01. Initiation of Amendments. Amendments to this charter may be initiated only in the following manner: A. By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council. B. By petition presented to the council, signed by registered voters comprising not less than five percent (5%) of the number of voters registered in the last general election, setting forth the proposed amendments. Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. Upon filing of such petition with the council, the county clerk shall examine it to see whether it contains a sufficient number of [apparently genuine] yqjjd signatures of registered voters." h!2Le: New charter material is underscored. Ballot Question. Draft: 3-30-11 (Sec.24.01—Charter Petitions) CRC 2011-05 An Amendment Relating to Submission Requirements for Initiative and Referendum Petitions. Findings and Purpose. Charter Amendment. Article XXII, Section 22.03 of the Kauai County Charter shall be amended to read as follows: ARTICLE XXII INITIATIVE AND REFERENDUM "Section 22.03. Submission Requirement. A. Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the clerk of the council at least ninety-six (96) hours prior to any regular council committee meeting. B. Voters seeking referendum of an ordinance shall submit a referendum petition addressed to the council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of the county. C. Each initiative or each referendum petition must be signed by registered voters comprising not less than twenty percent (20%) of the number of [eligible] voters registered in the last [preceding] general election. D. If an initiative or referendum measure is to be placed on the ballot in a general election, the initiative and referendum petitions must be submitted not less than one hundred twenty (120) calendar days prior to the day scheduled for the general election in the county. Draft: 3-30-11 (Sec.22.03—Initiative and Referendum) ----------- CRC 2011-04 Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. 1/24/11—introduced by Jan TenBruggencate 5/2/11—legal review complete;ballot question pending Draft: 3-30-11 (Sec.22.03—Initiative and Referendum) w CRC 2011-04 0 0 An Amendment Relating to the Election of County Officers. Findings and Purpose. Charter Amendment. Article 1, Section 1.03 of the Kauai County Charter shall be amended to read as follows: ARTICLE I THE COUNTY AND ITS GOVERNMENT "Section 1.03. County Elections. [A. In general. County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective officers shall be elected by nonpartisan elections. Except as otherwise provided in this charter, such nonpartisan elections shall be held in conjunction with the primary and general elections of the applicable year in which the terms of the mayor, council members, or prosecuting attorney, respectively, end. B. First nonpartisan election. To the extent possible, the first nonpartisan election shall be held in conjunction with the primary election of the applicable year. 1. Offices of the Mayor, Prosecuting Attorney and Council members to be elected by districts, if any. in the case of the offices of mayor, prosecuting attorney, or any council members to be elected by districts, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election. However, if there is only one candidate for each of said offices, such candidate shall be Draft: 8-24-11 (Sec.1.03—County Elections) CRC 2011-07 11011011 elected. 2. Office of At-Large Council Members. The candidates receiving the highest number of votes shall be elected to fill each vacant at-large council office provided the candidate or candidates receive at least thirty percent of all votes cast for all at- large council offices. in the event of a tie for the last remaining at-large council office the candidates receiving the same number of votes shall be placed on the ballot for the second nonpartisan election. C. Second nonpartisan election. To the extent possible, the second nonpartisan election shall be held in conjunction with the general election for the applicable year. 1. Offices of the Mayor, Prosecuting Attorney, and Council members to be elected by districts, if any. Unless a candidate for mayor, prosecuting attorney, or council members to be elected by district, if any, is elected in the first nonpartisan election, the names of the two candidates receiving the highest number of votes for these offices in the first nonpartisan election shall be placed on the ballot for the second nonpartisan election. At the second nonpartisan election the candidates receiving the highest number of votes for mayor, prosecuting attorney and district council member, respectively, shall be elected. 2. Office of At-Large Council members. a. if any at-large council office remains to be filled after the first nonpartisan election, two candidates for each vacant at-large council office shall be placed on the ballot. The names of the candidates receiving the highest number of votes cast in the first nonpartisan election, other than the name of any candidate elected after the first nonpartisan election, shall be placed on the ballot until a sufficient number of candidates are on the ballot as provided in this subsection. At the second nonpartisan election, the candidates receiving the highest number of votes for each vacant at-large office shall be elected. b. In the event of a tie vote in the second nonpartisan election, the winner shall be determined by chance by a method chosen by the county clerk. D. In any subsequent publication of the foregoing sections the term "first Draft* B-24-11 (Sec.1.03—County Elections) -07 CRC 2011 nonpartisan election" and "second nonpartisan election" may be changed to "primary election" and "general election", respectively.] A. Nonpartisan Elections. County elections shall be conducted in accordance with the election laws of the State insofar as applicable, but all elective county officers shall be elected by nonpartisan elections. B. Offices of the Mayor and Prosecuting Attorney. 1. For the offices of mayor and prosecuting attorney, the names of the two candidates receiving the highest number of votes for these offices in the primary election shall be placed on the ballot for the general election. However, if there is only one candidate for each of said offices, such candidate shall be elected in the primary election. 2. At the general election the candidates receiving the highest number of votes for mayor and prosecuting attorney shall be elected. 3. Tie votes. In the event of a tie vote for mayor and prosecuting attorney in the primary or general election, the winner shall be determined by a method of chance as determined by the county clerk. C. Office of At-Large Council members. 1. For at-large council offices, two candidates for each vacant at-large council office receiving the highest number of votes in the primary election shall be placed on the ballot for the general election. 2. At the general election the candidates receiving the highest number of votes for each vacant at-large council office shall be elected. 3. Tie votes. In the event of a tie vote for the last remaining at-large council office in the primary election, the candidates receiving the same number of votes shall be placed on the ballot for the general election. In the event of a tie vote for the last remaining at-large council office in the general election, the winner shall be determined by a method of chance as Draft: 8-24-11 (Sec.1.03—County Elections) -07 CRC 2011 r determined by the county clerk." Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. 8/25/11: 1V'Legal review received 9{29;11: Resubmit changes for legal review, 10/1011 l:Legal review received Draft: 8-24-11 (Sec.1.03—County Elections) CRC 2011-07 0 0 Various Proposed Amendments Relating to Salaries of County Officers. Findings and Purpose. Article XXIX of the Kauai County Charter shall be amended to read as follows: "ARTICLE XXIX SALARY COMMISSION Section 29.01. Organization. There shall be a Salary Commission composed of seven members to establish the maximum salaries of all [councilmembers and all officers and employees included in Section 3-2.1 of the Kauai County Code 1987, as amended] elected and appointed officers as defined in Section 23.01 D of this Charter. Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary-setting decisions. Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of any calendar year. [Subject to Section 29.05, the] The resolution shall take effect without the mayor's and council's concurrence sixty days after its adoption by the commission unless rejected by a vote of not less than five members of the council. The council may reject either the entire resolution or any portion of it. The respective appointing authority may set the salary of an appointee at a figure lower than the maximum figure established by [ordinance] the salary commission for the position. Provided however, elected officers may voluntarily accept no salary or a salary lower than the maximum figure established by the salary commission for their position. CRC 2011-08 Revised Draft: 8-22-11 (Articles XXIX,XXIII&V11—County Salaries) Own V Q Section 29.04 Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. Section 29.05 [Charges in Salary. No change in salary of councilmembers shall be effective during the term in which a change is enacted or for twenty-four months after a change is enacted, whichever is less. Section 29.06] Administration and Operation. The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties." Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. CRC 2011-08 Revised Draft: 8-22-11 (Articles XXIX,XXIII&Vil—County Salaries) I-owl' Findings and Purpose. Article XXIII, Section 23.01 D of the Kauai County Charter shall be amended to read as follows: ARTICLE XXIII GENERAL PROVISIONS "Section 23.01. Definitions. D. The term "officer" shall include the following: (1) Mayor, prosecuting attorney, and members of the council. (2) Any person excluded from Chapter 76, HRS and the position classification plan who is appointed as administrative head of any department or agency of the county [or as a member of any board or commission]. (3) [The first deputy] Deputies appointed by the administrative head of any department or agency of the county who are excluded from Chapter 76, HRS and the position classification plan. [(4) Deputies of the county attorney.] Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. CRC 2011-08 Revised Draft: 8-22-11 (Articles XXIX,XXIII&V11—County Salaries) Findings and Purpose. Article V11, Section 7.03 of the Kaua"i County Charter shall be amended to read as follows: ARTICLE VII MAYOR "Section 7.03. Compensation. The salary of the mayor shall be [$19,000.00 per annum which shall be subject to change by the council. The salary of any incumbent shall be reduced only in the event that a general reduction in salaries of all county officers and employees is simultaneously effected] established in accordance with the provisions of Article XXIX of this Charter. Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. CRC 2011-08 Revised Draft: 8-22-11 (Articles XXIX,XXIII&v11--County Salaries) p/h, W, Proposing A Charter Amendment to Article XV Relating to Establishing A Department of Human Resources. Findings and Purpose. Charter Amendment. Article XV of the Kaua'i County Charter is amended to read as follows: "ARTICLE XV DEPARTMENT OF [PERSONNEL SERVICES] HUMAN RESOURCES Section 15.01. Organization. There shall be a department of [personnel services] human resources consisting of a civil service commission, a director and the necessary staff for the purpose or establishing a system of personnel administration based upon merit principles devoid of any bias or prejudice, and [providing a systematic and equitable classification of all positions through adequate job evaluation] generally accepted methods governing classification of positions and the employment, conduct, movement, and separation of public officers and employees. Section 15.02. Civil Service Commission Organization. The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment, [or] of the members appointed, one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15.03. Powers and Duties. The civil service commission shall: A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matters of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. CRC 2011-09 .0 C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration. D. Execute such powers and duties as may be provided by law. Section 15,04. Director of [Personnel Services] Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system. He shall be appointed and may be removed by the commission and come under the general supervision of the Manor. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources management program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. [Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program. The director of human resources shall be responsible for the execution of the human resources management program which shall include: A. Classification, recruitment, selection, employment, deployment, promotion, evaluation, discipline, and separation of employees. B. Labor relations and negotiations. C. Administration of employment policies and trainings related to employee benefits, conduct, development, and safety and injury prevention. D. Workers' compensation. E. Equal employment opportunities, F Workforce coordination and planning. G. Administration of the civil service system as Prescribed by statute. H. Other related duties as may be determined by the Mayor.' Note: Charter material to be repealed is bracketed. New charter material is underscored. tggs- '1h 10 Mr. IMF 0 Proposed Ballot Question: Shall the title of the Department of Personnel Services be changed to Department of Human Resources and its existing scope of responsibilities broadened to include a more comprehensive human resources function? 6/28/11: Legal review by County Attorney*s Office;confidentiality waived on the communication by the Cost Control Commission. 7/13111:proposed amendment by Cost Control Commission 7/25/11: as amended by Charter Review Commission 81123/11 and 11130,111: solicit input from the County Council M W 0 Proposing A Charter Amendment to Section 23.02 (H) Relating to County Board and Commission Member Terms. Findings and Purpose. The Commission finds that County board and commission members are prohibited from serving more than two consecutive terms on the same or different board or commission unless they take a one year break from serving. This restriction discourages qualified individuals from continuing to volunteer and use their acquired experience and knowledge in other areas of interest that may be beneficial to the County. The purpose of this amendment is to allow a County board or commission member to continue serving on a different board or commission without the need to take a one year break in service. Charter Amendment. Section 23.02 H of the Kaua'i County Charter is amended to read as follows: ARTICLE XXIII GENERAL PROVISIONS Section 23.02 Boards and Commissions. H. No member of any County board or commission shall be eligible for more than two consecutive terms on the same board or commission [or on two different boards or commissions of the county]. No person shall be eligible to serve on two different County boards or commissions at the same time After the expiration of two consecutive terms on a board or commission, a member [no person] shall not be eligible for [appointment] reappointment to [any] the same [county] board or commission until one year has elapsed after such service. Any partial term of more than two years shall be considered a term as used herein. Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question. to/I&A 1 Review for legality and compliance by County Attorney Office I I/I 0,#I I --Review received from County Attorney CRC 1-011-11 Charter Review Commission Timeline for Charter Amendments February 2012 DRAFT March 19, 2012 Cutoff date for proposed Charter Review Commission I (Monday) = amendment submittals March 20, 2012 Forward proposed Charter amendments to Legal for (Tuesday) Findings/Purpose and Ballot Question May 21,2012 CRC review amendments and forward to the County (Monday) Attorney for legal review. July 23,2012 Final approval of proposed Charter recommendations. (Monday) July 24, 2012 Communications Team to prepare and format Voter (Tuesday) Education Material August 22, 2012 Final review of Voter Education Material from the (Wednesday) County Attorney July 30 (Monday) to August Primary Election walk-in absentee polling period; 9 (Thursday) pursuant to HRS § 15-7 August 11, 2011 Primary Election (Saturday) August 15, 2012 All Charter amendment questions(s) due to the County (Wednesday) Clerk for printing of ballot pursuant to HRS § 11-1 t 9(b) (including Ramsayered text of amendment in Word format) August 23, 2012 All Charter amendment questions(s) due to State Chief (Thursday) Election Officer for printing of ballot pursuant to HRS § 11-119(b) (including Ramsayered text of amendment in Word format) August 23, 2012 Send Voter Education Material to the Printer for (Thursday) I printing, folding and stuffing in mail-out ballots TBD,2012 Finalized camera-ready voter education for MidWeek Kauai September 22, 2012 t Mail-out of General Election absentee ballots to (Saturday) overseas voters (allows for 6 day challenge following primary 4-4 day judicial response) (Federal guideline suggests 30-45 days prior to General) Mail voter education to non-Kauai addresses I October 6,2012 County Clerk and Commission jointly publish all (Saturday) proposed Charter amendments in a newspaper of general circulation in the county pursuant to Kaua'i County Charter Section 24.02 B. (publish not less than 30 days 'eek of C?ctober 15,2012 E Publish voter cation in MidWeek Kauai CRC 2012-03 October 23 (Tuesday) to General Election walk-in absentee polling period; November 3 (Saturday), pursuant to SIRS § 15-7 2012 November 6, 2012 General Election (Tuesday) December 6, 2012 County Clerk to publish approved Charter amendments (Thursday) I in a newspaper of general circulation in the county within 30 days, CRC 2012-03