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HomeMy WebLinkAbout2013_0826_AgendaPacket Jan TenBruggencate Members: Chair Mary Lou Barela Joel Guy James Nishida, Jr. Ed Justus Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, August 26, 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 July 22, 2013 BUSINESS CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to Articles XVI through XX of the Charter. (On-going) CRC 2013- 11 . Update from the County Attorney on how the Charter Review Commission can handle the invalidation of Charter Section 3 . 19, and whether the block of text can be removed from the Charter as part of the non-substantive changes or if the - Section should be moved to the end of the Charter (On-going) CRC 2013- 12 Overview of the findings and recommendations of the Special Committee on County Districting to the Charter Review Commission, pursuant to HRS §92- 2.5, for discussion and possible decision-making by the Commission as a whole at its September 23 , 2013 , meeting. ANNOUNCEMENTS Next Meeting: Monday, September 23 , 2013 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1St, 2013 . This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo. • ADJOURNMENT An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §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 Lihu` 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 — August 26, 2013 2 I P a g e Mr u Riu ijoitot COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: I CHARTER REVIEW COMMISSION Meeting Date I July 22, 2013 Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:02 p.m. I End of Meeting: 5 :08 p.m. Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members: James Nishida; Patrick Stack Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law Excused Member: Joel Guy Absent Members: Mary Lou Barela; Carol Suzawa SUBJECT DISCUSSION ACTION Call To Order Chair TenBruggencate called the meeting to order at 4:02 p.m. with 4 Commissioners present. With no changes or amendments to the agenda, the agenda stood approved as circulated. It was also noted that there were no members of the public present. Approval of Open Session Minutes of May 20, 2013 Mr. Justus moved to approve the minutes as Minutes circulated. Mr. Stack seconded the motion. Motion carried 4:0 Business CRC 2013 -03 Recommendations from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to Articles XI through XV of the Charter. (On-going) ,OQS0 Mr. Shiramizu thought the proposed changes for this section were pretty straight forward except for § 14.04, Planning Department, which can be etdiscussed when they get to that section. Mr. Stack asked if they needed to define, discuss, or delineate what It "necessary staff' is in Section 11 .01 . Attorney Winn said that was beyond elek _ non-substantive corrections or revisions and not part of the agenda item. Charter Review Commission Open Session July 22, 2013 Page 2 SUBJECT DISCUSSION ACTION Mr. Shiramizu explained that Section 11 .07 corrected a typographical error in the codified version; in the official version it is correct. Mr. Justus asked if it was prudent to change sections that are written numerically to spell it out such as the chapters of the Hawai'i Revised Statutes (H.R.S .) or in a previous section where it spells out "ninety days" (§ 11 .03 C), as opposed to using a numerical value. Mr. Shiramizu said he has never seen references to H.R. S. chapters spelled out, it has always been numerical. Section 13 .03 C: Insert "of' between the words dispose and garbage to read Collect and dispose of garbage and refuse. Mr. Justus also questioned the last sentence of Section 12.04 in which "section" was in lowercase but noted that elsewhere in the Charter it is capitalized. Chair TenBruggencate asked Mr. Shiramizu to make note of issues in which sections of the charter are referenced, figure out what the standard is, and apply that same standard throughout. Mr. Shiramizu read notes from the CRC' s May meeting on capitalization which says keep the lower case as in the official charter version unless it has to be capitalized. Chair TenBruggencate asked Mr. Shiramizu to also report back on what the standard is with regard to whether "section" is capitalized or not, and if it is to please capitalize Section12.04 as pointed out by Mr. Justus. Mr. Justus noted the same should apply to the word "article". Charter Review Commission Open Session July 22, 2013 Page 3 SUBJECT DISCUSSION ACTION Mr. Justus said in the section for the Police Chief it refers to an amount of • time such as "ninety days" but it does not reflect a numerical value as it does in other parts of the Charter. He suggested any time a numerical value is spelled out it should also be identified in numerical form. He also pointed out under the requirements for the Police Chief it states he will have a minimum of five years which is spelled out but it does not show the numerical value with it. Mr. Stack said the only time he has seen what Mr. Justus is suggesting consistently is in its relation to dollars, and so his initial thought is it usually applies to monetary issues and not non-monetary issues. Mr. Justus said there are many instances in the Charter that use both formats. Chair TenBruggencate said there is also the question of what impact that has on readability. Section 14.02 has several numbers in it and it will impact the readability if they start adding parentheses and numbers when it refers to seven members, two members, two members, etc. For numbers under ten it is not necessary, and he does not know why it is done for ninety or two- thirds. Chair TenBruggencate said his sense was that it does have the potential to make the Charter a lot more technical than it needs to be, and more difficult to read. Chair TenBruggencate suggested looking at each instance as it comes up. Mr. Shiramizu pointed out there is a difference between the official version and the codified version in Section 14.04. In the codified version there is a comma after the word engineering, but in the official version instead of a comma there was the word "or", which is an error in the transcription. ' The qualifications should read: a college degree in planning, engineering or architecture, or shall have . . . . . . The Commission members agreed it should be stated as in the original Charter. Charter Review Commission Open Session July 22, 2013 Page 4 SUBJECT DISCUSSION ACTION Mr. Shiramizu also pointed out that the official version had the word either before planning, engineering or architecture. Chair TenBruggencate said it is appropriate to drop the either because they are not looking between two, they are talking three. The Commission agreed to drop either. Section 14. 10 the header should be plural, i.e., Zoning Ordinances. CRC 2013 - 10 Discuss how to initiate community discussion on proposed charter changes that are necessary or desired (Deferred 5/20/13) Chair TenBruggencate asked that this item be deferred for 3 me etings (November, 2013) CRC 2013- 11 Briefing from the County Attorney on the status of Kauai County Charter Section 3 . 19, after order in Kaua'i Beach Villas — Phase IL LLC. V. County of Kauai Chair TenBruggencate explained that as keepers of the Charter they need to know what is going on so he asked Attorney Winn to give them a sense of what the Court ruling on Section 3 . 19 means. Attorney Winn stated there was a Federal District Court ruling in the case of Kaua'i Beach Villas vs. County of Kaua'i regarding the TAU (Transient Accommodation Unit), Section 3 . 19 of the Charter. Based on the Judge's ruling, which came down on June 28, Section 3 . 19 in the Charter is now void. The reason for that is one of the development companies sued the County with 3 counts; one was a substantive due process argument which the Court in this decision didn't reach. They also said that the County basically overstepped its authority by doing this, which will be explained since this is the crux of the matter. The third thing is the plaintiffs in the case said this violated a Charter section that required an objective summary on the ballot. C Charter Review Commission Open Session July 22, 2013 Page 5 SUBJECT DISCUSSION ACTION This particular Charter section was by a citizen' s group called Coalition for Responsible Government, and it was a voter initiated amendment. The Court said that Hawai'i Revised Statutes (H.R. S.) §46-4, which is the zoning enabling act, pre-empted our Charter meaning that it was inconsistent so the H.R. S. takes precedent. The County can only do what the State Legislature has given the authority to do. There is specific statute that says we can develop our own Charter, however it specifically says that in cases of State- wide interest, State statutes will pre-empt County. For the most part Kaua'i has home rule which has to do with structure, government officials, and that type of thing. In those situations our Charter would pre-empt if it was different than a State statute. The Court went on to say that §46-4 was specific in that it gave the Councils the ability to enact zoning ordinances. The Court said that the County overstepped its authority through a voter initiative to the amendment, and if there is going to be any zoning issues it needs to be by ordinance. Chair TenBruggencate added that the amendment, in essence, limits the number of new visitor units that can be developed on the Island and that is considered to be a form of zoning. This amendment was put into effect through a charter amendment, which is not a traditional way to do zoning. Chair TenBruggencate said his understanding of the theory in Hawai'i is that zoning is a legislative act that requires the bodies that are involved to go through a process, and you do not just put it to the voters. Chair TenBruggencate said he understood the Judge' s ruling to basically say in this State you cannot do zoning through a charter amendment. ett Mr. Justus said if this stipulation was in the CZO (Comprehensive Zoning Ordinance) that would be different. Charter Review Commission Open Session July 22, 2013 Page 6 SUBJECT DISCUSSION ACTION Attorney Winn said it was two-fold. It was not saying that only if there is a voter initiated petition by ordinance they are not saying that is okay; they are saying the Council has to legislate it by ordinance. Mr. Nishida said the Council did do a follow up ordinance. Attorney Winn said they did do a follow up ordinance; the Court said that the ordinance was so entwined with the charter amendment that (inaudible - overtalking). Asked if the ruling would be appealed, Attorney Winn did not know. The ruling was filed on June 28, and the County would have to appeal within 30 days or by July 28 ; but that is a decision for the Council. Mr. Stack asked if it were to be appealed would that change Section 3 . 19 in the Charter. Attorney Winn said no. It is the same situation as with the Police where one Judge said the Mayor has the power to discipline, and that is what the law is unless another Judge overturns that ruling. Attorney Winn further explained that not only did the Court look at the Statutes where the State Legislature has given the Counties the ability to develop their own zoning they also looked at a case file, which was almost directly on point, and determined it had to be through the Council. The Kaua'i Beach Villas' motion was for a summary judgment, and the Court said no one brought up count 1 , which was the substantive due process. The Count decided that count 2 was clear and count 2 will take care of this in that if the petitioners or plaintiffs are correct the charter amendment goes away. It also talked about count 3 . The plaintiffs had said Charter Review Commission Open Session July 22, 2013 Page 7 SUBJECT DISCUSSION ACTION the County violated the Charter by not having an objective summary on the ballot regarding what the ballot question was about. Asked what was meant by an objective summary, Attorney Winn said they did not exactly say and they did not address whether or not there was an objective summary either. What they said was the section of the Charter that plaintiffs were citing from only had to do with ordinances given to the voters; not charter amendments given to the voters. The Charter requires that if there is a voter initiated petition or referendum it requires an objective summary for that. There is nothing in the Charter that requires an objective summary for charter amendments. That is all the court looked at; it did not decide whether or not the information that went to the voters on this particular case was okay. . Chair TenBruggencate said that the objective summary refers to the leaflet that sometimes is created to explain the "for" and "against" of the issues. Attorney Winn said there is nothing in the State regulations that require pros and cons. The charter does require it for initiative referendums. Attorney Winn further explained that this is the second voter initiative in the last few years that a court has said it can't be done, and there could be many reasons for that. This Commission has mentioned in the past that fewer signatures are needed for a charter amendment than an ordinance which goes before the Council. Attorney Winn said that may be the reason why these amendments are being done through the Charter versus an ordinance. The other issue is that one section of the Charter requires an objective summary. Chair TenBruggencate said with regard to the physical presence of this section in the printed Charter, as part of cleaning up the non-substantive issues, can this text just be removed from the document or does it need to be left in with a note saying it has be invalidated. • Charter Review Commission Open Session July 22, 2013 Page 8 SUBJECT DISCUSSION • ACTION Attorney Winn said personally she thought it needed to be left in. Staff asked if it would be left in place or moved to the end of the Charter like was done for the `Ohana real property taxation. Mr. Stack thought by leaving it in place it was saying it was being held in abeyance for some reason. Attorney Winn said she would check the legalities of how to handle this section since Chair TenBruggencate thought if it was not legal it should be taken out. If there is an appeal, the decision can take years. Mr. Nishida stated that in the instance where the County would utilize the implementing ordinance, they can no longer do that. Attorney Winn said that ordinance is gone also. Mr. Justus said he had been told there was no legal review done by an internal part of the County on the `Ohana tax amendment before it went to the ballot and asked if the County did a legal review for Section 3 . 19. Attorney Winn did not know. Attorney Winn thought there was a section that permits the County Attorney to look at it but does not require them to do so. Mr. Justus thought maybe it should be made a requirement since two voter proposed amendments have been defeated for legal reasons. Attorney Winn said it goes to attorney-client issues and the County Attorney is the attorney for the County; she was not sure how this worked with voter proposed amendments. C, fl, Charter Review Commission Open Session July 22, 2013 Page 9 SUBJECT DISCUSSION ACTION Mr. Nishida said it' s up to the people who put it together to review the whole thing. The County told the group who put together the tax amendment that it was up to the County to do the taxes, but the group wanted to go ahead with the proposal. Mr. Nishida was sure there was a legal review. Chair TenBruggencate said in the case of §3 . 19 the County Attorney' s Office looked at it, and the Chair understood they chose not to try to invalidate it in advance of the voter' s decision. Just as a matter of policy, the County Clerk' s Office always runs these proposals by the Attorneys. Attorney Winn said hypothetically if there is a legal review and the County Attorney' s Office says this is not legal, then what? If you have enough signatures the amendment will go on the ballot. Chair TenBruggencate said the Attorney' s Office can invalidate a proposed amendment and tell them to not put it on the ballot, and they will sue and there will be a court case. Or it can go to the voters, and if it loses that is fine, but if it wins it will be appealed because in this State you cannot do zoning by initiative. Either case you wind up in court, but if it goes on the ballot the County' s risk is less because there is a chance the voters will not pass it. The Chair felt there was a legal review in every situation, but the legal review may not solve the problem. Mr. Nishida thought the Council tried its best to straighten this out by passing the ordinance. Chair TenBruggencate said whether or not this section is invalidated it sent a message about what the voters of this island think about visitor industry Charter Review Commission Open Session July 22, 2013 Page 10 SUBJECT DISCUSSION ACTION growth. In that way it was successful. Mr. Justus thought maybe the people were not being given the right venue to actually get the changes they are wanting. Chair TenBruggencate recapped that Attorney Winn will check into what will happen going forward with the blocks of text in the Charter for Section 3 . 19, and whether they can be removed a part of the non-substantive changes or if they get moved to a different place. Mr. Justus suggested instead of moving invalid sections around it should be kept in the same section with a notation at the end of the section that it was invalidated by the court. Chair TenBruggencate said he personally would rather have the section out so what is in the Charter is in force. Mr. Stack agreed saying that by leaving it in the Charter it gives it some special status. If it is no longer part of the Charter because it was invalidated, why should it be put in some type of historical reference; it gives it a different status which it does not deserve. In discussion of the official version of the Charter, Attorney Winn stated that the official version comes from the County Clerk. Attorney Winn further explained that the official version that the County Clerk has is the original charter with each election's official amendments attached, and it would be that office's responsibility to issue a new codified version of the Charter. Chair TenBruggencate asked why the Commission could not give the voters C Charter Review Commission Open Session July 22, 2013 Page 11 SUBJECT DISCUSSION ACTION a clean copy of the Charter with all the changes that were made. Attorney Winn said that was not their roll. Staff reminded the Commissioners that the changes have to be provided to the public in Ramseyer format. Attorney Winn said the voters can be given the documents that show all the changes that a particular question encompasses, but the only person who can do the official version of the Charter is the County Clerk. Chair TenBruggencate said the voters are the ones who establish what the Charter is, and cannot the question be phrased in such a way to create a clean copy of the Charter for the County Clerk, a new starting place. Attorney Winn said it could be a starting place, but until the County Clerk said it is the codified version it is not a codified version. It can be a clean version, but that is what the unofficial codified version is supposed to be. Chair TenBruggencate said as the Commission has seen, the Clerk' s Office makes grammatical errors that change the original Charter so he is suggesting that the Commission give the voters the opportunity to say 2014 is the new starting place. Attorney Winn said she did not disagree, but it still is the County Clerk who will say what the official version is. Announcements Next Meeting: August 26, 2013 , 4:00 p.m. ; Meeting Room 2 A/B • - Adjournment Mr. Justus moved to adjourn the meeting at 5 :08 p.m. Mr. Stack seconded the motion. Motion carried 4:0 y 3 411 ak ..• • Charter Review Commission • Open Session • • July 22, 2013 Page 12 • Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Jan TenBruggencate, Chair O Approved as is. • O Approved with amendments. See minutes of meeting. • • • • • • • • • • • • • 1 • • • • 0 - • • — — . - . - - - -- .-- -- _. _. . - - ARTICLE XVI . . . . LIQUOR CONTROL COMMISSION . 0 Section 16 . 01 . Organization . There shall be a department of liquor control consisting of the liquor control commission , a director . and the necessary staff . (Amended 1980 ) Section 16 . 02 . Liquor Control Commission . The liquor control commission shall consist of seven members . (Amended 2006 ) Section 16 . 03 . Disqualifications of Liquor Control Commissioners . A . . . No person shall be a member or the liquor control commission who . is or becomes engaged, or is directly or indirectly interested in _ , any business for the manufacture or sale of liquor whd advocates or is or becomes, a member of , or is identified or connected with , any organization or association which advocates prohibition ; who is an elected officer of the State or county government or who I becomes a candidate _ for election to any--public office _-during the _,-.--•{ deleted: presents himself as - 32 - ( 11 / 12 ) , . • . : -• • ' • • term of ,such person ' s appointment hereunder . This provision shall -._.--{ Deleted: his i be enforced by the mayor by the removal of the disqualified member . whenever such disqualifications shall appear . Section 16 . 04 . Powers and Duties of Commission . The liquor control commission shall : . A . Adopt rules and regulations having the force and effect of law for the administration of liquor control in the county and to enforce the liquor control laws . • B . Grant , refuse , suspend and revoke any licenses for the . 0 . I manufacture , importation, and sale of liquors . C . Investigate violations of liquor control laws through its inspectors , hear - and determine all complaints and citations ; I regarding violations of liquor control laws , and impose such fines or penalties as may be provided by law upon conviction thereof . Appeal from the decision of the commission may be made as provided . • I for in the Hawai ' j, Administrative Procedure Act . (Amended 1980 ) .---{ Deleted: Hawaii )' Section 16 . 05 Director . The director shall be appointed and may be • . removed by the liquor control commission . The, director shall have • had a minimum of five years of business experience , at least three of which shall have been in a responsible administrative capacity . ,The director shall be the head of the department and shall be •{ Deleted: xe L responsible for the management , supervision and control of all subordinate members of the department ' s staff . (Amended 1980 ) ARTICLE XVII . DEPARTMENT OF WATER 0 Section 17 . 01 Organization . There shall be a department of water supply consisting of a board of water supply, manager and chief . I engineer , and the necessary staff. Section 17 . 02 Board of Water Supply Organization . The board of . I water supply shall consist of seven members , four of whom shall be appointed by the mayor with the approval of the council . The State ' district engineer of the department of transportation , the county engineer , and the planning director shall be ex-officio voting • • • • , members of the board . The ex-officio members shall not serve as chair or vice-chair of the board . The board shall hold at least • one regular meeting each month . It shall adopt rules and regulations necessary for the conduct of its business . ( Amended • 1980 , 1996 ) • - . 33 - ( 11 / 12 ) Section 17 . 03 Powers and Duties of the Board . The board shall manage , controls and operate the waterworks of the county and all - property thereof for the purpose of supplying water to the public , I and shall collect , receive , expend, and account for all sums of money derived from the operation thereof and all other moneys and property provided for the use or benefit of such waterworks . A . The board shall maintain accounts to show its complete I financial status , and the activities of management and operation including current projects . It shall submit a written report quarterly to the mayor and council on its financial status and operations . (Amended 1980 ) 0 B . Review the State ' s and County ' s general plans with the .- Comment [I31]: original chartek this board ' s general plan for water sources and system . The board shall is capitalized; inconsistent with rest of charter . transmit such review and plans through the mayor to the council . • The board ' s general plan for water sources and system shall implement the ICounty ' 4 general plan . (Amended 1980 ) , .- --( Comment [132]: same as comment 31 C . The board may provide for a reserve fund, issue revenue bonds , provide for payment of bonds , expend bond funds and other funds , establish rates and charges , acquire property , sue and be sued , and engage in and undertake all other activities as provided for in Chapter 145 -A, Revised Laws of Jlawai ' i 19551, and as may be ___..-- Comment [CHS33]: Replace with hereafter provided for by law . sections 11 to 34 of chapter 54 of the Hawaii Revised Statutes , as amended? I D . The board may make and, from time to time , alter , amends Deleted: Hawaii and repeal' rules and regulations relating to the management , I control , operation , preservations and protection of the waterworks . Such rules and regulations shall have the force and effect of law . Penalties for the violation of any rule or 0 regulation shall be set forth in the rules and regulations . • Section 17 . 04 . Staff . The board shall appoint an engineer duly registered under jiawai ' i State laws pertaining to registration of Deleted: Hawaii engineer; who shall be known as the manager and chief engineer, Ddb; . He and shall be the head of the department . . `The manager and chief _...... Del : He engineer shall have had a minimum of five years of training and . experience in an engineering position , at least three years of which shall have been in a responsible administrative capacity •...-•{ Deleted: . He 1 and shall have the powers and duties prescribed by the board . (Amended 1980 ) ARTICLE XVIII CIVIL DEFENSE AGENCY Section 18 . 01 . Civil Defense Agency . There shall be a civil - 34 - ( 11 / 12 ) defense agency whose powers , duties , functions and organization shall be as provided by law . Section 18 . 02 . Mayor to Declare State of Emergency . The power to declare a state of disaster or emergency is conferred on the mayor . The mayor may declare an emergency when the peace , life , property, health , or safety of the community are endangered, but the failure or refusal to make such declaration shall not preclude { Deleted: t,is the county council from finding that an emergency exists providing that the county council adopt an emergency ordinance in accordance ' . with the charter . (Amended 1984 ) 0 Section 18 . 03 . Civil Defense Contingency Fund . The council shall provide in the annual budget a civil defense contingency fund of not less than 1$ 50 , 004 to be expended by the mayor for public , -,.-•- Comment [CH534]: eor sums of money, purposes during any ' state of emergency or disaster . A report omit decimals and zeros from even dollar amounts per Hawaii containing a complete accounting of all such expenditures shall be it, Legislative Drafting Manual, 10`^ made as soon as practicable to the council . (Amended 1984 ) . Ed . ( 2012 ) Deleted: . 0 0 ARTICLE XIX FINANCIAL PROCEDURES Section 19 . 01 . Fiscal Year . The fiscal year shall begin on the I ,July 1 and end on the June 30 of the succeeding year . (Amended , Debetad: first day of July 1992 ) . Deleted: thirtieth day of June Section 19 . 02 . The Proposed Annual Budget Ordinance . A . The proposed annual budget ordinance , consisting of the operating and capital budgets for the ensuing fiscal year , shall be prepared by the director of finance and submitted by the mayor to the council , together with a budget message and any proposed , 0 I revenue measure , on or before March 15 of each year . If March 15 _ Deleted: the fifteenth day of March r'_ falls on a Saturday, Sunday, or legal holiday , the proposed annual Deletem; the budget ordinance shall be submitted on the prior working day , Del ; fifteenth day of March On or before May 88 of each year , the mayor may submit one y _.--•{Deleted: eighth I communication to the council , which suggests modifications to the proposed annual budget ordinance . The communication shall describe I the mayor ' s suggested modifications to the proposed annual budget , and the reasoning justifying such modifications . (Amended 1980 , 1992 ) B . On or before the date specified by the mayor , the head of each county department , office, or agency shall furnish the mayor with estimates for the ensuing fiscal year covering the revenues I and expenditures of the department , officeL or agency, together - 35 - ( 11 / 12 ) . with such other information as the mayor may request . Section 19 . 03 . The proposed and adopted annual budget ordinance . . shall be a balanced budgets; the total expenditures and ...•-{ D&eted: , appropriations shall not exceed the estimated revenues and other resources . (Amended 1992 ) Section 19 . 04 . The operating budget shall include salaries , I materials , and supplies , including equipment and fixtures , . necessary for the upkeep , maintenance and operation of the I departmental or agency functions , and other expenses incident to the operational requirements of the department or agency . . Section 19 . 05 . A . The capital budget shall reflect and fund the capital program to be undertaken during the ensuing fiscal year from current revenues ; provided, however , that any project or projects to be financed by bond fund proceeds to be undertaken during the . fiscal year shall be included and reflected as part of the capital program . B . Amendments to the capital budget shall constitute and be effective to amend the capital program . (Amended 1992 ) Section 19 . 06 . Budget Message . The mayor ' s budget message shall I explain the budget in fiscal terms , and in terms of work to be . done . It shall outline the proposed financial policies of the I county for the ensuing fiscal year , and describe the most , important features of the budget plan . It shall indicate any major ' . changes in financial policies and in expenditures , appropriations ' 1 Cand revenues as compared with the • fiscal year currently ending, : ' ["► ) and shall set forth the reasons for the changes . Section 19 . 07 . Consideration and Adoption by Council . . A . Upon receipt of the proposed annual budget , the ,council _ --•-{ Deieted: councn. � . shall immediately publish a notice in a newspaper of general circulation in the county, setting forth ( 1 ) a summary of the . estimated revenues , including any new sources of revenues , and expenditures ; ( 2 ) that copies of the budget are available at the I office of the county clerk ; ( 3 ) the date , time , and place at which the council will commence its public hearings upon the proposed budget , which shall not be less than ten days after the date of ' . the publication of such notice . Upon receipt of the mayor ' s communication which suggests • • - 36 - ( 11 / 12 ) , modifications to the proposed annual budget ordinance , the council shall hold a public hearing on the mayor ' s communication suggesting modifications to the proposed annual budget ordinance . The public hearing shall comply with the provisions of ,chapter 92 , Deleted: Chapter #]awai ' i Revised Statutes , as amended . After the public hearing -_....{ Deleted: Hawaii and before final reading of the proposed annual budget ordinance , the council shall approve , deny , or receive the suggested modifications in the mayor ' s communication . Upon the conclusion of the hearings , the council may reduce any item or items in the mayor ' s proposed budget by a majority I vote , and may increase any item or items therein or add new items Othereto by an affirmative vote of two-thirds of the entire membership . The council shall pass on final reading the annual r budget ordinance on or before June 7 of the fiscal year currently ,_ { Ddeted: the 1 . ending . If final reading is not taken on or prior to such day, the Deleted: seventh day of June J{ annual budget ordinance as submitted by the mayor on or before March 15 shall be deemed to have been enacted as the budget for • the ensuing fiscal year . B . Amendments to the adopted annual budget ordinance may be submitted by the mayor , unless otherwise provided , and considered I by the council under the same procedures prescribed in isectioi .-..- Commentp35]: should be capitalized 19 . 07A for the enactment of the operating budget ordinance , but no as is specific to a section/bd amendment shall increase the aggregate of authorized expenditures . Deleted: Section to any amount greater than the estimate of revenues for the fiscal year . (Amended 1992 ) • Section 19 . 08 . Administration and Enforcement of the Annual Budget Ordinance . 0 A . The enactment of the annual budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated . Such appropriation shall be considered valid only for the fiscal year for which made , and any part of such appropriation which is not encumbered or expended shall lapse at the end of the fiscal year , except that appropriations to the fund established by paragraph C of section 19 . 15 shall not lapse , but shall remain in the fund, accumulating from year-to-year . Agencies authorized to make ' expenditures under the annual budget ordinance may proceed without other authority from the council to incur obligations or make expenditures for proper purposes to the extent that the moneys are available and as allotted . B . Immediately following the enactment of the annual budget ordinance , the heads of all agencies shall submit to the director - 37 - ( 11 / 12. ) r of finance schedules showing the expenditures anticipated for each quarter of the fiscal year . C . The approval of an expenditure schedule by the mayor shall constitute a budgetary allotment which shall , unless a revision thereof is approved by the mayor , be binding upon such agencies and the director of finance shall approve or issue no requisition , , purchase order , voucher or warrant that is not in accordance with such allotment . D . The allotment herein provided may be altered at any time . by the mayor . The mayor shall direct appropriate revisions in 0 allotments to keep expenditures within the revenues received or anticipated . E . Any part of an allotment which is not expended or . encumbered shall be deemed ire-allotted for the next allotment -- Comment [CHS36]: Official version period . has a hyphen. Comment [137]: My version shows no hyphen in original or amendments/bd F . The mayor may at any time transfer an unencumbered appropriation balance or portion thereof within a division or • between divisions in the same department . Transfers between departments , boards , or commissions shall _be made only by the . council by ordinance adopted pursuant to J8ectio?l 19 . 07B , upon the Comment [138]: Should be capitalized recommendations of the mayor . .(Amended 1992 , 1996 , 2002 ) " 'mecum Section • Section 19 . 09 . Capital Program and Capital Budget . 1 A . The capital program shall include : ( 1 ) Permanent public improvements , including planning, 0 I engineering , and administrative costs , but not the repair or maintenance thereof . ( 2 ) The acquisition of land or any interest therein for any permanent public improvements . ; I ( 3 ) The furnishings , fixtures , and appurtenances of any permanent improvement when first constructed or acquired . B . The planning commission shall prepare the capital program I for each of the ensuing five fiscal years , predicated upon the • requests of the several agenciesL and based upon the finance director ' s statement of moneys likely to be available and the I amount of bonds , which the mayor believes would be proper for the . county to issue . - 38 - ( 11 / 12 ) C . The capital program shall be appended to the capital budget , and shall be submitted to the council for its approval . The council may adopt the capital program pursuant to ,section _ .- •-fDeleted: section 19 . 07A with or without amendments . D . Bond fund proceeds shall be appropriated and expended in accordance with law . (Amended 1992 ) - Section 19 . 10 . Appropriations and Changes . . A . If , during any fiscal year , the mayor or council certifies that there are available for appropriations ( 1 ) revenues received 0 from sources not anticipated in the adopted annual budget for that year or ( 2 ) revenues received from anticipated sources but in excess of the budget estimates therefor , the council may introduce and make supplemental appropriations for that year up to the amount of the additional revenues so certified . Such appropriations shall be made by ordinance adopted pursuant to I ,section 19 . 07B . (Amended 1992 ) ..--{ Deleted: Section I B . To meet a public emergency affecting life , health, or property, the council , upon written request by the mayor , may make emergency appropriations . Nothing in this section shall preclude the council from introducing and adopting an emergency . I . appropriation ordinance pursuant to section 18 . 02 . Su ch ...---{ Deleted: section • j appropriations shall be made by ordinance adopted pursuant to „section 4 . 02K except that such ordinance shall be approved by a -- Deleted: section majority of all ,councilmembers present . ( Amended 1992 ) .....• •j Deleted: council members C . Any unappropriated surplus or unencumbered balances certified by the mayor as available for appropriation under O section 19 . 14 may be appropriated by amendment to the annual budget ordinance . Such amendments may be introduced by the mayor or the council . (Amended 1992 ) Section 19 . 11 . Appropriations : Reduction and Transfer A . If , at any time during the fiscal year , it appears probable to the mayor that the revenues available will be I insufficient to meet the amount appropriated, ,the mayor shall -{ Deleted: he report to the county council without delay indicating the amount • of the deficit , any remedial- action taken by ,the mayor, and „-- Mils : him recommendations as to any further action to be taken . The council .. Deli; his shall then take such further action as it deems necessary to prevent or minimize any deficit . For that purpose , it may , by . I ordinance adopted pursuant to ,section 19 . 07B , reduce one or more ....--{ Ddeted: section ). appropriations ; but no appropriation for debt service may be - 39 - ( 11 / 12 ) reduced, and no appropriation may be reduced by more than the amount of the unencumbered balance thereof or below any amount required by law to be appropriated . ( Amended 1992 ) Section 19 . 12 . Lapse of Appropriations . Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered, except appropriations to the fund I established by paragraph C of section 19 . 15 , and appropriations for capital budget items where any portion of said appropriation has -been expended . (Amended 2002 ) Section 19 . 13 . Payments and Obligations . A . With the exception of debt service charges , no payment - shall be authorized or made and no obligation incurred against the county, except in accordance with appropriations duly made and under such procedures and policies as may be established by ordinance . Every obligation incurred and every authorization of payment in violation of the provisions of this charter shall be void . Every payment made in violation of the provisions of this charter shall be void . Every payment made in violation of the provisions of this charter shall be illegal , and all county officers who knowingly authorize or make such payment or any part thereof , shall be jointly and severally liable to the county for the full amount so paid or received . IIf any county officer or employee knowingly authorizes or makes any payments or incurs any obligation in violation of the provisions of this charter , or in violation of the provisions of the procedures and policies established by ordinance , or takes part therein , _ that action shall_ I be cause for jemoval .[ comment [CHS39]: Rewrite as follows : The action of any county officer or employee who knowingly . CB . Nothing contained in this section or other sections of . . , or takes part therein, shall ��✓J this charter shall be construed to prevent the making or be cause for removal . authorizing of payments , or making of contracts for capital Deleeed: his improvements to be financed wholly or partly by the issuance of bonds , nor shall it prevent the making , when permitted by law , of any contract or any lease providing for the payments of funds at a time beyond the end of the fiscal year in which the contract or lease is made . But any contract , lease or other obligation requiring the payment of funds from appropriations of a later I fiscal year , or of more than one fiscal year , shall be made or approved by ordinance . Section 19 . 14 . Surplus and Reserves . Any unappropriated surplus and any unencumbered balances of any appropriations in any fund at the end of any fiscal year shall be available for appropriation for the succeeding fiscal year . The mayor shall certify to the - 40 - ( 11 / 12 ) council the amount of any unappropriated surplus or unencumbered balances by January 1 following the close of the fiscal year . (Amended 1992 ) ' Section 19 . 15 . Fund Administration . A . Deposit of Funds . Money received by officers and employees shall be deposited promptly to the county ' s account in depositories authorized by law . B . Creation of Funds . In addition to the funds established by this charter , the mayor , with the approval of the council , may - 0 establish other funds when necessary, and when no appropriate class of funds exists . Nothing in this section shall preclude the council from introducing , and adopting other funds by ordinance . C . Public Access , Open Space , Natural Resources Preservation Fund . ( 1 ) In adopting each fiscal year ' s budget and capital program, the council shall appropriate a minimum of one- half of one percent of the certified real property tax revenues to a fund known as the public access , open . space , natural resources preservation fund . The moneys in this fund shall be utilized for purchasing, or otherwise acquiring lands or property entitlements , for land conservation purposes in the county of #taua ' i for ..•-{ Deleted: Kauai the following purposes : public outdoor recreation and education , including access to beaches and mountains ; preservation of historic or culturally important land 0 areas and sites ; protection of significant habitats or ecosystems , including buffer zones ; preserving forests , beaches , coastal areas and agricultural lands ; • . protecting watershed lands to preserve water quality and water supply ; conserving land in order to reduce . erosion , floods , landslides , and runoff ; improving disabled and public access to , and enjoyment of , public land, and open space ; acquiring disabled and public . access to public land, and open space . ( 2 ) The moneys in this fund may also be used for the payment interest , principal , and premium, if any, due with respect to bonds issued pursuant to ✓sections 3 . 13 , , Deleted: sections For 3 . 14 , or 3 . 15 , `Charted , in whole or in part - for the _ matted: Highlight purposes enumerated in paragraph ( 1 ) of this section and for the payment of costs associated with the purchase , - 41 - ( 11 / 12 ) redemption or refunding of such bonds . ( 3 ) At any given time , no more than (five percent j_._- - Colnment [CHS40]: Per HLDM, leave Hof this fund shall be used for administrative expenses . out figures where they are merely repetition of written words . ( 4 ) Any balance remaining in this fund at the end e ` ( s$ ) of any fiscal year shall not lapse , but shall remain in the fund , accumulating from year to year . The moneys in this fund shall not be used for any purpose except those listed in this section . ( 5 ) The Council shall by ordinance establish O procedures for the administration and priorities for the expenditure of moneys in this fund . (Amended 1992 , 2002 ) Section 19 . 16 . Insurance . The director of finance shall procure insurance for the protection of designated properties of the county in such amounts , and under such conditions , as the council shall , by ordinance ; prescribe from companies licensed to do business in the State . The council may also instruct the director of finance to procure insurance coverage for any of the county activities it deems should be covered by insurance . Section 19 . 17 . Surety Bonds . Except as otherwise provided, the . council shall determine which officers and employees shall be I required to furnish surety bonds , and shall determine the kind and amount of each individual or blanket bond . All officers concerned I with the receipt , collection , custodyL or disbursement of public . funds shall be bonded . The director of finance shall procure all such surety bonds from companies licensed to do business in the O State . All such bonds shall be in favor of and the premiums thereon shall be paid by the Icountyl . - Comment [l41]: see Curtis' comment in CHS41 below . Basically this is not consistent with the rest of the Section 19 . 18 . Contracts . charter/bd A . Before execution , all written contracts to which the count is a party shall be approved by the county attorney as to commentp42]: same .as above form and legality . All such contracts shall be signed by the mayor , except that contracts for purchase of materials , supplies , equipment , personal services , and public works contracts shall be signed by the director of finance . Comment [CH543]: Per HLDM, B . Before execution , contracts involving financial capitalize "state" when it refers I obligations of the JCountl4 shall also be a roved b the director to the State of Hawaii and the �p y usage is as a noun or possessive of finance as to the availability of funds in the amounts and for form of the noun ( e . g . , the State' s the purposes set forth therein . financial condition( . Deleted: county - 42 -- ( 11 / 12 ) Section 19 . 19 . Centralized Purchasing . A . The department of finance shall be responsible for the procurement of all goods , services , and construction required by any department , officeL or agency of the county, except the . ,department of water . (Amended 2010 ) { Deleted: Department of Water B . All procurements shall be conducted pursuant to . ,State _ ,... { Deleted: state law . (Amended 2010 ) C . The director of finance shall , from time to time , secure • from all agencies estimates of their needs for articles of common . use and shall , when practicable , consolidate requisitions in order I to secure the benefits of quantity purchases , and to that end cooperate with other public agencies . (Amended 2010 ) D . The director of finance may, by rules , provide for petty . cash funds . (Amended 2010 ) E . All county storerooms ( other than departmental ) shall be supervised and operated by the director of finance . (Amended 2010 ) F . The director of finance shall require such guarantees of performance by vendors as , in ;the director ' s opinion, may be --{ Deleted: us necessary or may be prescribed by ordinance . (Amended 2010 ) Section 19 . 20 . Disposition of Surplus Property . Surplus property means any property that no longer has any ; use to the agency or department that has custody of the item . All departments , offices , or agencies having materials , ' suppliesL or equipment which are not useful to them, shall return custody of the item to the director of finances who shall , from time to time and at least annually , circulate a list of surplus items to the various departments and agencies of the county or other governmental agencies for redistribution and use . If the surplus property is found to be unusable for public purposes , the director of finance shall , after fixing a minimum price for the property , provide for the sale by sealed bid with or without advertising, to the highest bidder for not less than the minimum price established by the director of finance . Advertised auctions shall be published on two non-consecutive days in a daily newspaper of general circulation in the County of Kauai or I the „County' s website , and the proceeds shall be a realization { Formetted: Highlight of the general fund unless required otherwise by statute , - 43 - ( 11 / 12 ) ordinance , rule , grant , or gift . I Surplus property, determined to be of no use to any county agency, may be used for bid purposes , as a trade-in for credit to be applied to the final purchase price of the procurement solicitation . . Surplus property determined to be hazardous , or that may potentially pose a danger to the publicL may be disposed of at the direction of the director of finance . The means by which said items are to be disposed of shall be determined solely by the director of finance or designee , provided such 0 means are legal and appropriate for the specific item . Surplus property having little or no monetary or salvage • value as determined and certified by the director of finance . or designee , and further determined to be impractical to be offered by auction , may be legally disposed of . (Amended 2010 ) . d Section 19 . 21 . Past due Accounts . The finance director shall • . promptly collect all past due accounts . Unless otherwise provided . . . I by law , any account more than ninety ,days past due shall be ._- { Deleted: ( sa ) /referred to the county attorney ' s office for collection . (Amended . 1984 ) ARTICLE XX CODE OF ETHICS Section 20 . 01 . Standards of Conduct . In order to establish a high standard of integrity and morality in government service , a code of ethics is hereby established . Section 20 . 02 . No officer or employee of the ,County shall : _ .--<{ Deleted: county at A . Solicit , accept , or receive , directly or indirectly, any gift , whether in the form of money, service , loan , travel , entertainment , hospitality, thing or promise or in any other form, under circumstances in which it can reasonably be inferred that . . the gift is intended to influence ,the officer or employee in the ,,_.- ••. Deleted: him performance of ,the officer ' s or employee ' s official duties or is p� ; ni9 ..... intended as a reward for any official action on ,the officer ' s or Deleted: nis employee ' s part . B . Disclose information which , by law or practice , is not . available to the public and which ,the officer or employee acquires DMeted: he . in the course of ,the officer ' s or employee ' s official duties or _ ...= peldpd; hie I: . - 44 - ( 11 / 12 ) I use such information for ,the officer ' s or employee ' s personal gain -... .-{ Dusted: hf.a J or for the benefit of anyone . C . Acquire financial interest in business enterprises which ,the officer or employee may be directly involved in official JDeleted: he - action to be taken by ,the officer or employee . Deleted: him --i D . Appear in behalf of private interests before any county I board , commission, or agency . E . Use , the officer ' s or employee ' s official position to „-- Deleted: his secure a special benefit , privileges or exemption for the ,officer De : himself or employee or others . 0 I F . Use ,County property for other than public activity or ._.-{ Deleted: county purpose . Section 20 . 03 . Contracts . - - A . The ,County shall not enter into any contract with an , _.. --{ Deleted: county officer or employee , or with a firm in which an officer or employee , has a substantial interest involving services or property of a value in excess of $ 1 , 00Q unless the contract is ,_._-•.{Deleted: . 00 made after competitive bidding . (Amended 2010 ) B . The ,County shall not enter into a contract with any person --.{ Deleted: county J who , or firm which, is represented or assisted personally in the matter by a person who has been an employee of the agency within . . . the preceding one year , and who participated while in ,count -•{Formatted: Highlight 1, employment with the subject matter of the contract . (Amended 2010) 0 I C . This section shall not apply to personal employment contract . Section 20 . 04 . Disclosure . A . The mayor , councilpersons , all department heads and - I deputies , members of boards and commissions , and the purchasing administrator , and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of I finance in their absence shall , within thirty gays of assuming _.--•{ Deleted: (30) 1' office , file with the board a list of all real property within the I ,county in which ,such person has any right , title or interest , a Formatted: Highlight list of all business firms which contract for county business in Dehomd: he I which . ,such person has any interest , and all their places of 'M including part-time employment , all sources and amounts of income , business ownership , officer and director - 45 - ( 11 / 12 ) . positions , debts , creditor interests in insolvent businesses and the names of persons represented before government agencies . Amendments to the list , including additions , deletionsL or changes in title , interest in property or of employment , shall be made I within thirty ,days of the occurrence of the amendment . The list .-.-tDdeted: (3oo shall be a matter of public record . (Amended 2010 ) B . Any elected official , appointed officer , employee , or any . member of a board or commission who possesses or acquires such . . - . interest as might reasonably tend to create a conflict with ,such _.----{ Dseted: his i; person ' s duties or authority, or who is an owner , officer, executive director or director of an organization , or whose member . . 0 I of ✓such person ' s immediate family, which includes parents , •-{ Ddeted: his siblings , spouse or children , is an owner , officer , executive director or director of an organization in any matter pending I before {such person shall make full disclosure of the conflict of - ... •-{ Ddded: hia 1' interest and shall not participate in said matter . ( Amended 1976 , . 1980 , 2006 , 2008 ) C . Penalties . • ( 1 ) Any violation of any of the provisions of this section shall , at the option of the director of finance , render forfeit . and void the contract , work , business , sale or transaction • affected . ( 2 ) Any violation of any of the provisions of this section I shall constitute cause for fine , suspension , or removal from ' office or employment . p . The council shall , by ordinance , adopt and may , from time 0 tq time , revise and amend such complementary provisions as may be necessary to supplement the code of ethics . I E . The mayor , the council , and the board of ethics shall be responsible for the enforcement of provisions of this article . - Section 20 . 05 . Board of Ethics . There shall be a board of ethics . - i A . The board shall consist of seven members . (Amended 2006 ) B . The board shall annually select a ,chair and a secretary __;-.--{ Ddeted: chairman from among its members , and shall adopt rules necessary for the . conduct of its meetings . . I C . The board shall meet at the call of the ,chair or _ of a _ ;..--{ Deleted: chairman J.; majority of its members . A majority of the membership shall•- 46 - ( 11 / 12 ) . constitute a quorum for the conduct of business , and the affirmative vote of at least a majority shall be necessary to take any action . D . It shall be the function of the board : ( 1 ) To initiate , receive , hearL and investigate complaints of . . violations of the code of ethics and to transmit its findings to I the council as to complaints involving county officers , and to the civil service commission as to employees . It may also , on its own , ' file impeachment proceedings in the circuit court . ( 2 ) To render advisory opinions or interpretations with . respect to application of the code on request . All requests for advisory opinions shall be answered within forty-five =days of its Deleted: filing and failure to submit an advisory opinion within said ._ Dil i4s) I forty-five flays shall be deemed a finding of __ no___breach __ the ., Deleted: code . Opinions rendered or deemed rendered shall be binding on the _ board in any subsequent charges concerning the officer or employee �e ' ( °_ 5j . I of the ;county until said opinion is amended or revoked by the ..--{ Formatted: Highlight board . (Amended 2010 ) ( 3 ) To prescribe a form for the disclosure provided in this I section, and to implement the requirements of the disclosure provisions . . ( 4 ) To examine all disclosure statements filed, and to comment on or advise corrective action to any matters that may indicate a conflict of interest . (Amended 1976 ) ( 5 ) To propose revisions of the code to assure its . ' effectiveness . E . ' In the course of its investigations , the board shall have I the power to administer oaths and subpoena witnesses , . and to compel the .production of books and papers pertinent thereto . F . All hearings on complaints shall be closed to the public . Only findings of violations shall be referred to the council or . the civil service commission . Upon referral to the council or civil service commission , the violations shall be treated as any other similar item of council or civil service commission business . • G . If any officer or employee , or former officer or employee , shall obtain an advisory opinion from the board and shall govern ;• Comment [cHS44]: Per Word grammar hirrl or herself accordingly, or shall act in accordance with the / check Deleted: himself - 47 - ( 11 / 12 ) • : I • • . . • • ,• • • I'. i . • . P • }..• 1 %. . )' ' `: • . - i.T. i ;.. . opinions of the board, such person shall not be held guilty of *...e). { Deleted he violating any of the provisions of the code . s .t "' ` . c, l,,•C Z' i„{r% . 1 '• t�• 77/m<'$'64 �iliY*I. IN l;; lP% . 411< . H . Cooperations . The council and mayor shall cooperate and � ,�? l: ! ,-ii. ri,...•* •• : ,v,�fr 47.. ,,-,,,r "14.X.1341.44 "`1r provide financing and personnel help required by the commission in : �% o,_.' ..i , „ al .,'`,,L •1:;;'�.,o;3i r•; ,„';; ;y.0,:e 4,•- the performance of its duties . r h � 1iLI `5 ° : $,V• I � ' k.,-.1/45:.: :/.1.,1 �{'a, ' y'fil^ Y T • • . , . . • , • • 1 • , 0 . . . . . .l t •• • • •. . . . I - • • . • • I . . . . • . . . 14 . • _ _. -b ■• ■ 48 - ( 11 / 12 ) • , yl • r4 •.• • • F 'riA ,<,rf 44`x•^4' ` .�' „.Ed I 4• St 1 - ., ;+ ,' l 0 2'•• Subcommittee Report CRC-2013-07 (Proposed Amendment for Council Partial-Districting) Dates & Locations of Subcommittee Meetings : Thursday, July the 11th, 12:05pm, County Elections Building, Lihue, HI and Tuesday, August the 13th, 10:30am, Gingbua Thai Restaurant, Lihue, HI [Note: no County monies or funds were spent for these meetings] Attending Commissioners: Mr. Joel Guy, Member Mr. Patrick Stack, Member Mr. Ed Justus, Member (Subcommittee Chair) ( Mr. Ricky Watanabe (guest at first meeting) t Mr. Lyndon Yoshioka {sp?} (guest at first meeting) Reason for Subcommittee : The Commission has for many meetings been discussing proposals for amending Sections 3.02- .04 and creating a Section 3. 19 for the purposes of creating partial districting for the Council . On 4/22/2013, the Commission voted to create a PIG ( Permitted Interaction Group ) Subcommittee to develop language for and to establish a definite arrangement of districts-to-at-large for the proposed charter amendment, and then present to the Commission its decision . Summary of Discussion : At the first meeting, held at the County Elections building, at the recommendation of Barbara Davis from Office of Boards and Commissions, the Subcommittee met with County Clerk Ricky Watanabe and Lyndon Yoshioka from Elections Office to discuss the results, impacts, and processes of a voter approval of a council districting charter amendment, and also to hear any thoughts, concerns, and input their offices may have on the matter. Mr. Yoshioka thanked the subcommittee for allowing their offices to provide input. He stated that since the county council elections are current at large, their office has not been set up to process county council elections with districts. He said that they would participate in the apportionment meetings and public hearings in order for their offices to have the information to work with . He said that their office would provide technical and clerical support to the original apportionment and every-decade reapportionment committees, takes minutes, etc, much like what Office of Boards and Commissions do for Commissions. They would need to take on a vendor for the GIS portion to help with the district lines. The process is all very similar to how the state does their reapportionments, he said . Mr. Guy wanted to know how the state does districting reapportionments. CRC oI5 - /A Mr. Yoshioka explained the process, speaking of an advisory council and how the layers of it are put together, utilizing much the same process he explained earlier. Mr. Justus asked if having council districts that match the existing state districts would make the process easier on their office. Mr. Yoshioka said possibly, but it would depend on how the language in the charter amendment was worded . Mr. Guy asked if fixed districting lines, like Maui, would work better for their office. Mr. Yoshioka said that he didn't know how Maui established it, but the lines don't necessary line up with the state representative lines. Mr. Watanabe stated that a potential drawback of fixed line districts, since they are for at-large, is that a person can be elected in a district without having the majority vote in that district, and cited a recent example of this problem in Maui . Mr. Justus explained the several districting options they were looking at presenting: 3 district/4-at large; 4 district/3 at-large; 5 district/2 at-large, 6 district/1 at-large, 7 districts only, or any combination with districts at large. Asked what thoughts they may have on these proposals. ( Mr. Yoshioka suggested that whatever method chosen, we should do our best to avoid "submerging" (dividing natural towns boundaries in between different districts). Mr. Watanabe said that their office runs a state-wide election system and they are trying to increase mail-in voting. Mr. Yoshioka said that in regards to what number of districts, his sense was that with large or small numbers, the smaller they get, the more challenging it gets trying to keep the population equal . The broader they are may make it easier during reapportionment meetings...well, possibly. He continued to say that the process of establishing the original lines is where the majority of the work takes place. Nonetheless, he said he was confident that their office would be able to handle it competently. Mr. Justus asked which would be easier, partial districting, or just complete districting. Mr. Yoshioka said that it would be a little more work with smaller districts, but is confident that they -ould do it. Mr. Watanabe said that establishing where the voters resided within the districts would be the most important thing. Mr. Justus asked if it were approved, would voters then need to register what district they were in . Mr. Yoshioka said that that they have a database that has all the voter addresses, districts, precincts, etc. Nowadays, there is little to no manual efforts needed to set all the registered voters into their proper districts once the district lines are established . The computer technology makes the process just happen . Mr. Watanabe said that in thinking about the districting proposals mentioned before, he thought that perhaps a disadvantage to larger districts is that they may absorb the smaller communities. He also said that the whole process of adjusting over to districting is certainly doable. It would take additional jobs to do so in the beginning. Mr. Justus asked what kind of cost and work do they anticipate. Mr. Yoshioka said that there would be more paid man-hours during the original apportionment committee. Also it may create more ballot types with more printing costs. Currently the ballots for our county cost approximately $ 100,000 to produce, prorated by population and the state helps out with a portion of it. He said that they were unable to speculate as to what the increase in printing costs would be until they had more information . Mr. Yoshioka asked that our commission please send their office the final proposal so they could review it and prepare if the amendment passes. Mr. Watanabe said that we can address any technical questions or matters to the Elections Office. Both Mr. Watanabe and Mr. Yoshioka thanked the Subcommitee for welcoming their input, and reiterated that whatever plan the commission ends up choosing, they are confident that their office can handle the adjustment. After Mr. Watanabe and Mr. Yoshioka left, Mr. Justus, Mr. Stack, and Mr. Guy discussed what had been learned, and how it related to the various district proposals. They talked of the testimonial given by Mr. Lyons and others, and the pros and cons of each of the proposals. It was felt that 3 districts would be too large and would absorb the smaller communities, as had been pointed out. 4 districts was discussed, but given the population discrepancy of the North district as compared to the rest, and to adjust it appropriately would cause north shore communities to become absorbed with Kapaa in order to be balanced, it was decided to be abandoned . The discussion of 6 districts came to the conclusion that six was too small a number and it t seemed unreasonable to have only one at-large council member. 7 districts was proposed, but Mr. Justus stated that he was not in favor of such an arrangement, regardless of whether it was district or at-large districts, so this was abandoned . The remaining 5 districts with 2 at-large seats was then decided to be the only remaining option that was both small enough to allow each of the distinct regions of the island to have a roughly equalized vote and allowed for enough at-large members to allow them to have an effect on the council, it was felt. It was agreed that the district arrangement would be 5 districts with 2 at large seats. Mr. Justus said he would redraft the language he had from his prior proposals and present them to the subcommittee at their next meeting for their review and approval . The group agreed and closed the meeting. The next meeting, held at Gingbua Restaurant, had Mr. Justus, Mr. Guy, and Mr. Stack present. The three looked over the adjusted language for review. Discussion ensued with ideas of adding a provision for making the two at large members be the only ones to be able to qualify for chair and vice-chair positions, and also for making the council members be required to go out into their communities to meet with the public once a month and bring the community's input back to the council for discussion or action . It was suggested that any additions to the districting proposal should be presented as a separate agenda item, separate ballot question, and with separate language and proposal, as has been done in the past with prior charter amendments proposals that had been on the ballot. It was agreed that only the proposal that was brought for review would be presented . The subcommittee approved the proposed language. Proposal from the Subcommittee : The subcommittee hereby presents to the Commission the following language : County Council- Partial Districting (Five District/Two At-Large) 1. "Section 3.02. Composition. There shall be a council of seven members [elected at-large] . Two members shall be elected at-large by all registered voters in the county. Each of the other five 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 five 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 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 filin . 4 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 — t. Effective 2016, shall five of the seven council members be elected by districts (North, East, Central, South, West) and two 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? Conclusion of Meeting: Subcommittee Chair Justus stated he would write up the report and send it in for the upcoming meeting. Mr. Guy and Mr. Stack agreed . Meeting was adjourned sometime after 11 : 15am . Subcommittee Report Drafted by Commissioner Justus Approved By: Ed Justus, Subcommittee Chair Joel Guy, Member Patrick Stack, Member