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HomeMy WebLinkAbout2013_0325_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, March 25, 2013 4:00 p.m. or shortly thereafter Mo 'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of February 25, 2013 BUSINESS CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to Articles I through IV of the Charter. (On-going) CRC 2013-07 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 (Four District/Three At-Large) (deferred from 2/25/13) ANNOUNCEMENTS Next Meeting: Monday, April 22, 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 An Equal Opportunity Employer 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 LThu` e, HI 96766 E-mail:bdavis @kauai.gov Phone: (808) 241 -4919 Fax: (808) 241 -5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting. Charter Review Commission — March 25, 2013 2 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: 1 CHARTER REVIEW COMMISSION Meeting Date I February 25, 2013 Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:01 p.m. I End of Meeting: 5 : 56 p.m. Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members : Mary Lou Barela; Joel Guy; James Nishida; Patrick Stack (4: 15 p.m.); Carol Suzawa Also : Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair TenBruggencate called the meeting to order at 4:01 pm with 6 Commissioners present Approval of Regular Open Session Minutes of January 28, 2013 Ms. Barela moved to approve the minutes as Minutes circulated. Mr. Justus seconded the motion. Motion carried 6 :0 With no changes to the agenda, Chair TenBruggencate stated the agenda is approved as circulated. Business CRC 2013 -07 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 11 /26/12) c. Special Committee proposed amendment for County Council Partial Districting (Four District/Three At-Large) d. Special Committee proposed amendment for County Council Districting 7 Seven Districts, At-Large Charter Review Commission Open Session February 25, 2013 Page 2 SUBJECT DISCUSSION ACTION This item was taken out of order pending arrival of Mr. Shiramizu to discuss CRC 2013-03 Mr. Justus said the sub-committee presented its report on Districting several months ago but the committee' s decision was to bring back multiple ideas to the Commission to decide what direction to pursue as a body. One option presented was 4 district seats, North, South, East, and West with 3 at-large seats. The other proposal was to have 7 districts all voted at-large similar to how Maui County does their Council elections. Another suggestion was creating neighborhood boards to get more actual input from the citizens regarding their needs and concerns and address those at a more local level. It was unsure if this would be creating a separate government entity under the County or if it would be boards that would report to either the County Council or the Mayor' s Office. Another idea was simply to find a way to get more public interaction with the Councilmembers by creating a regional committee where every Councilmember would be required to go out once a month to each of the communities, take public input and bring those items of concern to the regional committee. The regional committee would have to take action on those concerns and it would be a charter mandate to require the County Councilmembers to engage the public that voted them in. The committee is still at the point of deciding which direction to go with districting. Mr. Nishida said in general he did not think it was a good idea to go with districting but as part of the committee, a discussion was held on how to make it work. That was how the alternative methods came into the discussion because people feel they are not represented. But districting may not allow for that representation because now there is one person instead of seven. Charter Review Commission Open Session February 25, 2013 Page 3 SUBJECT DISCUSSION ACTION Mr. Guy encouraged the Commission to look broader at districting because as someone from the outer edge of the island, he sees it differently. Currently, there is great representation with Chair Furfaro living in that area but his term will be ending. The challenge becomes seven or none, so Mr. Guy would encourage the Commission to look at ways to broaden the reach within the communities to see if there is interest in districting because interest is all he gets in his community. Mr. Guy favors proposal two and said there has been districting in the past but he did not think it had ever been seven districts but rather a piece of at-large and then partial districting. Ms. Barela asked if the Commission was making a problem out of something that is not a problem. Chair TenBruggencate said this discussion has come up repeatedly in Charter Commissions or before the County Council and it would be nice to figure out a process to grapple with the issue. This is a question for the island and not necessarily a question for this Commission because it has been turned down in the past. Chair TenBruggencate said the Commission needs to find a way to see if there is public clamor for a type of districting that hasn't been tried yet, such as the seven districts. Chair TenBruggencate said he would be interested in hearing how to do that because the issue does not seem to have the votes right now. Perhaps a discussion with good arguments so people who are not supportive of the concept now could be convinced there is a way that improves where we currently are. The underrepresentation at various times in the distant portions of our community is a valid concern. Ms. Suzawa agreed it probably should be taken out for a public hearing but taking this many options out would be really confusing. One thing that should be straightened out before this goes out to the public is the actual districts because if it is other than the State districts where do you go to vote? How is the current districting created; is it by population? Districting must be in place before it goes before the public and the districts need to be equal whether by voters or the number of people. There are 3 Charter Review Commission Open Session February 25, 2013 Page 4 SUBJECT DISCUSSION ACTION State districts so there must be a formula that is fair and equitable. Mr. Stack entered the meeting at 4: 15 p.m. Mr. Justus said Maui has a different style of district system as compared to the other islands. They have separate districts that are not population oriented such as Moloka` i and Lana` i. Mr. Justus thought there must be a legal mechanism to separate districts so that it is not completely population based. Mr. Justus further explained that the 7 districts would be at-large and not restricted to people living in a district voting for the representative from that district. Mr. Justus said there has been animosity experienced with districting in Maui County where people elected in a district did not receive the popular vote of the people in that district. District representation at- large may not guarantee you get someone from that district that the people in that district feel represent them. • Mr. Nishida said his support for the at-large voting is because this island' s population is too small to support districting. The little districts will always feel they don't get total representation and because the County Council spends the taxpayer' s money, Mr. Nishida said he wants to vote for whoever is sitting on that Council. Mr. Nishida pointed out that in a class he took one of the papers he read said that when only one person runs for a district it tends to be a man that gets elected. But when voting for 7 people, there is a better chance for women to be elected. With districting, the responsibility is to the people in that district, which can lead to pork barrel politics. Mr. Nishida said he spoke with Peter Nakamura and there are rules for how districts can be set up. Attorney Winn said she has not been told to look at these issues and the first question the Commission has is to decide whether or not they believe districting is important and or necessary. Mr. Nishida said they should have someone look at the election rules. Attorney Winn said those rules are State but with a home Charter, the Commission could decide how to set the Charter Review Commission Open Session February 25, 2013 Page 5 SUBJECT DISCUSSION ACTION districting up. The Commission could follow the State rules but they do not have to. Mr. Justus said if they go to separate districts it would not necessarily have to be equal population; it could be because of the type of geographic importance of a certain area or the uniqueness of it. Mr. Nishida and Mr. Guy suggested getting population numbers for different parts of the island along with numbers on revenue sources for each area. Mr. Guy said revenue from land value and land taxes along Hanalei Bay and Kaupea are huge sources of income for the County. The North Shore also highly markets the Na Pali Coast and Ha'ena as a tourist destination yet they come out a little bit shy on representation. Mr. Justus said districting by population could be done where the districts would be pretty close and those people would watch out for their districts while the at-large councilmembers would watch out for the entire island. Mr. Justus suggested this could help limit pork barreling. Chair TenBruggencate said this is a complicated discussion but what would be useful is if the Commissioners would start to think about a proposal that can be put in the form of a motion. Continued discussion of the different types of districting does not move this issue forward; we need a specific proposal or a means to move the discussion forward. Mr. Stack agreed this issue was necessary and desirable to the Charter and it should be considered through a motion. Mr. Stack moved to bring this matter to a vote, whether to go forward with districting or table the issue. Mr. Nishida seconded the motion. Chair TenBruggencate asked for clarification on the motion. Mr. Stack said this was not to bring the specifics to a vote but rather decide whether this is something to further explore. When asked if this item should just be moved on to next month's agenda for further discussion, Mr. Stack said Charter Review Commission Open Session February 25, 2013 Page 6 SUBJECT DISCUSSION ACTION with the understanding it would be brought to a motion for vote. The Commission would be remiss if this turned into an on-going debate that never reaches a vote. Mr. Nishida agreed but for different reasons. Mr. Justus asked for clarification on deciding a method of choice and if that meant choosing between the seven districts at-large or the four districts/three at-large. Chair TenBruggencate said his question is what the Commission wants to do next because he is not getting a clear sense that they will be any further along next month than they are right now. Mr. Justus said the various Commissioners have requested more information with population numbers and County revenue numbers from the different areas and asked if the Commission could request that information. Attorney Winn said however they decide to split up the island it cannot be arbitrary and capricious so there would have to be a rational basis for looking at income versus looking at population. Ms. Barela said she thought they were putting the cart before the horse again as this comes up every couple of years and it would be helpful to know if there is public interest in districting. Mr. Justus stated that each time this comes to the ballot there seem to be more and more people voting in favor of the idea of districting even though he has voted against districting in the past simply because of how completely different regions were lumped together. Mr. Justus said his observation is there seems to be an interest in districting and they will find out how much of an interest there is when this goes out to the public. Chair TenBruggencate restated the motion on the floor and asked that it be deferred to the next month when Commission members have more clarity about what they want to do and are prepared to make a motion on what kind Charter Review Commission Open Session February 25, 2013 Page 7 SUBJECT DISCUSSION ACTION of districting should or should not move forward. Chair Stack said this is a two step process and they need to decide if they are for the concept and if that is agreed upon the details can be hashed out. Chair Stack also suggested taking a vote next month as to whether conceptually the Commission wants districting or not but he would rather take a vote on it today. If the Commission agrees to districting, then it would be tasked with working on the details. Chair Stack said his motion simply was do they want districting or non-districting and if the vote is in favor of districting then figure out the details the next month. Mr. Stack said the purpose of his motion was to move districting to the fast track or get rid of it. Mr. Stack amended his motion to redistrict as a Charter amendment. Mr. Nishida seconded the motion. Mr. Nishida agreed to put districting to a vote but he will vote no because he does not agree with districting without knowing the details. Mr. Guy said he is hopeful districting will be moved forward to the ballot. Roll Call Vote: Barela-nay; Guy-aye; Justus- aye; Nishida-nay; Stack-aye; Suzawa-nay; TenBruggencate-aye. Motion carried 4:3 Chair TenBruggencate stated districting would be on the March agenda and asked that a specific proposal be brought at that time which will provide clarity for discussion. Ms. Suzawa said the proposals were last year' s work and if that is not put into consideration, does each Commission member recreate their own idea or just what the committee looked at? Chair TenBruggencate said all he was asking was that the members of the Charter Commission be prepared next month for discussion to arrive at a proposal that can be voted up or down on whether to proceed with districting or not. Chair TenBruggencate said although someone may have voted no on the concept there may be a preferred proposal that can be presented to the public. CRC 2013-03 Proposed amendment creating a new Section 24.04, Kaua`i Charter Review Commission Open Session February 25, 2013 Page 8 SUBJECT DISCUSSION ACTION 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 (On-going) a. Discussion with legal analysts Shiramizu Nakamura Loo on procedures for identifying and proposing non-substantive corrections and revisions to the Charter Chair TenBruggencate introduced Curtis Shiramizu, the Boards & Commissions' legal analyst, who was asked to assist the Commission with this task. Mr. Shiramizu said he was asked to look at housekeeping changes to the Charter and he did receive the copy of hand-written gender changes by Linda Estes. Mr. Shiramizu said he was also looking at other non- substantive changes that could be made to the Charter including grammar and spelling. Mr. Shiramizu also thought about references to Hawai'i Revised Statutes, if any, and some of the provisions specifically that may or may not be appropriate in the Charter. Working from the 2010 updated version of the Charter and doing a word search in the Hawai'i Revised Statutes, Mr. Shiramizu found 2 references in the Charter, Section 11 .07 Police Department Appeals which makes reference to Chapters 76 and 89 of the H.R.S. The other is Section 19.07 A Financial Procedures, which references Chapter 92 Administrative Procedures Act, of the H.R.S. There were 3 references in the Charter to Revised Laws of Hawai'i 1955; one in Section 17.03 C Powers and Duties of the Department of Water and refers to Chapter 145-A and the other reference is Article 21 Special Assessment Improvements and refers to Sections 146- 130 to 146- 171 . Chair TenBruggencate asked if those references are still active links. Mr. Shiramizu said he has not yet checked on the links. Chair TenBruggencate Charter Review Commission Open Session February 25, 2013 Page 9 SUBJECT DISCUSSION ACTION asked if Mr. Shiramizu would be able to make a recommendation based on what the current statute terminology is for the appropriate links. Mr. Shiramizu said he could do that if that is what the Commission wants. Mr. Justus asked where it cites specific statutes or the Revised Laws of Hawai'i would it be simpler to say in accordance to State law as opposed to citing the individual sections and would that change the meaning? Attorney Winn said the problem with saying State law is it is too vague and consists of many volumes. Mr. Justus asked if they say Hawai'i Revised Statutes would they have to cite the specific ordinance. Attorney Winn said yes because the Statute has specific language whereas State law, there are so many possibilities; how would someone know which section would apply? It might be possible if it is narrowed further but it is too vague to just say State law. Mr. Justus said he was concerned with the need to change the Charter every time the State makes a change to the Hawai'i Revised Statutes. Mr. Shiramizu said they might say "in accordance with H.R. S ., Section 217.2, as amended" so every time it is amended it would be automatic but that might not cover all the changes that might occur in State law. Attorney Winn said the other problem is that the State may change it in a way the County does not want it in the Charter. Attorney Winn said anytime you use a document to refer to another document, you face the possibility of it changing the meaning of the original document unless you put in the language itself so that language would always be the same. Attorney Winn thought that inserting the actual language versus citing the H.R.S. section would be considered a substantive change. Mr. Shiramizu did not know if there were any updates to the Revised Laws of Hawai'i 1955 and what is currently there. There would have to be identical language from the old version to the current version to be sure if it was replaced with the H.R. S. cite it would not change the meaning found in the Charter. Attorney Winn said it would be more beneficial to know the Charter Review Commission Open Session February 25, 2013 Page 10 SUBJECT DISCUSSION ACTION sections that are referred to rather than in the generalities they are now discussing. The Chair said because there were so few references in the Charter, Mr. Shiramizu should bring those back to the Commission at a later time. Chair TenBruggencate noted that the Department of Water reference refers to something that predates the State of Hawai'i which should be looked at and asked Mr. Shiramizu to come back to the Commission with his thoughts on this one. Mr. Shiramizu said there are a couple of specific articles that need to be looked at as to whether it should remain in the Charter or be taken out. One is the Electric Power Authority and the way it is drafted it does not come into play unless the Council decides to pass an ordinance. This particular article gives the County the option to take over KIUC if that is ever necessary. Attorney Winn said that is more than a substantive change and would need to be a separate agenda item for consideration. Mr. Justus said gender neutral was brought up before and he or she may not necessarily cover all of the types of gender if you consider transgender or asexual persons. Is there a word or term that can be used that would cover the gamut? Mr. Shiramizu did not know. Ms. Barela said even if a person is transgender they are still a he or a she. Mr. Justus agreed but said not with asexual people. Ms. Suzawa suggested the term could be person or member. Mr. Shiramizu said there are still a lot of singular references in the Charter. Chair TenBruggencate commented that this is a substantial potential issue because if the Commission changes their mind the whole Charter will need to be rewritten. Chair TenBruggencate said they need to hear from Mr. Shiramizu on what he thinks the options are on what to use to refer to individuals and whether to be gender neutral or gender fair or have no gender relation whatsoever. Mr. Shiramizu said he has not thought about the alternatives. Ms. Barela liked the term "human beings" used by Chair TenBruggencate. Ms. Barela said she has sat on a lot of national Charter Review Commission Open Session February 25, 2013 Page 11 SUBJECT DISCUSSION ACTION boards who deal with the LGBT population who still use he/she in written form. Ms. Suzawa said current amendments refer to councilmember but older sections that have not been amended use councilman. Ms. Barela asked Mr. Justus if anyone has brought it to his attention that they would prefer usage of certain words. Mr. Justus said the term he has heard is person as opposed to he or she and would be an ideal neutral term. Mr. Justus asked Attorney Winn if that would be a non-substantive term. Attorney Winn said it could depend on how it is used but, generally, no it would not be a substantive change in most sections but she would have to look at the exact language to see if it does make a difference because person could mean other things as well. Ms. Suzawa asked if during the review Mr. Shiramizu noticed if member was used more than person because they should be consistent. Mr. Shiramizu agreed that member appeared more than person. Chair TenBruggencate said member is not always appropriate because if you are talking about candidates for public office they are only persons until they become members. Mr. Shiramizu said Section 23 . 17 states that when any personal pronoun appears in the Charter, it shall be construed to mean either sex and asked if that sentence could address Mr. Justus' concerns. Mr. Justus asked if it would be a non-substantive change if they changed construed to mean either sex to say shall be construed to mean any person. Attorney Winn said it could mean a corporation (overtalking and Attorney Winn could not be heard) Mr. Shiramizu said it is probably a substantive change for Article 9, Public Defender, and asked if it is appropriate in the Charter since there is a state statute that created the State Office of Public Defender and would that preempt the Charter provision. Attorney Winn did not think it was preempted; the way it is written is that if Council puts forth an ordinance • there could be a Public Defender position within the County. Chair Charter Review Commission Open Session February 25, 2013 Page 12 • SUBJECT DISCUSSION . ACTION TenBruggencate felt they would not mess with that Article. Mr. Shiramizu said only Hawai'i County has a version that makes the creation of a Public Defenders Office mandatory if no other private or public agency performs this function. Mr. Guy said there is a blanket generalization of whether to use he, she, or person but the discussion will be on those words flagged by Mr. Shiramizu. It will need to be looked at in its specific context. Attorney Winn said they need to look at something written and then if they do not like a word or it is legally iffy it can be discussed instead of having a generalized discussion. Chair TenBruggencate said whatever Mr. Shiramizu suggests will eventually have to go through the County Attorney for review. Ms. Morikami suggested they start with the 2012 Codified version of the Charter with all the changes shown on another copy of that Charter, including punctuation. Ms. Davis said that version (Ramseyer) of the Charter has to be available for the public to review so they should go through the whole Charter now so it is done right. Mr. Stack moved that he/she or him/her be the default term where appropriate. Ms. Barela seconded the motion. Mr. Justus said "person" is far more forward thinking than he or she. Mr. Justus explained his knowledge and friendship with gay/lesbian/transgender/asexual associations and person is a preferred word. He or she is a limiting perspective. Motion failed 1 aye (Stack) : 6 nay Mr. Guy moved to use the term person wherever it is gender specific. Motion amended to include the term member as appropriate. Mr. Justus seconded the motion. Ms. Suzawa said where the reference is already councilmember it should not be changed to councilperson to remain consistent. Mr. Guy asked if the Charter Review Commission Open Session February 25, 2013 Page 13 SUBJECT DISCUSSION ACTION motion could be amended to say where it is referencing a specific sex use the word person and when it is referencing Attorney Winn stated there is one amendment on the floor and asked if this was an amendment to the amendment and suggested they deal with the first amendment and then consider amending the main motion. Mr. Guy said he is just trying to give better direction and when it is speaking about a board or commission use member and when it is speaking of gender use person. Chair TenBruggencate pointed out in the Article for the Prosecuting Attorney Office where they refer to the prosecutor' s responsibility to prosecute those persons charged and also refer to the prosecutor as person confuses whether you are talking about the person charged or the person prosecuting. It might make more sense, where necessary, instead of using the pronoun to use the noun. Chair TenBruggencate asked the Commission to be clear on what it is asking for. Mr. Justus said that was a very valid point and asked the County Attorney if they change person to say prosecuting attorney would that be a non-substantive change. Attorney Winn replied most likely. Motion on amendment to include the term member carried 7:0 Mr. Justus moved to amend the main motion to include in those areas where person can be replaced with the noun of the office or officer intended. Mr. Nishida seconded the motion. Motion on second amendment carried 7:0 Chair TenBruggencate said the main motion as amended would be to use person or member when appropriate and in situations where it might be confusing use the noun instead of the pronoun. Attorney Winn corrected the statement to include except when you can refer to an officer use officer. Motion•on the main motion as amended to use the term person or member when appropriate and when it might be confusing use the noun of the office or officer instead of the pronoun carried 7:0 Charter Review Commission • Open Session February 25, 2013 Page 14 SUBJECT DISCUSSION ACTION Mr. Justus asked about clarifying the HLS (sic) and HRS and what they refer to. Chair TenBruggencate and Mr. Shiramizu agreed that would be part of what is brought back to the Commission. Mr. Nishida said what will be proposed on the Charter will be an authorization to the County Council to make non-substantive changes to the Charter. Attorney Winn said that decision has not been made yet. Chair TenBruggencate said all they are talking about now is cleaning up grammar and gender. Mr. Justus said they have never made a motion to separate handling current changes and future changes. Attorney Winn said they have not voted on the current issue of non-substantive changes because they have not seen any of the proposed changes. The Commission can still talk about making future changes and move to send that proposal forward or vote to say they do not want someone making changes in the future without a Charter amendment. Mr. Justus said he would like to see a change made to the proposed amendment for 24.04 to include that any future amendments would be placed in their corresponding sections within the Charter once they are approved by the public. Attorney Winn said the official Charter does have all the amendments attached and the County Clerk is responsible for incorporating them but it just hasn't been done, however, there is no need to have a Charter amendment to say that the amendments should go in the Charter. Chair TenBruggencate verified to Ms. Suzawa that Mr. Shiramizu' s office would be handling the formatting as well as underscoring and misspelled words as that falls within the broad category of grammatical corrections. Mr. Justus asked if the County Clerk is required to insert the approved amendments into the appropriate section of the official Charter or just at their convenience and when it is done does it have to be approved by the public? Mr. Justus stated he was speaking of the official Charter as compared with the codified version, which states it is the Charter Review Commission Open Session February 25, 2013 Page 15 SUBJECT DISCUSSION ACTION unofficial version of the Charter. Attorney Winn said the County Clerk is the elections officer for the County and has all the official documents and he would be the one to prepare the official Charter and insert the language into it. Chair TenBruggencate asked if the proposed amendment had been voted on by this Commission that would allow the County Council to do non- substantive changes on an on-going basis. The response was no. The Commissioners thanked Mr. Shiramizu who exited the meeting at this time. Mr. Nishida moved to approve the new section 24.04 as a Charter amendment in the next election. Ms. Suzawa seconded the motion. Mr. Justus asked if this is approved as an amendment does that mean it goes to the County Attorney' s Office for review and upon return the Commission can make further changes. Attorney Winn said the current motion would mean as is so if nothing else is done the Attorney will review it as currently stated and the Commission will have further chance to review it after that. Also the Commission can amend the language. Ms. Suzawa asked for verification that communication was sent to the County Attorney and the County Clerk' s Offices and both were unable to handle the task of making the changes to the Charter. The Chair said County Council was asked last year whether they would hire someone to do what Mr. Shiramizu is doing but the Council said they did not have staff to do it. Would this mean 3 years from now if we had approved a Charter that had further grammatical changes, we would not have to come back through the Commission but through the County Council with the assistance of the County Attorney could make those changes. Attorney Winn stated that the Commission' s Rules say a proposed Charter Review Commission Open Session February 25, 2013 Page 16 SUBJECT DISCUSSION ACTION amendment would be sent to the County Attorney and afterwards the Commission can make such substantive or legal changes as deemed necessary. Attorney Winn said she would rather have the proposed amendment exactly how the Commission wants to present it to the voters, prior to her looking at the proposal, because if there are substantive changes made it would have to be sent back to the County Attorney for review again. Chair TenBruggencate suggested voting on the motion and if it does go forward to defer it to the next meeting for further discussion. Mr. Nishida said his motion was to move this forward because you have to separate the current changes from the future changes and he does not think the voters will approve the future changes. Overall, Mr. Nishida did not think this should pass and will vote no. Attorney Winn said approving the amendment as is will be what she makes her review on. Mr. Justus moved to include or County Clerk in subsection A following the words County Attorney. Attorney Winn asked if that wording was to be included only in subsection A because it also appears in subsection B. Mr. Justus also asked to include that wording in subsection B. Chair TenBruggencate said he would be voting against this because the Commission is doing this work through Mr. Shiramizu and the voters should not be burdened with something they probably would not approve. After a call for the question, Chair TenBruggencate said the question is whether to pass the proposed Section 24.04 regarding the County Attorney and or the County Clerk being able to make non-substantive corrections and revisions to the Charter. Roll Call Vote: Barela-nay; Guy-nay; Justus- abstain; Nishida-nay; Stack-nay; Suzawa-nay; TenBruggencate-nay. Motion failed. CRC 2013-06 Review and Approval of 2013 Meeting Schedule (Deferred 1 /28/13) Ms. Barela moved to approve the schedule. Mr. Justus seconded the motion. Motion carried 7:0 Announcements Next Meeting: Monday, March 25, 2012 at 4:00 p.m. Charter Review Commission • Open Session • February 25, 2.013 Page 17 SUBJECT DISCUSSION ACTION Adjournment Ms. Barela moved to adjourn the meeting at 5 : 56 p.m. Mr. Justus seconded the motion. Motion • carried 7:0 . • Submitted by: Reviewed and Approved by: .- - Barbara Davis, Support Clerk Jan TenBruggencate, Chair O Approved as is. . • ) Approved with amendments. See minutes of . meeting. . • • • • • • i:. . C • - ARTICLE I y THE COUNTY AND ITS GOVERMENT f: :G Section 1 . 01 . Incorporation . The people of the county of Kauai ': - are and shall continue to be a body politic and corporate in 0 .. perpetuity -under the name of " county of Kauai , " referred to hereinafter as the " county . " _ { Section 1 . 02 . Geographical Limits . The islands of Kauai and "n F; R Niihau and all other islands lying within three nautical miles off FZ. .- u the shore thereof, and the waters adjacent thereto , shall . ' constitute the county or Kauai with its county seat at Lihue . Section 1 . 03 . County Elections . A . Nonpartisan Elections . County elections shall be - F conducted in accordance with the election laws of the State insofar as applicable , but all elective county officers shall be elected by nonpartisan elections . (Amended 2012 ) B . Offices of the Mayor and Prosecuting Attorney . 1 . For the offices of mayor and prosecuting attorney, - - T - the names of the two candidates receiving the highest number t of votes for these offices in the primary election shall be .H. placed on the ballot for the general election . However , if there is only one candidate - for each of said offices , such t candidate shall be elected in the primary election . (Amended- p, 2012 ) • 2 . At the general election , the candidates receiving the F` highest number of votes for mayor and prosecuting attorney t H shall be elected . (Amended 2012 ) 3 . Tie votes . In the event of a tie vote for mayor .and . prosecuting attorney in the primary or general election , the winner shall The determined by a method of chance as i1 determined by the county clerk . (Amended 2012 ) ter. . C . Office of At-Large Council members . .; 1 . For at-large council offices , two candidates for each 1 . 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 . (Amended 2012 ) ti 2 . At the general election , the candidates receiving the '. - 1 - ( 11 / 12 ) r • • ter , ce.l: < .� ; :. ;a - , • �w �_t CRC 2013 -03 Articles I - IV • Gender Neutral Recommendations • • akr-itzt1,1t71;:.:Ltr,..,? ' '-':7 .1i.` t.:1q.1, 2"•';n1-1°,•"--41:--siiilil • . •highest number of votes for each vacant at-large council r. m I - • _ - - office shall be elected . ( Amended 2012 ) . • 3 . Tie votes . In the event of a tie vote for the last c , . - - -. • • - A remaining at- large council office in the primary election, vic - A .- • ‘_ , • , • t the candidates receiving the same number of votes shall be t -,% - e me . : , 'placed on on the ballot for the general election . (Amended 2012 ) In the event / of a tie vote for the last remaining at- v-. .. . : - - -. i ' : 7 - . . • - . -•large council office in the general election , the winner 1...), 9 . - I, . . . . . : ' .-) shall be determined by a method of chance as determined by it,-.:, • .- - ; r :. - . : - . _:- the county clerk . ( Amended 2012 ) '. • . ARTICLE II POWERS OF THE COUNTY Section 2 . 01 . Powers . To promote the general welfare and the * . _ . . . ,- -1 ' . • • Hri safety, health , peace , good order , comfort and morals of its r : . . . . 1 . - - - _ - , =, inhabitants , the county shall have and may exercise all powers k 4- . _ , _ . - - . g necessary for local self-government , and any additional powers and N. - - , , %- - - , - - .•, . •2 authority which may hereafter be granted to it , except as 7 - - . . • :, - -: t restricted by ' laws of this State . The enumeration or express ',:tv _ ' : . _ 9 • % %, _ powers in this charter shall not be deemed to be exclusive . addition to the express powers enumerated herein of implied t-* . _ c , . _ .. 5 thereby, it is intended that the county shall have and may .1. 1 L ' - , . , . . . • • exercise all powers it would be competent for this charter to H • enumerate expressly . • . Section 2 . 02 . Exercise of Powers . All powers •of the county shall • . - _ , • . . - - - . - - -;I be carried into execution as provided by this charter , or , if the V : - . . • . , , • 4i, charter makds no provision , as provided by ordinance of the county : .) • : _ . . . . , x council . . ' •r _ shr .t Nt %; "7 r. " 1 • 1 : % •. ARTICLE III . COUNTY COUNCIL , . Section 3 . 01 . Legislative Power . The legislative power of the 4-e . . 'i - • . _ _ _ ' county shall be vested in and exercised by the county council , ]'. . . . '- ' ' . . except as otherwise provided by this charter . _ . . . Section 3 . 02 . Composition . There shall be a council of seven k, ..,_ . . . • . . , ...-t members elected at-large . V : . ' . : - - . ‘ . • - • , ' - 2 - I ( 11 / 12 ) _ Section 3 . 03 . Terms . The terms of office of councilmembers shall . be for two years beginning at twelve o ' clock meridian on the first working day of December following their election . No person shall • • be elected to the office of councilmember for more than four : . consecutive two year terms . (Amended 1980 , 1984 , 2006 ) 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 . of the county for at least two years immediately preceding his election or appointment . B . Any ,councilmember who removes his , or her residence from {Deleted: councilman( the county or is convicted of a felony shall immediately forfeit I his or her office . . C . The council shall be the judge of the qualifications of its members and for that purpose shall have power to subpoena :i witnesses , take testimony and require the production of records . Decisions made by the council in the exercise of the powers • granted in this subsection shall be subject to review by the Fifth Circuit Court of the State of Hawaii . Section 3 . 05 . Vacancy in Office . In the event a vacancy occurs in ' the council , the remaining members of the council shall appoint a successor with the required qualifications to fill the vacancy for the unexpired term . If the council is unable to fill a vacancy within ( 30 ) days after its occurrence , the mayor shall make the appointment to such vacancy . The foregoing provisions shall apply I in the event a person elected as ,councilmember dies before taking ••{ Deleted: counciiman , 1 office ; provided, however , that the vacancy shall be filled by the newly elected council within thirty ( 30 ) days after the beginning of the new term . • Section 3 . 06 Compensation . The salary of each councilmember shall be established in accordance with the provisions of Article XXIX of this Charter . ( Amended 1988 , 2006 ) Section 3 . 07 . Organization of Council ; Officers ; Rules ; Employees . A . The council shall meet in the council room at the county building or in the Kauai War Memorial Convention Hall for its organization promptly after its inauguration and swearing- in ceremony at which time it shall elect one of its members as chairperson and presiding officer of the council . Until such time : Deleted: chairman as the `chairperson is elected , the mayor - - shall preside at the ,...j i _________ _____ __ _ Deleted: chairman 1 - 3 - ( 11 / 12 ) . council meetings , provided that the mayor shall not have a vote . The council shall also elect one of its members as vice- . . ,chairperson who shall act as the presiding officer in the event of ,„..-- Deleted: chairman the ,chairperson ' s absence . The council shall appoint a presiding _ ..._ Deleted; chairman ' a officer pro tempore from its members in the event of the absence I of both the ,chairperson and vice,chairperson . A majority of the ,---t-•-{ Deieted: chairman entire membership of the council shall constitute a quorum and, Deli: chairman j, except as otherwise provided, the affirmative vote of a majority ; of the entire membership shall be necessary to take any action . ( Amended 1984 ) B . The council shall adopt such rules as it may deem • necessary for the organization of committees and the transaction . of its business . C . The council shall keep a journal of its proceedings . D . The council may, upon an affirmative vote of at least two- thirds of its entire membership , suspend without pay for not more than one month any member for disorderly or contemptuous behavior in its presence . The presiding officer or the council by a majority vote may expel any other person who is guilty of disorderly, contemptuous or improper conduct at any meeting . E . The council shall meet regularly at least twice in every month at such times as the council may ' prescribe by rule . Special I meetings may be held on the call of the mayor , ,chairperson or by ,;:.-{ Deleted: chairman / five or more members . All council and council committee meetings shall be open to the public except as provided for in Chapter 92 , Hawaii Revised Statutes . (Amended 2008 ) . F . Council Staff . The council may appoint the necessary personnel for the transaction of its business , and such i appointments shall be subject to the civil service and I classification requirements . The ,chairperson of the council shall . ...-.jDeleted: chairman ) 1 be the administrative officer of the staff employees . Section 3 . 08 . Mayor May Appear Before Council . The mayor may ; propose in writing any motion , resolution or ordinance , or . amendments thereto , but shall have no right to vote thereon . Section 3 . 09 . Eminent Domain . The council shall by resolution . determine and declare the necessity of taking property for public , purposes , describing the property and stating the uses to which it shall be devoted . . Section 3 . 10 . Annual Budget and Capital Program . The council . - 4 - ( 11 / 12 ) shall enact an annual budget ordinance , which shall include both the operational and capital expenditures for the fiscal year and the method of financing same . The council shall provide sufficient revenues to assure a balanced budget . Section 3 . 11 Adoption of Pay Plan . The Council by ordinance shall . appropriate the salaries of all , officers and employees who are exempt from civil service in accordance with the provisions of Section 7 . 05E and Article XXIX of this Charter . All other officers and employees shall be classified and paid in accordance with law . ; (Amended 1984 , 1988 , 2006 ) • Section 3 . 12 . Audit . A . Financial Audit . At least once every two years and at any ' other time as may be deemed necessary , the council shall cause an . independent audit of all county funds and accounts to be made by a certified public accountant or firm of certified public accountants . The scope of the audit shall be in accordance with the terms of a written contract to be signed by the ,chairperson ...-{ Ddmed: chairman which shall provide for the completion of the audit within a n reasonable time . If the state makes such an audit , the council may j accept it as satisfying the requirements of this section . The . " audit shall be matter of public record . B . Performance Audit . To ensure and determine whether ' government services are being efficiently, effectively, and economically delivered, the council may at any time provide for a performance audit of any or all of the offices , agencies , departments , programs , and operations for which the county is ti responsible . The council may exercise its authority to conduct ' performance audits through the hiring of a qualified in-house auditor or through the hiring of a qualified auditor or both . The scope of the audit shall be in accordance with the terms of an assignment referred to the office of the county clerk by the county council or a written contract to be approved by the council and signed by the presiding officer of the council , but may include the following activities : ( 1 ) Examination and testing of county offices ' , , agencies ' programs ' and departments ' implementation processes to determine whether the laws , policies and programs of the county are being carried out in the most effective , efficient . and economical manner . - 5 - ( 11 / 12 ) b . . • :- . • ( 2 ) Examination and testing of the internal control " - systems of offices , agencies , programs , operations and '1 departments to ensure that such systems are properly designed ft . to safeguard public assets against loss from waste , fraud, ti error , to promote efficient operations , and to encourage ': :r A adherence to prescribed management policies . 1 Said assignment or contract shall encourage recommendations for j,. . changes in the organization , management and processes which will produce greater efficiency and effectiveness in meeting the ; ) objectives of the programs or operations carried . out by the a respective county agencies , departments , offices , programs , and ` ' operations , and shall provide for the completion of the audit ?, .. within one calendar year . A copy of the audit report shall be :: ' , filed with the county clerk and shall be public record . ( Amended 2000 ) Section 3 . 13 . Creation of a General Debt . A . The council by the affirmative vote of at least five - members may authorize the issuance of general obligation bonds in L accordance with the Constitution and laws of the State of Hawaii . C‘.: / B . Each bond authorization shall specify the purpose for which moneys are to be borrowed and the maximum amount of bonds to ,1 • be issued for that purpose . a C . Notwithstanding any limitation contained in this charter . w ' the council may accept . and receive participating or nonparticipating federal and state loans for public improvement V projects or other purposes , the aggregate of which . together with k any bonded indebtedness outstanding , shall not at any time exceed 7 the total bonded indebtedness authorized by the Constitution . of the State of Hawaii . D . The council may provide for the refunding of general y : obligation bonds . r, Section 3 . 14 . Creation of Special Assessment Debt . The council may authorize the issuance of improvement bonds to finance frc . assessable public improvements in the manner provided by law . Section 3 . 15 . Revenue Bond Indebtedness . The council may authorize the issuance of revenue bonds ( for the purpose of ;: initiating , constructing , acquiring , extending , replacing or i•' otherwise improving any revenue-producing facility as provided by x . law . i F'. - 5 - ( 11 / 12 ) • t ':a • • • • • r.. • Section 3 . 16 . Temporary Borrowing . A . The council may borrow money in any fiscal year in anticipation of revenues to be derived from taxes for that year , ', and for any of the purposes to which the revenues are appropriated . No such borrowing shall be in excess of twenty-five - per cent ( 25 % ) of the amount of the uncollected taxes of that year . �:. . . . . ' B . When any warrants are presented to the county for payment and the same are not paid for lack of funds , the director of finance shall issue a warrant note , equal in amount to the face value of the warrant or warrants so presented for payment . The warrant note shall be in a form and shall be due at a date prescribed_ by the director of finance . It shall bear interest at the lowest obtainable rate . The notes shall be a first charge on '•: the moneys of any fund against which the warrants are issued . • C . The council upon recommendation of the mayor may authorize the director of finance to obtain temporary loans from the State . ': . Section 3 . 17 . Investigation . The council or any authorized committee thereof shall have the power to conduct investigations • of the operation of any agency or function of the county and any '' : subject upon which the council may legislate . In investigations , the presiding officer shall have the right to administer oaths and . in the name of the council to subpoena witnesses and compel the production of books and papers pertinent thereto . If any person subpoenaed as a witness , or to produce any books or papers called for . by the process of the council or committee shall fail or . refuse to respond thereto . the circuit court upon request of the s council shall have power to compel obedience to any process of the council and require such witness to answer questions put to him as i? . aforesaid, and to punish as a contempt of the court , any refusal s.: . to comply therewith without good cause shown therefor . False swearing by any witness shall constitute perjury and be > punished as such , and whenever the council is satisfied that a ': witness has sworn falsely in any hearing or investigation , it shall report same to the county attorney for prosecution . In any . investigation which concerns the alleged gross misconduct or alleged criminal action on the part of any individual , such ~. individual shall have the right to be represented by counsel , the right of reasonable cross-examination of witnesses and the right to process of the council to compel the attendance of witnesses in - 7 - ( 11 / 12 ) • • his behalf . r.r Section 3 . 18 . Restrictions on County Council and Council members . ± • The council and its members shall not interfere with the administrative processes delegated to the mayor . Except for the purpose of investigative inquiries under Section 3 . 17 , the council or its members , in dealing with county employees , or with county officers who are subjected to the direction and supervision of the mayor , shall deal solely through ' ;. . the mayor . and neither the council nor its members shall give orders to any such employee or officer either publicly or privately . Any willful violation of the provisions of this P Y • Y P section by a member of the council shall be sufficient grounds for an action for his removal from office . Section 3 . 19 . Implementation of the General Plan A . The power to process and to issue any zoning , use , . . subdivision , or variance permit for more than one transient accommodation Unit shall be vested in and exercisable exclusively by the council . As used in this Section , "transient accommodation unit" shall mean an accommodation unit or a portion thereof in a hotel , timeshare facility , resort condominium, fractional ownership facility , vacation rental unit or other similarly-used i dwelling that ie rented or used by one or more persons for whom ` such accommodation unit is not the person ' s primary residence - under the Internal Revenue Code . B . Any applicant seeking the issuance of a zoning , use , subdivision or variance permit for more than one accommodation unit shall certify to the planning department whether any use of the units as a transient accommodation unit is projected by the ' applicant . Prior to granting any such permit for a transient l accommodation unit , the council shall conduct a public hearing and make a finding that granting such permit would be consistent with the planning growth range of the general plan and in the best interest of the county and its people . Approval of any such application shall require a favorable vote of two thirds ( 2 / 3 ) of the entire membership of the council . Appeals of any decision by - the council relating to such permits must be instituted in the i- circuit court within thirty ( 30 ) days after entrance of the final decision of the council . C . The council may by ordinance authorize the planning commission to process and issue such permits , or certain of them, : • on terms and conditions as the council may deem advisable , only f . . . . - 8 - ( 11 / 12 ) • • upon the council ' s enactment of a rate of growth ordinance that limits the rate of increase in the number of transient A accommodation units in the county to . no greater than one-and-one- half percent ( 1 . 5 % ) per annum on a multi -year average basis , or ■ such growth rate that is within the planning growth range of a future general plan adopted pursuant to Section 14 . 08 . 1 D . The council shall adopt such ordinances , laws , rules and r; , • regulations as are necessary to carry out the terms and intent of e - . this amendment to the Charter . • E . If any provision of this amendment shall be held by a - final order of a court of competent jurisdiction to be invalid, all of the other terms of the amendment shall remain in full force and effect . (Amended 2008 ) z • t.• . ARTICLE IV 4 . ORDINANCES AND RESOLUTIONS ,z. ' 7t: Section 4 . 01 . Actions of the Council . Every legislative act of the council shall be by ordinance except as otherwise provided . :4-1 % Non-legislative acts of the council may be by resolution . jI,. Transfer of funds within the same department , whether in the K operating budget or capital budget , may be effected by resolution . r, The enacting clause of every ordinance shall be " Be it ordained by {. the council of the county of Kauai : " and the enacting clause of '. _ every resolution shall be " Be it resolved by the council of the ■ county of Kauai : " '•'- �; • Section 4 . 02 . Introduction , Consideration and Passage of Ordinances and Resolutions . � . • A . Every proposed ordinance shall be initiated as a bill and r shall be passed only after two readings on separate days . The vote on final passage shall be taken by ayes and ' noes and entered in the journal . : Full readings of bill may be waived by vote or a majority of the council . B . Every ordinance shall embrace but one subject , which shall be expressed in its title . kt. C . No bill shall be so . amended as to change its original purpose . Every bil•l , _ as amended, shall be in writing before final passage . D . When a bill fails to pass on final reading and a motion is } made to reconsider , the vote on such motion shall not be acted s r rF' • - 4 - ( 11 / 12 ) j i • I upon before the expiration of twenty- four ( 24 ) hours . E . Except as otherwise provided in this charter , resolutions may be adopted on one reading . The reading shall be in full except by a majority consent of all ,councilmembers present , in which case _,...-t Deleted: councilmen the reading may be by title only . F . Bills embracing ( 1 ) the fixing of special assessments for , the cost or improvements , ( 2 ) the appropriation of public funds or the authorization of the issuance of general obligation bonds or ( 3 ) the imposition of a duty or penalty on •any person , shall pass first reading by ayes and noes , and digests of such bills shall be advertised once in a newspaper of general circulation in the • . . county, at least seven days before final reading by the council . Copies of such bills shall be filed for use and examination by the public in the office of the county clerk at least seven days prior to the final reading thereof . . G . Upon the request of a majority of the council , a public hearing shall be held on any proposed ordinance or resolution . Notice of the public hearing shall be by publication in a . . newspaper of general circulation in the county , and the public hearing shall be held not earlier than seven days prior to the final reading on the proposed ordinance or resolution . . H . All ordinances shall be promptly advertised once by title in a newspaper of general circulation in the county with the ayes and noes after enactment . Unless otherwise provided, resolutions need not be advertised either before or after adoption . • I . Resolution authorizing proceedings in eminent domain shall . not be acted upon on the date of introduction , but shall be laid over for at least fourteen ( 14 ) days before adoption . Such resolutions shall be advertised once in a newspaper of general circulation in the county at least fourteen ( 14 ) days before . . adoption by the council . Copies of such resolutions shall be filed for use and examination by the public in the office of the county : . clerk at least fourteen ( 14 ) days prior to the adoption thereof . Upon adoption , every such resolution shall be presented to the mayor , and he may approve or disapprove it pursuant to applicable ; provisions governing the approval or disapproval of bills . J . The council may adopt resolutions for the purpose of marking roads or regulating and adjusting the movement of traffic and pedestrians in connection with traffic ordinances , and such resolutions need not be published ; provided , that no person shall be punished for violating such resolutions so adopted unless the - 10 - ( 11 / 12 ) regulation , mark or adjustment sought to be effected is clearly indicated in the places where effective by legible markers or signs . K . Emergency Ordinances . To meet a public emergency affecting life , health or property, the county council may adopt one or more emergency ordinances , but such ordinances may not be used to levy taxes , regulate the rate charged by any public utility for its services , or authorize the borrowing of money . ( 1 ) Every emergency ordinance shall be plainly designated as such and shall contain , after the enacting clause , a declaration stating that an emergency exists and describing the claimed ., . emergency in clear and specific terms . Except as thus indicated, it shall be introduced in the form and manner prescribed for ordinances generally . An emergency ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced . The affirmative vote of all . council members present , or the affirmative vote of three-fourths of those elected , shall be required for adoption of such an ordinance . After adoption of an emergency ordinance , the council shall cause it to be printed and published as prescribed for other adopted ordinances . ( 2 ) Every emergency ordinance , including any amendments made thereto after its adoption , shall automatically stand repealedjas of the sixty- first ( 61st ) day following the date on which it was adopted . Section 4 . 03 . Submission of Ordinances to the Mayor . A . Every bill which has passed the council and has been duly . authenticated by the county clerk and the presiding officer , shall be presented to the mayor for ,approval . If the mayor approves it , Deleted: his ,the mayor shall sign it and it shall then become an ordinance . If ,the mayor disapproves it , the mayor shall specify ,objections : he thereto in writing and return the bill to the county clerk with — ,the mayor' s objections within ten days , excluding Saturdays , Deleted: he Sundays and holidays after receiving it . If the mayor does not N Deleted: he return it with ,the mayor ' s disapproval within that time , it shall Deleted: his take effect as if ,the mayor had signed it . The objections of the ' , ' Deleted: his mayor shall be entered in the journal of the council and the Del : he council may, after five and within thirty ( 30 ) days after the bill Deleted: his has been so returned, reconsider the vote upon the bill . If the bill , upon reconsideration , is again passed by the affirmative Deleted: he vote of five members of the council , the presiding officer shall verify that fact on the bill and when so certified, the bill shall - 11 -- ( 11 / 12 ) • • then become an ordinance with like effect as if it had been signed by the mayor . If the bill fails to receive the vote of at least five members of the counci ],, it shall be deemed void . { Deleted: . J • B . If any bill is presented to the mayor appropriating money, I ,the mayor may veto any item or items or appropriations therefor by •-{ Deleted: he � . striking out or reducing the same . In case of such a veto , the mayor shall append to the bill at the time of signing it a . statement of the item or items or portion or portions thereof to I which ,the_ mayor objects and the reasons therefor . Each item so -:_.--{ Delaed: he vetoed may be reconsidered by the council in the same manner as bills which have been disapproved by the mayor . Section 4 . 04 . Amendment , Revision or Repeal : Adoption of Codes by Reference . A . No ordinance shall be amended, revised or repealed by the ; . council except by ordinance . No resolution shall be amended, revised or repealed except by resolution , but a resolution may be 1 . superseded by a subsequent ordinance . B . Any ordinance or resolution may be repealed by reference to its number or section number . Revisions or amendments may be made in the same manner but the same , or the section , subsection or paragraph thereof , revised or amended, shall be re-enacted at length as revised or amended; but when the amendment consists of adding new sections , subsections , paragraphs , or substituting a word, term or number , it shall be sufficient to enact the new matter alone if reference thereto is made in the title . C . Any code or portions thereof may be adopted by reference thereto by the enactment of an ordinance for that purpose . The code , or portions , need not be published in the manner required for ordinances , but not less than three copies thereof shall be filed for use and examination by the public in the office of the county clerk not less than fifteen ( 15 ) days prior to the final reading thereof . and notice of the availability of said copies shall be published by the clerk . Section 4 . 05 . Codification of Ordinances . A . Within two years of the effective date of this charter , the council shall cause a code to be prepared and published, containing all of the ordinances of the county which are appropriate for continuation as law . Such a code shall be prepared and published at intervals of every ten years thereafter . The code may be prepared by the county attorney , or the council - 12 - ( 11 / 12 ) • • • • 24:.. °•1∎10:` s'.':'t1•KO : :y: .:+r .1716 .JN' • • F - i • z ti may contract for its preparation by professional persons or organizations experienced in the revision and codification of ordinances or statutes . . B . The code may be adopted by reference by the passage of an Itei 441 • ordinance for that purpose . Copies of the code shall be • made P� available to the public at a reasonable price prior to and after HcifE its adoption . >` �r Cr • C . All proposed ordinances of general application introduced , after the approval of the code shall . be adopted as amendments of or additions to the code and by reference thereto . • ARTICLE V. r COUNTY CLERK Section 5 . 01 . Powers , Duties and Functions , t, Zfi A . The council shall appoint and may remove the county clerk . The salary of the county clerk shall be set pursuant to Article - XXIX of this Charter . (Amended 2006 ) _. • B . The 'county clerk shall : a ti ( 1 ) Be the clerk of the council . I :v ( 2 ) Take charge of safety keep and dispose of all books , R papers and records which may properly be filed in his office and • keep in separate files all ordinances , resolutions and regulations and cumulative indices of the same , or exact copies thereof , -� enacted or adopted by the council . ( 3 ) Have custody of the county seal , which shall be used to - a authenticate all ' official papers and instruments requiring execution or certification by. the • county clerk in the exercise of • • his office : . • • ( 4 ) Conduct all elections held within the county pursuant to • • this charter , the laws of the State of Hawaii or the United States of America . ( 5 ) Perform other functions as required by this charter , by - law or , assigned by the council . C . The county clerk may appoint the necessary staff for which '' appropriations have been made by the council with the same powers :. with respect to the personnel of his office as the department j • - 13 ( 11 / 12 ) ' • • e �r Fr � +C��t 3�a A3-e2SkLa:•�a`4 rr•-it_ -yl.ati.'+. �•rf„ heads in the executive branch . ARTICLE VI EXECUTIVE BRANCH , Section 6 . 01 . Executive Power . The executive power of the county shall be vested in and exercised by the executive branch , which shall be headed by the mayor . Section . 6 . 02 . Organization . Except as otherwise provided, within six months after the effective date of this charter , the mayor - shall recommend and the council shall by ordinance adopt an ', administrative code providing for a complete plan of administrative organization of the executive agencies of the county government consistent with the provisions of this charter . Upon recommendation of the mayor , the council may, by a vote of '`' five members , change , abolish , combine or re-arrange the executive agencies of county government . New functions may be assigned by the mayor to existing agencies , but to the extent that this is not practicable , the council by a vote or five members may upon the recommendation of the mayor v: - create additional departments . Section 6 . 03 . Creation of Advisory Committees . The mayor or department heads , with the approval of the mayor , may each appoint advisory committees . Such advisory committees shall not exist ; beyond the term of office of the appointing authority . The members of advisory •committees shall not be paid, but their authorized expenses shall be paid from appropriations to the ` appointing authority . Advisory committees shall have no employees but each appointing authority shall cause employees of the aL department to furnish such services as may be needed by the r : committees . r' • - i Section 6 . 04 . Appointment and Removal of Officers and Employees . A . The administrative assistant to the mayor and all department heads shall be appointed and may be removed by the 7 . `•' mayor , except as otherwise provided by this charter . B . Department heads may appoint the necessary staff for which ; . appropriations have been made by the council . Department heads � . may also suspend, discharge or discipline subordinate employees as . ;x may be necessary for the proper conduct of the departments and subject to the classification and civil service laws . - 14 - ( 11 / 12 ) • .• 7t 3cr 1,1) : i - Section 6 . 05 . Powers and Duties of Heads of Executive Agencies . ° ry A . ,Subject to the provisions of this charter and applicable f:, _ regulations adopted thereunder , the heads of the executive 1 :- agencies of the county government are empowered to assign and . 1 reassign duties , supervise , manage , and control all employees and - y shall have the power and , duty to make all personnel actions as ' provided by law . , . ;,, • B . Each head of an executive agency of . county government may :r`:-: • , subject to ' the approval of the mayor , prescribe such rules as . are 1 necessary for . the organization and internal administration of the M respective executive agencies . 5 1• ARTICLE VII _ - 'MAYOR _ r5 rk t Section 7 . 01 . Election and Term of Office . The electors of the I county shall elect a mayor whose term of office shall be four Ira • years beginning at twelve o ' clock meridian on the first working sx ' day of December following his election . No person shall serve as r mayor for more than two consecutive full terms . r .. 4 k. The Four year term for mayor shall apply commencing with the 1990 } General Election . (Amended 1980 , 1984 , 1988 ) Section 7 . 02 . Qualifications . Any citizen - of the United States " not less than thirty ( 30 ) years of age who has been a duly �' =' a.. qualified resident elector of the county for at least three years 3 immediately prior to his election shall be eligible for election t- to the office of mayor . . Upon removal of his residence from the F county, the mayor shall by that fact be deemed to have vacated his N : ‘ 41 office . ( Amended 1980 ) . . - _j F Section 7 . 03 . Compensation . ' The • salary of the mayor shall be p . established in accordance with the provisions of Article XXIX of -- < !" this Charter . (Amended 2012 ) , . r Section 7 . 04 . Contingency Fund . The council shall provide in the annual budget a contingent fund of not less than $ 2 , 500 . 00 to be f. expended ; by the mayor for such public purposes as he . may deem ` - proper . • 6 Section 7 . 05 . Powers , Duties and Functions . The mayor shall be . the chief executive officer of the county . He shall have the power .v. . ..-: .. , r _, to : • . -. " - . ,: - 15 - ( 11 / 12 ) 3- 4' hT C S,at -.:41/ 4-S5 <Liii 3n aaAc.L ti. 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 2013 -07 members. The members of the commission shall be appointed by the mayor and confirmed by the council . The initial council district apportionment commission shall be responsible for designating the geographic boundaries of the council districts provide for above. The council district reapportionment commission shall be responsible for the reapportionment and redistricting of those districts. The commission shall elect a chair from among its members. Any vacancy in the commission shall be filled in the same manner as for an original appointment. The commission shall act by the majority vote of its membership and shall establish its own procedures. No member of the commission shall be eligible to become a candidate for election or appointment to the council in the initial election held under any apportionment or reapportionment plan adopted by the commission . The commission shall be furnished all necessary technical and secretarial services. The mayor and the council shall appropriate funds to enable the commission to carry out its duties. D. In effecting the initial apportionment and each subsequent reapportionment, the commission shall be guided and comply with all applicable Federal and State Laws. E. On or before February 1 of the year following appointment, the commission shall file with the county clerk an apportionment or reapportionment plan, which shall become effective upon its filing. F. Any registered voter may petition the proper court to compel, by mandamus or otherwise, the appropriate person or persons to perform their duty or to correct any error made in the district apportionment or reapportionment plan, or the court may take such other action to effectuate the purposes of this section as it may deem appropriate. Any such petition must be filed within forty-five calendar days after the filing of the plan . G . The commission's tenure shall end upon the filing of its plan ." (Deleted material is bracketed; new material is underlined) • ■ • • • 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? • • 1 - I . • ; • • 1 • _ ... . . .. r b ' '. v. ■ • ' • I I . - .. i '4 I • • • - t 1 . - . . . .. . • .• • • _ I' • 1. . .• I • . . r • I • .. • ' • . I • _ , _ , •J. • , • • I _ • • .. 1 1 1 1 iI . . . • • '-.. ' Y ' 11. • 1.I r I • 11 V ' .. . . — — I 11 1 1 . •• • . .- • . . • _ 11 • . • . I • • .. • — I• . ... • - 1 • ' . • .• • •M . . • .1;' . 4 . 1 ' . . • . • a • • . • • . • . • • I • - I • • I I 4 • • • • A• I 1 • . - ■ I. . . . . . • 1 1 '.1 •. . Rough Conceptual Layout of Geographic Areas for Kaua'i County Council with Four District Seats North 41/401 4Eat . West ieasiciprie South/Central Thick black lines indicate the four likely district divisions Map utilizes division layout of naturally defined boundaries Conceptual Town Grouping Breakdown with Four Districts : "North" : Anahola, Moloa' a, Kilauea, Kalihiwai, Princeville, Hanalei, Wainiha, Ha' ena "East" : Wailua, Wailua Homesteads, Kapa' a, Kealia "South/Central" : Lawai, Omao, Koloa, Po' ipu, Puhi, Lihu' e, Hanama' ulu "West" : Ni' ihau, Kekaha, Waimea, Pakala/Makaweli, Kaumakani, Hanapepe, Ele'ele, Kalaheo Each region has culturally unique & specific geographic issues related to their area Population Breakdown of Each Town According to 2010 Census Data : North District: Anahola- 2223 . Kilauea- • 2803 Ka l i h iwa i- 428 Princeville- 2158 . Hanalei- 450 Wainiha- 318 Haena- 431 Sum = 8811 ' • East District : Wailua- 2254 Wailua Homsteads- 5188 . Kapaa- 10699 • Sum = 18141 • South-Central District: . Lawai- . 2363 Omao- 1301 . Koloa- 2144 • Poipu- 979 I Puhi- . 2906 Lihue- m 6455 • Hanamaulu- 3835 Sum= 19983 • West District: Niihau- 210 Kekaha- 3557 Waimea- 1855 ' Pakala/Makaweli- 294 • Kaumakani- 749 Hanapepe- 2638 Eleele- 2390 Kalaheo- 4595 = Sum= 16268 Years and Vote Tally with Difference for Ballot Questions For Charter Amendment for Council Partial-Districting 1982 - 3 District Seats / 4 At-Large Seats 5541 YES / 8662 NO / 3141 Difference 1996 - 5 District Seats / 2 At- Large Seats 8456 YES / 9589 NO / 1133 Difference 2006 - 3 District Seats / 4 At-Large Seats 9396 YES / 9557 NO / 161 Difference Analysis : Trend shows voters have become less satisfied with current At- Large Only system and have been steadily moving towards approving the concept of a Part-District/Part-At-Large Council makeup. {1990 Ballot Question with Dual Choices of 3D/4AL or 5D/2AL not included in this information. The "Yes" vote numbers show both proposals being simultaneously approved, however the number of "blank" votes outweighed both "Yes" and "No" votes; this discrepancy and voter confusion with the ballot question caused both the amendment and ballot question to eventually be rendered invalid by the Ninth Circuit Court} (Dates and vote count information gathered from the County of Kaua'i website)