HomeMy WebLinkAbout2012_0319_CharterAgendaPacket Patrick Stack Members:
Chair Mary Lou Barela
Joel Guy
Ed Justus
Carol Suzawa James Nishida,Jr.
Vice Chair Jan TenBruggencate
COUNTY OF KAUAI CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, March 19, 2012
4:00 p.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2A,,"B
4444 Rice Street, Lihu'c, HI 96766
Oath of Office for Commissioners Carol Suzawa and James Nishida, Jr.
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of January 23, 2012
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §§92-4 and 92-5(a) (4),the Commission anticipates convening in
Executive Session to consult with its legal counsel on issues pertaining to the Commission's and the
County's powers, duties, 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 Kauai County Charter
related to Article VII, Section 7.05 and Article X1, Section 11.04
a. Email dated 2/27/112 from Councilmeniber Mel Rapozo providing testimony to
the Charter Review Commission in support of leaving the Charter as is with
regard to the oversight of the Police Chief
CRC 2011-01 Proposed amendment creating a new Section 24.04, Kaua'i County Charter, relating
to non-substantive corrections and revisions. (Deferred to February 2012 meeting)
c. Discussion and possible decision-making on how the Commission can best
achieve a review of the Charter for recommendations to correct non-substantive
An Equal Opportunity Enip1qycr
items as they relate to grammar, spelling and formatting errors in the Charter
and whether to consider budgeting for an outside editor. (ongoing)
d. Memorandum dated 3/1/12 from Ricky Watanabe, County Clerk, regarding
responsibility for correcting non-substantive changes to the Charter
zl�
CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to
establishing a Department of Human Resources
a. Letter dated 3/7/12 from the Human Resources Taskforce to the Charter Review
Commission providing a copy of the communication to the Kaua'i County
Council with an update on centralizing personnel functions and services
CRC 2011-17 Proposed amendment from Commissioner Justus revising Article 111, County
Council, Sections 3.02 Composition, Section 3.03 Terms, and Section 3.04
Qualifications relating to Partial Districting.
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
b. Email dated 21"17/12 from Jonathan Jay regarding A District Proposal for At-
large Voting and Candidate Residency Requirement Districts for Kaua'I
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, April 23, 2012 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2AI/B
ADJOURNMENT
EXECUTIVE SESSION
Pursuant to Hawai'i 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 HRS §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:
Charter Review Commission--March 1 9, 2012 2 i Pa u. e
1. Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only; and
4. If .you are unable to submit your testimony at least 24 hours prior to the meeting,, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier,
and
5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
testimony to five(5) minutes. A speaker's time may be limited to three (3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to:
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
LThu"e, HI 96766
E-mai 1:bdavi s((—t,,,,k auai.
Phone: (808) 241-4919 Fax: (808) 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 meeting.
Charter Review Commission--March 19. 20 12 3 j 13
�R ' T�o �P'A� �A I
roueY
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Committee: CIjARTER REVIEW COMMISSION Meeting Date January 23,2012
Location Mo'ikeha Building, Meeting Room 2Al2B Start of Meeting: 4:07 p.m. End of Meeting: 4:14 -pm.
Present Chair Pro-Tem Patrick Stack; Vice-Chair Pro-Tem CarolSuzawa. Members: Mary Lou Barela; Jan TenBruggencate
Also: Deputy County Attorney Jennifer Winn; Boards& Commissions Office Staff- Support Clerk Barbara Davis, Administrator
Paula Morikami
Excused Members: Joel Guy; Ed Justus; Sherman Shiraishi
Absent
SUBJECT DISCUSSION
ACTION___
Call To Order Chair Pro-Tem Stack called the meeting to order
at 4:07 p.m. with a quorum of 4 Commissioners
presen
al of Open Session Minutes of November 28, 2011
Approval Mr. TenBruggencate moved to approve the
Minutes minutes as circulated. MS. SUzawa seconded the
motion. Motion carried 4:0
Business CRC 2011-09 1-09 Proposed amendment revising Article XV of the Kauai
County Charter, relating to establishing a Department of Human Resources
a. Memorandum dated 113112 from County Council Chair Jay Furfaro
notifying the Charter Review Commission that the Committee of the Whole
has requested a progress report from the Administration's Human Resources
Subcommittee at the March 7, 2012 meeting and will forward Council's
comments shortly thereafter. Mr. 'renBruggencate moved to defer until
comments are received froin the County Council.
Ms. Barela seconded the motion. Motion
carried 4:0
2011-18 Election of Chair and Vice-chair for 2012 (Deterred to January 2012
Mr. moved to elect Patrick
Charter Review Commission
Open Session
May 23, 2011 Page 2
SUBJECT DISCUSSION _ ACTION
_._ Mack for Chairman and Carol Surawa for Vice-
Chairman with thanks for their upcoming
service. Ms. Barela seconded the motion.
Motion carried 4:0
CRC 2012-01 Revise Charter Review Commission Meeting Schedule for
2012
2++i4
a. Move March meeting to Monday, March 19 (was Tuesday, March 27
which is in conflict with the Civil Service Commission meeting)
Ms. Suzawa pointed 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
I9`h. Mr. TenBruggencate seconded the motion.
Motion carried 4:0
Next Meetln Monday, February 27, 2012
Adjournment Mr. TenBruggencate moved to adjourn the
meeting at 4:14 p.m. Ms. Barela seconded the
motion. Motion carried 4:0
Submitted by: ....... and Approved by:
Barbara Davis, Support Clerk Patrick. Stack, Chair
( ) .Approved as is.
( ) Approved with amendments. See minutes of _ meeting.
ARTICLE 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.
"I
Sign instruments requiring execution by the county,
including deeds and other conveyances, except those which the
director rector 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
in-forming the public as to county policies, programs and
o-cerations.
j. Approve or veto ordinances and resolutions pertaining to
eminent domain proceedings.
CRC 2012-02
K. Have a voice but no vote in the proceedings of all boards
and commissions .
L. Enforce the provisions 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.
ARTXCXX XX
POLICE DEPAR2M*WT
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 shall annually make a report to the commission of the state of
affairs and condition of the police department . (Amended 1984)
CRC 2012-02
Barbara Davis
From: Paula K8ohbanni
Sent: Monday, February 27. 2O1212:3BPyW
To: Barbara Davis
Subject: FVV: Testimony for Charter Review Commission
-----Original Message-----
From: Mel Rapozo [Egjilto-
Sent: Monday, February 27/ 2012 11:02 AM
To: Paula Morikami
Subject: Testimony for Charter Review Commission
Dear Charter Review Commission,
I understand that you will be meeting to discuss possible charter amendments as it relates to
the powers of the Mayor and the Police Commission in regards to the oversight of the Police
Chief. Z submit my testimony/ as an individual member of the County Council, to support
leaving the Charter as is. I don't believe that any amendments are necessary, however if you
believe that further clarification is necessary/ I would support that as long as the original
intent of the Charter is not changed.
As a result of the recent actions of the office of the Mayor and the Office of the County
Attorney, Z have conducted my own research in the matter. I have contacted many government
officials, including the Attorney General, State Senators and Representatives/ and various
leaders throughout the 4 counties. It is clear, in my opinion and the opinions of many
others/ that the state and county laws define the Police Commissions within the State of
Hawaii as the overseeing authorities of the police departments. It is my belief that the
Hawaii Revised Statutes clearly set up the police commissions to isolate the police
departments from the political powers of local governments. Can you imagine if any of the
Mayors retained the powers to control their respective police departments? This could be a
very dangerous concept.
As you deliberate possible actions today, please keep in mind the legislative intent of the
original authors of the Hawaii Revised Statutes and the Kauai County Charter. It would be a
travesty to set a precedent that could affect the rest of the State. It is imperative that
the power to oversee the Police Department remain with the Police Commission, and that the
political powers be prohibited from influencing the direction and function of the Police
Department.
Z thank you for your service, and am available to answer any questions that you may have
regarding this or any other matter. Aloha.
Mel Rapmzo
[hairl Public Safety Committee
Kauai County Council
-~^�
~
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 Attmrney/County 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 precedin
Revised 5/23/11 (New Sec.20.04-Non-substantive Charter Corrections)
CRC 2011-01
-------------------------- -------------------------
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 an
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, crud formatting errors
throughout the charter?
Revised 5/23/11 (New Sec.20.04-Non-substantive Charter Corrections)
CRC 2011-01
-------------------------
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair f:j ICY
foAnn A.Yukimura,Vice Chair Ricky Watanabe,County Clerk
Tim Bynum Jade K.Fountain-Tanigawa,Deputy County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)241-4188
Nadine K.Nakamura 4 0 OF Fax (808)241-6349
Mel Rapozo Council Services Division Email cokco aciloakagai.Soy
4396 Rice Street,Suite 209
LTjhu'e,Kauai,Hawaii 96766
'Q-7
MEMORANDUM 8 21312
March 1, 2012 BOARDS & ccx''gwssj�-,'-jc�
TO: Patrick Stack, Chairperson
Charter Review Commission
FROM: Ri&y Watanabe, County Clerk
RE: REQUEST FOR COMMENTS REGARDING RESPONSIBILITY OF
CORRECTING NON-SUBSTANTIVE CHANGES TO CHARTER
In general, I do not have a position regarding the correction of
non-substantive changes to the Charter.
Under the Charter, the County Attorney is the chief legal adviser to the
various agencies, including the Council. The Council, Clerk, and Council Services,
like other County officers and employees, will seek advice from the County Attorney
with respect to interpretations of the Charter. As such, the County Attorney is best
suited to determine if a revision constitutes a non-substantive change that relates
to grammar, spelling, and formatting errors.
Thank you for the opportunity to comment.
AN EQUAL OPPORTUNITY EMPLOYER 0
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
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
Mayor. 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.
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 Conmussion.
71113/11:proposed amendment by Cost Control Commission
/25111: as amended by Charter Review Commission
811"23/11 and 11130/11: solicit input from the County Council
COUNTY OF KAUA1
HUMAN RESOURCES TASKFORCE
4444 RICE STREET
LIHUE HI 96766
MAR 8 2012
March 7, 2012
BOARDS & C0tV1MjSSj(DN1'--
Mr. Patrick Stack, Chair
Charter Review Commission
County of Kaua'i
Office of Boards and Commissions
4444 Rice Street
L-ihu'e HI 96766
Re: Human Resources Taskforce Update Report
Dear Mr. Stack and Members of the Charter Review Commission:
Back in July 2011, at the request of the Cost Control Commission, the Mayor convened an
internal taskforce to analyze the feasibility and cost implications of creating a Human Resources
Department, centralizing personnel functions and services.
The attached communication to the Kaua*i County Council provides an update of the taskforce's
work and responds to specific questions posed by Council members.
If desired, the taskforce is willing to provide an update to the Commission on is findings and
recommendations at your earliest convenience.
Sincerely,
Human Resources Taskforce members
Marc Guyot
John Isobe
Karen Matsumoto
Kris Nakamura
Janine Rapozo
cc: Mayor Bernard P. Carvalho
Bernard P. Carvalho, Jr. Malcolm C. Fernandez
Mayor Director of Personnel Services
Gary K. Hen
Managing Director
DEPARTMENT OF PERSONNEL SERVICES
County of Kaua'i, State of Hawai'i
4444 Rice Street, Suite 140, LThu'e, Hawaii 96766
TEL(808)241-4956 FAX(808)241-6593
March 7, 2012
TO: JAY FURFARO, COLNiTY COUNCIL CHAIR itla
FROM: MALCOLM C. FERNANDEZ, DIRECTOR OF PERSONNEL SERVICES
VIA: GARY K. HEU, MANAGING DIRECTOR
SUBJECT: TRANSITION OF FUNCTIONAL RESPON IBILITIES - HUMAN
RESOURCES
This memo responds to your request dated January 3, 2012, regarding various items related to
the work currently being undertaken by the Human Resources Taskforce as follows:
I. The structure of how the current Department of Personnel Services would transition into a
Department of Human Resources.
The organizational charts depicting the current Department of Personnel Services (DPS) and
its proposed transition to an expanded Human Resources organization are provided for your
information and review. See attached Exhibit Nos. I and ?
1 A cost comparison for the transition from the Department of Personnel Services to a
Department of Human Resources.
The transition of DPS to include expanded Human Resources capability is being
accomplished by transferring existing positions, equipment, and supplies that are currently
provided for in other administrative departments to DPS. For the most part, the cost
associated with this transition is merely shifting funds that were previously budgeted in
various administrative departments to DPS.
The transition will require a one-time cost increase in the FY 2013 budget for temporary
contract clerical services and additional office furniture. However, it is anticipated that the
proposed organizational consolidation and expansion of Human Resources functions will
result in direct and indirect cost savings over time,
AN EQUAL OPPORTUArITY EMPLOYER
3. The current structure of the Department of Personnel Services with its appropriate -Table of
Organization, " and another "Table of Organization" that identifies the various "Personnel
Officers" or employees in each Department that handles those types cif personnel
In addition,please discuss how this current structure would change if a Department of
Human Resources is created.
The attached organizational charts referenced in Item No. 1. illustrate both the current
organizational structure of DP S and the proposed organizational chart for an expanded
Human Resources organization.
The table below lists the positions from various County Departments that are currently
assigned with personnel functions based on employee position descriptions:
DEPARTMENT POSITION % OF TIME
rCount orney Law Office Manager 15% i
Civil Defense Public Safety Services Secretary 20%
Council Services Departmental Staff Assistant 11 30%
=Finance HR Specialist 1 50%
I Fire Administrative Officer 50%
Fire Senior Clerk 20%
Housing Accountant IV 15%
Housing Agency Administrative Support Asst 30%
Parks & Recreation HR Specialist 1 950
Parks & Recreation Program Support Technician 11 95%
Police Departmental Personnel Assistant 11 95%
Police Personnel Clerk 1 90%
Prosecuting Attorney Departmental Staff Assistant 1 30%
Public Works Departmental Personnel Officer 100%
Public Works Departmental Personnel Assistant 1 100%
Transportation Accountant 111 I 400
Water Human Resources Coordinator 100%
Based on Departmental surveys and desk audits, employees' actual duties were often
inconsistent with their position descriptions. In addition, other positions within the
various Departments who perform personnel functions were also identified as follows:
I I
DEPARTMENT POSITION DEITIES
1 Economic Devel9p
plent Secretary Personnel Liaison
Elderly Affairs Administrative Specialist Personnel Liaison
Fire Public Safety Services Secretary Personnel support
services
Li uor
L' uor Control Commission Se
c
ret—ar-7
Personnel Liaison
PIannin S t a ff Services Assistant Personnel Liaison
Police Traini Lieuten Traini.
Police Research and e,el 0 went Lie u tenant
Recruitment
4. Provide a "Function and Services" comparison between the current Department of
Personnel Services and the proposed Department of Human Resources, include in vour
comparison,fiscal implications, etc.
DPS is the central personnel staff agency for the County and is currently organized to
perform five major functions:
o Administration
o Classification and Pay
o Labor Relations
o Recruitment and Examination
o Transaction
Some of these DPS functions and responsibilities have been decentralized and are also
being performed by individual departments.
Likewise, other core human resource functions including human resource management
and employee relations (benefits, employee assistance programs, conflict resolution),
training(health and safety awareness, injury prevention), workers' compensation and
ADA/EEOC are currently assigned to other departments or non-existent.
The attached chart (Exhibit No. 3) illustrates of how the current functions performed by
DPS and the individual Departments will be shifted and consolidated under the expanded
Human Resources organization.
cc: Cost Control Commission
Civil Service Commission
Charter Review Commission
COUNTY OF KAUAI Exhibit I
DEPARTMENT OF PERSONNEL SERVICES
POSITION ORGANIZATION CHART
Acknowledged: (October 2011)
Director of ersonnel S Date
Approved: CIVIL SERVICE COMMISSION
(7 MEMBERS)
r Be mar d C Date
OFFICE OF THE DIRECTOR
Director of Personnel Services
Pos. E-7 Ordinance
Private Secretary
Pos. E-2102, SR-20
LABOR RELATIONS& PERSONNEL
MANAGEMENT
Personnel Services Manager
Pos. 2101, EM-5
Secretary
=e
10 c ta7
:2, SR 20
Personnel Management Personnel Program Personnel Management Personnel Management
Specialist V list V Personnel Clerk 11 Personnel Clerk I
Analyst Specialist IV Specialist IV Pos. 111,
Pos, 2104, SR-24 11 0 S Pos. 2107, SR-13 Pos. 2111, SR-11
Pos,2105, SR-26 Pos. 2109, SR-22 Pos. 2110, SR-22
Human Resources
Proposed Restructuring Exhibit 2
Civil Service Commission
Director of Human Resources
HR specialist 11 Private Secretary
(Admin Services/Benefits)
SR-22
HR Assistant HR Assistant HR Clerk HR Clerk
SR-15 SR-1S SR-13 SR•13
Human Resources Manager It Human Resources Manager it
(Recruitment&Exam) (Labor Relations& Human Resources Manager It
Classification) (Health&Safety/Emp get)
EM-03
EM-03 EM 103
Human Resources Specialist ii Human Resources Specialist it Specialist 11 Human Resources Specialist It Human Resources Specialist if
(Recruitment&Exam) (Labor Relations) {Classification) (Training&Workers'Comp) (EEO/ADA)
SR-22 SR-22
SR-21 SR_22
Human Resources Specialist H Human Resources Specialist I
(Recruitment 8,Exam) (Classification) L Fquipment Operator 7rainer
SR•22 SR-20
Exhibit 3
PROPOSED HUMAN RESOURCES RESTRUCTURING
FUNCTIONAL DIVISIONS
Department of Personnel Proposed Human Departments
JiDiepartmients
Services Resources Restructurin
ADMINISTRATIVE
SERVICES/BENEFITS
DIVISION
Prepare payroll
certifications .0
Serve as resource and final
authority in processing
payroll certifications
Set up and maintain
official personnel files
Record and maintain
certifications, licenses,
physical exams and other
employment requirements
Document, track and
prepare Job Performance
Reviews; review .4
completed forms and file
New hire orientation to
Countywide policies and
procedures
I New hire orientation on
department specific I
policies and procedures
New hire benefits
enrollment (health .0 1
insurance, ERS, etc.)
Open enrollment
information to eTLoyees�
I Open enrollment
processing
1 ERS communications
Prepare, process and
manage EAP program;
provide training to
de artments
Page 1 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services Resources Restructurinji Departments
ADMINISTRATIVE
SERVICES/BENEFITS
DIVISION (continued)
I Init iate request for leave
donation
Coordinate pre-retirement
workshops
Administer TDI program;
prepare reports; provide
informational training to
departments
Initiate request for TDI
benefits
Develop and administer
FMLA program including
Countywide policies and
procedures and
informational training
Initiate request for FMLA
benefits
Coordinate deferred
compensation and flexible
spending programs; enroll
I I employees
Conduct exit interviews
COBRA enrollment as
needed; feedback to
affected departments
Page 2 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services Resources Restructurin
CLASSIFICATION
AND PAY DIVISION
Initiate request to create
new position description/
position description review, I
i providing summary of
scope of work, essential
functions, licenses,
certifications, equipment,
environmental factors, etc.
Prepare position
descriptions including
FLSA determination
Review position
description
Assist departments with
preparing/creating
organizational charts
Prepare organizational
charts annually and as
needed
Job evaluation, analysis
and grading
Page 3 of 6
Exhibit 3
Department of Personnel Proposed Human u
Departments
Services Resources Restrcturin I
RECRUITMENT AND
EXAMINATION
DIVISION
Complete vacancy ;
i
I requisition NeoGov I
Draft and prepare
recruitment and/or e--
retention incentives
I Distribute job posting
Countywide
I—►` Place ad in news p a er 14
Prepare and administer
tests
--►
Accept applications
—►� Screen applica tions !�
Assist in the development
of interview questions; 1
assure compliance ,
regarding interview
questions
t Interview applicants
Assist in the development
of reference check
questions; process
fingerprinting as needed c
Conduct reference and j
I
background checks
Recommend selection to
I I Mayor(NeoGov); prepare
correspondence; contact I
I individual
Coordinate with j I
Department and process '
I 3 selected applicant for drug
Itest, physical exam and
other required qualifying
tests
Schedule pre-employment
screeningsf
j Complete new hire
paperwork including I�
j ` ? benefits enrollment
Page 4 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
es tur
Services Resources Restructurin
N
]LABOR RELATIONS
DIVISIONE
1 Survev departments on
recommendations for
contract chan 9 es, develop
o and recommend changes
to Mayor: prepare costing 11
reports and participate in
negotiations
Provide input on impact to
department and recommend I
proposals on contract
changes
Develop and maintain
guidelines on discipline;
recommend possible
actions
Document and resolve
disciplinary problems
tReceive-notice of internal
complaints; assist
departments to coordinate
and conduct
investigations; advise and
consult on appropriate
action; and maintain files Work with HR and
d
Attorney's office in
coordinating investigations, 1
designating investigator,
preparing report of findings
and taking corrective action 1
i Receive and respond to
grievances up to
Department Head level in I
consultation with HR
Respond to Employer
level grievances and
arbitration cases as needed 1
Distribute information to
all departments on
grievance decisions for
consistency in contract
inter retations
Page 5 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services Resources Restructuring
HEALTH AND
SAFETY DIVISION
Administer substance
PJabuse testing and SAP
referral programs
including Countywide I
policies and procedures
Plan, develop and
implement Countywide
training
Oversee and assist with
departmental training
programs; coordinate
I training for optimal use of
resources, sharing training
opportunities with all
departments
Plan, develop and
implement departmental
specialized training
programs
ADA/EEOC support
Manage workers'
compensation claims in
consultation with
departments and third
i party administrators
including implementation
of Return to Work
Program for injured
employees
Page 6 of 6
County Council- Partial Districting (Four District/Three At-Large)
1. "Section 3.02. Composition. There shall be a council of seven members [elected at-large].
Three members shall be elected at-large by all registered voters in the county. Each of the
other four members shall reside in and shall be elected from a separate council district by
registered voters residing in that separate council district.
Section 3.03. Terms. The terms of office of[councilmembers] council members shall be [for
two years] two years for district seats and four years for at-large seats beginning at twelve
o'clock meridian on the first working day in December following their election. No person shall
be elected to the office for more than four consecutive two year terms for district seats, and
more than two consecutive four year terms for at-large seats.
Section 3.04. Qualifications.
A. To be eligible for the council, a person must be a citizen of the United States and must have
been a duly qualified [elector] registered voter of the county for at least two years
immediately preceding his or her filing candidacy papers for election [or appointment]. In
addition, those candidates for the council who intend to represent one of the four council
districts must state which district they intend to represent and that they have been a
registered voter of that district for the preceding ninety days. Should a council member
move from, or be removed from, any of the seven council positions from which that person
was elected, any replacement appointee must meet all requirements of a candidate for that
position.
B. Any [councilman] council member who removes his or her residence from the county or
district from which elected or is convicted of a felony, shall immediately forfeit his or her
office.
Section 3.19. District Election and Reappointment.
A. The first election by separate council districts shall be in the primary election of 2014.
B. The year 2021 and every tenth year thereafter shall be district reapportionment years.
C. An initial council district apportionment commission shall be constituted on or before the
first day of April, 2013. A council district reapportionment commission shall be constituted
on or before the first day of July of each district reapportionment year or whenever district
(Revised 2/16/12 by Ed Justus) CRC 2011-17
reapportionment is required by court order. The commission shall consist of seven
members. The members of the commission shall be appointed by the mayor and confirmed
by the council.
The initial council district apportionment commission shall be responsible for designating
the geographic boundaries of the council districts provide for above. The council district
reapportionment commission shall be responsible for the reapportionment and redistricting
of those districts.
The commission shall elect a chair from among its members. Any vacancy in the
commission shall be filled in the same manner as for an original appointment. The
commission shall act by the majority vote of its membership and shall establish its own
procedures. No member of the commission shall be eligible to become a candidate for
election or appointment to the council in the initial election held under any apportionment
or reapportionment plan adopted by the commission.
The commission shall be furnished all necessary technical and secretarial services. The
mayor and the council shall appropriate funds to enable the commission to carry out its
duties.
D. In effecting the initial apportionment and each subsequent reapportionment, the
commission shall be guided and comply with all applicable Federal and State Laws.
E. On or before February 1 of the year following appointment, the commission shall file with
the county clerk an apportionment or reapportionment plan, which shall become effective
upon its filing.
F. Any registered voter may petition the proper court to compel, by mandamus or otherwise,
the appropriate person or persons to perform their duty or to correct any error made in the
district apportionment or reapportionment plan, or the court may take such other action to
effectuate the purposes of this section as it may deem appropriate. Any such petition must
be filed within forty-five calendar days after the filing of the plan.
G. The commission's tenure shall end upon the filing of its plan."
(Deleted material is bracketed, new material is underlined)
(Revised 2/16/12 by Ed Justus} CRC 2011-17
2. Ballot Question I:
Option A:
1) Effective 2014, shall four of the seven council members be elected by districts (North
ShOre, Eastside, South Shore/Central, Westside) and three of the seven council members be
elected at-large, with a commission to be appointed in 2013 to establish district
apportionment, and shall 2O21and every tenth year thereafter beadistrict
reapportionment year?
2) |Fpartia}-cli5trictingofthe council is approved, shall council members elected by district
serve two-year terms and council members elected aL large serve four-year terms?
Option B:
1\ Effective 2Ol4/ shall four Of the seven council members be elected by districts (North Shore,
Eastside, South Shore/Central, Westside)to serve two-year terms, and three of the seven
council members be elected at-large 10 serve four-year terms, with a commission 1Vbe
appointed in2OI31oestablish district apportionment, and shall 2O2Iand every tenth year
thereafter b8a district reapportionment year?
Ballot Question 2:
1) If partial-clistricting of the council, with two-year terms for district seats and four-year terms
for at-large seats, i5 approved, shall the term Of office for council members elected by
district be limited to four consecutive two—year terms, and for council members elected at-
large be limited tO two consecutive four-year terms?
��8��� ')��1 � 1 '7
[Revised 2/16/12 by Ed Justus) ~,r��� ����/ /-� /
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 8662 NO j 3141 Difference
1996 - 5 District Seats Z 2 At-Large Seats
8456 YES j 9589 NO 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.
11990 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"Yates; 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 Kdua"i website)
CRC 2011-17 a.
4
Qpulation Breakdown of Each Toj
According to 2010 Census Data:
Towns Listed from West to North:
West District:
Niihau- 210
Kekaha- 3557
Waimea- 1855
Pakala/Makaweli- 294
Kaumakani- 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
Kafihiwai- 428
Princeville- 2158
Hanalei- 450
Wainiha- 318
Haena- 431
Sum= 8811
i • # a
.. _ I \:, .....j' msµ,' -.Ir� �.-'_�_• w. ..
NORTH
lij
t r tt o `:u
ie r`a,
N
1
I'. ' II ,�1I•'
WEST :, SOUTHI
CENTRAL
#w
0.
• #w
°
�
Barbara Davis
From: jgnathanjay _
Sent: Friday, 2012 10:53 PM
To: Pshach@havvai|antel.net; Barbara Davis
Subject: Fwd:ADistrict Proposal for the Charter Review Committee:At-large Voting-Candidate
Residency Requirement Districts fovKoua'i
Attachments: 8d|strictsKauaijpg
Follow UpFlag: Follow up
Flag Status: Flagged
Aloha Patrick.
{ got your email from Ed Justus, who recommended i contact you as the new chair of this committee with
districting proposal, as i guess the issue ofdistricting is coming up So0o for discussion.
Since there may soon be some focus on the issue of districting for the county council, i would like to submit this proposal for your
consideration. I would like to think that pono districting for Kaua'i is an idea who time may have finally come, and that if done right,
could be quite helpful in improving the quality of our county council,as well as fostering closer and more direct involvement of more of
Kaua'i and NiihauRs citizens and residents to more effectively engage in our our local governance and foster improved function of
grassroots democracy.
Districting for Kaua'i is something that i have given serious consideration to for over half a dozen years. Cartography and democratic
invigoration being two interests of mine.
This proposal i call "Moku Districts" is similar to method Maui has adopted -at-large voting across the whole island for candidates that
meet residency requirements bzrun |n each district.
1) is simple'all one kind,clean and simple, not a complicated hard kz understand hybrid o/at-large&district representative or multi-
tiered hierarchicalcounci|with2and4ymarseats.
2) is practical and easy to understand -you must live in the district whose seat you are running for, but everyone on the island
continues Lu vote for seven candidates' 1 |n each district.
3) is based on Hawaiian culture/tradition - it is wise to build upon the accrued wisdom of a culture that thoroughly understands this
mokupunioKaua`i
4)would benefit us as a community today-by ensuring some one from every part of the island will be at future council tables when
resolving issues that affect the whole island
5) is simple&inexpensive to implement- it could be done once, then left alone,the mechanism of at-large voting freeing Kaua'i from
expensive&reoccurring redistricting battles and jerry-mandering every ten years based on new census data. With at-large voting,
there is no constitutional requirement for population equity(+/-596) between districts to maintain proportional representation.
6)Since each Council Person seated in each district chair, lives in that district, she or he becomes the obvious go-to person to direct
issues of that district. This is extremely helpful because frequently, Kaua'i citizens do not know where to begin to get their local issues
resolved.
7)at-large voting across the island;s kept- people like it. Since voting for each council person still takes place across the entire
is/end, our unity aman island is preserved, and regional infighting or OhonetradingO where one district OMghLsO with another over
resources will not be increased by this form of at-large voting districts. Issues must still be resolved with the greater interest of the the
island as the primary focus.
At-large Voting,Candidate Residency Requirement OMOKU0ISTRDKTSOa proposal for Mama`i
What would these districts look like? Here is a simple colorful map ofKaua`i that is very easy k) understand
for the voters Kaza`itoconsider adopting in November of 20l2, Moku Districts for the Kaua`i County Council.
This map and the divisions theme-|D are based on traditional economic &politica} land divisions determined by
the pre-contact polyDesiun culture after l,00A years 0f living On Kao4`i, and are built up from Ahupua`a
(watersheds) and MokV(phyyico]ly distinct regions, 0rdi8trids). For practical purposes, these have been
adapted slightly to conform to contemporary living patterns and settlement locations and towns.
•< Mira�� ..j.• •r •� ��� 'i•i/�JC /�, I `��
����•r � �/ r 'SjT
sly
•
of
Own
W4 77'
Ar
A
•
At-large Voting, Candidate Residency Requirement Districts for Kaua'i - How Would it Work?
From the VoterEs experience- there is virtually NO Change- still 7 votes in the Primary& 7 votes in the
General,just as presently,
however, what would be distinct is that the voter would choose between candidates within a district, and be
allowed I vote per district.
From the CandidateLls experience- each candidate must be a legal resident of the district they are running from,
and would run directly against other candidates from their part of the island vs. as an at-large candidate running
in a field of seven.
From the Primary- the two highest vote-getters from each district advance to the general election, for a total of
14 as is presently the case.
In the General - the highest vote getter from each district is seated at the council, for a total of seven, as is
presently the case.
To put it another way, instead of I big race w/ 7 winners, there would be 7 smaller races w/ I winner in each.
Each council-member would still E-7 represent 0 all of the island, having been placed into office by voters
from all of the island.
The prime difference would be that now when issues come before the council the affect the whole island,
some one from each part of the whole island would be at the table to contribute to coming to a solution -
every time... if this was the will of the people of Kaua'i.
A Second Ballot item for you to consider presenting to the Ballot
Additionally,perhaps as a second ballot item, in order to diminish the traditional "horse-wrangling"and
�-insider deal-making that accompanies each new seating Q o'f the council when it comes to determining whom
shall be the "Council Chair"I suggest we instead let the voters decide, by amending the charter to
automatically assign the Council Chair duties and responsibilities to the L.!highest vote-getter in the at-large
voting Council race.
I am available to answer questions by email or phone-634.6267, and look forward to being able to come into
Lilme and testify before the committee.
Please let me know how you feet i may best be of service.
aloha,
jonathan jay
for further background reading on this matter, I point you to this T article I co-wrote back in 2007 with Architectural Planner 3uan
Wilson:
http://islandbreath.org/2007Year/20-HookahiKauai/0720-06Ahupuaa.html
3
2011 /2012 Tracking of Proposed Amendments
Charter Proposed Amendment Legal Review -i" Commission Future Action
Section Review
Sent Red
C"FtC, 241 t-41 -6c�rc�ii u g-non-substantive-- I—/I I- 3/7/11 Deferred to 02/12 for
§24.04 (new) Charter substantive language to comments from
Clerk
gistered voter signatures 4/26/11 5/2/11 frace January 2012 �(,�r
CRC-2""2 Percent of
on petition to propose amendments ballot question & further
review
CRC 2011-05 Clarify wording of I st sentence of
N/A N/A N/A N/A
CRC 2011-04 Percent of—registered
ter signatures 4/26/11 5/2/11 Trace January 2012 for
§2103 C for initiative and referendum petition ballot question & further
review
C-RG-2"PM
§2443 c�f�rr-e d—t o--2
b 0-
(comments red from
CRC 2411-47 .. Admin &Counc0,_________
Clarification rotating to the -3-/25/1-1 -�/9/1
election of Trace for mid-2612 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 Approve as amended; 6
§23.01, §7.03 d 11
& §29.00 pending ballot question
CRC 2011-09 Establishing a Department of Human 6128/11 Deferred 11/28/11;
§XV Resources
via CCC awaiting further response
from Council sub-
committee.
N/A N/A Received for the record;
Chatter/Tracking of proposed Amendments-2011/2012(updated 11/17/11)
CRC 2011-13
201 1 /2012 Tracking of Proposed Amendments
filed; No further Action
No further further
CRC-2444-4 _ N1A NfA � ���__.� __._ ___._.__._____.___..__.�______,_
CRC 2011-11 Term limits for board and commission X11 9�AWJ1 �. I - Amendment
§23.0211 members approved pending ballot
_
Revisions to rp opused amendment 10/16/11 11/10/11 a stir n
9 '_____. ..
C1C 2011-12 _ ttlZeview for proposed changes to the ___-��._ -
Article Code of Ethics
9126-defer until
20.03--Contracts($1,000) � m
re uested as a cnda item
20.02 D-_.Appear in behalf of private _ - 1/1 _ _ ' . .
9126--defer to 1f12,
interests develop appropriate
20.03 A -Contracts Clarity definition of
"competitive bidding"
defer to 1/12
20.041 - Disclosure Section Repeat or move language m
into new section to avoid
limiting Council authority
to Disclosures only
9/26 -deter to 1/12
14tin t _.. g
Wiled-� -11��f=�-second
CRC 2011-15 9A.03 Prosecuting Attorney-- �� ������-��_��`� � ti
13&C awaiting proposed
Article 1 A Change statutory authority for budget language from CPA; then
review process forward to Mayor,
Council KPD, etc., for comments
9A.03 Prosecuting Attorney- 13rC awaiting proposed
Expand Prosecutor's authority language from OVA;then
forward to Mayor,
Council KPD, etc., for
Charter/Tracking of E'roposed Amen dments_2Q11/2(712(updated 2/15/12)
C'RC 2011-13
2011 12012 Tracking of Proposed Amendments
•:+ - Denotes possible ballot question; review and prioritize
Charter/`tracking of Proposed Aane:ndxnents_2011/2012(updated 2/15/12)
CRC 201143
101 Ill
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/County 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 Kaua'i 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 2011-01
(9 (a
section", "this article", and like terms•
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 an
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) clays 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 KLqua'i 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 1 CRC 2011-01
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] Y21!4 signatures of
registered voters."
Note: New charter material is underscored.
Ballot Question.
Draft: 3-30-11 (Sec.24.01—Charter Petitions)
CRC 2011-05
J
An Amendment Relating to Submission Requirements for Initiative and
Referendum Petitions.
Findings and Purpose.
Charter Amendment.
Article XXII, Section 22.03 of the Kaua'i 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
Nate: Charter material to be repealed is bracketed. New charter material is
underscored.
Ballet Question.
1/24/11—introduced by Jan TenBruggencate
5/2J11—legal review complete;ballot question pending
Draft: 3-30-11 (Sec.22.03—Initiative and Referendum)
_d CSC 2011-04
i 9
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
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: 8-24-11 (Sec.1.03—County Elections)
CRC 2011-07
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-lame 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 laced on the ballot for the general election.
In the event of a tie vote for the last remaining at-lar ge 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)
CRC 2011-07
rr
determined by the county clerk."
Note: Charter material to be repealed is bracketed. New charter material is
underscored.
Ballot Question.
8/25/11: 1'Legal review received
9/29/11: Resubmit changes for legal review.
14/10/11:Legal review received
Draft: 8-24-11 (Sec.1.03—County Elections)
CRC 2011-07
(a 6
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 Q 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 sale[y lower than the maximum fi gure established by the
salary commission for their position.
CRC 2011-08
Revised Draft: 8-22-11 (Articles XXIX,XXIII&vit—county Salaries)
Section 29.04 Rules. The commission shall establish its rules of procedures and
adopt rules and regulations pursuant to law.
Section 29.05 changes 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 29.061 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&VII—County Salarlesj
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 ?Q11-0 8
Revised Draft: 8-22-11 (Articles XXIX,XXIII&VII—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)
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. Or ganization. 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] 2f 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 riles 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
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
Mayor. 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 iniury prevention.
D. Workers' compensation.
E. Equal employment opportunities,
F Workforce coordination and planning.
G. Administration of the civil service system as prescribed by statute.
H. Other related duties as may be determined by the Mayor."
Note: Charter material to be repealed is bracketed. New charter material is underscored.
Proposed Ballot Question:
Shall the title of the Department of Personnel Services be changed to Department of
Human Resources and its existing scope of responsibilities broadened to include a
more comprehensive human resources function?
6/28/11: Legal review by County Attorney's Office;confidentiality waived on the communication by the Cost
Control Commission.
7/13/11: proposed amendment by Cost Control Commission
71125/11: as amended by Charter Review Commission
8/23/11 and 11130.'11.: solicit input from the County Council
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.
10/16111—Peview for legality and compliance by County Attorney Office
11/10/11—Review received from County Attorney
CRC 2011-11
fal
Charter Review Commission
Timeline for Charter Amendments
February 2012
DRAFT
March 19, 2012 Cutoff date for proposed Charter Review Commission
(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 § 11-119(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) printing, folding and stuffing in mail-out ballots
TBD,2012 Finalized camera-ready voter education for MidWeck
Kauai
September 22,2012 Mail-out of General Election absentee ballots to
(Saturday) overseas voters(allows for 6 day challenge following
primary+4 day judicial response) (Federal guideline
suggests 30-45 days prior to General)
Mail voter education to non-Kauai addresses
--d-ctober 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
prior)
'Leek of-October 15, 2012 Publish voter education in MidWeek Kauai
CRC 2012-03
October 23 (Tuesday) to
General Election walk-in absentee polling period;
November 3 (Saturday), pursuant to HRS § 15-7
2012
November 6, 2012 General Election
(Tuesday)
December 6, 2012 1 County Clerk to publish approved Charter amendments
(Thursday) in a newspaper of general circulation in the county
within 30 days.
CRC 2012-03