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HomeMy WebLinkAbout2012_0625_CharterAgendaPacket Patrick Stack Members: Chair Mary,Lou Barela Joel Guy Ed Justus Carol Suzawa James Nishida,Jr, Vice Chair Jan TenBmggercate COUNTY OF KAUA'1 CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, June 25, 2012 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Liihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of May 21, 2012 BUSINESS CRC 2012-08 Review and discussion of Findings & Purpose and Ballot Questions for consideration 01 r moving proposed charter amendments for legal review by the County Attorney's Office. CRC 2011-17 Proposed amendment from Commissioner Justus revising Article 111, County Council, Sections 3.02 Composition, Section 3.03 Tenns, and Section 3.04 Qualifications relating to Partial Districting(deferred from 5/21,12)) b. Discussion and possible decision-making on the findings and recommendations of the Special Committee on County Districting to the Charter Review Commission as presented to the Commission at the April 23, 2012 meeting, pursuant to HRS §92-2.5 c. Special Committee proposed amendment for County Council Partial Districting (Four District/Three-At-Large) d. Special Committee proposed amendment for County Council Districting— Seven Districts, At-Large CRC 2012-05 Memorandum dated 4;%I0,'1? from the Prosecuting Attorney's Office proposing charter an end eats to Article V111 relating to the Office of the County Attorney 1) (deferred from 5/21/12) b. Proposed changes from Commissioner Ed Justus to Article V111 An Equal Opportunin,Employer CRC 20122-06 Memorandum dated 4110/12 from the Prosecuting Attorney's Office proposing charter amendments to Article X1 relating to the Police Department (deferred from 5/21/12) CRC 2012-07 Item 2 of Memorandum dated 4/10/12 from the Prosecuting Attorney's Of proposing a charter amendment to Article XIX, Section 19.02 B,to change the I budgetary process (deferred ftom 5,121,'12) EXECUTIVE SESSION, Pursuant to Hawaii Revised Statutes §§92-4, 91-5 (a) (4). and 92-9 the purpose of this executive session is to receive and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties. 1 1 , privileges, immunities, and,/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-4: Executive Session Minutes of May 21, 2012 ANNOUNCEMENTS Next Meeting: Monday, July 23, 20122 at 4:00 pin in the Mo'ikeha Building, Meeting Room 2A/B Z:7, ADJOUR-NMENT 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 HRS §915(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: 1. Your name and if applicable, your positioni"titie and organization you are representing, 2 The agenda item that you are providing comments on: and 1 Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to sub it your testimony at least 224 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, Charter Review Commission—June.)5, 2412 2 1! 7 a g e 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 Uhu"e, HI 96766 E-mail:bdavi s(d ka-1 iai (Yov 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—June 25, 2012 3 1 P a g e D no�e COUNTY OFKAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date May 21, 2012 Location Mo'ikcha Building, Meeting Room 2A/2B Start of Meeting: 4:05 p.m. Meeting Recessed: 6:05 p.m. Meeting Resumed: 4:30 p.m., 5/23/12 Meeting Adjourned: 6:35 p.m. Present (,ban- Patrick Stack, Vice-Chair Carol Suzawa. Members: Joel Guy; James Nishida; Jazz TenBruggencate Also: Deputy County Attorney Jennifer Winn; Legal Consultant Curtis Shiramizu.- Boards & Commissions Office Staff- Support Clerk Barbara Davis; Administrative Aide Teresa Tainura Public Testitiers: Charlie Iona _Txcused Member: Mary Lou Barela; Ed Justus Absent SUBJECT DISCUSSION ACTION Call To Order Chair Stack called the meeting to order at 4:05 w I nirmssmne�s -sent ill 5 Co Approval of Regular Open Session Minutes ofApn'I 23, 2012 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Ms. Suzawa seconded the ___ __---------- motion. Motion carried 5:0 Executive Chair Stack read the Hawaii Revised Statutes Session provision as outlined on the agenda to take the Commission into Executive Session for consideration of ES-3 as listed, Mr. TenBruggencate moved to suspend going into Executive Session until Attorney Castillo arrived. Business CRC 2012-02 Deliberation and decision-making on a possible amendment to the Kaua'i County Charter related to Article VII, Section 7.05 as to the -—------ _authority over commission appointed djc�Lartmei t'jieads (o r. Ten#rn getIcate i-noved to defer this item to ug Charter Review Commission Open Session May 21, 2012 Page 2 SUBJ EC J DISCUSSION ACTION follow the Executive Session. Ms. Suzawa seconded the motion. Motion carried 5:0 Charlie Iona declared for the record that lie is appearing as a private individual who sits on the Police Commission but he is not testifying on behalf of the Police Corrimission as a,whole regarding the matter that stemmed froin what happened to the Police Chief. The Mayor contends all along that lie has the power to do what he did and that is the Mayor's prerogative. What the Mayor did is presently silent in the Charter. Another section of the Charter is silent but different actions were taken. This pertains to the Salary Commission and their minutes of the August 5, 2011 meeting which are public record. The minutes reflect a dialogue between Administrator John Isobe and the Salary Commission. It pertained to whether the Mayor had the right to freeze salaries or not. The dialogue states: Mr. Isobe: I think that was the overriding question that we discussed at the Commission's last meeting and that the Resolution that was passed previously by this body which states that the Council and the Mayor could fteeze the wages based on the budget and, in fact, this current budget does not provide for any salary increases. The question that arose was whether or not the Commission's Resolution, which states that the Council -Ind Mayor could freeze the salaries based on the budget, was an improper statement or not because only the appointing authorities can freeze the salaries. The Mayor has the authority to freeze the salaries of all department heads which are under his control. For example, the Mayor has the authority to freeze the salary of the County Engineer but he does not have the authority to unilaterally freeze the salary of the Planning Director. The Mayor has the control over salary freezes of those he appointed. He does not have that authority over those who are appointed by Commissions. This provision is also silent under §7.05. It does not talk about freezing salaries. You have 2 silent languages; one pertaining to discipline and one pertaining to salaries. With re I vard to salaries, -1 the Commissions -�wellot ir on 11--- Charter Review Commission Open Session May 21, 2012 Page 3 SUBJECT DISCUSSION ACTION because the Chair of the Salary Cormilission, further stated that the salaries they were setting were simply maximums and it is left up to those Commissions whether they want to give salaries of the maximum caps to their appointees or not. Because it is silent there is the situation as in §7,05 of discipline which is also silent under those provisions and yet he elected to Mr. TeliBruggencate moved again to defer CRC . the other way around.___ 2012-02 until after the Executive Session. Executive Session Mr. TenBruggencate moved to go into Executive Session at 4:16 p.m. to consider item ES-3. Ms. Suzawa seconded the motion, Motion carried 5:0 Chair Stack read the Hawai'l Revised Statutes as described on the agenda that would take the Commission into Executive Session for itcrn ES- Return to The meeting resumed in Open Session at 5:07 p.m. Open Session Business CRC 2012-02 - continued Mr. 'retiBruggeticate said his position continues to be that the Charter is clear and he disagrees with the position of the Administration and its Attorney. He said he was willing to push this out to await the Resolution of the court. If it does not go in a way that charities the intent and prevents disruption to County activities in the future then he Would be fially prepared to make changes to the Charter. Asked to explain if the court's Declaratory Decision would just provide a ruling on the petition or actually provide the language that should be written irtto the Charter, Attorney Winn said it would be an interpretation of tile language that is already in the Charter. There are 3 possibilities; Charter Review Commission Open Session May 2t, 2012 Page 4 SUBJECT DISCUSStON AgION to the language the Mayor does have this authority, 2) due to the language the Police Comrnission has the authority, or 3) they could say they will not make the decision regarding this, Mr. Nishida moved to def(-,-r the item until the filing of the Declaratory Order. Ms. Suzawa seconded the motion. Mr, "renBruggencate asked that the motion be expanded to ask the Staff to bring the issue back to the Commission, in consultation with the County Attorney's Office, when there is legal action, Mr. Nishida amended his motion to include the expanded motion as suggested. Mr. 'Ferd3ruggencatc seconded the motion. Motion carried 5.0 Attorney Winn ftirther explained that whatever happens as a result of the Declaratory Order action as to the circumstances is separate. Whether or not the Commission likes what the Judge rules that may be when they want to look at the Charter and create language as needed. Because it is a Court Order, unless it is appealed that decision needs to be followed. Mr. TenBruggericate said after the Court makes its ruling, from that point on that is the way it has to be read. Attorney Winn told the Commission that the Declaratory Order has not been filed in Court but Special Counsel has been hired for the Police Commission. Charles Iona -There is a lot riding on this because the ruling will ultimately affect the Corritnissions of all counties and the rulir will be y CRC 2011-17 Proposed amendments from Commissioner Justus revising Article t1l, County Council, Sections 3.02 Composition, Section 3.03 Telfris, and Section 3,04 Qualifications relating to Partial Districting. (ongoing) Charter Review Commission Open. Session May 21, 2012 Page 5 SUBJECT DISCUSSION AC'I"IC)N b, Discussion and possible decision-staking on the findings and recommendations of the Special Committee on County Districting;to the Charter Review Commission as presented to the Commission at the April 23, 2012 meeting;, pursuant to LIRS 92-15 c. Special. Committee proposed amendment for County Council Partial Districting (Four District/Three At-Large) d. Special Committee proposed a nendment for County Council Districting;— Seven Districts, At-Large Ms. Su:rawa said Proposal I as shown on the last page of the report was discussed but not necessarily chosen. It was still an option with 3 seats At- Large and 4 District seats. Item.II left all 7 County Council seats At-Large. Item III was thought as being;an ideal proposal by creating;neighborhood. boards. Itern IV may be more realistic if a Councihnetnber was assigned to be in charge of a District to allow those communities to be heard rather than voting by Districts. The Sub-committee could not reach a conclusion on the proposals and thought it should be left up to the Commission as a whole to discuss since it is not ready for the ballot. Mr. TenBruggencate moved to defer this item to the June meeting;. Mr. Nishida seconded the motion. Motion carried 5:0 CRC 2012-08 Review and discussion of Findings & Purpose and Ballot Questions for consideration of moving;proposed charter amendments for legal review by the County Attorney's Office, Curtis Shiramizu was introduced as the Legal Consultant to the Commission to help fortnulate the language for the Findings and Purpose and Ballot questions for the Charter proposals. ('harter Review Commission Open Session May 21, 2012 page 6 SUBJEC'"I' DISCUSSION ACIJON Ms. Suzawa stated that she has a problem with long questions and asked if the proposed wording was the final version. CRC RC`201 1-0 and Refereuidum 22.03 Proposed Ballot Question: Should the requirements for submission of an initiative or referendum petition be amended to clarify that such petitions must be signed by registered voters comprising a certain percentage ofvoters registered in the last general election'? Revised Ballot Question: Should the requirements for an initiative or referendum petition be amended to clarify that such petitions must be signed by registered voters registered in the last general election'? CRC 2011-05 Charter Amendments Proposed Ballot Question: Should the requirements for initiating amendments to the Kauai County Charter be amended to clarify that arnendments may be initiated by petition containing valid signatures of registered voters comprising a certain percentage of voters registered in the last general election'? Reviscd Ballot Question: May amendments to the Kaua'i County Charter be initiated by petition signed by registered voters'? CRC 2011- -- i 11,-L(jL g-t Boards and Commissions Met ibex Proposed Ballot Questions: Should a County board or commission member whose term is ending be allowed to serve on a different County board or commission without being required to wait one year? Ballot question approved as submitted. Charter Review ''onunission Open Session May 21, 20 t 2 Page 7 SUBJFVT DISCUSSION ACTION CRC 201-2-04 Powers uties and Functions of the Office of Prost-outing AtLtorneyA9A,03, Findings and Purpose: The Commission finds that the current provisions of Article IXA of the Kauai County Charter relating to the powers, duties and functions of the Prosecuting Attorney does not clearly and accurately reflect the operations of the office of the Prosecuting Attorney, which not only encompass representation of the State and County in criminal prosecutions but also an enduring commitment to the community to educate citizens on crime Prevention strategies as well as actively advocate for victims' rights. The purpose of this amendment is to amend Article IXA of the Charter so that it clearly and accurately reflects the well-established powers, duties and functions of the Prosecuting Attorney, Revised Findings and Purpose: The Commission finds that the current provisions of Article FICA of the Kauai County Charter relating to the powers, duties and functions of the Prosecuting Attorney does not clearly and accurately reflect the operations of the office of the Prosecuting Attorney. The pui­pose of this amendment is to amend Article INCA of the Charter so that it clearly and accurately reflects the well-established practices of the Prosecuting Attorney, Ballot Question- Should the Office of the Prosecuting Attorney be empowered to 1) Develop and provide crime awareness and prevention programs for and to the community, 2)research, evaluate and make reconiniendations regarding crime, crime prevention and the criminal justice system, and 3) subject to applicable law, receive and expend funds for these purposes? Ballot question approved as submitted. Mr. "FenBruggencate moved to recess the Charter Review Commission Open Session May 21, 2012 Page 8 SUBJECT DtSCUSSION AcTION meeting at 6:05 p.m, and reconvene on Wednesday, May 23 at 4:30 pm. Mr. Nishida seconclecl the motion. Motion carried 5:0 Sleeting Called Chair Stack called the meeting back to order at Back to Order 4:37 p.m. with 4 nietribers present (Vice-Chair Suzawa, Mr. TenBruggericate, ,Mr. Nishida and Chair Stack) CRE 2011-08 M _Z�'__11 I_MAL(K_ �7 3 Findings and Purpose, The Commission finds that Section 7.03 of Article VII of the Kauai County Charter is severely outdated. The purpose of this ametidinent is to update this section by confirming that the Mayor's cornpensation shall be established by the salary commission in accordance with Article XXIX of the Charter. It was suggested that severe�y could be eliminated in the Findings and Purpose but no actual change was made. Proposed Ballot Question: Should section 7,03 of Article VII of the Kaua'i County Charter be amended to state that the Mayor's compensation shall be established by the Salary Commission in accordance with Article XXIX of the Charter? Revised Ballot Question-. Should the Mayor's salary be established by the Salary Commission? CRC 2011-08 General Provisions-- '2 �1(Ll D and Salary Cm unission Article XXIX. Mr. Sturainizu said the proposed amendment for §29.01 needs to be combined with the atnendi-nent for §23,01 D General Provisions which Charter Review Commission Open Session May 21, 2012 Pagel-) SUBJECT DISCUSSION ACTION defines Officers in order to cover the Prosecuting Attorney. Proposed Ballot Question: Should the Kauai County Prosecuting Attorney be included as an officer of the county,and should appointed administrative heads of any county deparunent or agency and deputies appointed by such administrative heads who are not part of the Civil Service System also be included as officers of the County'? Revised Ballot Question: Should the term officer as defined in the Chat-ter be clarified to include the Prosecuting Attorney,appointed administrative heads of any county department or agency,and their deputies who are not part of the civil service system and should members of any county board or commission be excluded as officers'? CRC 201 t-08 Sidar y L(Ltmujssion�29.01 Proposed Ballot Question: Should the Kaua'i County Charter be amended to clarify that the Salary Commission establishes iriaxii-nurn salaries, allow for elected officers to accept salaries lower than the maximum established by the salary Commission and eliminate any waiting period before any salary changes become effective, Revised Ballot Question: Should the Salary Commission establish maximum salaries for officers which shall include the Prosecuting Attorney and all deputies, allow for elected officers to accept salaries lower than the inaxii-nurn, and eliminate any waiting period before salary changes become effective. CRC 2011-04 Initiative and Refere ndurn-§22,03 2 nd Revision to Ballot Question: Should an initiative or referendum petition be signed by registered voters? Charter Review Commission Open Session May 21, 2012 Page 10 SUBJECT DISCUSSION ACT 10 N CRC 2011-05 Charter Amendment 2 n(I Revision to Ballot Question: Should amendments to the Charter initiated by petition be signed by registered voters? Mr, TenBruggencate moved to approve the language for the ballot questions as agreed upon. Ms. Suzawa seconded the motion. Motion carried 4:0 CRC 2011-07 Election of Co uRtyC)fficers � Proposed Ballot Question: Should a candidate for County Council be required to run in the general election even though the candidate received at least thirty percent of the votes cast in the primary election'? Mr. TenBruggencate moved to approve the language for the ballot question for CR 2011-07, Ms. Suzawa seconded the motion, Motion carried 4:0 Mr. TenBruggencate moved to defer CRC 2012- 05, CRC 2012-06 and CRC 2012-07 to the June meeting, Mr. Nishida seconded the motion. Motion,carried 4:0 a( ot ed7 11 it. §F c , t 'ek jr� -----I=—ui Submitted by: Reviewed and Approved Barbara Davis, Support Clerk Patrick Stack, Chair Approved as is. Approved with amendments. See minutes of meeting. a III County Council- Partial Districting(Four Districtrrhree At-Large, --Section 3.02. Composition. There shall be a council of seven members fclected at-larael. 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 residiniz in that separate council district. Section 3.03 Terms, The terms of office of councilmembers 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. 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 wish to re2resent one of the four council districts must state which district they wish to represent and that they have been reitistered voter of that district for the preceding,ninety days. Should councilmember move from or be removed from any of the seven council positions from which that person was elected,any.Le-placement a p29 inte e must meet all requirements of a candidate for that position. B. Any[councilman] councilmember who removes hisor her residence from the county or district from which elected,or is convicted of a felony,shall immediately forfeit his or heroffice. Section 3.19. District Election and Reappointment. A. The first election by separate council districts shall be in the 12rimar y election of 2014, B. The year 2021 and every tenth year thereafter shall reapportionment years. C. An initial council apportionment commission shall be constituted on or before the first day of April, 2013. A council reapportionment commission shall be constituted on or before the first day of July of each reapportionment year or whenever real2vortionment 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 apportion Lnent commission shall.be CRC 2011 - 17 responsible for designating the geographic boundaries of the council districts provided for above. The council reapportionment commission shall be, resconsible 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 maiori!y vote of its membership and shall establish its own procedures. Ng member of the eligible commission shall be to become a candidate for election or appointment to the council in the initial election held under anv 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 D. In effecting the initial a2l2ortionment and each subsequent reapportionment the commission shall be -guided by and comply with all applicable Federal and State laws. E. On or before Februga I 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, R Any registered voter`may petition the proper court to compel by mandamus or otherwise,the apprggriate person or persons to perform their duty or to correct any error made in the apportionment or reapportionment 121an or the court may take such other action to effectuate the purposes of this section as it may deem approl2riate. Any such petition must be Filed within forty- rive calendar days after the filing of the 121a—n. G. The commission's tenure shall end upon the fifin&of its plan." (Deleted material is bracketed.• new material is anderlined) 2. Ballot Question I.- Option A- 1) Effective 2014, she#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 2021 and every tenth year thereafter be a district reapportionment year? 2) If partial-districting of the council is approved, shag council members elected by district serve two- year terms and council members elected at4arge serve four-year terms? Option B- 1) Effective 2014, shag 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 to serve four-year terms,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? Ballot Question 2-- 1) Shall the term of office for councilmembefs be limited to a total of eight years? 49 Subcommittee Report On (Proposed Amendment for Council Partial-Districting) Date & Location of Subcommittee Meeting: Thursday, March the 22=, 5:3OpnmatTiano^s Restaurant, Uhue, HI /Nobsno County money or/unds were spent/orthis,neetinxz/ Attending Commissioners: � Mrs. Carol Suoam:a (Subcommittee ChairiMember Mr. James Nishida,]t, Member Mr. Ed Justus, Member Reason for Subcommittee: At the Commission meeting on 03/21/2012, Mr. Justus presented a proposal for amending Sections 3,02-.04 and creating a Section 3.19 for the purposes of creating partial districting for the Council. The Commission voted to establish a Subcommittee to examine Mr.Justus's proposal and present to the Commission its recommendations. Summary of Discussion: Mr.Justus explained his proposal, and reason for proposing it, tothe subcommittee. Mr.Justus explained that during his campaign for Council in 2010, he met many people in the community that stated they wanted some form of district representation in the Council. He explained that many Westside residents were in favor of partial districting, but voted against it in 2006 because the VVestsNe and South Shore were made as one seat, whereas East and North each had their own seat. His reasoning for presenting his amendment with four seats as compared to the previously proposed five or three seats was that four seats better fit with the island communities natural view of the island as four segments: North Shore, Eastside,South Shore, Westside—different from the State's three and the historic five. He further explained that districts could help the people in those particular districts have a point person to whom they could address their issues for the community. He also explained that by having the district seats as the majority onthe [ound|, itvvou|daUmw/theat-|argernennbersto be required to hear the voice of the districts in order for a majority votetopess. The subcommittee discussed at length the pros and cons mf the proposal, potential shortcomings, potential benefits, alternate methods of districting(including the proposal byJonathan ]ay\, reasons for maintaining of current structure,various numbers of districts for partial districting, Hawaii state's counties Council structuring, council structures nationwide,their own personal polling results for partial districting, history of proposals for partial-districting(finding twice proposed by Council |^Q2, '9O1and twice proposed by Charter Commission ['96, '061), meanings of voting number differences for each previous proposal, and potential for voter approval. The subcommittee decided CRC 2011-17 b 0- lb that if the proposal by Mr.Justus was to be discussed, it should be in its simplest form: dealing only with partial districting, not increasing of term lengths or imposing of limits. The point was made that if this Commission decides not to put iton the ballot, the partial-district proposal likely would again come up. Mr.Justus stated that, given how continually the districting issue comes up, there is evidently growing and continuing need to have the Council more responsive to those that elect them. The subcommittee agreed that partial-clistricting only one possible way to answer that need,but not a guarantee that itwould. In addition to the two proposals for Council districting by Mr.Justus and Jonathan Jay,the subcommittee discussed two alternate options: the creation of Neighborhood Boards; or the creation ofa permanent Council Regional Committee. The subcommittee discussed these options further and decided the best course was to present the four main options to the Commission to decide how to proceed on addressing this apparent need for better interaction with and better responsiveness from the Council. Proposal from the Subcommittee: The subcommittee hereby suggests to the Commission the following four options as methods to answer the reoccurring need of better responsiveness from the Council: 1) Partial Districting of the Council (proposal by Mr.Justus) The Council would consist of seven (7) members,three (3) elected at-large and four(4)elected by district. Voters could vote for all three at-large seats, and only one seat for the district that they reside in. A district apportionment committee would be created after the passing of the amendment to define the boundaries of the districts and a reapportionment committee would be created every ten years thereafter, after each census. 2) At-Large Districting of the Council (proposal by Jonathan Jayj The Council would consist of seven (7) members,each member residing in only one (1)of the seven /7\districts across Kauai County. Voters could vote for all seven at-large district seats, regardless of where they resided. /\district apportionment committee would be created after the passing of the amendment to define the boundaries of the districts and a reapportionment committee would be created every ten years thereafter, after each census. 3) Neighborhood Boards(proposal from subcommittee) Each town would have a group of citizens, either elected or appointed,that would form a board or committee which would meet regularly to discuss and address the needs of their community. This could either bean entity below the County in governance, or could be an entity that reports its findings to the County, perhaps either specifically to the Council or Mayor or both, with possibly the requirement that either(or both)would be required to act in addressing the issues the Board brings up. There|s question esto what power the County has brcreStesuch an entity, and furthermore what scope of powers would such a Board have. (aal 4\ Council Regional Committee (proposalfroM subcommittee) The Council would be required by the charter to have a "Regional Committee",whereupon each of the seven council members would either volunteer or be assigned to be the representative for one of the seven °regionm° of the island. Each council member would be required Cogo out to their assigned region, perhaps once a month or every two months, and hold a meeting where community members could voice their concerns and ideas, Each council member would then report back to the regional committee what the community's input was and take action to address these needs. At each community meeting, each council member would also report back to the community what actions were taken by the regional committee to address their issue. Additionally, each council person would be the point-person to whom citizens of each region would address their concerns to, be it by phone, email, mail, or otherwise, between the regularly scheduled meetings, [Drafter's Suggestion: this amendment could occur/n Section IQ7, os "Sub'secdonG, /(It was discussed also that/t could bepossible bz combine this proposal with the Neighborhood Board uption.) Conclusion of Mggtin Subcommittee ChairSuoavva asked Mr.Justus if he would be willing to write up the subcommittee's proposal. Mr. Justus agreed. Meeting ended sometime after 8:OOprn. Subcommittee Report Drafted by Commissioner Justus ,Z�aved By: Carol Suzow4 Subcommittee Chair James Nishida,1c, Member 1,I)tv Ed Justus, Member 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 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. 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 2016. 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, 2015. A council district reapportionment commission shall be constituted on or before the first day of July of each district reapportionment Year or whenever district reapportionment is required by court order. The commission shall consist of seven CRC 2011-17 c. 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 maiprity 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. Q. 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) IVA 2. Ballot Question — Effective 2016, shall four of the seven council members be elected by districts (North, East, South/Central, West) and three of the seven council members be elected at-large,with a commission to be appointed in 2015 to establish district apportionment, and shall 2021 and every tenth year thereafter be a district reapportionment year? County Council- Seven Districts, At-Large 1. "Section 3.02. Composition. There shall be a council of seven members [elected at-large]. All members shall be elected at-large by all registered voters in the county. Each of the seven members shall reside in and shall be elected from a separate council district. Section 3.03.Terms. The terms of office of[councilmembers] council members shall be for two years 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. 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 for appointment]. In addition, candidates for the council 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 2016. B. The vear 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, 2015. A council district reapportionment commission shall be constituted on or before the first day of July of each district reapportionment year or whenever district 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. CRC 2011-17 d. OD 'I 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 maiorily 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. Q. 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) 2. Ballot Question — Effective 2016, shall ft4wr efthe-seven council members be elected by districts at-large (North, East, South/Central, West) and thFe ef the seven eewneil fnember-s be eleeted at 1 b with a commission to be appointed in 2015 to establish district apportionment, and shall 2021 and every tenth year thereafter be a district reapportionment year? Revised 6/18/12 0 • OFFICE OF THE PROSECUTING ATTORNEY COUNTY OF KAUM, STATE OF HAWAII 3990 KAANA STREET, SUITE 210, LTHU'E, HI 96766 TEL: (808)241-1888 FAX: (808)241-1758 prosecutor(��,kauai.gov OF iA Shaylene Iseri-Carvalho Prosecuting Attorney Jake Delaplane Sam Jajich First Deputy Prosecuting Attorney Second Deputy Prosecuting Attorney April 10, 2012 TO: Charter Review Commission FR: Prosecuting Attorney Shaylene Iseri-Carvalho RE: Proposed Charter Amendments Relating to the Office of the County Attorney The Office of the Prosecuting Attorney hereby submits to the Charter Review Commission the following proposed amendments to the Charter as it relates to the Office of the County Attorney. Throughout the past several years,the OPA and numerous other County Agencies and Departments have experienced serious difficulties in being represented by a County Attorney's Office that frequently ignores their ethical and professional duty to avoid conflicts of interest. For these reasons, the OPA is requesting an agenda item to discuss amending Article VIII of the Kaua'i County Charter to include language mandating the avoidance of conflicts of interest,as well as language that provides for the appropriate procedures to follow when a conflict arises. In support of this request,the OPA provides the following suggested language for Article VIII: Sec._-y Conflicting Representation Prohibited (a) The county attorney shall not represent a county client if the representation of that client will be directly adverse to another county client, unless: (1) The county attorney reasonably believes the representation will not adversely affect the relationship with the other client, and (2) Each client consents after consultation. (b) The coun4, attorney shall not represent a county client if the representation of that client may be materially limited by the county attorneys responsibilities to another county client or to a third person, or to the county attorney's own interests, unless: (1) The county attorney reasonably believes the representation will not be adversely affected, and O The client consents after consultation. Deputy Prosecuting Attorneys: Lisa R.Arin Melinda K.Mendes Gary Nelson fared Auna John H.Murphy Ramsey Ross Lance Kobashigawa Rebecca A.Vogt Ati Fqiial Opportunity Employer CRC 2012-05 a a Sec. Mandatory Disclosure and Engagement of Special Counsel. (a) Prior to each instance of representation, the county attorney shall conduct an assessment to ascertain whether the representation constitutes a conflict or potential conflict as defined in section--—, Conflicting Representation. (h) The county attorney shall disclose to the client the conflict or potential for conflict at the outset of each instance of representation. The disclosure shall anticipate all reasonably possible scenarios and shall include an explanation of the implications of the common representation and the advantages and risks involved. (c) Following disclosure,, the office of the county attorney shall allow affected clients who do not consent to the concurrent representation to consult with and retain independent counsel. (d) Independent counsel shall be retained in accordance with the procurement law and the county charter, and the fees established through a method by the procurement law. Independent counsel fees shall be paid from the special counsel appropriation in the budget of the office of the county attorney. If the funds in the special counsel appropriation are insufficient, fees will be paid from the funds designated by the county council. (e) The county attorney's duties to assess conflicts, disclose conflicts or the potential for conflicts and allow consultation and retention by independent counsel shall continue throughout the representation. Sec. Penalties. In addition to penalties prescribed by/a-vv, any laivyer violating this provision may be subject to termination. The termination process shall be initiated by the County Council bypassing a resolution ordering the Mayor to terminate the County Attorney. Furthermore, the County Council shall transmit a letter to the Office of Disciplinary Counsel to disbar the County Attorney. Sec.— -- No Conflict with Federal or State Law. Nothing in this Article shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law. SECTION 3, Severabiliiy. If any provision of this Article, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable." Mahalo, Shaylene Iseri-Carvalho Prosecuting Attorney (19 0 ARTICLE VIII COUNTY ATTORNEY Section 8 . 01. Organization. There shall be an office of the county attorney which shall be headed by the county attorney. Section 8 . 02 . Appointment and Removal. The county attorney shall be appointed and may be removed by the mayor, with the approval of the council . Section 8 . 03. Qualifications. The county attorney shall be an attorney licensed to practice and in good standing before the supreme court of the State of Hawaii and shall have engaged in the practice of law in the State for at least three years . Section 8 . 04 . Powers, Duties and Functions . The county attorney shall be the chief legal adviser and legal representative of all agencies, including the council, and of all officers and employees in matters relating to their official powers and duties, and he shall represent the county in all legal proceedings . He shall perform all other services incident to his office as may be required by law. Section 8 . 05. Deputy County Attorneys. The county attorney shall have the power to appoint such deputy county attorneys and necessary staff as shall be authorized by the council and within the appropriation made therefor. Such deputies shall serve at the pleasure of the county attorney. Section 8 . 06. Special Counsel. The council may, by vote of five members, authorize the employment of special counsel for any special matter necessitating such employment. Any such authorization shall specify the compensation, if any, to be paid for said services. Section 8 . 07 . 'Service of Legal Process. Legal process against the county shall be served upon the county attorney or any of his deputies. Suggested Changes to County Attorney(Article VU|) from Community Input: 8.O2—Appointment and Removal—Both the Mayor and the Council shall have the oowf L to GpL2 Lnt disciplin?, and remove the County Attorney. The mayor moy apgoint and remove the CountyAttorney with the vote of 213 approycl Lrom the Council.Also, the Council moy ag2oint cnd remove the Count AttorneZ with a vote of two-thirds majority, with the approval of the MaZor. if the Mayor does not cpl2rove either the appointment or the removal of the County Attorney, the Council has the power to override Mayor's approval with a full cpproval vote of the Council, 8.03 —shaU have engaged in the practice of law |n the State of Hawai for atheas', [three jfiveyems. &O4—Powers, Duties, and Functions_He or she shall ensure that the county, in all itsparts, is operating in accordance with all county, state, and federol laws. Q.__— (Concept is that there will bea mediation team for the County. All lawsuits against ,the county shall first be given the option of employing mediation to resolve issues, |f the issues are not resolved,then it shall gotocourt) 8.__—Yearly Review_The County Attomey shall be subject to the reappointment process(exactly one year to the date of apgointment or reapgointmenVjor speci Lied date each yecrIj The CountZ Attome shall only be reappointed with o two-thirds maLority approval vote Lrom the Council and conLirmed b the MaZor. During this 2rocess, the Council, in the gresence of the Mayor and Prosecuting Attornev, sholl review the actions of the County Attorney in order to determine whether or not he or she hos qj2gropriatelZ served their Lunction. It the County Attorney is not reappointed he or h sh immediatelZ forfeit his or her office. In the interim until the next County Attorney hos been a222�2.ted the First De2uty CountZ Attorney shall serve as Acting-County Attorney. O.__—Special Review—It the County AttorneZ has taken an action or given on opinion or c unselthatis either illeggl or contrary to low, it shall immediatelZ reguire a special review by the Council, in the ,2resence OL the MaZor and the Prosecuting Attorney, for the removal of the CountZ AttomejL Revised 6115-8112 OFFICE OF THE PROSECUTING ATTORNEY COUNTY OF KAUA'L STATE OF HAWAII 3990 KAANA STREET, SUITE 210, LTHU'E. HI 96766 TEL: (808)241-1888 FAX: (808)241-1758 prosecutorgkauai.1,ov OF It Shaylene Iseri-Carvalho Prosecuting Attorney Jake Delaplane Sam Jajich First Deputy Prosecuting Attorney Second Deputy Prosecuting Attorney` April 10, 2012 TO: Charter Review Commission FR: Prosecuting Attorney Shaylene Iseri-Carvalho RE: Proposed Charter Amendments Relating to the Police Department The Office of the Prosecuting Attorney hereby requests an agenda item on the April 23, 2012 Charter Review Commission Agenda relating to a proposed amendment to Article X1 of the Kaua'i County Charter. The OPA is requesting an item discussing an amendment to the Article X1 of the Charter providing for a Senior Legal Adviser, appointed by the Police Chief, to serve as legal adviser and counsel for the Police Chief. Specific language of this Charter Amendment will be provided from testimony submitted at the Charter Review Meeting. Mahalo, �a s�.� — Shaylene Iseri-Carvalho Prosecuting Attorney CRC 2012-06 Deputy Prosecuting Attorneys: Lisa R.Arin Melinda K,klendes Gary Nelson Jared Auna John H.Murphy Ramsey Ross Lance Kobashigawa Rebecca A.Vogt ran Equal Opportunity Employer 0 ARTICLE XI POLICE DZPAR2WENT Section 11 . 01 . Organization. There shall be a police department consisting of a police commission, a chief of police and the necessary staff. (Amended 1984) Section 11. 02 . Police Commission. The police commission shall consist of seven members appointed by the mayor with the approval of the council. The commission shall hold regular public meetings at a designated time and place. (Amended 1984, 2006) Section 11. 03. General Powers of the Commission. The police commission shall: A. Adopt such rules as it may consider necessary for the conduct of its business and the regulations of matters relating to the goals and aims of the department. B. Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor. C. Receive, consider and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police within ninety days. D. Refer all matters relating to administration of the department to the chief of police. E. Adopt such rules to regulate political activities of the members of the police department . (Amended 1984) 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) Section 11. 05 . Powers, Duties and Functions . The chief of police shall be the administrative head of the police department and shall: A. Be responsible for the preservation of the public peace, prevention of crime, detection and arrest of offenders against the law, preservation of life, protection of the rights of persons and property, and enforcement and prevention or violations of law. B.. Train, equip, maintain and supervise the force of police officers. C.111. Be responsible for traffic safety and traffic safety education. D. Serve process both in civil and criminal proceedings. E. Perform such other duties as may be required by law or as may be assigned by the commission. F. Promulgate rules and regulations necessary for the organization and internal administration of the department . (Amended 1984) Section 11. 06. Discipline and Removal. The dismissal, suspension, or demotion of any police officer or employee in the police department shall be under procedures set forth by civil service laws and regulations. (Amended 1984) Section 11. 07 Appeals. Appeals from personnel actions shall be in accordance with the applicable collective bargaining agreement executed pursuant to the provisions presently contained in Chapters 76 and 89 or the Hawaii Revised Statues. (Amended 1984) 3 0 OFFICE OF THE PROSECUTING ATTORNEY COUNTY OF KAUAT STATE OF HAWAII 3990 KAANA STREET, SUITE 210, LIHU'E, HI 96766 TEL: (808)241-1888 FAX: (808)241-1758 prosecutorCwkauai.gov Shaylene Iscri-Carvalho Jake Delaplane Prosecuting Attorney Sam Jajich First Deputy Prosecuting Attorney Second Deputy Prosecuting Attorney 2. Proposed Revisions to other Sections of the Charter as it relates to the autonomy_ and hierarchical OPA within the framework of the CounV Government The Charter also contains multiple provisions under Article XIX that seem to require the Prosecuting Attorney,as a department head,to submit her budget to the Mayor for approval before being sent to the Council for consideration and adoption. This structure is illogical, duplicates efforts,and creates the unusual situation in which one elected official (the Mayor) has direct control over the budget of another elected official (the Prosecuting Attorney). The Mayor is typically not,and is not required to be,an attorney or law enforcement official and has no training or background in the criminal justice process. Thus,the decisions as to whether certain budget items or expenditures relating to the specialized functions of the OPA are appropriate should not rest wholly or in part with the Mayor. Rather,these questions should be submitted directly to the County Council,a body of elected officials with clearly delineated and specified powers to research,solicit testimonial evidence,and evaluate these types of specialized budget requests. Currently,the OPA engages in both types of budget submittals, one to the Mayor's Office pursuant to Article XIX Section 19.02 B of the Charter,and another to the County Council through submitting testimony during the public hearing process pursuant to Section 19.07A of the Charter. This process is not only duplicative,but extremely time consuming. Since the Mayor's review often takes place in February of each year,the OPA typically begins preparing its budget proposal in January. After the Mayor's review,the OPA makes any appropriate changes or revisions in order to present to the Council during their review process,which usually occurs during April. Since the Council doesn't vote on the Budget until May,this means that the budget preparation process for the OPA stretches out over a 5 month period. This process should be streamlined by allowing the OPA to submit its budget directly to council rather than going through the Office of the Mayor. For this reason,we're asking that Article XIX Section 19.02E be amended to read as follows: CRC 2012-07 Deputy Prosecuting Attorneys: Lisa R.Arm Melinda K.Mendes Gary Nelson Jared Anna John 1-1,Murphy Ramsey Ross Lance Kobashigawa Rebecca A.Vogt An Fqual Opportunity Employer 0 a On or before the date specified by the mayor, the apr2ointed department heads of each county department, office or agency shall furnish the mayor with estimates for the ensuing fiscal year covering the revenues and expenditures of the department, office or agency, together with such information as the mayor may request For these reasons,the OPA respectfully requests appropriate revisions and amendments to Article XIX of the Charter to eliminate the OPA's required budget submittal to the Mayor and allow for direct submittal to the Council for consideration and adoption. The OPA may submit additional proposed language for discussion at the April 23, 2012 meeting in a separate attachment. Mahalo, Shaylene Iseri-Carvalho Prosecuting Attorney ARTICLE XXX FINANCIAL PROCEDURES Section 19 . 01 . Fiscal Year. The fiscal year shall begin on the f first day of July and end on the thirtieth day of June of the succeeding year. (Amended 1992) Section 19 . 02 . The Proposed Annual Budget ordinance. A. The proposed annual budget ordinance, consisting of the operating and capital budgets for the ensuing fiscal year, shall be prepared by the director of finance and submitted by the mayor to the council, together with a budget message and any proposed revenue measure, on or before the fifteenth day of March of each year. If the fifteenth day of March falls on a Saturday, Sunday, or legal holiday, the proposed annual budget ordinance shall be submitted on the prior working day. on or before May eighth of each year, the mayor may submit one communication to the council which suggests modifications to the proposed annual budget ordinance. The communication shall describe the mayor' s suggested modifications to the proposed annual budget and the reasoning justifying such modifications. (Amended 1980, 1992) B. on or before the date specified by the mayor, the head of each county department, office or agency shall furnish the mayor with estimates for the ensuing fiscal year covering the revenues and expenditures of the department, office or agency, together with such other information as the mayor may request . Section 19 . 03 . The proposed and adopted annual budget ordinance shall be a balanced budget, the total expenditures and appropriations shall not exceed the estimated revenues and other resources. (Amended 1992) Section 19. 04 . The operating budget shall include salaries, materials and supplies, including equipment and fixtures, necessary for the upkeep, maintenance and operation of the departmental or agency functions and other expenses incident to the operational requirements of the department or agency. Section 19 . 05 . A. The capital budget shall reflect and fund the capital program to be undertaken during the ensuing fiscal year from a 9 current revenues; provided, however, that any project or projects to be financed by bond fund proceeds to be undertaken during the fiscal year shall be included and reflected as part of the capital program. B. Amendments to the capital budget shall constitute and be effective to amend the capital program. (Amended 1992) Section 19 . 06 . Budget Message. The mayor' s budget message shall explain the budget in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year and describe the most important features of the budget plan. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the fiscal year currently ending, and shall set forth the reasons for the changes. Section 19 . 07 . Consideration and Adoption by Council . A. Upon receipt of the proposed annual budget, the Council shall immediately publish a notice in a newspaper of general circulation in the county, setting forth (1) a summary of the estimated revenues, including any new sources of revenues, and expenditures; (2) that copies of the budget are available at the office of the county clerk; (3) the date, time and place at which the council will commence its public hearings upon the proposed budget, which shall not be less than ten days after the date of the publication of such notice. Upon receipt of the mayor' s communication which suggests modifications to the proposed annual budget ordinance, the council shall hold a public hearing on the mayor' s communication suggesting modifications to the proposed annual budget ordinance. The public hearing shall comply with the provisions of Chapter 92, Hawaii Revised Statutes, as amended. After the public hearing and before final reading of the proposed annual budget ordinance, the council shall approve, deny, or receive the suggested modifications in the mayor' s communication. Upon the conclusion of the hearings, the council may reduce any item or items in the mayor' s proposed budget by a majority vote and may increase any item or items therein or add new items thereto by an affirmative vote of two-thirds of the entire membership. The council shall pass on final reading the annual budget ordinance on or before the seventh day of June of the fiscal year currently ending. If final reading is not taken on or prior to such day, the annual budget ordinance as submitted by the mayor on or before March 15 shall be deemed to have been enacted as the budget for the ensuing fiscal year. B. Amendments to the adopted annual budget ordinance may be submitted by the mayor, unless otherwise provided, and considered by the council under the same procedures prescribed in Section 19 . 07A for the enactment of the operating budget ordinance, but no amendment shall increase the aggregate of authorized expenditures to any amount greater than the estimate of revenues for the fiscal year. (Amended 1992) Section 19 . 08 . Administration and Enforcement of the Annual Budget ordinance. A. The enactment of the annual budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the fiscal year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the fiscal year, except that appropriations to the fund established by paragraph C of section 19 . 15 shall not lapse, but shall remain in the fund, accumulating from year-to-year. Agencies authorized to make expenditures under the annual budget ordinance may proceed without other authority from the council to incur obligations or make expenditures for proper purposes to the extent that the moneys are available and as allotted. B. Immediately following the enactment of the annual budget ordinance, the heads of all agencies shall submit to the director of finance schedules showing the expenditures anticipated for each quarter of the fiscal year. C. The approval of an expenditure schedule by the mayor shall constitute a budgetary allotment which shall, unless a revision thereof is approved by the mayor, be binding upon such agencies and the director of finance shall approve or issue no requisition, purchase order, voucher or warrant that is not in accordance with such allotment. D. The allotment herein provided may be altered at any time by the mayor. The mayor shall direct appropriate revisions in allotments to keep expenditures within the revenues received or anticipated. E. Any part of an allotment which is not expended or encumbered shall be deemed reallotted for the next allotment period. F. The mayor may at any time transfer an unencumbered appropriation balance or portion thereof within a division or between divisions in the same department . Transfers between departments, boards or commissions shall be made only by the council by ordinance adopted pursuant to Section 19 . 07B, upon the recommendations of the mayor. (Amended 1992, 1996, 2002)