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HomeMy WebLinkAbout2013_0128_AgendaPacket Jan TenBruggencate Members: Chair Mary Lou Barela Joel Guy James Nishida, Jr. Ed Justus Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, January 28, 2013 4: 00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, LIu'e, HI 96766 Oath of Office for Commission Members Jan TenBruggencate, Mary Lou Barela and Joel Guy CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of November 26, 2012 COMMUNICATIONS CRC 2013-01 Communication dated 12/4/12 from Ricky Watanabe, County Clerk, to the Charter Review Commission regarding Certificate Of All Results, 2012 Charter Amendments, County of Kauai CRC 2013-02 Communication dated 12/4/12 from Ricky Watanabe, County Clerk, to Scott Nago, Chief Election Officer, regarding Certificate Of Results, 2012 Charter Amendments, County of Kauai BUSINESS CRC 2013-03 Proposed amendment creating a new Section 24.04, Kaua`i County Charter, relating to non-substantive corrections and revisions as they relate to grammar, spelling and formatting errors in the Charter and whether to consider budgeting for an outside editor. CRC 2013-04 Proposed amendment revising Section 24.03 , Kauai County Charter, relating to establishing a permanent Charter Review Commission. CRC 2013-05 Proposed amendment to Kaua'i County Charter § 8.03 regarding the Qualifications for the County Attorney as provided for in Rule 4(b) of the Rules of the Kauai County Charter Review. CRC 2013 -06 Review and Approval of 2013 Meeting Schedule An Equal Opportunity Employer ANNOUNCEMENTS Next Meeting: Monday, February 25, 2013 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/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: 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 Lu` e, HI 96766 E-mail :bdavis@kauai.gov Phone: (808) 241 -4919 Fax: (808) 241 -5127 Charter Review Commission — January 28, 2013 2 I P a g e 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 — January 28, 2013 3 IP age Ili I. Alum COUNTY OF KAUAI ■ rdi pa pi, pi '1 f J Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I November 26, 2012 Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:03 p.m. I End of Meeting: 4:58 p.m. Present Chair Patrick Stack; Vice-Chair Carol Suzawa. Members: Ed Justus; James Nishida; Jan TenBruggencate Also : Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami Excused Member: Mary Lou Barela; Joel Guy Absent SUBJECT DISCUSSION ACTION Call To Order Chair Stack called the meeting to order at 4:03 p.m. with 5 Commissioners present Approval of Regular Open Session Minutes of October 22, 2012 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Mr. Justus seconded the motion. Motion carried 5 :0 Business CRC 2012- 13 Election of Chair and Vice-Chair for 2013 Ms. Suzawa nominated Jan TenBruggencate for Chair. Mr. Nishida seconded the motion. Motion carried 5 :0 Mr. TenBruggencate nominated Ed Justus for Vice-Chair. Mr. Nishida seconded the motion. Motion carried 5 :0 CRC 2012- 14 Review and discussion of the final results of the 2012 Charter Amendments. Mr. Justus thought the reason that the Ballot Question (eliminating the one year wait period) for Section 23 .02 was defeated by a large margin is because the public does not know that people who serve on boards and Ncommissions are not paid. Most people probably assume that if someone v� E works in the County, they get compensated. Mr. Nishida said he voted N m at- Charter Review Commission Open Session November 26, 2012 Page 2 SUBJECT DISCUSSION ACTION against the ballot question because he thought there should be more turnover within the boards and commissions. Mr. Stack suggested that maybe the Charter needs to be clearer by staling that commissioners are volunteers and are not paid entities. Ms. Suzawa asked if the Commission would be reintroducing this issue for the next election or just let it rest. Mr. Justus suggested they defer further discussion until early 2014. Mr. TenBruggencate said if this is a really important measure it will come up again. This Commission' s job is to present something to the voters and the voters said `not that one' . There is not that big a pool of people willing and able to do the job and so you have to use the ones you have but it does make a good argument to force the County to broaden its view and bring more people through the process. If the Mayor comes to the Commission because there are no candidates willing to serve and asks for the issue to be put back on the ballot then it can be considered again. Mr. Justus said the Ballot Question (to eliminate the waiting period for the council ' s salary changes) for Section 29.05 was defeated because the public did not know this was just to clarify the Charter. Mr. Justus suggested reintroducing this issue but restating it. Attorney Winn stated that amendment was not a clarification. It changes the Charter because there is still a waiting period before the County Council receives salary changes. Ms. Davis told the Commission that there were 2 articles in the newspaper and that she had received calls from the public saying the Charter Commission had not done an adequate job of explaining the charter amendments. People still want to see a "pro" and a "con" but the thought has been that if the Commission puts something forth it was because they felt it was necessary or desirable so there is no reason to not vote for it and therefore there is no "con". The language needs to be carefully worked on over the next 2 years. Charter Review Commission Open Session November 26, 2012 Page 3 SUBJECT DISCUSSION ACTION Mr. TenBruggencate said he was heartened by the fact that the people passed the initiative and referendum issues because clearly that issue could have been confusing. Chair Stack said he had complaints from the public about the Commission' s failure to `degenderize' the document. Chair Stack asked if it were possible to make non-substantive changes without going to the public for approval. Attorney Winn reminded the Commission this subject is not on the agenda and cannot be discussed. Mr. Justus moved to accept the communication showing the final vote results of the 2012 Charter Amendments. Mr. TenBruggencate seconded the motion. Motion carried 5 :0 CRC 2012- 11 Commissioner Justus' proposed new Article VIII to the Charter creating a Commission to provide oversight of the County Attorney (Deferred from 10/22/12) Mr. Justus stated he thought it was still a good idea to ask the other departments and agencies what they thought about creating this new Commission, even if the Commission decides to take on a broader range approach to discover how much power the mayor' s office should or should not have. At the very least is this something the Commission wants to discuss. Seeking opinions from the County Attorney' s Office, the Mayor' s Office, and the County Council would give the Commission a good idea on what they think and may even provide an idea that is better. Attorney Winn said there are several legal issues in general that would need to be reworked. The overall concern is that any sort of commission would not necessarily be a client of the county attorney so a lot of subject matters could not be discussed with the commission. If the commission is looking Charter Review Commission Open Session November 26, 2012 Page 4 SUBJECT DISCUSSION ACTION into the behavior of the County Attorney, they might not have access to a lot of information that might help them make their determinations because of privilege. As a practical issue, Kauai is a small legal system. The proposal states that four of the commission members have to be attorneys and it may be difficult to find attorneys who want to be on the commission because there might be a conflict with their cases. They would not be able to sue the County because they are part of the County. Section 33 .05 C which is review the department 's operations, as deemed necessary, for the purpose of recommending improvements to the County Attorney could pose another problem as again they might not have access to information due to privilege. Item E Hear complaints of citizens concerning the County Attorney, the citizens are not the County Attorney' s clients so this item may need to be reworded. Attorney Winn said these were areas she would like to look into for the Commission and if the Commission believes this is a good idea she could put it into a format where it is practical and the attorneys are not violating their ethical rules. Chair Stack noted the next meeting is 60 days away and asked Attorney Winn if she could provide an opinion in January. Attorney Winn said she could bring up the issues. Mr. Justus asked if Attorney Winn could make some recommendations on what potentially could work since the Commission does not know what the legal structure would be to make something function. Attorney Winn said she would be happy to do a legal opinion but as to policy that would be Attorney Castillo ' s role more than her role. Mr. TenBruggencate said before they burden the Deputy County Attorney with the task of working on the minutia of this proposal the Commission should fold this into a larger discussion next year on the structure of County government, whether there should be a stronger mayor/weaker mayor Charter Review Commission Open Session November 26, 2012 Page 5 SUBJECT DISCUSSION ACTION system and whether some of the other department heads such as Planning, Police, Fire, Civil Service and the County Attorney should be commission appointed or mayor appointed. This Commission should look in a comprehensive way at that question before working on Charter language for just one piece of that. Mr. Justus said perhaps they could do both. If the Commission starts a discussion that addresses all of those things it would be helpful to have additional information to provide a good solid discussion. Mr. • TenBruggencate said if they decide that a couple of the department heads should not be appointed by a commission but by the mayor and a couple of others should be commission appointed that are not now, like the County Attorney, the larger issue is making sure those different sections are comparably drafted. It would be putting the cart before the horse to develop language for just one piece of it. Mr. Justus said his understanding from the Deputy Attorney is the way the proposal is written now, the Commission cannot present this type of language to any of the departments to get their ideas since it is not known if it is even feasible. Mr. Justus said he would like to know if this system will work before further developing something the Commission thinks will work. Mr. TenBruggencate did not think it was the Deputy Attorney' s job to tell the Commission it is not going to work. But he does assume if the Commission tells Attorney Winn to find a way to make it work she will give the Commission a way that it works. Attorney Winn said she can make it legal. Mr. Nishida thought the larger question would be with the commission' s Charter Review Commission Open Session November 26, 2012 Page 6 SUBJECT DISCUSSION ACTION role, especially based on the public outcry with the Police Commission' s role which clearly, according to the Charter, was not their role but the public saw it differently. The key question is what is the role of the commission, how do commissions function, and is that what is wanted? Mr. Justus asked Mr. TenBruggencate how he saw it structured if the Commission takes on the task in January. Mr. TenBruggencate said he would not take it on in January because there already is a long agenda and he would prefer to see it on the February agenda. Mr. TenBruggencate suggested holding a series of meetings and said it would behoove the Commission to make decisions early in 2013 about issues they want to talk about and then take those issues into the community to hear a "frothy" discussion of what the opinions are in the community. Out of that type of discussion the Commission would be more likely to come up with items for consideration. Mr. TenBruggencate proposed the Commission identify 3 or 4 major issues such as the structure of the leadership of the County, the districting issue, and making non-substantive changes in the Charter and take those items to the community for a series of meetings. Mr. TenBruggencate suggested they not go to the community with firm ideas of what the Commission wants to propose but rather with issues the Commission is discussing and ask for community input. These meetings could be scheduled sometime in the summer followed by a round-table discussion with the elected officials in an open public forum. Mr. TenBruggencate moved to fold the discussion of creating commission oversight of the county attorney into a discussion of the structure of the appointment of top level county management. Mr. Asked about topics of previous community meetings, Mr. TenBruggencate Justus seconded the motion. said those discussions were strongly and clearly "pro" keeping the mayor form of government rather than going to a county manager system. It did not speak to the powers of the mayor, districting for the county council and Charter Review Commission Open Session November 26, 2012 Page 7 SUBJECT DISCUSSION ACTION other issues the Commission might want to look at. Mr. TenBruggencate restated that his motion is to fold this item into a subset of a larger discussion of the strong mayor/weak mayor forms of county government and which department heads should be commission appointed and which should be mayor appointed and what other options there might available. Motion carried 5 :0 CRC 2011 - 17 Proposed amendment from Commissioner Justus revising Article III, County Council, Section 3 .02 Composition, Section 3 .03 Terms, and Section 3 .04 Qualifications relating to Partial Districting (deferred from 6/25/12) 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 Mr. TenBruggencate said based on the earlier discussion this is a discussion that also should be held to get community input. If there is to be a districting measure placed on the ballot it should be a single districting item for clarity and therefore the Commission needs to decide what that system should be. Mr. TenBruggencate suggested the Commission defer this issue to the February meeting in preparation for taking it into the community sometime in the summer. Mr. Justus said the Commission only needs one meeting to figure what their focus is going to be and he felt this issue could go to the community before the summer. Charter Review Commission Open Session November 26, 2012 . Page 8 SUBJECT DISCUSSION ACTION Mr. TenBruggencate said if this is moved to February for discussion, the Commission can invite the County Council to a meeting in March to provide their input with public meetings to come thereafter. While Mr. Justus did not think it mattered if the Councilmembers disagreed with the issue of districting, Mr. TenBruggencate said elected county representatives have not only a vested interest but one would hope the pulse of the community; they should have thoughts on the issue that might help the Commission make a decision between the options. Mr. Justus said he did agree with Mr. TenBruggencate' s formula. Mr. TenBruggencate moved to defer discussion on Districting to the February meeting. Mr. Justus seconded the motion. Motion carried 5 :0 Mr. Justus asked if he could add a sub-agenda item to the Districting proposal for the February agenda. Attorney Winn said yes if it related to the item and Staff asked Mr. Justus to submit his proposal early to make the agenda CRC 2012-05 Proposed changes from Commissioner Ed Justus to Article VIII, County Attorney, Sec 8.02, 8.03 and mediation (deferred from 8/27/12) Mr. Justus thought Sections 8 .02 and 8.03 should be folded into the larger discussion to include the county attorney oversight; the concept of mediation is something the Commission needs to further discuss. Mr. TenBruggencate said he hated to disagree with Mr. Justus but he did not think a long discussion was needed because it made sense to him. Mr. TenBruggencate said he did have two questions of Mr. Justus as the author of the proposal. In § 8.02, what does a "full approval vote" mean? Mr. Justus said he was not sure what term means the entire 7 members; would that be super majority or unanimous? Mr. Justus thought it important that the county council have some type of power just like the mayor does. Charter Review Commission Open Session November 26, 2012 Page 9 SUBJECT DISCUSSION ACTION Ms. Morikami advised Mr. Justus that super majority and unanimous are two different things. Mr. Justus said he meant the term to be unanimous. Mr. TenBruggencate addressed his second question to Chair Stack because of the Chair's extensive experience with mediation and asked if it would be preferable to change the term "shall" to "may" so the county attorney has the option, if they feel it is in the County' s best interest, to mediate but would not necessarily have to mediate. Attorney Winn said it is difficult to make comments without exact language. Attorney Winn said she was not sure if this section on Mediation was actually Charter material in that it does not create the structure of government; it is talking about how to do a lawsuit. Secondly this is an area that would fall under general law. The State Legislature and particularly the Judiciary have the power to run these things and there can't be a charter provision that would conflict with general law. Attorney Winn said she has reservations about such an amendment to the Charter. Creating an office of a mediator is definitely a structural type of thing this body can propose but they cannot require people to mediate. The Judiciary can require mediation but not the Charter Commission. Also, if the mediator is a county employee the other side would be using the people they are suing to mediate, which would not be practical. Mr. TenBruggencate asked if was superfluous in that the county attorney currently has the authority to choose to engage in mediation. Attorney Winn answered yes. Mr. TenBruggencate noted the proposal only mandated mediation. Mr. Justus said that was right but the Attorney said the Commission does not have the authority to do that. Chair Stack pointed out that the Kaua'i Supreme Court of the Hawai'i Judiciary broadly supports mediation. Attorney Winn did not disagree. Charter Review Commission Open Session November 26, 2012 Page 10 SUBJECT DISCUSSION ACTION Chair Stack also pointed out whereas mediations are an interdependent process, the judge can order parties in dispute to mediate. The judge cannot decide what happens there but he/she can send them to mediation. Attorney Winn stated she was not saying mediation was bad and the judge does have those powers. Chair Stack understood Attorney Winn was saying this issue was outside the scope of this Commission to restructure. Attorney Winn said this body can restructure the government but the Commission cannot tell someone how to run a lawsuit. Chair Stack said mediation is not a lawsuit; it is a voluntary conversation between disputes. If mediation fails the next logical step is a lawsuit. Attorney Winn said you cannot require someone to do mediation first; you cannot take away their ability to go straight to a lawsuit. Chair Stack said that a judge can and Attorney Winn responded correct. Mr. Justus said the County Attorney brought up an interesting idea with the Office of Mediator and asked if the Commission could create such an office to do that function. Attorney Winn said this body can create the structure of government such as when the Department of Parks and Recreation was placed on the ballot and a new department was created. While the Office of Mediator can be created through the Charter you cannot require people to use that office and opposing counsel will not want to use the County to mediate when they are suing the County. Mr. TenBruggencate said the Appointment and Removal section seems confusing. Currently the mayor, we use the term appoint which is not an accurate term, nominates and the county council confirms the appointment of the county attorney. Section 8.02 the language suggests that the mayor may appoint with a 2/3 ' s vote or 5 votes of the 7 council members or the council may appoint. Mr. TenBruggencate asked who is the appointing authority? Mr. Justus said the council can appoint but they need the Charter Review Commission Open Session November 26, 2012 Page 11 SUBJECT DISCUSSION ACTION approval of the mayor as well; it is the same situation. Since the county attorney serves the entire County and not just one department in the executive branch, both of the main active branches of the County government should be able to equally participate in whoever they would like to select. Scenarios were discussed where there could be a loggerhead with no one being appointed to the position for months. Mr. TenBruggencate said he would argue for making it simpler. Mr. Justus said his idea for an attorney commission is there would not be a log jam effect because the people on the commission who make the appointment would not be subject to the same political ambitions you would find between the mayor and the council. The whole idea is it would be an independent body that is equally appointed by both sides but not directly involved. Mr. Justus said after hearing the Commission' s concerns he proposed the attorney commission idea. The issue (with the county attorney) comes up enough that it needs to be addressed and fixed somehow. Mr. Justus said it would be great if both branches of government would feel satisfied with the person or persons who issue their legal opinions because whatever the County Attorney' s Office says is what the County has to go by. Attorney Winn explained that the County Attorney' s Office is not the decision makers but rather the Office that gives advice. Mr. TenBruggencate said he did not think the mediation discussion was ready for prime time and clearly the appointment and removal section folds into the other discussions. Mr. TenBruggencate said he did like Section 8 .03 , the recommendation to increase the requirement that an attorney being considered to be the county attorney should have five years experience practicing in the State of Hawai'i and recommends it go forward as a proposal for a Charter amendment. Mr. TenBruggencate moved that Section 8 .03 , which would increase the required experience for Charter Review Commission Open Session November 26, 2012 Page 12 SUBJECT DISCUSSION - ACTION the County Attorney from three to five years practicing in the State of Hawai'i, move forward as a proposed Charter amendment. Mr. Nishida seconded the motion. Mr. Justus said he has heard from the public and people within the County that maybe there should be a stipulation on what kind of law the county attorney practices and should that stipulation be included? Chair Stack thought that was placing unnecessary constraints on the selection of the county attorney but he would agree in principle that the county attorney should have a certain background. Mr. TenBruggencate added it was a good point, but the most important function of the county attorney is to run a major department of the County and managerial skills might be more important than legal skills. You could have a tax lawyer who can run a department like nobody and you could have an excellent trial attorney who cannot get along with anyone. There tends to be a small pool of attorneys to work with and you have to pick the best person you have. Should it be a corporate or government attorney as opposed to the standard civil or Motion carried 5 :0 criminal attorney? Mr. Justus moved to include Section 8 .02 in the community discussions. Mr. Nishida seconded the motion. Motion carried 5 :0 Announcements Next Meeting: Monday, January 28, 2013 at 4:00 pm Adjournment Chair Stack adjourned the meeting at 4:58 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Patrick Stack, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting. COUNTY COUNCIL s40111lits.t: � OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair 4 Nadine K. Nakamura, Vice Chair „ U �� %� ;? Ricky Watanabe, County Clerk Tim Bynum , 9 • Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser s?, R 4, Ross Kagawa �r?-,,,)-( 4-t Telephone (808) 241 -4188 Mel Rapozo of - Fax (808) 241 -6349 JoAnn A. Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 3 u V 15? } t December 4, 2012 J DEc 5 • L.) BOARDS & COMMISSIONS The Honorable Patrick Stack, Chair & Members of the County of Kaua`i Charter Review Commission c/o County of Kaua`i, Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawai`i 96766 Dear Chair Stack & Members of the Charter Review Commission: RE: CERTIFICATE OF ALL RESULTS, 2012 CHARTER AMENDMENTS, COUNTY OF KAUAI Attached is the Certificate of All Results for the 2012 County of Kaua`i Charter Amendments that were duly voted upon at the General Election held on Tuesday, November 6, 2012, in the County of Kauai. Please feel free to contact the Office of the County Clerk — Elections Division at (808) 241 -4800, should you have any questions. Thank you for your attention to this matter. Sincerely, RICKY WATANABE County Clerk, County of Kaua`i SS :lc/2012- 1576 Attachment cc: Paula Morikami, Boards & Commissions Administrator Office of the County Clerk — Elections Division CRC 2013 -01 AN EQUAL OPPORTUNITY EMPLOYER CERTIFICATE OF ALL RESULTS 2012 CHARTER AMENDMENTS COUNTY OF KAUAI I, Ricky Watanabe , County Clerk of the County of Kaua`i, do hereby certify that the following Charter Amendments were duly voted upon at the General Election held on Tuesday, November 6, 2012, in the County of Kauai: RELATING TO THE MAYOR'S COMPENSATION: "Should the Mayor's salary be established by the Salary Commission?" YES : 17, 687 NO : 4, 570 RELATING TO COUNTY BOARD AND COMMISSION MEMBER TERMS: "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?" YES : 8, 893 NO : 13, 244 RELATING TO THE ELECTION OF COUNTY OFFICERS: "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?" YES : 16, 401 NO : 5, 844 RELATING TO SUBMISSION _REQUIREMENTS FOR INITIATIVE AND REFERENDUM PETITIONS: "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?" YES : 15, 463 NO : 4, 808 RELATING TO INITIATION OF CHARTER AMENDMENTS: "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?" YES : 16, 018 NO : 4, 294 RELATING TO SALARY COMMISSION AND TO GENERAL PROVISIONS: "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?" YES : 17 ,925 NO : 3, 708 1' I RELATING TO SALARY COMMISSION AND TO GENERAL PROVISIONS: "Should the waiting period be eliminated before council's salary changes become effective?" YES : 7, 894 NO : 13, 754 • RELATING TO BUDGET PROCEDURES: "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?" YES : 10, 578 NO : 10, 938 • • In witness whereof, I have hereunto set my hand and caused the Seal of the County . of Kaua`i, State of Hawaii, to be affixed on this 27th day of November 2012 . RICKY WATANABE County Clerk, County of Kauai • • COUNTY COUNCIL �� of +j- ti OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair � Nadine K. Nakamura, Vice Chair Yi Ricky Watanabe; County Clerk Tim Bynum �00�^ ; . ; !i�= Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser tt►a°'"C) trlt eof Ross Kagawa '�•? � i s.O / Telephone (808) 241-4188 Mel Rapozo of t Fax (808) 241 -6349 JoAnn A. Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 r\-----CE —E-1 t, ; Lihu e, Kauai, Hawaii 96766 .. December 4, 2012 1� si b� ti The Honorable Scott T. Nago BOARDS & COMMISSIONS Chief Election Officer F E C E 0 V ( 1 State of Hawai`i, Office of Elections ' 1 802 Lehua Avenue Pearl City, Hawaii 96782 R DEC 5 2012 , Dear Mr. Nago: i BOARDS & COMMISSI :TIN I ' RE: CERTIFICATE OF RESULTS, 2012 CHARTER AMENDMENTS, COUNTY OF KAUAI Attached is the Certificate of Results for the 2012 Charter Amendments that were duly adopted by a majority of votes cast at the General Election held on Tuesday, November 6, 2012, in the County of Kauai. Please feel free to contact the Office of the County Clerk — Elections Division should you have any questions at (808) 241 -4800. Thank you for your attention to this matter. Sincerely, RICKY WATANABE County Clerk, County of Kaua`i SS :aa Attachment cc: Office of the County Clerk — Elections Division County of Kaua`i, Office of Boards and Commissions CRC 2013 -02 A TT urn T A T nnnnn TT lit TU I ' Tn AnT ntr •n CERTIFICATE OF RESULTS 2012 CHARTER AMENDMENTS COUNTY OF KAUAI I, Ricky Watanabe, County Clerk of the County of Kaua`i, do hereby certify that the following Charter Amendments were duly adopted by a majority of votes cast on the questions at the General Election held on Tuesday, November 6, 2012, in the County of Kaua`i: RELATING TO THE MAYOR'S COMPENSATION: "Should the Mayor's salary be established by the Salary Commission?" Article VII, 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. YES : 17, 687 NO: 4, 570 RELATING TO THE ELECTION OF COUNTY OFFICERS "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?" 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 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 nonpartisan elections. B. Offices of the Mayor and Prosecuting Attorney. 1 . For the offices of mayor and prosecuting attorney, the names of the two candidates receiving the highest number of votes for these offices in the primary election shall be placed on the ballot for the general election. However, if there is only one candidate for each of said offices, such candidate shall be elected in the primary election. 2. At the general election, the candidates receiving the highest number of votes for mayor and prosecuting attorney shall be elected. 3 . Tie votes. In the event of a tie vote for mayor and prosecuting attorney in the primary or general election, the winner shall be determined by a method of chance as determined by the county clerk. C. Office of At-Large Council members. 1 . For at-large council offices, two candidates for each vacant at-large council office receiving the highest number of votes in the primary election shall be placed on the ballot for the general election. 2. At the general election, the candidates receiving the highest number of votes for each vacant at-large council office shall be elected. 3. Tie votes. In the event of a tie vote for the last remaining at-large council office in the primary election, the candidates receiving the same number of votes shall be placed on the ballot for the general election. In the event of a tie vote for the last remaining at-large council office in the general election, the winner shall be determined by a method of chance as determined by the county clerk." Note: Charter material to be repealed is bracketed. New charter material is underscored. YES: 16, 401 NO: 5, 844 RELATING TO SUBMISSION REQUIREMENTS FOR INITIATIVE AND REFERENDUM PETITIONS "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?" 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." Note: Charter material to be repealed is bracketed. New charter material is underscored. YES: 15, 463 NO : 4, 808 RELATING TO INITIATION OF CHARTER AMENDMENTS "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?" 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 : Charter material to be repealed is bracketed. New charter material is underscored. YES: 16, 018 NO : 4, 294 RELATING TO SALARY COMMISSION AND TO GENERAL PROVISIONS "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?" Article XXIX, Section 29.01 and Article XXIII, 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 a salary. 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 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.]" YES: 17, 925 NO : 3, 708 In witness whereof, I have hereunto set my hand and caused the Seal of the County of Kauai, State of Hawai`i, to be affixed on this 27th day of November 2012. RICKY WATANABE County Clerk, County of Kaua`i 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 2013-03 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 marksi 8. Change any male or female gender terms to a term which is neutral in gender when it is clear that the provision is not applicable only to members of one sex and without altering the sense, meaning, or effect of any charter provision; 9. Delete any provision pre-empted or superseded by either federal or state law or any charter amendment; and 10. Incorporate other non-substantive changes as shall be necessary to provide a uniform and consistent language style throughout the charter. In making such revisions, the county attorney shall not alter the sense, meaning or effect of any article or section . C. Prior to adoption of the ordinance, the council shall conduct a public hearing on all proposed non-substantive corrections or revisions under consideration . A notice of the public hearing shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the date of the hearing. The public hearing shall be held not earlier than seven (7) days prior to the final reading of the ordinance. D. The ordinance shall be adopted by a vote of five (5) or more members of the County Council ." Note: New charter material is underscored . Ballot Question . Shall the County Attorney/County Clerk be allowed to propose an ordinance to correct typographical, grammatical and other minor errors to the Charter that must be approved by a vote of five (5 ) or more members of the County Council ? Big Island: RELATING TO GRAMMAR, SPELLING, AND FORMATTING OF THE CHARTER: Shall the charter of the County of Kaua'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 CRC 2013-03 An Amendment Relating to Establishing A Permanent Charter Review Commission. Charter Amendment. Article XXIV, Section 24.03 of the Kaua 'i County Charter shall be amended to read as follows : "ARTICLE XXIV CHARTER AMENDMENT Section 24.03 . Charter Review. The mayor with the approval of the council shall appoint, with appropriate staffing, a charter commission composed of seven members who shall serve in accordance with Section 23 .02C of this Charter to study • and review the operation of the county government under this charter [for a period of ten years commencing in 2007. Thereafter, the mayor with the approval of the council shall appoint a charter commission at ten year intervals] . In the event the commission deems changes are necessary or desirable, the commission may propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk. The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission . The commission shall publish not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter. A. Unless a new charter is submitted to the voters, each amendment to the charter shall be voted on separately. B. If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter, or if no time is fixed, thirty (30) days after its adoption by the voters. Any charter or amendment shall be published in its entirety not more than thirty (30) days after its adoption . Note : Charter material to be repealed is bracketed . CRC 2013-04 Draft: 4-04-11 (Sec. 24.01 — Permanent Charter Commission) An Amendment Relating to the Qualifications of the County Attorney Charter Amendment. Article VIII, Section 8.03 of the Kaua 'i County Charter shall be amended to read as follows : ARTICLE VIII COUNTY ATTORNEY 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 of Hawaii for at least [three] five years. Note: Charter material to be repealed is bracketed . New charter material is • underscored . Proposed by Commissioner Ed Justus 11/26/12 — approved to move forward as a proposed Charter amendment CRC 2013-05 • • COUNTY OF KAUAI CHARTER REVIEW COMMISSION 2013 Meeting Schedule 4th Monday except as highlighted below, 4 :00 pm or shortly thereafter January 28 February 25 March 25 April 22 May 20 (third Monday due to holiday) June 24 July 22 August 26 September 23 October 28 • November 25 December 23 • CRC 2013 -06 I 4444 Rice Street, Suite 150 • Lihu`e, Hawaii 96766 • (808) 241 -4919 • Fax (808) 241 -5127