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HomeMy WebLinkAboutProposed Charter Amendments 2012 PROPOSED CHARTER AMENDMENTS 2012 CHARTER REVIEW COMMISSION August 1, 2012 An Equal Opportunity Employer Amendments to the Charter of the County of Kaua'i 1. Proposing A Charter Amendment to Section 7.03 Relating to the Mayor's Compensation Charter Amendment Article VH,Section 7.03 of the Kauai 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 Note: Charter material to be repealed is bracketed.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: Should the Mayor's salary be established by the Salary Commission? 2. Proposing A Charter Amendment to Section 23.02 (H)Relating to County Board and Commission Member Terms Charter Amendment Section 23.02 H of the Kauai 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 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." Charter Review Commission-August 1,2012 Page 1 Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question: 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? 3. An Amendment Relating to the Election of County Officers Charter Amendment Article I,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 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 Charter Review Commission-August 1,2012 Page 2 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 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 noppartisan 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 he 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 he highest number of votes for mayor and prosecuting attorney ttorney 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 count.. clerk. C. Office of At-Large Council members. 1. For at-large council offices, two candidates for each vacant at-large council office receiving the he highest number of votes in the primary election shall be placed on the ballot for the general election. Charter Review Commission-August 1,2012 Page 3 2. At the ,general election, the candidates receiving the he 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 g t-large council office in the primary election, the candidates receiving the same number of votes shall be placed on the ballot for the general election. In the event of a tie vote for the last remaining at-large t=large council office in the eg neral election, the winner shall be determined by a method of chance as determined by the county clerk." Note: Charter material to be repealed is bracketed. New charter material is underscored. 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? 4. An Amendment Relating to Submission Requirements for Initiative and Referendum Petitions. Charter Amendment Article XXII, Section 22.03 of the Kauai County Charter shall be amended to read as follows: ARTICLE XXII INITIATIVE AND REFERENDUM "Section 22.03. Submission Requirement. A. Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the clerk of the council at least ninety-six (96) hours prior to any regular council committee meeting. B. Voters seeking referendum of an ordinance shall submit a referendum petition addressed to the council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of the county. C. Each initiative or each referendum petition must be signed by registered voters comprising not less than twenty percent (20%) of the number of[eligible] voters registered in the last [preceding] general election. D. If an initiative or referendum measure is to be placed on the ballot in a general election, the initiative and referendum petitions must be submitted not less than one hundred twenty(120) calendar days prior to the day scheduled for the general election in the county." Charter Review Commission-August 1,2012 Page 4 Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot question: Should it be clarified that an initiative or referendum petition must be signed by registered voters comprising the established percentage of the number of voters registered in the last election? 5. An Amendment Relating to Initiation of Charter Amendments 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] valid signatures of registered voters." Note: New charter material is underscored. Ballot question: Should it be clarified that a petition for a charter amendment must be signed by registered voters comprising the established percentage of the number of voters registered in the last election? 6. Proposing A Charter Amendment to Section 29.01 Relating to Salary Commission and Section 23.01 Relating to General Provisions Charter Review Commission-August 1,2012 Page 5 Charter Amendment Article XXIX, Section 29.01 and Article XXIH,Section 23.01 of the Kauai County Charter are amended to read as follows: ARTICLE XXIX SALARY COMMISSION "Section 29.01. Organization. There shall be a Salary Commission composed of seven members to establish the maximum salaries of all [councilmembers and all officers and employees included in Section 3-2.1 of the Kauai County Code 1987, as amended] elected and appointed officers as defined in Section 23.01 D of this Charter. Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary-setting decisions. Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of any calendar year. [Subject to Section 29.05,the] The resolution shall take effect without the mayor's and council's concurrence sixty days after its adoption by the commission unless rejected by a vote of not less than five members of the council. The council may reject either the entire resolution or any portion of it. The respective appointing authority may set the salary of an appointee at a figure lower than the maximum figure established by [ordinance] the salary commission for the position. Provided however, elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their position, or forego accepting ag salar. 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 29.06] Administration and Operation. The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties." 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 Charter Review Commission-August 1,2012 Page 6 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] De uties 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 1. Should the Salary Commission establish maximum salaries for officers, which shall include the Prosecuting Attorney and all deputies and allow for elected officers to accept salaries lower than the maximum? Ballot Question 2. Should the waiting period be eliminated before council's salary changes become effective? 7. An Amendment Relating to Budget Procedures Charter Amendment Article XIX,Section 19.02 of the Kauai County Charter shall be amended to read as follows: ARTICLE XIX FINANCIAL PROCEDURES "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.] 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." Charter Review Commission-August 1,2012 Page 7 Article XIX,Section 19.07 of the Kauai County Charter shall be amended to read as follows: 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." Note: Charter material to be repealed is bracketed. New charter material is underscored. Ballot Question: Shall the provisions be deleted that allow the mayor, after submitting the proposed annual budget, to submit suggested budget modifications before the council enacts the annual budget? Pros: • It would allow for a more deliberate annual budget setting process. The council would have more time to review, consider, and research the various items proposed by the mayor in the annual budget submittal. Charter Review Commission-August 1,2012 Page 8 • It will increase the time the council has to review, consider, and research the proposed annual budget without having modifications which could substantially change the original budget submittal (from the mayor). • The mayor's annual budget submittal would be the only official opportunity for the mayor to provide a recommended budget. Cons: • The county council would not be required to consider any suggested budget modifications proposed by the mayor. • It will preclude the mayor from suggesting budget modifications should there be any changes to the county's fiscal situation(i.e., should the state legislature enact legislation which reduces county fiscal allocations - Transient Accommodation Tax allocations, etc.) or enact legislation which places additional fiscal requirements on the county. • The mayor's annual budget submittal would be the only official opportunity for the mayor to provide a recommended budget. Charter Review Commission-August 1,2012 Page 9