HomeMy WebLinkAbout2013_0923_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, September 23 , 2013
4:00 p.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2A/B
4444 Rice Street, 'Mute, HI 96766
CALL TO ORDER
• APPROVAL OF MINUTES
Regular Open Session Minutes of August 26, 2013
BUSINESS
CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and
proposing non-substantive corrections and revisions to Articles XXI through
XXVI of the Charter (On-going)
CRC 2013 - 12 Discussion and possible decision-making on the findings and recommendations
of the Special Committee on County Districting to the Charter Review
Commission, as presented to the Commission at the August 26, 2013 meeting,
pursuant to HRS §92-2.5
a. Rough conceptual layout of geographic areas for Kaua'i County Council with
Five District Seats; Vote tally on prior charter amendments for Council
Partial-Districting; 2006 Vote breakdown from each proposed district
regarding Council districting amendment
b. Proposed Charter amendment for Sections 1 .03, 3 .02, 3 .03 , 3 .04 with regard to
County Council Partial Districting (Five District/Two At-Large)
CRC 2013 - 13 Discuss whether to propose a charter amendment to clarify language as relates to
the term removal in Section 19. 13 A
CRC 2013- 14 Section 32.01 County Auditor as it relates to electing the county auditor instead
of appointment by council.
Section 22.06 Initiative and Referendum as it relates to the creation of a
subsection E requiring legal review.
An Equal Opportunity Employer
Section 7.01 Mayor as it relates to Term of Office and the removal of term
limits.
Section 3 .03 Council as it relates to Term of Office and the removal of term
limits.
Article XXXIII New article creating an Attorney Commission for oversight of
the County Attorney' s Office
ANNOUNCEMENTS
Next Meeting: Monday, October 28, 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
EXECUTIVE SESSION
Pursuant to Hawai`i Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an
executive session on any agenda item without written public notice if the executive session was not
anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be
limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to
the public.
Cc: Deputy County Attorney Jennifer Winn
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior
to the meeting indicating:
1 . Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3 . Whether you will be testifying in person or submitting written comments only; and
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
Charter Review Commission — September 23 , 2013 2 I P a g e
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 — September 23 , 2013 3 I P a g e
�a ' ■
COUNTY OF KAUAI ! _0 111' G ' 1 04411
Minutes of Meeting
OPEN SESSION
Board/Committee: CHARTER REVIEW COMMISSION Meeting Date I August 26, 2013
Location Mo 'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 p.m. I End of Meeting: 5 :31 p.m.
Present Chair Jan TenBruggencate; Vice-Chair Ed Justus (4: 10 p.m.). Members: Mary Lou Barela; Joel Guy; James Nishida; Patrick Stack;
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 4:00 p.m. with 6 Commissioners present
Approval of Regular Open Session Minutes of July 22, 2013 Ms. Barela moved to approve the minutes as
Minutes circulated. Mr. Stack seconded the motion.
Motion carried 6 :0
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)
Section 16.03 : First sentence change "or" to "of' to read: No person shall be
a member of the liquor control commission (Official version is correct; typo
0 appeared in codified version.
00 ill Mr. Shiramizu explained that the changes that appear for these sections
incorporate some changes that were not made in any of the previous sections
relating to how numbers are to be treated. The principles in the Hawai'i
Legislative Drafting Manual put out by the State Legislative Reference
k Bureau, while mainly for State Statutes and documents, can be applied here.
Questions on capitalization are addressed in these sections and the
f
Charter Review Commission
Open Session
August 26, 2013 Page 2
SUBJECT DISCUSSION ACTION
Commission previously decided to keep everything in lower case;. the LRB
uses lower case for section, chapter with the exception of when it refers to a
specific, i.e., capitalize state when it refers to the State of Hawai 'i and the
usage is as a noun or possessive form of the noun (the State 's fiscal
condition); do not capitalize state if it is used as an adjective (state governor,
state archives) or refers generally to other states.
Chair TenBruggencate said he had no problem with using that standard
generally, but suggested if there is anything that raises Mr. Shiramizu's
eyebrows he should bring it to the Commission' s attention.
Section 16.04 B : Insert a comma following suspend and following
importation.
Mr. Shiramizu explained punctuation gets complicated but basically in a
series of three or more items, insert a comma before the conjunction and the
final item. Chair TenBruggencate said that is clearer and prevents
misconception although he may not agree with the grammar.
Mr. Justus entered the meeting at 4: 10 p.m.
Based on the comma rule, Mr. Justus asked if there should be a comma
inserted in Section 17.01 following manager and before and chief engineer.
The response was no because the title is manager and chief engineer.
Section 17.03 B : County 's preceding general plans is correctly capitalized.
Section 17.03 C: Use lower case for chapter 145-A.
•
In discussion on the Revised Laws of Hawai'i, Attorney Winn said with the
Charter Review Commission
"Open Session
August 26, 2013 Page 3
SUBJECT DISCUSSION ACTION
wording as it currently is does not change anything as the words and as may
be hereafter provided for by law covers changes.
Section 18.03 : Delete the decimal and two zeros indicating cents.
Chair Stack asked if they should use the words fifty thousand dollars in
addition to the numerical value of $50,000. Mr. Shiramizu cited from the
Legislative Drafting Manual to leave out figures where they are merely
repetition of written words. The Chair pointed out in this situation it is the
figure but not the written word so it is not a repetition. Mr. Shiramizu said to
spell out numbers generally except if it takes more than four words to spell
out a number, then use the figure (one hundred twenty-two; 1 ,722)
Section 18.03 : Change $50,000 to fifty thousand dollars
Section 19.01 : Delete the before both dates listed.
Section 19.03 : Place a period following budget to read: shall be a balanced
budget. The total expenditures and appropriations . . . . . . .
The Commission again discussed whether to capitalize chapter, section,
article when it is combined with a number. Mr. Shiramizu cited: Use initial
capitals sparingly. Generally, designations of state and county government
officers and agencies are not capitalized. References to divisions of the
Hawai'i Revised Statutes or the Hawai'i State Constitution are not capitalized
(examples were verbally provided).
Chair TenBruggencate said given that do they need to change Chapter on
page 34, 17.03 C, to lower case. Mr. Shiramizu said Chapter 145-A would
be changed to sections 11 to 34 of chapter 54 of the Hawai 'i Revised
•
•
Charter Review Commission
Open Session
August 26, 2013 Page 4
SUBJECT DISCUSSION ACTION
Statutes, as amended and using lower case. The Articles (I through XV)
reviewed previously will need to be revisited for consistency in using lower
case.
Following a discussion of diacritical marks, Mr. Shiramizu said he did not
know if the HRS has an okina in it and questioned whether or not it should
be added. Attorney Winn said that was probably not a legal question;
generally the County wants to use the okina. Chair TenBruggencate stated
that it is also State policy to use it so he suggested the Commission should
also use it.
Section 19.08 E: Mr. Shiramizu pointed out that a hyphen was inserted in
re-allotted in the official amendment (2002).
Section 19.09 B : Insert a comma following agencies in the third sentence and
following bonds in the fifth sentence for clarity.
Section 19. 10 B : Clarification was asked on whether councilmembers was
determined to be one word or two words. Mr. Justus said it did not look
pretty as one word. (Staff to follow up to see if a previous determination has
been made on one word or two words).
•
Section 19. 13 A: Mr. Stack asked if the Commission needed to define the
word "removal". Attorney Winn said that would be a substantive change.
Mr. Shiramizu pointed out that the highlighted section does not read well for
him and his suggestion is noted in the comment section for the
Commission' s consideration. Chair TenBruggencate did not feel this section
needed changing but asked Staff to make this section of the Charter an
agenda item for September.
Charter Review Commission .
Open Session
August 26, 2013 Page 5
SUBJECT DISCUSSION ACTION
Section 19. 15 B : Delete the comma in the third line following the word
necessary and in the last line following the word introducing.
Section 19. 15 C (2): Mr. Justus suggested removing the words The moneys
in so the section starts with the words this fund may since it seems
unnecessary to say it. Mr. Justus asked what the difference is between "the
moneys in this fund" and "this fund". Attorney Winn said that would be a
question for the Director of Finance because there are funds for various
things, and she does not know the various sources where the money comes
from and does not have the knowledge at this point to answer the question.
Mr. Justus said he would withdraw his comment.
Section 19. 15 C (2): Insert of in the second sentence between payment and
interest.
•
Section 19. 15 C (5): Use lower case for the word Council in the first
sentence.
Section 19. 17 : Use lower case for the word county in the last sentence.
Section 19. 16: Need to clarify whether State should be upper or lower case.
Section 19 : 11 : Add a period after the sub-section title: Appropriations:
Reduction and Transfer.
Section 19. 18 A and B : Use lower case for the word county in both sub-
sections.
Section 19. 19 B : Use lower case for state law.
Charter Review Commission
Open Session
August 26, 2013 Page 6
SUBJECT DISCUSSION ACTION
Section 19.20: Use lower case for county in the next to last sentence.
•
Section 19.21 : Delete (90) and spell out the number. Also capitalize due in
the sub-title: Past Due Accounts.
Section 20.02 : Use lower case for the word county. Chair TenBruggencate
pointed out that the trend has been to use lower case for the word "county"
except in the phrase "County of Kaua'i".
Sections 20.02 F, Section 20.03 A and B : Use lower case for the word
county.
Section 20.03 A: Spell out dollar amount as one thousand dollars.
Section 20.04 A: Change councilpersons to "councilmembers". Chair
TenBruggencate said at the end of this exercise, the Commission needs to
discuss whether "councilmember" should be one or two words.
Section 20.05 G: change him or herself to oneself There was discussion on
whether to change govern to "conduct". Since Attorney Winn had a concern
with changing the word, the Commission decided to leave it as govern.
Chair TenBruggencate said that the Commission needs to deal with
councilmember as one word or two words. Staff made note that County of
Maui uses two words, City and County of Honolulu uses one word, and
Hawai'i Island use two words. The majority of the Commission preferred
using two words.
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-
Charter Review Commission
Open Session
August 26, 2013 Page 7
SUBJECT DISCUSSION ACTION
substantive changes or if the Section should be moved to the end of the
Charter (On-going)
Attorney Winn showed the Commission the original Charter with the
amendments attached at the end so they would better understand the official
version. The only person who can make a new official version is the County
Clerk and until the County Clerk changes the official copy it does not matter
how it looks. If after the Commission goes through all the changes and the
voters have voted, it will be added as an amendment at the back. Until the
day and time the County Clerk does redo the Charter, if the Commission
wants to make it cleaner, Attorney Winn believed deleting the provisions of
the sections that have been declared unconstitutional would be a non-
substantive change in that the meaning of the Charter would not be changed
because the Court has determined that section of the Charter does not stand.
Attorney Winn said with the original version of the Charter she merely draws
a line through anything that is not valid. The unofficial version can look like
whatever the person drafting the unofficial version wants it to look like.
Attorney Winn verified that the official time for filing an appeal on Section
3 . 19 has passed so the Judge' s final ruling stands. Attorney Winn said the
same application applies to the ` Ohana Tax amendment.
Chair TenBruggencate thought the Commission should remove those items
that were no longer valid from the Charter as part of the non-substantive
corrections. Mr. Justus moved to remove the two sections
(3 . 19 and the notation at the back of the Codified
version relating to real property taxation) from
the Charter as part of the proposed corrections.
Mr. Stack seconded the motion. Motion carried
7:0
Charter Review Commission
Open Session
August 26, 2013 Page 8
SUBJECT DISCUSSION ACTION
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
Mr. Justus, who chaired the Subcommittee examining the language for a
proposed amendment for Council partial-districting, provided the
Commission with a written report of their discussions. Those discussions
included a meeting with County Clerk Rick Watanabe and Lyndon Yoshioka
from the Elections Office on how their offices would be affected, as well as
what possible financial impact there could be. Basically the Subcommittee
gathered that the County Clerk's/Election' s Offices will be able to handle
whatever decision this Commission makes in presenting to the voters some
form of districting. That Office did not really seem to have an exact opinion
on whether smaller or bigger districts were better since either would present
a different set of problems, but they were confident their Office would have
no problem with whatever format was proposed. The biggest amount of
work would come during the very first district apportionment. After that
there would not be a lot of work until ten years later when there would be a
district reapportionment committee.
At the next Subcommittee meeting we came up with the language that is in
the report proposing Five Districts with Two At-Large seats, which is
probably the biggest change. The rest of the language matches all the other
district proposals that have been presented over the years regarding
qualifications such as creation of a Section 3 . 19 of district election and
reapportionment. The only major difference is changing the proposal from
being Four Districts with Three At-Large to being Five Districts with Two
At-Large.
Charter Review Commission
Open Session
August 26, 2013 Page 9
SUBJECT DISCUSSION ACTION
Mr. Stack said he thought the time for Districting had come. There are
certain parts of the County that are seemingly unrepresented. By employing
the Five Districts, which would be in concert with the most recent Census in
terms of geography and population trends, it gives fair and equal
representation to each one of the five districts, and that has not existed in
quite some time if ever. Allowing two of the vote getters to remain at-large
also seems to be in concert with what has been done for a long time.
Mr. Guy said he has been on the Charter Commission for a number of years
and this has been the most important and exciting thing he has been a part of
to this point. Mr. Guy noted his appreciation of everyone' s help and support.
Attorney Winn reminded the Commission they could not deliberate on this
issue until the next meeting.
Ms. Suzawa asked if there will be guidelines such as considering population
for equal representation because that was not part of the Subcommittee
report. Mr. Justus said according to the one-man/one-vote principle, the five
districts would have to be as equal as possible, separated by population. A
map was not included to show how that would work because that has to be
determined by the District Apportionment Committee. The County Elections
Office would work with the Apportionment Committee and give them all the
relevant information on what type of population is out there and then hire a
GIS person who would be able to graph it out based on the population
numbers. Ms. Suzawa said there will be a lot of questions of where the
districts are before the voters say they like it or not; it is asking the voters to
vote in the blind. Mr. Justus said he would like to be able to present a rough
idea of where those lines would be and will provide a map at the next
meeting to give a rough idea of what it would look like.
Charter Review Commission
Open Session
August 26, 2013 Page 10
SUBJECT DISCUSSION ACTION
Mr. Nishida said the Subcommittee had done good work on the proposal.
Mr. Nishida asked if they could do a public hearing on this for the next
meeting rather than just placing it on the agenda. Staff informed Mr. Nishida
that a public hearing requires a 30-day notice. Chair TenBruggencate
pointed out that the Commission needs to first work on this at the next
meeting. Chair TenBruggencate said this does raise the possibility that a
very popular second place finisher in a district election could have more
votes than either of the at-large candidates and still not be elected to the
County Council. Mr. Justus thought that would be extremely rare. The
Chair said that happens all the time in Maui County. Chair TenBruggencate
said if they run at-large they could win but if they run for the district there is
the potential of losing to a more powerful candidate. Mr. Justus said that
would be correct and that is the risk because a candidate is required to state if
they are running for a district seat. Ms. Suzawa asked if there was only one
candidate in a district and they received only one vote, would they be elected.
The response was yes. Ms. Suzawa asked if the proposal allowed for
someone to vote for all 5 districts. Chair TenBruggencate said he read the
report to be that everyone island-wide could vote for each district. The
Subcommittee members stated that was not the case; people would vote for
their own district but everyone would vote for the at-large candidate(s). Mr.
Justus said the Subcommittee did discuss partial districts at-large and he
would include this in an amended report for the next meeting.
Mr. Stack asked if this was the time to bring this to the public. It was
determined since the Commission cannot act on the information at this time
there was nothing to present to the public. Chair TenBruggencate said public
testimony would always be accepted when the public is present.
Chair TenBruggencate called for a motion to accept the Subcommittee report
with thanks to the three committee members. Ms. Suzawa so moved. Ms. Barela seconded the
•
Charter Review Commission
Open Session
August 26, 2013 Page 11
SUBJECT , DISCUSSION ACTION
motion. Motion carried 7 :0
Next Meeting Monday, September 23 , 2013 — 4:00 p.m., Mo'ikeha Building, Meeting
Room 2 A/B
Adjournment Ms. Barela moved to adjourn the meeting at 5 :31
p.m. Mr. Justus seconded the motion. Motion
carried 7:0
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk Jan TenBruggencate, Chair
( ) Approved as is.
( ) Approved with amendments. See minutes of meeting.
•
•
•
•
•
•
•
ARTICLE XXI
SPECIAL ASSESSMENT IlMPROVEMENTS
Section 21 _ 01 . Improvements • b Special Assessment . The council
shall enact the provisions of DeCttiorila •1:4.6;,�130A q 46 7 h
F70777:41E7MIVIUT771Pligrat as amended , with the exception of . (Comment [CHss1]: Repealed f 1988
Section 146-167 , as a county ordinance . No changes , however , shall State,•legislature _
be made by the council regarding any matter under the control of Deleted: Hawaii
the board of water supply without the prior approval of its board . .
Exemptions from special assessments and reimbursement of costs to
the county shall be as provided by law . •
•
ARTICLE XXII
INITIATIVE AND REFERENDUM . . •
Section 22 . 01 . Power of Initiative and Referendum .
A . The power of voters to propose ordinances ( except as • .
provided in Section 22 . 02 ) shall be the initiative power .
B . The power of the voters to approve or reject ordinances .
that have been passed by the county council ( except as provided in
Section 22 . 02 ) shall be the referendum power . (Amended 1976 ) •
Section 22 . 02 . Limitations to Powers . The initiative power and the
referendum power shall not extend to any part or all of the .
operating budget or capital budget ; any financial matter relating
to public works ; any ordinance authorizing or repealing the levy
of taxes ; any emergency legislation ; any ordinance making or .
repealing any appropriation of money or fixing the salaries of
county employees or officers ; any ordinance authorizing the
appointment of employees ; any ordinance authorizing the issuance
of bonds ; or any matter covered under collective bargaining , . .
contracts . ( Amended 1976 )
Section 22 . 03 . Submission Requirement .
A . Voters seeking to propose an ordinance by initiative shall .
Submit an initiative petition addressed to the council and
containing the full text of the proposed ordinance . The initiative ;
petition shall be filed with the clerk of the council at least
• -
- 48 - ( 11 / 12 )
CRC, a s /3 - 0 8
•
•
ninety-si; hours prior to any regular council committee meeting . - ..--( Ddeted: ( 96)
B . Voters seeking referendum of an ordinance shall submit a
referendum petition addressed to the council , identifying the
particular ordinance and requesting that it be either repealed or
referred to the voters of the county .
C . Each initiative or each referendum petition must be signed . . . . .
by registered voters comprising not less than #20% of the number of , ..--{ Ddeted: twenty percent (20% ) ll
voters registered in the last general election . (Amended 2012 ) J:
D . If an initiative or referendum measure is to be placed on ,
the ballot in a general election , the initiative and referendum
petitions must be submitted not less than one hundred twenty ,
I calendar days prior to the day scheduled for the general election -.-. { esethd: (12o)
in the county . (Amended 1976 ) -
Section 22 . 04 . Committee . For each initiative or each referendum .
petition there shall be a petitioner ' s committee representing all
I the, petitioners , which committee shall be composed of five ,members -.. -{ Deleted: (5) ) ,
who shall be qualified voters of the county and signers of the `
petition . The committee shall be responsible for circulation of -
the petition and for assembling and filing the petition in proper .
form . The committee shall have the power to amend or withdraw the •
petition as provided by this article . ( Amended . 1976 ) .
Section 22 . 05 . Initiative and Referendum Petition : Form and '
Sufficiency .
A . For immediate acceptance of the petition , the clerk of the .
council shall require reasonable compliance with the following : .
( 1 ) The petitions indicate by name and address , the five
Iisigners who constitute the petitioner ' s committee for that { DAeted: {s(
petition . ,
( 2 ) The petitions indicate the address which all notices for _
petitioner ' s committee are to be sent .
( 3 ) The signatures to petitions be filed on papers of uniform
size and style and assembled as one instrument .
( 4 ) Each signature on the petition shall be followed by the
name (printed ) and the place of residence of the person signing .
( 5 ) The petition be signed by the required number of
qualified registered voters of the county .
- 49 - ( 11 / 12 )
•
B . Signatures are invalid and petitions insufficient :
( 1 ) If signers are not given an opportunity to read the full •
text of the ordinance sought to be reconsidered and if the full
text of the ordinance is not contained in or attached to each
signature paper or set of signature papers of an initiative or
referendum petition throughout circulation .
( 2 ) If affidavits ( executed by the circulators for each set
of signature papers ) are not attached to the papers at the time of
filing of petitions with the clerk of the council . Each affidavit
shall attest to the effect that : a particular individual .
personally circulated an identifiable set of papers ; each paper
bears a stated number of signatures ; each signature on a paper was
affixed in the circulator ' s presence ; each signature is the
genuine signature or the person it purports to be .
C . Individual signatures may be withdrawn within fifteen days _-,-.•-.{ Deleted: clsi
after the filing of an initiative or referendum petition with the
clerk of the council by the filing of a written request thereof , .
by the individual , with the clerk or the council . (Amended 1976 ) •
Section 22 . 06 . Procedure After Filing .
A . Certificate of Clerk ; Amendment . Within twentxt days after ..- { Deleted: c2o
the filing of an initiative or referendum petition , the clerk of
the council shall complete a certificate as to the sufficiency of
•
the petition .
As soon as a certificate is completed, the clerk shall notify
the petitioner ' s committee of the contents of the certificate . If . .
a petition is certified sufficient , the clerk shall present the .--- Deleted: hia � •
clerk ' s certificate to the county council at its next meeting . If
the clerk certifies a petition insufficient , ,the clerk' s .-•-{Deleted: hie
certificate shall show the particulars wherein the petition is
defective . A majority of the petitioner ' s committee may elect to .
•
amend a petition certified insufficient and must so notify the
clerk , but if a majority does not elect to amend a petition , the
clerk shall present ,the clerk ' s certificate to the county council ..--{ Deleted: hia ).
at its next meeting .
• B . Supplementary Petition . iIt a majority of the petitioner ' s,-.-- • Comment [i52]: Capitalized in
committee elects to amend its petition , then within ten Flays after original charter
receipt of the clerk ' s certificate , the committee shall file a ' Deleted: if
supplementary petition upon additional papers . The supplementary Deleted: clo)
petition shall be governed by the same requirements as for an
- 50 - ( 11 / 12 )
I original petition . Within five. days after the filing of a .;..-•{ oeioed: (5)
supplementary petition , the clerk shall complete a second
certificate as to the sufficiency of the original petition as .
amended by the supplementary petition . Thereafter , the procedural
requirements for the petition as amended shall be the same as that
for the original petition as provided in subsection A, this
section .
C . Council Review . A majority of the petitioner ' s committee
may request the county council to review a clerk ' s certificate , at
or before the meeting at which the clerk presents the certificate
to the council . The council shall review the latest clerk ' s
certificate , upon the committee ' s request , and shall approve or
reject the certificate or may substitute its own determination of
sufficiency of the petition by resolution .
D . Court Review ; New Petition . A final determination as to
the sufficiency of a petition shall be subject to court review . A
final determination of insufficiency, even if sustained upon court
review , shall not prejudice the filing or a new petition for the
same purpose . (Amended 1976 )
Section 22 . 07 . County Council Action on Petitions .
A . The county council shall proceed immediately to consider : '
an initiative or referendum petition which has been determined ;
sufficient in accordance with the provisions of this article . If •
an initiative petition is concerned , the ordinance it proposes
shall at once be introduced subject to the procedures required for
ordinances under Article IV of this charter ; however , not more '
I than sixty .days shall elapse between the time of first reading of _. -{Deleted: l6O
the initiative proposal as a bill and completion of action to
adopt , amend, or reject the same . If a referendum petition is .
concerned , the ordinance to which that petition is directed shall
be reconsidered by the council ; and not later than thirty days ...-{ Deleted: 13O)
after the date on which the petition was determined sufficient ,
the council shall , by ordinance , repeal , or , by resolution ,
sustain the ordinance .
B . If the council rejects an initiative amendment proposal or
passes it with an amendment unacceptable to a majority of the
petitioner ' s committee , or if the council fails to repeal an
ordinance reconsidered pursuant to a referendum petition , it shall .
submit the originally proposed initiative ordinance or refer the
reconsidered ordinance concerned to the voters of the county at .
the next general election .
- 51 - ( 11 / 12 )
C . The council may , in its discretion , and under appropriate
circumstances , provide for a special election . .
D . The ballot for such measures shall contain an objective
summary of the substance of the measure and shall have below the .
ballot title designated spaces in which to mark a ballot FOR or
AGAINST the measure . Copies of initiative or referendum ordinances . • i
shall also be made available at the polls .
E . Suspension of Ordinance . When a referendum petition or .
amended petition has been certified as sufficient by the pounty Deleted: County Clerk a
clerk , the ,ordinance sought to be {repealed in the petition shall s.,_-_. COmn1811tps3]: aepealed is correct
not be effective and shall be deemed suspended from the date the ':;; in original charter .
petition is certified as sufficient until the voters have voted on Deleted: ordinance
the measure and the election results have been certified as : Deli; repeated
provided in this Article . (Amended 1976 , 1980 )
Section 22 . 08 . Withdrawal of Petitions . An initiative or : .
referendum petition' may be withdrawn at any time prior to the
sixtieth flay immediately preceding the day scheduled for a vote in { Deleted: ( 60th)
the county by filing with the county clerk a request for
I withdrawal signed by at least four members of the petitioners ,_.:---{ Deleted: ( s )
committee . Upon the filing or the request , the petition shall have
no further force or effect and all proceedings thereon shall be . '
- terminated . (Amended 1976 )
Section 22 . 09 . Results of Election . If a majority of the voters
voting upon a proposed initiative ordinance shall vote in favor of • .
it , the ordinance involved shall be considered adopted upon '
certification of the election results . If a majority of the voters , • •
voting upon a referendum ordinance shall vote against it , the
ordinance involved shall be considered repealed upon certification ' ;
of the election results . (Amended 1976 ) '
Section 22 . 10 . Upon approval by a majority of the votes cast on j
the proposal , the charter amendment shall take effect upon all : -1
legislative acts not excluded herein enacted after January 2 ,
1977 . (Amended 1976 )
Section 22 . 11 . A referendum that nullifies an existing ordinance -
shall not affect any vested right or any action taken or .
expenditures made up to the date of the referendum . (Amended 1976 ) -
i
ARTICLE XXIII
- 52 - ( 11 / 12 )
i
. -.
• GENERAL PROVISIONS .
Section 23 . 01 . Definitions . •
A . The term " agency" shall mean any office , department ,
board, commission or other governmental unit of the county .
B . The term " employee " shall mean any person , except an
officer , employed by the county or any department thereof, but the
term shall not include any independent contractor .
C . The term " law " shall mean any law of the State of Jiawai ' i { Deleted: Hawaii
or any ordinance or the county of Kauai or any rule or regulation
of any department having the force and effect of law .
D . The term " officer " shall include the following :
( 1 ) Mayor , prosecuting attorney, and members of the council .
( 2 ) Any person excluded from Chapter 76 , HRS and the :
position classification plan who is appointed as ;
administrative head of any department or agency of the
county or as a member of any board or commission .
( 3 ) Deputies appointed by the administrative head of any ,
department or agency of the county who are excluded from
Chapter 76 , .HRS and the position classification plan .
(Amended 2012 )
. . .
. a
1
E . The term " State " shall mean the state of t Hawai ' i { Deleted: Hawaii
Section 23 . 02 . Boards and Commissions . The council may create such
other boards and commissions , not provided herein , by ordinance . •
All boards and commissions , including those which are specifically .
provided for herein , shall be organized , appointed and vested with •
the power and authority as provided hereunder which are not in !,,
• conflict with the provisions of this charter .
A . All boards and commissions established by the charter
shall consist of seven members . (Amended 2006 ) '•�
B . All members of boards and commissions shall be appointed
and may be removed by the mayor , with the approval of the council ,
except that members of boards and commissions established by r •
ordinance may be appointed and removed as provided by ordinance . '
Such ordinance shall provide for either of the following
appointing and removal methods :
4 4
•
- 53 - ( 11 / 12 )
1 ) Appointment and removal of members by the mayor , with
the approval of the council ; or
2 ) Joint appointing powers under which the mayor and the
council each appoint an equal number of members , and one
additional member is selected by the members previously
appointed by the mayor and council . Members appointed by
the mayor may be removed by the mayor with the approval
of the council . Members appointed by the council may be
removed by the council with the approval of the mayor .
The one additional member selected by the previously .
appointed members may be removed by the mayor with the
approval of the council .
A board or commission member who is absent from three .
consecutive meetings without prior excuse of the ,chair shall be _ ...-{ Deleted: chairman ).
expelled from membership . Upon notification of such expulsion by
the jchair , the applicable appointing authority shall within .- comment (cns54]: official version
,fifteen days of the notice , begin the appointment process . Y'' has "chairman" .
(Amended 1980 , 1986 ) *. % Deleted: chairmen
Deleted: 15
C . The members of all boards or commissions shall serve for
staggered terms of three years and until their successors are '
appointed . However , no holdover term shall extend beyond ninety
days . All members currently serving shall serve their term as set
when they were appointed . All appointments after January 1 , 1977 .
shall be for three-year terms . Notwithstanding the holdover period
or period of any vacancy, the term of any appointment shall be
deemed to have commenced immediately after the normal termination
I date of the appointee ' s predecessor . The council may, by 4Deleted: hie
ordinance , provide for the staggering of terms provided that no
terms of members already appointed shall be changed . (Amended
1976 , 1980 )
D . Each commissioner shall be , at the time of the -_..--{ Deleted: hie
commissioner ' s appointment , a duly qualified resident elector of
the county . .
E . No more than a bare majority of the members of any board
or commission shall belong to the same political party . 1
F . Any vacancy occurring on any board or commission shall be
filled for the unexpired term .
G . Each board or commission shall elect its ,chair or other . Deleted: chairman
officers . The term of office of the chair of an • board or ,..„,
I
Deleted: chai anshlip
commission shall be one year and o member of any such board o
I rmini`ssMimse or:herselfeas hair,,,forathe,,,,te ..--{ Deleted: chairman
- 54 - ( 11 / 12 )
•
sa ,Comment [CHS55]: "no member of any
such board or commission shall
serve two consecutive terms as '
H . No member of any board or commission shall be eligible for • chair . " . .
more than two consecutive terms on the same board or commission or .
on two different boards or commissions of the county . After the .
expiration of two consecutive terms , no person shall be eligible
for appointment to any county board or commission until one year
has elapsed after such service . Any partial term of more than two .
years shall be considered a term as used herein . (Amended 1976 )
I . Employees and officers of the State or county may be .
eligible to serve on boards or commissions , provided that such
service does not result in a conflict of interest or is expressly .
prohibited by law . .
J . A majority of all the members to which a board or
commission is entitled shall constitute a quorum to do business , • -
and the concurrence of a majority of all the members to which such
board or commission is entitled shall be necessary to make any
action or such board or commission valid .
K . All boards and commissions shall have the power to
subpoena witnesses and administer oaths to witnesses as to all
matters within the scope of such boards or commissions .
L . The members of boards and commissions shall receive no
compensation but shall be entitled to be paid for necessary . .
expenses incurred by them in the performance of their duties . •
M . Except for purposes of inquiry, no board or commission ,
nor its members , shall interfere in any way with the routine
administrative affairs of its department normally administered by
the department head .
N . Each board or commission shall have power to establish its
own rules of procedures necessary for the conduct of its business , •
except as otherwise provided in this charter .
Section 23 . 03 . Title to Property . Except as otherwise provided by
lal. title to all property acquired by any agency of the county,:._.• ,Comment [CHSS6j: Official version
shall be vested in the county . is correct .
Deleted: .
Section 23 . 04 . Facsimile Signatures . Whenever any person is
required to sign negotiable instruments or multiple bonds , the
signature may be a facsimile . • •
Section 23 . 05 . Expenses . All officers and employees of the county •
- 55 - ( 11 / 12 )
shall be entitled to their traveling or other necessary expenses
incurred in the performance or their public duties .
Section 23 . 06 . Claims . No action shall be maintained for the -
recovery of damages for death or injury to person or property by :
reason of negligence of any officer or employee of the county .
unless a written statement stating fully when , where and how the
damages occurred, the extent thereof and the amount claimed
therefor , has been filed with the county clerk within six months .
after the date the death , injury or damages were sustained .
Section 23 . 07 . Annual Reports . •
A . Not later than ninety ,days after the close of the fiscal { Ddetad: (90)
year , each agency of the county shall make an annual written
report of its activities to the mayor in such form and under such
rules as the mayor may prescribe . Copies of such reports shall be
filed in the office of the county clerk . ,
B . Not later than one hundred eighty days after the close of __ .-•-{ Deleted: Viso;
the fiscal year , the mayor shall make an annual report concerning
the activities of all agencies of the county . A copy of such
report shall be filed in the office of the county clerk . .
Section 23 . 08 . Records and Meetings Open to Public .
A . All books and records of every department shall be open to
the inspection of any person at any time during business hours , ,
except as otherwise provided by law . Certified copies or extracts
from such books and records shall be given by the officer having .
custody of the same to any person demanding the same and paying or
tendering a reasonable fee to be fixed by ordinance for such y
copies or extracts .
B . All meetings of boards and commissions shall be held in
the county building or other public places and no such body shall
take any official action except at a meeting open to the public .
Section 23 . 09 . Rules and Regulations . Unless otherwise authorized
by law , all rules and regulations having the force and effect of :
law adopted by any board, commission or administrative head of a
department , must first be approved by the mayor prior to going .
into effect .
Section 23 . 10 . Penalties . Any violation of a charter provision , .
any ordinance , or duly enacted rule or regulation having the
effect of law shall be subject to a fine not exceeding $ 1 , 00q.or ,-. .-{ Deleted: . ao I
- 56 - ( 11 / 12 )
one year ' s imprisonment or both unless the charter , ordinance ,
rule or regulation provides for a specific penalty in which case
the specific penalty shall control . Prosecution for any violation
shall be as provided by law for the prosecution of misdemeanors .
(Amended 1980 )
Section 23 . 11 . County Elections . County elections shall be
conducted in accordance with the election laws of the State
insofar as applicable , but the county primary and general
elections shall be held in every two years following the initial .
election .
Section 23 . 12 . Oaths of Office . Before entering upon the duties of .
I ,the office , each officer elected or appointed shall take and „ ( Deleted: hie
subscribe to such oath or affirmation as shall be provided by law . '
Section 23 . 13 . Impeachment of Officers . Any officer appointed or
elected may be impeached for malfeasance , misfeasance or
nonfeasance in office . Such impeachment proceeding shall be
commenced in the Fifth Circuit Court , State of Hawai ' ir. The charge _ ._.-.•{ Deleted: Hawaii i
or charges shall be set forth in writing in a verified petition
I for impeachment signed by not less than five percent ,of the voters ..-•*{ Dddad: ( 5% )
registered in the last general election , except as to charges .
I filed by the ethics poard_ If the _ court -- sustains the charge or Y ;-,.-4Deleted: commission
)
. charges , such officer shall be deemed removed from office . The
petitioners seeking the impeachment shall bear their own
attorneys ' fees and other costs of such proceedings , except
I proceedings initiated by the ethics k]oarci, the cost of which shall • { Comment [157]: see comment 57
be paid by the county .
Deleted: commission
A . Whenever any officer is sought to be impeached for matters
relating to the officer ' s official powers or duties , and the
I impeachment is not being sought by the ethics )]oar4, such officer ,„-- - Comment [I5sJ: 1992 amendment states
may request legal representation by the county or at county
board
expense . -- - -- -
Deleted: commission
( 1 ) Such request for legal representation shall be . . .
accompanied by a signed statement in a form approved by the county _-:.-• Dddad: county
ftttornet, in which the officer agrees to reimburse the ,county for Deleted: Attorney
all expenses incurred in such legal representation , if the officer Deleted: County
• is impeached .
( 2 ) Determination of expenses shall be made by the county ,J .- .--•.{ Deleted: county Attorney
attorney and approved by the council , and shall- be conclusive . Ddeted: council i
( 3 ) Any officer being impeached for matters not relating to
their official powers or duties shall bear their own attorney ' s .
— 57 — ( 11 / 12 )
fees and costs of such proceedings .
B . Legal representation for impeachment relating to an
officer ' s official powers or duties , and which is not being sought
I by the ethics poard, shall be as follows : { Deleted: comnission
( 1 ) By the county attorney' s office if requested by the -- Deleted: county Attorney ' s
officer and agreed to by the ,county attorney .
. . . . . . ...... .. .. .... . ... . . . . . _ --••" Deleted: County Attorney
( 2 ) By outside legal counsel selected by the officer . The . .
I mayor and =council shall appropriate reasonable amounts for such Deleted: Mayor
legal services . In the- alternative , existing funds which have been • Deli: council I
appropriated for legal services may be used , provided the Council
approves of the amount .
•
C . Nothing in this section shall preclude the officer sought
I to be impeached from recovering attorneys" fees as provided by •{`comment (cHss9]: correct an P
law . If legal representation is provided at county expense , such `official version . 4
recovery shall be reimbursed to the county . (Amended 1992 )
•
Section 23 . 14 . Coordination of work . The mayor shall devise a .
practical and working basis for the cooperation and coordination
of work by the various departments , eliminating duplication and
overlapping of functions , and shall have the various agencies
. cooperate with , each other in the use of employees , land,
I building -it- ' facilities and equipment . The head of any .,_,.. .- ¶Comment [cHS6oj: correot in I
department may empower -or require an employee of another °; % official ,_version .
department , subject to the consent of the head of such other Ddnd: . _ _
department , to perform any duty which ,such department head might Deleted: .
require of the employees of his or her department . Whenever in Deleted: h9
this charter power is vested in a department to inspect , examine
or secure data or information or to procure assistance from any
other department , a duty is hereby imposed upon the department •
upon which demand is made to render such power effective .
Section 23 . 15 . Cooperation With Other Organizations . In the
performance of its functions , each department shall cooperate with
private organizations and with organizations of the governments of
the United States , the State , and any other state , and with any of .
their political subdivisions having similar functions .
Section 23 . 16 Provisions of Charter Inoperative . If any provision
of this charter jeopardizes the receipt by the county of any •
federal grant-in-aid or other federal allotment of money, such
provision may, insofar as such fund is jeopardized , be waived by
the council upon the recommendation of the mayor .
- 58 - ( 11 / 12 )
•
•
Section 23 . 17 . Titles , Subtitles , Personal Pronouns : Construction .
Titles and subtitles shall not be used for purposes of construing
this charter .
•
When any personal pronoun appears in this charter , it shall be
construed to mean either sex .
•
ARTICLE XXIV }
CHARTER AMENDMENT
Section 24 . 01 .. Initiation of Amendments . Amendments to this
charter may be initiated only in the following manner : •
. ,
A . By resolution of the council adopted after two readings on
separate days and passed by a vote of five or more members of the '•
council . •
B . By petition presented to the council , signed by registered
I voters comprising not less than five percent Lof the number of . { Ddded: r5%J
voters registered in the last general election , setting forth the
proposed amendments . Such petitions shall designate and authorize
- = iat
not less than three '40— more than five of the signers thereto to _-_. =• .comment [cesei�: MS Word suggests
approve any alteration or change in the form or language or any . replace with _rSCi_.
restatement of the text of th'e proposed amendments which may be r
made by the county attorney . (Amended 2012 ) '
Upon filing of such petition with the council , the county clerk
•
shall examine it to see whether it contains a sufficient number of
valid signatures of registered voters . (Amended 2012 )
•
Section 24 . 02 . Elections to be Called .
A . Any resolution of the council or petition of the voters
proposing amendments to the charter shall provide that the
proposed amendments shall be submitted to the voters of the county
at the next general election . •
.
B . The county clerk shall have the proposed amendments
published in a newspaper of general circulation in the county at
I least thirty days prior to submission of the proposed amendments _.-.-{ Dddxid (So) ):
to the voters of the county at the next general election . ,
C . Should the majority of the voters voting thereon approve , • • :
the proposed amendments to this charter , the amendments shall .
become effective at the time fixed in the amendment , or , if no •
•
• - 59 - ( 11 / 12 )
time is fixed therein , thirty days after its adoption by the { Deleted: ; 3oy
voters of the county . Any charter amendment shall be published in -
a newspaper of general circulation in the county within thirty
days of the effective date of such amendment . _•._...{ Deleted: (sal )
Section 24 . 03 . Charter Review . The mayor with the approval of the
council shall appoint , with appropriate staffing, a charter ,
commission composed of seven members who shall serve in accordance
with
o of this ,charter to study and review the { Deleted: Charter )
operation of the county government .
under this charter for a period
of ten years commencing in 2007 . Thereafter , the mayor with the
approval of the council shall appoint a charter commission at ten
year intervals . In the event the commission deems changes are .
necessary or desirable , the commission may propose amendments to .
the existing charter or draft a new charter which shall be .
submitted to the county clerk . The county clerk shall provide for
the submission of such amendments or new charter to the voters at
any general or special election as may be determined by the
commission . The commission shall publish not less than thirty days , ,.. { Deleted: cloy • )
before any election at least once in a newspaper of general
circulation within the county the entire text of the amendments or
new charter . (Amended 2006 )
A . Unless a new charter is submitted to the voters , each
amendment to the charter shall be voted on separately .
B . If a majority of the voters voting upon a charter •
amendment votes in favor of it or a new charter , if a new charter
is proposed, the amendment or new charter shall become effective
at the time fixed in the amendment or charter , or if no time is
fixed, thirty ,days after its adoption by the voters . Any charter __..-•{ Deleted: ( 30 ) )
or amendment shall be published , in its entirety not more than .
thirty) days after its adoption . {Deleted: ( 30
ARTICLE XXV
SEVERABILITY •
Section 25 . 01 . Severability . If any provision of this charter is .
held invalid, the other provisions of this charter shall not be
affected thereby . If the application of the charter or any of its
provisions to any person or circumstances is held invalid, the
application of the charter and its provisions to other persons or .
circumstances shall not be affected thereby .
- 60 - ( 11 / 12 )
ARTICLE XXVI
TRANSITIONAL PROVISIONS
Section 26 . 01 . Schedule . After the approval of this charter by the
voters , this charter shall be in effect to the extent necessary in
order that the first election of members of the county council and
mayor may be conducted in accordance with the applicable election
laws of the State . This charter shall take full effect on January
2 , 1969 . •
-
Section 26 . 02 . Initial Election Under the Charter . The first
county primary and general elections under this charter shall be
held in the year 1968 .
Section 26 . 03 . Existing Laws and Conflicting Laws . All laws ,
ordinances , resolutions , rules and regulations in force at the
time this charter takes full effect , and not in conflict or -`
inconsistent with this charter , are hereby continued in force i
until repealed, amended or superseded by proper authority . All
laws relating to or affecting this county or its agencies ,
officials or employees , and all county ordinances , resolutions ,
orders and regulations which are in force when this charter takes
full effect , are repealed to the extent that they are - inconsistent
with or interfere with the effective operation of this charter or a --
of ordinances or resolutions adopted by . the county council under
• the provisions of this charter .
Section 26 . 04 . Status of Departments and Transfer of Funds . ' '
A . All departments , the status of -which are not specifically
changed or abolished by this charter , are hereby recognized,
continued and established and shall have such powers , duties and
functions as provided by law . Members of the various boards ,
commissions and committees holding office at the effective date of
this charter shall continue in office unless they resign or until
their terms of office shall expire .
•
B . The offices of the county auditor and the county treasurer ;'
are abolished and their functions transferred to the department of
finance . •
C . The offices of the elected county clerk and the county
attorney are abolished .
Section 26 . 05 . Transfer of Records and Property . All records , f..
property and equipment of any office , division , . department , board
or commission , the functions of which are assigned to another
61 - ( 11 / 12 ) 4::
agency by this charter , shall be transferred and delivered to the
agency to which such functions are so assigned .
Section 26 . 06 . Status of Present Employees . All civil service
employees and full-time employees whose positions are exempt from
civil service presently employed by any department or agency which
is merged or abolished under this charter , shall be transferred
and continued in employment in accordance with Sections 138 - 44 and
138 -45 , Revised Laws of Hawai ' j, 1955 , as amended , to a comparable .....•.tDdeted: Hawaii
position in an agency where such function has been transferred .
Section 26 . 07 . Heads of Departments Continued in Office .
Notwithstanding any provision to the contrary , all officers and
department heads , whether appointed or elected, holding office
immediately prior to the time this charter takes effect , shall
continue in employment for a period of not more than forty-five ' •
11days thereafter , or until they are replaced pursuant to the -Jodeted: ( 45) is
provisions of this charter , whichever occurs later .
Section 26 . 08 . Temporary Budget and Capital Program . During the -
transitional period, the mayor shall submit and the council shall
adopt , with or without amendments , a temporary current expense ,
budget and a capital program based on the revenues anticipated
during said period . Until the adoption of such temporary current -
expense budget and capital program, the then existing budget and '
capital program shall remain in effect .
Section 26 . 09 . Pending Proceedings . All petitions , hearings and
other proceedings pending before any office , department , board or "
commission abolished by this charter , and all legal proceedings
and investigations begun by such office , department , board or
commission and not completed at the effective date of this
charter , shall continue and remain in full force and effect and . .
shall be completed before or by the office , department , board or . .
commission which succeeds to the powers and functions of such •
office , department , board or commission .
Section 26 . 10 . Lawful Obligations of the County . All lawful
obligations of the county existing on the effective date of this
charter and all fines , taxes , penalties , forfeitures , obligations - . .
and right ' due , owing or accruing to the county, and all writs ,
prosecutions , actions and proceedings by or against the county
shall remain unaffected by the adoption of this charter . '
- 62 - ( 11 / 12 )
Subcommittee Report
(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)
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.
9/9/13 Ed Justus
00 %3 /02
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
could 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
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 . Also discussed was the "districts at-large" model of districting and the
consensus was that such a model would not create the desired effect of proportionate representational
voting, and it could also cause situations where the "district at-large" voting style could elect a person who
received majority vote elsewhere on the island, but received the lesser vote in the district they are running in,
and therefore would create an unwanted situation between the residents of a particular district and their
representative, which has happened in Maui County and has had legal repercussions; this variant of districting
as an option was set aside. The remaining arrangement of 5 districts with 2 at-large seats was then decided to
be the only 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:
f
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 reauirements 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
ari .
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 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
(NOTE: Amendments to the original report are both underlined and highlighted for clarity)
•
. .
1.
•
■
•
•
•
•
•
•
•
•
•
•
•
•
•
•
.
Rough Conceptual Layout of Geographic Areas
for
Kaua'i County Council with Five District Seats
NORTH . it
,, ' 1 ; r' 1 c Z ,1 . . r , .� ; ; `y ' l, 11 • ' , re•e •-'j•
';., ® a®�' N � ® ,. , , ; ' 44' i0- ' '9
\ z 1 Y— x41
'\ ' _ \ 1 \ 1 "_; ( rr,i
� / '. , ,. .. -1.' a. '( / • , .1 : �y... .:Cg1' I
/ j ti a C f.•
`` �
• 1 ' f 1 i 1 'stir t
' ' ` • r 4/r° — € ' - '—%"'`.-....lc EAST
� . ; nor J - _- . --z, . . it li :
r ' qtr.r+; i " G] ` • ___ . ,
^ s` ` //b , 4� +f'7 ' o '' a - •
WEST 1 _ _ t . q
�`. -; .,�` .+.� Rev O'�.` ,
SOUTH ' - • _ CENTRAL
Thicker black lines indicate five potential district divisions
Layout based on naturally defined boundaries, population & TMK map info
Conceptual Town Grouping Breakdown with Five Districts :
"North" : , Kawaihau, Kealia, Anahola , Moloa' a, Kilauea, Kalihiwai, Princeville,
Hanalei, Wainiha, Ha 'ena (pop. 11811)
"East" : Wailua Homesteads, Kapa' a (pop. 12887)
"Central" : Wailua Houselots, Hanama' ulu, Lihu'e, Puhi (pop. 11615)
"South" : Numila, Kalaheo, Lawai, Omao, Koloa, Po' ipu (pop. 11382)
"West" : Ni' ihau, Kekaha, Waimea, Pakala/Makaweli, Kaumakani,
Hanapepe, Ele'ele (pop. 11693)
Each region has culturally unique & specific geographic features related to their area
&sec. oto /3 - /42-- a. .
Years and Vote Tally with Difference
for
Ballot Questions
regarding
Prior Charter Amendments for Council Partial-Districting
1982 - 3 District Seats / 4 At- Large Seats
5541 YES I 8662 NO I 3141 vote difference
43.95% difference
1996 - 5 District Seats / 2 At- Large Seats
8456 YES I 9589 NO I 1133 vote difference
12.56% difference
2006 - 3 District Seats / 4 At- Large Seats
9396 YES I 9557 NO I 161 vote difference
1.69% difference
•
Trend Analysis :
• Voters have become less satisfied over the years with the current
County Council "At-Large Only" system
• Voters have been steadily moving towards approving the concept of a
Part-District/Part-At-Large Council makeup.
{1990 Ballot Question with Dual Chokes 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)
Voting Breakdown from Each Proposed District
Regarding 2006 Election Council Districting Amendment
North District :
Area : Yes : No : Difference
Hanalei 584 300
Kilauea 542 343
Anahola 304 166
Kawaihau 379 357
. % of Absentee D14 85 89
TOTAL 1894 (60%) 1255 (40%) (+) 639 Votes / 40.58%
East District :
Area : Yes: No: Difference :
Kapaa 1 368 376
Kapaa 2 219 226
Kapaa 3 565 580
% of Absentee D14 & D15 565 580
TOTAL 1200 (49.22%) 1238 (50.77%) (-) 38 Votes / 3. 12%
Central . District:
Area : - Yes: No: Difference :
Hanamaulu 264 256
Lihue 1 213 316
Lihue 2 205 302
Puhi 320 281
% of Absentee D15 125 160
TOTAL 1127 (46.95%) 1315 (53.85%) (-) 188 Votes / 15.39%
South District :
Area : Yes: No: Difference:
Koloa 1 216 230
Koloa 2 187 239
Koloa 3 410 283
Kalaheo 1 268 290
Kalaheo 2 392 358
% of Absentee D15 & D16 87 82
TOTAL 1560 (51.98%) 1482 (48.72%) (+) 78 Votes / 5.13%
West District:
Area : Yes: No: Difference :
Eleele 182 207
Hanapepe 253 217
Kaumakani 56 47
Waimea 363 321
Kekaha 363 321
Niihau & % Absentee D16 72 88
TOTAL 1185 (51.97%) 1095 (48.03%) (+) 90 Votes / 7.89%
Summary of Info :
Amendment Passed :
( 1 ) North District
( 2) West District
(3 ) South District
Amendment Failed :
(4) East District
(5 ) Central District
Analysis:
• The amendment failed in both the Central and East Districts, but only by slim margins: 38
votes in the East District and 188 votes in the Central District.
• Majority of voters from Kapaa/Lihue area, which have had a council for many years
consisting of predominately Kapaa/Lihue residents, were comfortable with at-large layout.
• Majority of voters in the Outlying Districts ( North, South, West) approved the districting
amendment, indicating their desire for a member to represent their area on the County
Council .
• Three of the five districts (the majority) indicated their desire for district representation; in
turn, this indicates that only two of the five districts (the minority) did not pass the measure.
• The North, South & West Districts, often without a resident member on the Council, are
equally-populated regional communities that have clearly indicated they want to be heard
and represented.
County Council- Partial Districting (Five District/Two At-Large)
"Section 1.03. County Elections.
D. Office of District Council Members.
1. For district council offices, two candidates for each vacant district council office
receiving the highest number of votes in the primary election shall be placed on the ballot for
the general election.
2. At the general election. the candidates receiving the highest number of votes for
each vacant district council office shall be elected.
3. Tie votes. In the event of a tie vote for a district council office in the primary
election, the candidates receiving the same number of votes shall be placed on the ballot for
the general election. In the event of a tie vote for a district council office in the general
election, the winner shall be determined by a method of chance as determined by the county
clerk.
E. District Election. The first election by separate council districts shall be in the
primary election of 2016.
F. District Apportionment and Reappointment.
1. The year 2021 and every tenth year thereafter shall be district reapportionment
yam,
2. An initial council district apportionment commission shall be constituted on or
before the first day of April, 2015. A council district reaDoortionment 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.
& c_ /3 - 1.2%.
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.
3. In effecting the initial apportionment and each subsequent reapportionment, the
commission shall be guided and comply with all applicable Federal and State Laws.
4. 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.
5. 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.
6. The commission's tenure shall end upon the filing of its plan.
Section 3.02. Composition. There shall be a council of seven members [elected at-large] . Two
members shall elected at-large by all registered voters in the county. Each of the other five
members shall reside in and shall 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] the 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
reauirements of a candidate for that position.
B. Any [councilman] council member who removes [his] said council member's residence from the
county or district from which elected, or is convicted of a felony, shall immediately forfeit [his]
the office."
(Deleted material is bracketed; new material is underlined)
Ballot Question —
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?
•
•
•
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
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 . 1
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 . 'f"an'y o my officer o . i
mp: oyee - nowing' y authorizes or makes any payments or incurs an
bligation in violation of the provisions of this charter , or im
iolation of the provisions of the procedures and policie
stablished by ordinance . r take ±. a _ . . . - _ei • • a a io sha _
e.acause„f'or,,,,•5emoval ' „.--- (comment [0040]: Rewrite as
follows : The action of any county ; ,
' officer or employee who knowingly . MI
B . Nothing contained in this section or other sections of 4k, .., or takes part therein, shall
this charter shall be construed to prevent the making or be cause for
I authorizing of payments, or making of contracts for capital Deleted: 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
council the amount of any unappropriated surplus or unencumbered .
- 40 - ( 11 / 12 ) :
e-1e !. aO43 — IS r
Section 32 . 01 . [ Office Established ; ] County Auditor ; Election
and Term of Office .
A . There is established [ within the legislative branch ] an
office of the county auditor , to be headed by a county auditor
[ who shall be appointed by the county council and shall serve
for a period of six years , and thereafter , until a successor is
appointed ] . The electors of the county shall elect a county.
auditor whose term of office shall be four years beginning at
twelve o ' clock meridian on the first working day of December
following his election . No person shall serve as county auditor
for more than two consecutive full terms . The four year term for
county auditor shall apply commencing with the 2016 General
Election . The salary commission shall fix the salary of the
county auditor . [ The county council , by two - thirds vote of its
membership , may remove the county auditor from office at any
time for cause . ]
(proposed by request )
Section 22 . 06 . Procedure After Filing . .
A . Certificate of Clerk ; Amendment . Within twenty ( 20 ) days
after the filing of an initiative or referendum petition , the
clerk of the council shall complete a certificate as to the
sufficiency of the petition . As soon as a certificate is
completed , the clerk shall notify the petitioner ' s committee of
the contents of the certificate . If a petition is certified
sufficient , the clerk shall present his certificate to the
county council at its next meeting . If the clerk certifies a
petition insufficient , his certificate shall show the
particulars wherein the petition is defective . A majority of the
petitioner ' s committee may elect to amend a petition certified
insufficient and must so notify the clerk , but if a majority
does not elect to amend a petition , the clerk shall present his
certificate to the county council at its next meeting .
D . Court Review ; New Petition . A final determination as to
the sufficiency of a petition shall be subject to court review .
A final determination of insufficiency , even if sustained upon
courtreview , shall not prejudice the filing or a new petition
for thesame purpose . ( Amended 1976 )
E . Legal Review . Voter - initiated charter amendments are
required to have a legal review , either :
1 . by the county attorney at no cost to the petitioners , of
which the county attorney will provide legal review , but
said legal review would not prevent the amendment from
appearing on the ballot if it was not recommend by the
county attorney , in which case in the required pros and
cons section of information for the voters would state as
such , or
2 . by an attorney who has practiced law in the state of Hawaii
for at least three years .
A
, •
. . ,
ARTICLE VII •
MAYOR . ' .
Section 7 . 01 . Election and Term of Office . The electors of the
county shall elect a mayor whose term of office shall be four .
years beginning at twelve o ' clock meridian on the first working •
day of December following his election . [ No person shall serve
as mayor for more than two consecutive full terms ] . ' '
(proposed by request ) •
_ . . .•
r
. _ - . , , .•
I _
.
. , . •
•
.
. ,
. . - ,,,
I I . ..
..
I: • ,. _ .
. ..
•I . , .
.:�: .
' •I • ' . .. _ • 'y � � '.
•
•
•
.
•
_
L
F . . .
d
.. a , r
• I I • . •
•.
•
.
. d
• ' .,
. a .-
• id if
•
•
I ' •
County Council
Article III ' • •
1
• I
..: II
••
I II • , •
Section 3 . 03 . - Terms . ' The terms of office of councilmembers shall •'
be for two years beginning at twelve o ' clock meridian on the
- . first . I -
ft
working day of December following their election . [ No person . - •••' , • 1 {'
•
' • • shall . -
be elected to the office of councilmember for more ' than four
4i consecutive . two . year terms . ] ( Amended 1980 , 1984 ,• . 2006 ) • - _ - ° ;r
(Proposed by request ) :r 1 < I : 1 .
• - { , " r: 1 „•
I I 'f- '.r 4 I . '-
so
.4 .'- yI , . - . . 1
I
•
• 1 , .
.
• , LII
I. •
,q .1- -
. .
. 1 . . . I , . ..
• 'l.a_
' • _ ' r 'I ,•
I • - ;. I TI
-1-
•
ti
-0•: :
t I I
Ii ,` ,1 •• ` . ' - ;; •. - - • , - . _ - 1,11 t• iii
•' a • ,4 ' 11 Il ''.1 • • I,•,I . 'I • - I . I I, t u:I
• 1 J
.�' OP• - •1 ''11
IL 4
' .et.
t, ,i I _ 11,; , 1• ' t • '1,1 Yp .\
( 1
it
• •' .'I , I
lI. •• . .' , . _ I - I I� •
t•
- II I ' ' 1 ; .•
'r I ._ L
• r I
I, .. • I I -
_ ;
.• • I.
l
.+• �•
A. fre
I
• ...
-
- - - -. - - - - . :r.. _ -•
. 1•11 • ' I I .N - .II '
'1 I `: , .t
• 'I II • I. ' _ -■
•
, r
I: 1 , •
IC t ( ,'. tI , ' r ' ■ • . •
Attorney Commission Amendment
Article XXXIII — Attorney Commission
Section 33. 01 . Organization. There must be an Attorney Commission composed of seven
members not employed in government service. Of the seven members, the Mayor and the
Council must each appoint three members each, and one additional member is selected by the
members previously appointed by the Mayor and Council. Members appointed by the Mayor
must be removed by the Mayor with approval from Council. Members appointed by the Council
must be removed by the Council with the approval of the Mayor. The one additional member
selected by the previously appointed members may be removed by the Mayor with the approval
of Council. {follows language in Section 23. 02)
Section 33. 02. Goal. The goal of the Attorney Commission is to provide an independent process
in the selection, removal, and general oversight of the County Attorney in order to provide a
balanced environment where the County Attorney can serve the all branches of the County.
Section 33. 03. Requirements. Two of the three members appointed by the mayor and two of
the three members appointed by the council must either have been or be licensed to practice
law in the State of Hawaii, and must be in good standing before the Supreme Court of the State
of Hawaii.
Section 33. 04. Rules. The commission shall establish its rules of procedures and adopt rules and
regulations pursuant to law. {follows language in Section 29. 04)
Section 33. 05. Powers, Duties, and Functions. The Attorney Commission shall:
A. Have the power to appoint and remove both the County Attorney by majority vote of
its members.
B. Review the annual budgets prepared by the County Attorney and make
recommendations thereon to the Mayor and Council.
C. Review the departments' operations, as deemed necessary, for the purpose of
recommending improvements to the County Attorney.
D. Evaluate at least annually the performance of the County Attorney and submit a
report to the Mayor and the Council.
E. Hear complaints of citizens concerning the County Attorney, its department, or its
personnel, and, if the commission deems necessary, make recommendations to the
County Attorney on appropriate corrective actions.
F. Submit an annual report to the Mayor and the Council regarding its activities.
G. Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs
of the County Attorney.
{follows language in Section 11. 03)
Section 33. 05. Administration and Operation. The Mayor and Council shall provide an annual
appropriation sufficient to enable the commission to secure clerical assistance and pay other
operational costs in the performance of its duties. {follows language in Section 29. 06)
Additional Section to be Changed by this Amendment:
Article VIII — County Attorney
Section 8.02. — Appointment and Removal. The eCounty aAttorney shall be appointed and may
be removed by the ' Attorney Commission.
Section 8. 08. — Vacancy. If there is vacancy in the position of County Attorney, by either
removal, retirement, resignation, or death, the First Deputy County Attorney shall serve as
Acting-CountvAttorney until the Attorney Commission has appointed a new County Attorney.
(suggestion)
Proposed Ballot Question :
Shall there be an Attorney Commission, whose function is to appoint and remove and have
oversight of the County Attorney, with its members appointed jointly by the Mayor and Council?