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HomeMy WebLinkAbout2013_1028_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, October 28, 2013 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, L> u'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of September 23 , 2013 BUSINESS CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to Articles XXVII through XXXII of the Charter (On-going) CRC 2013- 15 Discussion and consideration of a proposal to elect Councilmembers by district from seven roughly equal populated districts CRC 2013- 13 Discuss whether to propose a charter amendment to clarify language as relates to the term removal in Section 19. 13 A (Deferred 9/23/13) 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 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 (Deferral of all Sections and Articles 9/23/13) An Equal Opportunity Employer ANNOUNCEMENTS Next Meeting: Monday, November 25 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 ft, 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 Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1 . Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3 . Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5 . If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Charter Review Commission — October 28, 2013 2 ' P a g e Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu` e, HI 96766 E-mail:bdavisa,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 — October 28, 2013 —~ — — 3 '1 P a g e • .1 41 5i ' C r" 1 • 4.11 11.COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: I CHARTER REVIEW COMMISSION Meeting Date I September 23, 2013 Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 3 :59 pm I End of Meeting: 6 :04 pm Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members: Mary Lou Barela; Joel Guy; James Nishida; Carol Suzawa Also : Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrative Aide Teresa Tamura; County Clerk Ricky Watanabe; Elections Administrator Lyndon Yoshioka and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law. Audience Members: Jonathan Jay; Judah Freed; Ken Taylor; Jose Bulatao, Jr. Excused Member: Patrick Stack Absent SUBJECT DISCUSSION ACTION Call To Order Chair TenBruggencate called the meeting to order at 3 :59 p.m. with 6 Commissioners present Approval of Open Session Minutes of August 26, 2013 Ms. Barela moved to approve the minutes as Minutes circulated. Mr. Justus 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 XXI through XXVI of the Charter (On-going) Section 21 .01 : Mr. Justus asked for clarification on what would replace Section 146- 130 to 146- 171 of the Revised Laws of Hawai `i, 1955, which was repealed in 1988 by the State Legislature. Mr. Shiramizu said there was no replacement, and he did not know if that would be considered a non- substantive change. His comment was to advise the Commission of the revised law and what is current now is the Hawai`i Revised Statutes. These particular sections were not carried over to the new law so it is a question for n ` the Deputy County Attorney. Mr. Shiramizu does not think this is something the Commission can just delete, nor is it what he is recommending; this is to Walert the Commission that section no longer exists and there is no Charter Review Commission Open Session September 23 , 2013 Page 2 SUBJECT DISCUSSION ACTION companion. Chair TenBruggencate asked if they should put in parenthesis at the end of the section that it has been repealed. Attorney Winn said that would not go in the official Charter. Chair TenBruggencate asked if the County Clerk would have to elect to put that in their version to which Attorney Winn said yes. Chair TenBruggencate asked if they needed to revisit how to handle numbers and whether it should be figures or written out. The Legislative Drafting Manual says to use figures to express percentages. Section 22.03 C: first sentence change must to shall to remain consistent with the other language in the Charter. Section 22.04: Subtitle should read: Petitioners Committee. Section 22.05 B. (2) : last sentence change or to of Section 22.05 C : last sentence change or to of It was pointed out there are numerous references to "the clerk" and the question was should it read "county clerk". Chair TenBruggencate said 22.06 A states the "clerk of the council", which makes it clear which clerk is referenced so further changes are not needed. Section 22.07 A: The word lapse and elapse have been interchanged throughout the Charter. Staff to do word search to analyze usage. Chair TenBruggencate said he prefers elapse if it is an appropriate grammatical construction but will defer to Mr. Shiramizu's analysis. Section 22.08 : The beginning of the last sentence change or to of Charter Review Commission Open Session September 23 , 2013 Page 3 SUBJECT DISCUSSION ACTION Section 23 .01 C: Following the word ordinance, change or to of and capitalize County of Kauai Section 23 .01 E: Capitalize State of Hawai`i Section 23 .02 J: last sentence change or to of Section 23 .02 G: Change last sentence to read: The term of office of the chair of any board or commission shall be one year and no member of any such board or commission shall serve two consecutive terms as chair. Section 23 .05 : Change or to of Section 23 . 13 (3) : Change sentence to read: Any officer being impeached for matters not relating to the officer 's official powers or duties shall bear the officer 's own attorney' s fees and costs of such proceedings. Section 23 . 13 B (2): In the last sentence use lower case for council Section 23 . 14: In the subtitle capitalize Work. Change his or her to the department head 's Chair TenBruggencate noted that the Charter interchangeably used county clerk and clerk of the council, but either way it is fine as it stands. Section 26.04 B : A question arose if abolishing the county auditor and county treasurer offices were a result of them previously being elected positions or not. Attorney Winn said Article XXVI is no longer necessary; it was the transitional provisions from when the Charter was originally created. Charter Review Commission Open Session September 23 , 2013 Page 4 SUBJECT DISCUSSION ACTION Staff asked to revisit the word council member which was voted in April to be one word but at the August meeting several members preferred the use of two words. Attorney Winn said the Commission voted previously on this item to be one word. 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' Chair TenBruggencate advised the audience members that the Commission has made no decision on this item and anticipates that it will remain on the agenda for a while to allow for full public discussion since there are a lot of districting concepts out there. Ms. Suzawa moved to accept the amended report. Mr. Nishida seconded the motion. Jonathan Jay favors districts because it is important when decisions are made for the entire county that someone from each part of the island is there. The proposed districting map is a natural way that the communities on the island exist. Based on that map, the population distribution of the north, south and west districts each have about 10,000 people while the east and central have about 18,000 to 20,000 or roughly twice the amount of the other districts. The east and central districts could be split which would make 7 districts Charter Review Commission Open Session September 23 , 2013 Page 5 SUBJECT DISCUSSION ACTION total and more evenly split the population. Attorney Winn reminded the Commission that the actual proposed amendment does not state where the cutoff is, it will be by population determined by an apportionment commission. Mr. Jay said his concern with only 5 districts is that only about 9,000 or 10,000 people live on the north shore and to get it to 13 ,500, the line would need to extend into Kawaihau and it is not the north district anymore. With 7 districts there is a smaller population per district and keeps the north shore intact. Judah Freed supports the notion of having representative seating on the Council based on districts. There are a number of areas of the island not being represented currently on the County Council, and violates the fundamental principles of fairness. The closest we can come to pure democracy is representative democracy, which would allow the people who have different interests around the island to have someone on the Council who will represent those interests. Districting and At-Large representation allows a balance between people who are specialized in their own districts, and people who are looking out for the community as a whole. Mr. Freed said he would not like to see the County Council become exclusively district based. Ken Taylor supports a combination of districting and at-large, but the voter should have the opportunity to vote for the majority of the Councilmembers. One of the problems with district elections is the individual represents the district while at the same time addresses the issues of the County in general and you cannot serve two masters. Districting can present issues with trading off support, which is not necessarily in the best interest of the whole Charter Review Commission Open Session September 23 , 2013 Page 6 SUBJECT DISCUSSION ACTION community. Maui has representatives that come from each district but they are voted upon at-large. Mr. Taylor said he would not support the proposal as set forth, but would consider 3 Districts with 4 At-Large seats and it would be based on the existing districts. As a voter, Mr. Taylor said he wants to be able to vote at least for a board majority, which currently would be 4. Jose Bulatao, Jr. said he is in favor of the districting approach because it provides an opportunity for the constituency to establish a closer rapport with the representative from that respective district. The voting participation has dwindled and districting may be one way to connect again. Council business is determined by the majority of 4 on a 7 member Council and there is the perception that voters want to deal with the 4 members they help get in. Mr. Bulatao referred to the voting history on districting and feels its time has come and could benefit the people in many ways. Mr. Bulatao said he would prefer having the opportunity to vote for 4 people but will leave the formula up to the Commission. It has been brought up that the Hawaiian people are not being represented in the districting option, and when or where there is an opportunity to make decisions or be a part of the decision making process, it should be a consideration worth looking into. Ken Taylor said he would also recommend that in the 2016 election none of the current Charter Commissioners would be allowed to run for office. This body is making a recommendation for a major change in how the County is represented, and for ethical and moral reasons none of the Commissioners should be allowed to run for office. Mr. Justus explained that at the last meeting he was asked if the committee had discussed Districts At-Large. They did and he included this in the amended report. Mr. Justus said the geographical map included in the Charter Review Commission Open Session September 23 , 2013 Page 7 SUBJECT DISCUSSION ACTION meeting packet was not part of the committee' s report; the tax map key was used as the basis for how the lines were drawn and then he adjusted the population of the island accordingly. Chair TenBruggencate reminded everyone that neither the Commission nor the voters will be deciding on what the districts are; that would be developed by an apportionment commission. Mr. Justus explained how he gathered the information presented in his report and he felt the numbers in the voting breakdown showed that the outlying communities want to have someone that lives in their area to represent them. Ms. Suzawa asked about the number of blank votes to which Chair TenBruggencate noted the blank votes were not more than either the yeses or noes, but they were enough they could throw either number away. Motion to accept the report carried 6 :0 The Commissioners took time to express their appreciation to all members of the committee for the well thought out and developed report. Mr. Justus moved that the Commission accept the proposed language for the 5/2 partial districting of the County Council as a Charter amendment. Mr. Guy seconded the motion. Mr. Justus pointed out that he amended his proposal by moving the sections for districting reapportionment and elections to the elections section of the Charter and drafted language to explain how the office of district Councilmembers would work in a County election. Mr. Justus moved to amend his motion to include the language in CRC 2013- 12 b so it can be the subject of the discussion. Mr. Guy seconded the motion. Motion to amend the original motion carried 6:0 Charter Review Commission Open Session September 23 , 2013 Page 8 SUBJECT DISCUSSION ACTION Ms. Suzawa moved to amend the main motion to propose 3 of the 7 Councilmembers be elected by District and laid out the same as the State Districts and 4 of the 7 Councilmembers be elected at large. Ms. Suzawa explained that she hates to let go of her 7 votes, but could deal with voting for 5 but does not want to vote for just 3 . Ms. Suzawa said she truly believes that if the voters cannot vote for the majority, the population is too small to merit splitting up and not having a majority of the Council looking out for the good of the County. Ms. Suzawa stated she believes in districting but would rather start with 3 to see how it works. A 3 District/4 At-Large amendment would have a better likelihood than 5 and 2. Ms. Barela seconded the motion. Mr. Justus said he has looked at other alternatives than the one he presented. He is concerned 3 Districts may be too broad of an area and still divides • communities in odd ways as in the State Districts. What if there are 5 Districts with at-large voting and 2 At-Large seats, but in the primary election only the people who live in those districts can vote in the primary for the candidate running from that district; the same way political party • candidates are chosen in the primary. In the general election, everyone votes for all candidates in all districts. This allows the residents to choose the people they want to represent their district. Ricky Watanabe and Lyndon Yoshioka were asked to provide input on Mr. Justus' suggestion. Chair TenBruggencate said he understood the question to be is it possible to have different rules on who can vote in a primary election for a particular candidate than in the general election. Mr. Watanabe said there may be some legal concerns regarding that method; however, they have not vetted that concept so they would not be able to provide an official Charter Review Commission Open Session September 23 , 2013 Page 9 SUBJECT DISCUSSION ACTION comment. Lyndon Yoshioka said this is the first time he has ever heard of this concept and this is new ground that would require in-depth legal review. Chair TenBruggencate said the Clerk' s Office should not do any research until this body votes in favor of it and after it has been run by the County Attorney' s Office. Mr. Guy was encouraged to hear all the Commissioners talking about the concept of Districting. The 3 Districts/4 At-Large has met with challenges and since there is good representation for the central part of the island he would like to see that representation pushed the other way. Motion to amend the main motion with a 3/4 Districting failed 1 : 5 (nays: Guy, Justus, TenBruggencate, Nishida, Barela) - Mr. Nishida moved to amend the main motion to 7 District seats. Mr. Guy seconded the motion. Mr. Guy said 7 Districts moves the line closer to getting representation for areas like the north shore. Ms. Suzawa firmly believes the way the island is populated and separated by miles, a move to 7 Districts is separating the island. Ms. Suzawa said she expects all 7 Councilmembers to vote on issues to make everything work for all of Kaua`i; not just to vote on fixing a road in Hanalei or cleaning up a beach in Kekaha. There is enough difference of opinion in coming to a decision with the current makeup of the Council, and making decisions at Council will be even harder with all Districts. With a majority in control of the Council at least there is hope that things can go forward and 7 Districts is something she would never support. Mr. Justus also did not favor 7 Districts because it is way too small an area to district. It is important to have At-Large candidates in a districting format for balance. With an At-Large Council it becomes too homogeneous and the voice of the minority is lost. Mr. Justus said as much as he wants districting, he cannot support full districting. Ms. Barela said she thinks they need a bigger Charter Review Commission Open Session September 23 , 2013 Page 10 SUBJECT DISCUSSION ACTION representation from the community as to what they feel districting should be. Mr. Nishida said he found one place where the Supreme Court ruled that districting be mandated because at-large elections did not represent minority populations. Something else he found was that at-large elections create a homogeneous body. Mr. Guy said he really likes the 5 District/2 At-Large and as the committee worked on this they thought about having the 2 At- Large, whether they be the chair and vice-chair, and give an overall island look. Having lived his entire life on the north shore, Mr. Guy said he feels very under represented. Mr. Jay said each proposal for districting has been a hybrid proposal, and it would make good sense to put the question before the people in the most pure form possible which means do they want districts on Kauai, yes or no. The most complete and simple expression is to have the people vote on 7 districts. If another hybrid proposal goes on the ballot some people will vote for it and some will vote against it because it is a hybrid. Motion to amend the main motion to 7 districts carried 4:2 by roll call: aye-Barela; aye-Guy; nay-Justus; aye-Nishida; nay-Suzawa; aye- TenBruggencate Chair TenBruggencate recapped that the main motion is now 7 Districts voted for by district and not at-large. Mr. Nishida moved for a deferment and asked to schedule a public hearing at the next meeting. Before making a decision on the motion on the floor, Chair TenBruggencate asked the Commission if they wanted to make a decision to have a public hearing on districting. Mr. Nishida withdrew his motion. Chair TenBruggencate suggested this go out to the public and that Staff be authorized to locate a time and a place where they can hold a discussion on the subject of districting. Mr. Justus said it would be important to have more Charter Review Commission Open Session September 23 , 2013 Page 11 SUBJECT DISCUSSION ACTION than one meeting in one area and this should go out to the different districts to get their input. Staff reminded the Commission that a public hearing requires publication of the notice 30 days prior. Asked if this needed to be a formal public hearing, Attorney Winn said the public can testify at any of the Commission' s meetings. Chair TenBruggencate said he would phrase it as public meetings held by the Charter Commission to gather Attorney Winn thought the Commissioners were remembering how they conducted the last meeting, which was done through the subcommittee of three people. If it is all members, it has to be properly noticed. Ms. Suzawa wanted to clarify that what the Commission has to take to the public is 7 Districts. Attorney Winn then explained the difference between using a subcommittee of 3 or less, which does not have the restrictions of the Sunshine Law, and a quorum or full Commission, which requires full Sunshine Law compliance, to take districting to the public for discussion. Mr. Guy said the last subcommittee took the issue to different locations and brought the report back to the full Commission. Mr. Guy said he was hesitant and would like to wait for Mr. Stack to return and voice his wisdom on this topic. Mr. Guy said he received over 50 likes when he posted a request on Facebook for input on this issue, and there were valuable thoughts and ideas that came forth. Not knowing if they can engage the community's feelings via social media, Mr. Guy also did not want to limit meetings to the Lihu` e area. Mr. Bulatao was concerned with taking 7 Districts to the community before it is determined where the 7 Districts would be; how would the community respond if they do not know which District they belong to. Mr. Justus said he shared that concern as well. Additionally, if they go to the community with only one plan, it is a disservice to the community; there should be an option of plans to generate the best interaction. Ms. Suzawa said legally the Commission voted for one proposal. Attorney Winn said it did not cut off the public's ability to say they do not like the proposal and bring forth what Charter Review Commission Open Session September 23 , 2013 Page 12 SUBJECT DISCUSSION ACTION they do. Chair TenBruggencate said they might create another 3 person special purpose committee to go out and hold meetings to hear thoughts on districting. Judah Freed liked the idea of something less formal to gather public input. He further suggested keeping 5 Districts, adding 1 for the homeland and the 3 At-Large, which would expand the Council to 9 people. Ms. Barela moved to create a 3 person panel to go out and chit-chat with the community about districting. Mr. Nishida seconded the motion. Chair TenBruggencate suggested that the panel be different from the last panel. Attorney Winn said the Commission' s Rules allow the Chair to appoint special committees. Mr. Guy said he was hesitant to support the motion because he looks at public participation as his duty as a Commissioner, and within 24 hours he received countless, wonderful comments on this topic along with different ideas on districting. At the end of the day he feels confident he has done his job and is ready to put forth something to the voter. If the Commission is not comfortable with that and really wants to go out to the public he will support that, but personally he feels like they have done a big support with the districting process. It is the Commission' s job to whittle it out and figure what it is they want to put on the ballot. Mr. Guy said his sense is that they have gone out. He does not want to put in 3 more people, wait more months for them to go out, and to hear what their perspective is based on their thoughts on districting. It is the Commission' s responsibility to pick a districting proposal and roll with it. Motion for a 3 person panel to take districting to the public failed 3 :3 (nays: Guy, Justus, Nishida) Mr. Nishida moved to defer the main motion. Ms. Barela seconded the motion. Roll call: aye- Charter Review Commission Open Session September 23 , 2013 . Page 13 SUBJECT DISCUSSION ACTION Barela; aye-Guy; aye-Justus; aye-Nishida; aye- Suzawa; aye-TenBruggencate. Motion carried 6 :0 CRC 2013- 13 Discuss whether to propose a charter amendment to clarify language as relates to the term removal in Section 19. 13 A Mr. Justus moved to defer CRC 2013- 13 . Ms. Barela seconded the motion. Motion carried 6:0 CRC 2013 - 14 Section 32.01 County Auditor as it relates to electing the Mr. Justus moved to defer CRC 2013- 14. Ms. county auditor instead of appointment by council. Barela seconded the motion. Motion carried 5 : 1 (nay-TenBruggencate) Section 22.06 Initiative and Referendum as it relates to the creation of a subsection E requiring legal review. 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 Next Meeting: Monday, October 28, 2013 at 4:00 p.m. Adjournment Mr. Justus moved to adjourn the meeting at 6 :04 p.m. Ms. Barela seconded the motion. Motion carried 6 :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 XXVII RECALL Section 27 . 01 . Recall Procedure . Any elective officer serving a four-year term as provided for in this charter may be removed from office by the voters of the county . The procedure to effect such removal shall be in accordance with this article . A petition demanding that the question of removing such official be submitted to the voters shall be filed with the county . clerk . Such petitions shall be signed by currently registered voters numbering not less than twenty percent pf the voters .-.--{ Deleted: (za%) registered in the last general election . (Amended 1984 ) Section 27 . 02 . Petitions . Petition papers shall be procured only from the county clerk , who shall keep a sufficient number of such blank petition papers on file for distribution as herein provided . Prior to the issuance of such petition papers , an affidavit shall be made by one or more voters and filed with the clerk , stating the name and office of the officer sought to be removed . (Amended 1984 ) . Section 27 . 03 . Signatures . Each signer of a recall petition shall print and sign their name and shall place thereon after the name , social security number , place of residence and voting precinct . To each such petition paper there shall be attached an affidavit of the circulator thereof , stating the number of signers to such part of the petition and that each signature appended to the paper was made in the circulator ' s presence and is believed to be the genuine signature of the person whose name it purports to be , and that each signer understood it to be a recall petition of a specific elected officer . (Amended 1984 ) Section 27 . 04 . Filing and Certification . All papers comprising a recall petition shall be assembled and filed with the county clerk as one instrument within thirtyc days after the __filing , _ with ( 30 ) clerk , of the affidavit stating the name and office of the officer sought to be removed . Within ten tdays from the date of the filing . ;•-• •{ DMeted: ( 10) of such petition , the clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of the ;_.--•{ Dseted: his 1` clerk' s examination . If the clerk shall certify that the petition is insufficient , the clerk shall set forth in the certificate the •-{ Deleted: he particulars in which the petition is defective , and shall return a copy of the certificate to the person designated in such petition to receive it . ( Amended 1984 ) Section 27 . 05 . Supplemental Petitions . In the event the initial - 63 - ( 11 / 12 ) e 'caoi3 - a.3 • petition contained insufficient signatures , such recall petition may be supported by supplemental signatures of voters signed in the manner required in Section 27 . 03 of this article appended to petitions issued, signed, and filed as required for the original petition at any time within ter, days after the date of the _ ••todetad: tu0m j certificate of insufficiency by the clerk . The clerk shall within five Iays after such supplemental petitions are filed make a like DeletedH5I examination of them, and if ,the clerk ' s certificate shall show the . -- Ddb: his same to be still insufficient , ,the clerk shall return it in the _ Del : he manner described in Section 27 . 04 of this article to the person designated in such petition to receive the same , and no new petition for the recall of the officer sought to be removed shall be filed within one year thereafter . (Amended 1984 ) Section 27 . 06 . Recall Election . If a recall petition or supplemental petition shall be certified by the clerk to be sufficient , ,the clerk shall promptly notify in writing the ,..--{ Ddeted: he { officer sought to be recalled of such action . If the official .. I whose removal is sought does not resign within five ,days after „_.--{ Deiead: cst mailing of such notice , the clerk shall thereupon order and fix a day for holding a recall election . Any such election shall be held I not less than seventy-five for more than ninety 4days after the oeletad: (75) petition has been presented to the official , at the same time as '' Del : ( 90) any other special county or state election held within such period, but if no such election is to be held within such period, the clerk shall call a special recall election to be held within I the time aforesaid . If less than fifty percent pf the total number ----{ Deleted: you of voters registered in the last general election shall vote at • such recall election , the officer sought to be recalled shall not be deemed recalled regardless of the outcome of the election . (Amended 1984 ) Section 27 . 07 . Ballots . The ballots at such recall election shall , •. with respect to each person whose removal is sought , submit the question : " Shall ( name of person ) be removed from the office of ( name of office ) by recall ? " Immediately following each such question , there shall be printed on the ballots the two propositions in the order set forth : " For the recall of ( name of person ) . " "Against the recall of ( name of person ) . " Immediately to • the right of the proposition there shall be designated spaces in which to mark the ballot FOR or AGAINST the recall . A majority vote shall be sufficient to recall such officer , subject to the provisions of Section 27 . 06 of this article . ( Amended 1984 ) Section 27 . 08 . Succeeding Officer . The incumbent , if not recalled in such election , shall continue in office for the remainder of . I ,the incumbent ' s unexpired term subject to the recall as before , . - .--{ Deleted: his ) ' - 64 - ( 11 / 12 ) except as provided in this charter . If recalled in the recall election , ,the incumbent shall be deemed removed from office upon -•_.--{ Ddeted: he the clerk ' s certification of the results of that election , and the office shall be filled as provided by this charter for the filing of vacancies of elected officials . The successor of any person so . removed shall hold office during the unexpired term of ,the person { Deleted: his predecessor removed . (Amended 1984 ) Section 27 . 09 . Immunity to Recall . The question of the removal of any officer shall not be submitted to the voters until such person I has served six ( 6 ) months of the term during which ✓such person is _.---{ Deleted: he ). sought to be recalled, nor , in case of an officer retained in a recall election , until one year after that election . (Amended 1984 ) ARTICLE XXVIII COST CONTROL COMMISSION I Section 28 . 01 . There shall be a pcourity cost control commission J-,-- •- Comment (i79): uaes caps in original composed of seven members not employed in government service . but that is not consistent with the ( Amended 1984 , 2006 ) rest of the charter Deleted: county Cost Control Commission ] , Section 28 . 02 . Goal . The goal of the commission is to reduce the cost of county government while maintaining a reasonable level of public services . (Amended 1984 ) (section 28 . 03 . Repealed ( 2D064 _,- comment [cHSSO]: Repealed by proposal No. 8 : Relating to Staggered Terms For All Charter Section 28 . 04 . The commission shall review personnel costs , real Boards and Commissions . Confirmed property taxes , travel budgets , contract procedures ; review with approval . . the aim of eliminating programs and services available or more efficiently supplied by other governments or organizations ; . eliminate or consolidate overlapping or duplicate programs and services ; scrutinize for reduction any county operation . (Amended 1984 ) Section 28 . 05 . Reports . The commission shall prepare and advertise a written annual report summarizing its recommendations prior to the end of each calendar year . Thereafter , the commission may request that any of its recommendations be drafted in ordinance form for its introduction through the mayor . The mayor shall , with . I mayor ' s comments thereon and within thirty ,working days of .- .-{ Deleted: (3o } ) . receipt , submit to the council for its immediate consideration all ordinances proposed by the commission . (Amended 1984 , 1996 ) Section 28 . 06 Rules and Regulations . The commission shall adopt rules and regulations relating to the operation and management of - 65 - ( 11 / 12 ) • • the commission in order that the commission can - accomplish its , goals and objectives . (Amended 1984 ) Section 28 . 07 . Appropriation . The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical help and pay other operational costs . The , commission shall be provided with the latest mayor ' s annual report and the council ' s latest audit report . The commission is empowered to secure from any department , agency , official or employee , any • report or information the commission requests that is appropriate to its function . All such requests shall be made through the office of the mayor or the jhair of the council for information .-•-jDdeted: chairman ) . . within their respective jurisdictions . (Amended 1984 ) ARTICLE XXIX SALARY COMMISSION I Section 29 . 01 . Organization . There shall be a „salary commission .-{ Deleted: salary Commission , composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in ,section 23 . 01 D of Deleted: section this •charter . (Amended 1988 , 2006 , 2012 ) . . . . _, ...-(Deleted: Charter ], Section 29 . 02 . Policies . The commission shall adopt and , when it deems necessary, may change the policies governing its salary- setting decisions . Amended 1988 , 2006 ) Section 29 . 03 . Resolution . The commission ' s salary findings s shall be adopted by resolution of the commission and forwarded to the . mayor and the council on or before March 15 of any calendar year . The resolution shall take effect without the mayor ' s and council ' s concurrence sixty days after its adoption by the commission unless . rejected by a vote of not less than five members of the council . The council may reject either the entire resolution or any portion , of it . The respective appointing authority may set the salary of • an appointee at a figure lower than the maximum figure established by the salary commission for the position . Provided however , elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their . position , or forego accepting a salary . (Amended 1988 , 2006 , 2012 ) ' 1 Section 29 . 04 Rules . The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law . ( Amended 1988 , 2006 ) Section 29 . 05 Changes in Salary . No change in salary of councilmembers shall be effective during the term in which a . change is enacted or for twenty- four months after a change is - 66 - ( 11 / 12 ) enacted, whichever is less . (Amended 1988 , 2006 ) Section 29 . 06 Administration and Operation . The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties . (Amended . . 1988 , 2006 , 2012 ) 1 ARTICLE JOUC ELECTRIC POWER AUTHORITY I Section 30 . 01 Electric Power Authority . The council may establish ._--{ Deleted: council �. by ordinance an electric power authority corporation for the county, which shall be a body corporate and shall be responsible for the planning , development , production , purchase , transmission, and distribution of all electricity-related services by the , county . If established by ordinance , all provisions of this rticle ;,-•-{ Deleted: Article ): XXX shall be included in the ordinance and no ordinances shall be enacted and no administrative rules shall be adopted which either expressly or by implication conflict with the provisions . . I of this ,prticle . . { Deleted: Article Sections 30 . 02 through 30 . 06 of this ,article XXX shall be ,.....--- Deleted: Article effective thirty calendar days from and after the enactment of - eWd: (30) an ordinance establishing an electric power authority for the County of Kauai . If established by ordinance , the authority shall operate as a separate unit of county government , except as otherwise • . provided in this charter . The authority shall be free from the jurisdiction , direction , and control of other county officers and of the council . . Notwithstanding any provision in the ,charter to the { Deleted: charter contrary , the council may by ordinance enact any further I provisions it deems necessary to implement this oarticle XXX .---{ Deleted: Article is including , but not limited to , provisions concerning the power authority ' s powers , duties , and liabilities , its organization and governing structure , the manner in which officers and employees are elected, appointed , or employed , and the manner in which rates are set and the authority ' s revenues are utilized . Section 30 . 02 . Board of Directors of the Electric Power Authority . There shall be a board of directors of the electric - 67 - ( 11 / 12 ) • . power authority , which shall have exclusive jurisdiction , control , and policy-making responsibility over the authority and all of its operations and facilities . . The board shall have and may exercise all rights , powers , duties , privileges and immunities possessed by the county , which are or may be secured by law including , but not limited to , all powers and duties possessed by the county to construct , acquire , expand and operate the utility , and to do any and all acts or . things that are necessary , convenient , or desirable in order to operate , maintain , enlarge , extend , preserve and promote an orderly , economic and business -like administration of the utility . The board shall adopt articles of incorporation and by-laws _ I consistent with all provisions of this article XXX . Such articles _,..•-{ Deleted: Articie and by-laws may be amended from time to time by the board; however , any such amendments shall be consistent with all .. I provisions of this ,,article XXX . Such articles and by-laws shall P { Deleted: Article 1 also include provisions as are customary to set forth both the corporation ' s purpose and nature and the procedural matters necessary for its governance . The board shall operate as a separate unit of county government , except as otherwise provided in this charter . Both the board and the authority shall be free from the jurisdiction , , direction , and control of other county officers and of = the council . The board may sue or be sued in its own name . All liability for damage claims arising from the operations of the ' board and the authority shall be the responsibility of and be liquidated by the board from the appropriate funds of the authority . Section 30 . 03 . Organization of the Board . A . Number of directors . The board shall consist of seven directors , one of whom shall be the chief executive officer of ' the authority, and six of whom shall be elected-at- large . All seven directors shall be voting members of the board . Charter I Sec . 7 . 05K shall not apply to this ,article XXX . Dewed: Article B . Election and Tenure of Directors . 1 . Directors elected at-large . Directors elected at - large shall be elected at the next regularly scheduled • - 68 - ( 11 / 12 ) . general election after the enactment of the ordinance :+ creating the authority . 2 . Subject to the provision in paragraph D of this • • section that the terms of the first directors who have no licensing or education and experience qualification requirements shall be two years , all directors shall serve terms of four years , unless they die , resign , or are . removed from office pursuant to paragraph D of this • section . The terms of all elected directors shall begin at twelve o ' clock meridian on the first working day of i December following their election . 3 . Term limits of directors . No elected director shall serve as director for more than two consecutive full terms . C . Vacancies . Vacancies shall be filled by the board for the unexpired term . No vacancy on the board shall impair the right of the remaining directors to exercise all the powers of . the board . • D . Qualifications . All persons seeking positions as elected directors shall , upon filing for their candidacies , be citizens ; . . of the United States and registered voters in the „county . In : .-•=� Deleted: county addition , three of the six elected directors shall possess the ' following additional ' qualifications upon filing for their candidacies . Three of the six elected directors must either : • ( 1 ) Have been licensed by any state in the United States for a minimum of five years in engineering , accountancy , or law ; or ( 2 ) Have an undergraduate or graduate degree in business management or business administration from a university or college within the United States accredited f _1 by the Middle States Association of Colleges and Schools , 1 North Central Association of Colleges and Schools , New England Association of Schools and Colleges , Northwest Association of Schools and Colleges , Southern Association 9. of Colleges and Schools , or the Western Association of Schools and Colleges and have worked in the field of r business management or business administration for a '• minimum of five years . All persons seeking positions as elected directors shall • - 69 - ( 11 / 12 ) specify in their nomination papers whether they are seeking to be elected for one of the three director positions which have licensing or education and experience qualification requirements , or the director position which has no such qualification requirements . All persons seeking director positions which have licensing . or education and experience qualification requirements shall execute an affidavit stating that ,such person has satisfied the ) { Ddated: he or she qualification requirements for those positions . The person shall swear to the truth of the allegations by self- subscribing oath in the affidavit . The county clerk shall prescribe the form of the affidavit . If the clerk so desires or believes it . to be expedient , the clerk may demand that the person furnish . substantiating evidence to the allegations in the person ' s . affidavit . If the clerk determines that any person has not satisfied the licensing or education and experience requirements ' of this paragraph D , the person shall be deemed unqualified for the position sought . With respect to any director elected to fill a position , having licensing or education and experience requirements , the following rule shall apply . If , at any time , it is learned that . . any such director has not satisfied these requirements , the board shall immediately remove the director from office . Any vacancies arising from such a removal shall be filled by the board for the unexpired term; provided that all persons • appointed by the board as a result of such a removal shall satisfy , at the time of their appointment , the qualification , requirements for such elected directors . ' For the director positions which have no licensing or education and experience qualification requirements , the three candidates receiving the highest number of votes shall be elected to those three positions . The terms of the first directors who have no licensing or education and experience qualification requirements shall be two years . For the three director positions which have licensing or ' education and experience qualification requirements , the three ti candidates receiving the highest number of votes shall be elected to those three positions . r . The qualification requirements of this paragraph D shall - . not apply to the chief executive officer of the authority . No director may hold any county office , be an officer or . - 70 - ( 11 / 12 ) . employee of the county government , or have been an officer or employee of county government within twelve months of the date . that the director ' s term of office is effective . No director may conduct any business whatsoever with the authority . A director convicted of the commission of a felony shall be ' removed from office when convicted of the felony . i. E . Officers . The board by majority vote shall elect from , __ among its members a chair who shall preside over the meetings of , Deleted: chairman the board, and a vice,chair who shall act for the chair during :__.. Deleted: chairman absences , and may elect from among its members one or more vice- ' • Deleted: chairman presidents , a secretary and a treasurer and assistant secretaries and treasurers . The board shall prescribe and may amend the duties of all such officers . .1 Election of officers shall be held at the first regular • meeting at which all members are present following the , • appointment or election of a new director for a full term, but , not later than the second meeting following the appointment or election . • F . Meetings . The board shall take no action except by the affirmative vote of at least four directors , who shall • constitute a quorum . 1 The board shall meet at least once each month at such times . 1 as the board may prescribe . Except where meetings closed to the public are permitted under applicable law , all board meetings shall be open to the public . Agendas shall be posted pursuant to applicable law . I , G . Errors and omissions . The authority shall hold harmless and indemnify its director , chief executive officer , agents , and 7 . employees to the full extent permitted by law , including, but not limited to , all liabilities , expenses , and losses incurred by its directors , chief executive officer , agents , and employees ., in connection with acts of error or omissions , other than willful violations of laws , committed within the scope of their duties , and shall defend , at the authority' s expense , all i 'I related claims and suits . Section 30 . 04 . Organization of the Authority . r A . Divisions . The authority shall keep separate funds and accounts as required by the uniform systems of accounts for gas, G'. - 71 - ( 11 / 12 ) :, ; . . . : 1. i „. .. . ' • • ,. - -. . . _ ._ . __ . . . _ electricity , water , communications , and other utilities , as promulgated by the Hawai ' i, Public Utilities Commission or the - •{ Deleted: Hawaii F ) ederal Energy Regulatory Commission . B . Policy . The board shall establish an annual budget and written policies governing utility operations to cover such . areas as employees ' duties , customer rates , service rules and termination procedures , expenditures of funds , long-range • . planning , and other appropriate activities . C . Chief Executive Officer . The board shall appoint and the authority shall employ a president and chief executive officer of the authority who shall be qualified by training and I . experience for the overall management of the utility . The chief . executive officer shall serve according to the terms of an . employment contract to be executed between the officer and the board, and shall have such authority as delegated by the board . The salary of the chief executive officer shall be fixed by . the board . The chief executive officer shall , subject to board . approval , ( 1 ) determine the number of employees necessary for . the operation of the utility , and ( 2 ) fix their duties and . . compensation . The chief executive officer shall have control of all actual construction and repairs , the immediate management of operation of the utility, and the enforcement and execution of all rules and regulations , programs , plans , and decisions made or adopted by the board . The chief executive officer shall maintain suitable permanent records regarding actions taken . The chief executive officer shall prepare plans and specifications , . take bids , and let contracts , subject to the approval of the • board . The chief executive officer shall prepare and submit to, the board periodic reports on the utility' s compliance with local , state , federal laws in the areas of safety , environmental matters , and civil rights . D . Other employees . There shall be such other officers and employees of the authority as may be provided by the board . The officers and employees shall be appointed and removed by the ; chief executive officer subject to the provisions of applicable local , state and federal laws or binding contracts entered into with employees and the authority , or both . E . Surety bonds . The board may require surety bonds for any H of the officers and employees of the authority in such amounts • as the board deems necessary . The premiums for the bonds shall . be paid by the authority in the same manner as any other . - 72 - ( 11 / 12 ) operating expense . Section 30 . 05 . Powers and Duties of the Board . • • A . Real estate and contracts . The board , in the efficient and economical operation of the authority , may, as state law permits : ( 1 ) sell its products and services to the public and private corporations and to other consumers ; ( 2 ) construct and ! operate plants and operate distribution system, transmission lines , and other facilities ; ( 3 ) purchase real estate and franchises ; and ( 4 ) enter into all contracts , leases , and agreements in furtherance thereof . • B . Joint operations with others . The board may enter into , Ma contracts and agreements with any public or private corporation or any individual , both inside and outside the boundaries of the i . county and lstat4: ( 1 ) for the joint use of property belonging comment [cHSBa]: xefers to State of either to the authority or to the other contracting party or Hawaii ; should be capitalized jointly to both parties ; and ( 2 ) for the joint acquisition of real and personal property , rights and franchises , and the joint financing , construction , and operation of plants , buildings , transmission lines , and other facilities . C . Eminent domain . The board may enter upon any land or water for the purpose of making surveys and may exercise the right of eminent domain in like manner as the county , and to the . same extent as the county , when the board determines that public necessity or convenience requires such action . D . Use of thoroughfares for utility installations . The . board may use the ground over , under , or along any road , railway , highway , street , sidewalk , thoroughfare , alley , or . waterway in the operations of the authority , but shall in all cases and subject to the applicable general regulations of the '. county and IStatt cause the surface of the public way to be _ . comment [cHs82]: same as above restored to its usual condition . icomment . ,., E . Rates . The board shall fix rates and other charges to be assessed against each customer class for electrical services rendered by the authority . Rates and other charges for each customer class shall be based on the cost of the service provided and be just , reasonable , compensatory , and without ' . 1 undue preference or discrimination . The board may require reasonable deposits as security for the payment of charges for utility services and may provide for ; the return of the deposits when satisfactory consumer credit has r - 73 - ( 11 / 12 ) • been established . F . Authorization for expenditures . No money shall be drawn from the funds of the authority nor shall any obligation for the expenditure of money be incurred except in conformity with authorization by the board . No claim against the authority shall be paid unless evidenced by a voucher approved by the chief executive officer or by some other employee to be designated by the chief executive officer . • G . Use of utility funds . All utility revenues shall be directed to the provision of utility services and not applied to `' the general fund of the county, unless the transfer of revenues constitutes a payment in lieu of taxes . Except for those taxes that are assessed pursuant to county, state , or federal law , no other taxes or fees , or both , shall be assessed against the 7 authority . Nothing in this section G . shall prohibit the authority from entering into such business arrangements or contracts , or both , with the county as the board may deem advisable . H . Bond issues and other indebtedness . Subject to applicable state laws , the board may authorize the issuance and sale of revenue bonds or other types of indebtedness necessary - _ to finance the acquisition , construction , improvement , and extension of the utility facilities owned by the county or authority , including facilities owned or operated jointly with others . Use of general obligation bonds may entail approval by < the county council . • I . Short- term indebtedness . The board may borrow money for periods not to exceed three years and may issue negotiable notes , payable from the revenues of the authority , as evidence of the indebtedness . The action of the board may be by resolutions that may be adopted at the same meetings at which fr the resolutions are introduced and shall take effect immediately `. upon adoption . J . Investment of surplus funds . The board may invest r` surplus funds of the authority in securities that are deemed ' - safe and as may be authorized by specific action of the board . K . Delegation of powers . The Board shall retain powers >:- . relating to budget approval , rate setting , and long-term indebtedness ; however , it may from time to time delegate in y writing other powers to officers or employees responsible to it , as may be necessary . - 74 - ( 11 / 12 ) _ 1 • . . . .. . • Section 30 . 06 . General Provisions . A . Disposition of Power Authority . The county council shall have no authority to cease to operate , or to sell , lease , abandon , or in any other way dispose of the electric power authority under this article XXX , without first holding a public -.•-{ Deleted: articie 11 hearing during which a certified public accountant shall present a report to the county council concerning the revenue that has been earned by the electric power authority throughout the county' s ownership , and an analysis of the revenues to be lost : by the county through the proposed sale of the electric power authority . There shall be two council votes at least six ,calendar .,-.-•{ Deleted: ce) months apart to call a referendum election concerning a sale of the authority . The county shall hold a referendum election which must be passed by a majority of the voters , voting at the election , to approve a sale . The referendum election shall be held at the next regularly- scheduled general election . B . Existing obligations . Contracts and obligations relating to the electric power authority which were incurred prior to the I effective date of sections 30 . 02 through 30 . 06 shall not be -----{ Formaued: Highlight 1 , impaired and shall be binding upon the board insofar as they apply to the authority . C . Repeal of prior ,county charter provisions and ordinances . _ { Ddeted: county All county charter provisions and ordinances and parts of county charter provisions and ordinances inconsistent with any I provision of this ,article XXX are hereby repealed ; however , all { Deleted: Article ) ' county charter provisions and parts of county charter provisions that are not inconsistent with any provision of this erticle XXX , • Deleted: article including , but not limited to , Article XX of the charter , shall __ Deleted: Article apply to this ,article XXX . Deleted: Article . D . Severability of provisions . If any provision of this " I ,article XXX , or the application thereof to any person or -,_.--{ Deleted: Article circumstance is held invalid, the invalidity shall not affect I other provisions or applications of the ,article which can be given ,,,,.--{ Detested: Article , . effect without the invalid provision or application , and to this I end the sections , subsections , and parts thereof of ,article XXX Deleted: Article 1 : are severable . " ( Amended 2002 ) - 75 - ( 11 / 12 ) • it ARTICLE 200XI g' • DEPARTMENT OF PARKS AND RECREATION Section 31 . 01 . Organization . There shall be a department of parks and recreation consisting of L.parks and recreation director and : - commmt [I83]: cnsistent with 2006 j any necessary staff . ;, amendment l Section 31 . 02 . Director . The parks and recreation director shall if, be appointed and may be removed by the mayor . The director shall (. } . :j have had a minimum of five years of experience in a responsible . administrative capacity, either in public service or private business or both , and shall be the administrative head of the I ' department . 1 . Section 31 . 03 . Powers , Duties and Functions . Except as otherwise provided by law , the director of parks and recreation shall : A . Plan , design , construct , operate , and maintain all parks and recreational facilities of the county . B! Develop and implement programs for the cultural , / ,j'' recreational , and other leisure-time activities for the people of the county . C . Beautify the public parks and recreational facilities of ';. • the county . h ti D . Perform such other duties as may be. prescribed by the -� mayor or by ordinance . (Amended 2006 ) r. ARTICLE X10CII f, COUNTY AUDITOR Section 32 . 01 . Office Established; County Auditor . A . There is established within the legislative branch an a office of the county auditor , to be headed by a county auditor who I shall be appointed by the county council and shall serve for a p _� period of six years , and thereafter, until a successor is 41 appointed . The salary commission shall fix the salary of the county auditor . The county council, by two-thirds vote of its t � membership , may remove the county auditor from office at any time . , . - 76 - ( 11 / 12 ) tf • • r, r for cause . B . The county auditor shall possess adequate professional proficiency for the office , demonstrated by relevant certification , such as certification as a certified internal auditor or certified public accountant , or have an advanced degree in a relevant field with at least five years experience in the field of government auditing , evaluation , or analysis . A certified internal auditor or certified public accountant shall be • preferred . The county auditor shall have a bachelor ' s degree in . accounting , business administration , or public administration or related field . If financial statement audits are conducted, the county auditor shall be a certified public accountant . C . Except for exercising the right to vote , neither the auditor nor any member of the office of the county auditor shall support , advocate , or aid in the election or defeat of any candidate for county public office . D . The county auditor may appoint the necessary staff for which appropriations have been made by the county council . Subject to the provisions of this charter and applicable rules and regulations adopted thereunder , the county auditor shall have the same powers with respect to the personnel of the office of the . county auditor as department heads have over their personnel . Staff shall be appointed by the county auditor in a manner consistent with the merit principles , devoid of any bias or • prejudice . Section 32 . 02 . Powers , Duties , and Functions . A . Pursuant to County Charter ,article III , Section 3 . 17 , deleted: Article Investigation , the county council is empowered to establish the office of county auditor . It shall be the duty of the auditor to conduct or cause to be conducted : 1 . The independent annual or biennial audit of all county funds and accounts to be conducted by a certified public accountant or firm of certified public accountants as �. required by section 3 _12 _ of • the count_y _ charter ; ... ...... .. .... ....... ... . .. . {. Deleted: Section 2 . Performance audits of the funds , programs , and r operations of any agency or operation of the county as requested by the council by resolution , as authorized by ✓section 3 . 12 ; .4 Deleted: section. 3 . Performance and financial audits of the funds , programs , and operations of any agency or operation of the county, as determined by the county auditor to be warranted . Before the commencement of each fiscal year , a plan of the - 77 - ( 11 / 12 ) . S audits proposed to be conducted by the county auditor during the fiscal year shall be transmitted to the county council - for review and comment , but not approval . The plan also shall be transmitted to the mayor and filed with the county clerk as public record; and 4 . Follow-up audits and monitoring of compliance with audit recommendations by audited entities . The county auditor shall conduct or cause to be conducted all audits in . accordance with government auditing standards . A B . Audit findings and recommendations shall be set forth in `: written reports of the county auditor , a copy of which shall be 4 _ transmitted to the mayor and to the county council and filed with : . the county clerk as public record . v;. . .• C . For the purposes of carrying out any audit , the county auditor shall have full , free , and unrestricted access to any county officer or employee and shall be authorized to examine and ,- inspect any record of any agency or operation of the county, to .. 4 administer oaths and subpoena witnesses and compel the production 3, of records pertinent thereto . If any person subpoenaed as a witness or compelled to produce records shall fail or refuse, to respond thereto , the proper court , upon the request of the county 7 auditor , shall have the power to compel obedience to any process ' of the county auditor and to punish , as a contempt of the court , any refusal to comply therewith without good cause . The county auditor may retain special counsel , in the manner authorized by ?_' the county council , to represent the county auditor in - ---4 implementing these powers . False swearing by any witness shall constitute perjury and shall be referred by the county auditor to the prosecuting attorney for prosecution . In any audit which concerns the alleged gross misconduct or alleged criminal conduct on the part of any individual , such individual shall have the - right to be represented by counsel and the right to have the ;; county auditor compel the attendance of witnesses on behalf of the L' individual . 1 . '3 D . The county auditor ' s performance shall be evaluated A annually by the county council . The county auditor ' s audit activities shall be subject to quality review in accordance with applicable government auditing standards by a professional , non- !. . partisan , objective group . - The written report of the independent review shall be transmitted to the county council and mayor and filed with the county clerk as public record . 1 E . For the purpose of this section and section 3 . 12 : "An ) agency or operation of the county" includes any administrative - 78 - ( 11 / 12 ) r . • agency, semi-autonomous agency, council office , and other establishment of county government supported, in whole or in part , by county or public funds . "Council office" includes the county council itself, the office of a councilmember and the councilmember ' 4 immediate staff , _..--1.comment [cH584]: one or two words? the office of the county clerk . This definition applies only to those sections . It shall not be construed as excluding the office of the county auditor and the legislative branch . "Record" includes any account , book , paper , and document , and any financial affair , notwithstanding whether any of the preceding is stored on paper or electronically . . Section 32 . 03 . Audit Committee . A . The county council may establish laid audit committee , the comment [185]: Consistent with members of which shall individually advise the county auditor on amendment the following : formulation of the plan of audits proposed to be l Deleted: and conducted by the county auditor pursuant to ,section 3.2 . 02 C ; Deleted: Section conduct of audits , follow up of audits ; selection of private contractors to perform audits for the county auditor ; evaluation of preliminary audit findings and recommendations and county . agency, officer , or employee responses to the preliminary findings and recommendations ; and evaluation of the county auditor ' s . performance during each fiscal year . If established, the audit committee shall consist of five members . 1 . One member shall be the chair of the county council committee with jurisdiction over the administrative budget . ordinances ; and • 2 . The other members shall be appointed by the county council . The county council shall appoint members who are . qualified by experience , expertise , and independence to perform the duties of the audit committee . A member appointed by the county council shall not hold any other office or position with the county while on the audit committee . The method of appointment , terms , and specific qualifications of the appointed members shall be established by the county council by ordinance or rule . The county council also may establish by ordinance or rule provisions for the removal of an appointed member for cause . The audit committee shall be within the office of the county auditor . B . Members of the audit committee shall advise the county auditor . All audit committee meetings shall be open to the public I except as provided for in ,chapter 92 , Hawai ` i Revised Statutes . ..-.{ Deleted: Chapter - 79 - ( 11 / 12 ) C . The chair of the audit committee shall be appointed by the county council in the manner provided by ordinance or rule . A . meeting of audit committee may be called by the committee chair or county auditor . • D . Members appointed by the county council shall not be , entitled to compensation for serving on the committee . The member . from the county council shall not be entitled to compensation for . serving on the committee that is additional to the compensation received as a Icouncilmembez . All members , however , shall be _•-{ Comment [Cess6]: One or two words . entitled to be reimbursed for travel and other necessary expenses loo word search of entire document incurred by them in the performance of their official duties . E . Section 23 . 02 . Boards and Commissions shall not apply to the members of the audit committee . Section 32 . 04 . Transition Provision concerning the Transfer of . Audit Functions to the Office of the County Auditor . . A . All lawful obligations and liabilities owed by or to the office of the county clerk relating to financial and performance audits on June 30 , 2009L shall remain in effect on July 1 , 2009 . • The obligations and liabilities shall be assumed by the office of . the county auditor . • All contracts held by the office of the county clerk relating to financial and performance audits , which are to remain effective after June 30 , 2009 , shall be assumed by . . the office of the county auditor . The contracts shall continue in . effect until fulfilled or lawfully terminated . All financial and performance audit activities administered by the office of the . county clerk on June 30 , 2009 , shall be assumed by the office of the county auditor on July 1 , 2009 . B . On July 1 , 2009 , all records , data , and information held by the office of the county clerk relating to financial and performance audits which have not been completed as of June 30 , 2009 , shall be transferred to office of the county auditor . C . The legislative auditor ( program analyst V ) and program support tech positions in the office of the county clerk on June 130 , 2009L shall continue with the office of the county auditor on July 1 , 2009 . These employees , if positions were already filled, . shall continue service without any loss of vacation allowance , sick leave , service credits , retirement benefits , or other rights and privileges because of the charter amendments . Nothing in this subsection , however , shall be construed as preventing future changes in the employees ' status pursuant to the county auditor' s . powers with respect to personnel in the office of the county — B0 — .d ( 11 / 12 ) • auditor . (Amended 2008 ) a- ' - >. ' r, 7 2004 CHARTER AMEHMDENT � , \� (Relating to real property taxation) 1 Declared unconstitutional pursuant to article VIII , section • 3 of the Hawai ' i Constitution . County of Kaua ' i v . Bryan J . Baptiste , Mayor , County of Kauai , et al . , 115 Hawaii 15 , 165 P . 3d 916 (August 6 , 2007 ) , as corrected August . 7 , 2007 , reconsideration denied September 6 , 2007 It is the policy of the County that resident taxpayers should be t { Forenamed: Left equitably protected when there are significantly rising real - =+ estate values and government costs . Therefore , for County _ . . . • residents who have owned and occupied their place of residence beginning in or before the fiscal year 1998 -1999 , then for the { . -i next fiscal year after the adoption of this section real property taxes with respect to such residence shall not exceed the amount of such tax assessed for the 1998 - 1999 fiscal year . For County residents acquiring their place of residence after the fiscal . year1998 - 1999 their real property taxes with respect to such residence for the next fiscal year after the adoption of this section shall not exceed the amount of tax assessed for the fiscal 'a : - year the ownership and residence commences . For all such taxpayers " in no fiscal year after the year in which the tax was restored to the amount in 1998 - 1999 or the year of acquisition , whichever is - . : applicable , shall the percentage increase in real property tax . : with respect tb such residence exceed the lesser of the percentage c rate applicable at the commencement of such fiscal year for the { cost of living adjustments in retirement benefits by the Social Security Administration , or two percent ( 2 % ) . Promptly following its adoption the County shall notify in writing all owners of residential property in its property tax records of the principal is terms of this section . The County shall adopt such ordinances , ' ' . . laws , rules and regulations as are necessary to carry out and are consistent with . the purpose of the foregoing policy and the terms of this section . (2004 General Election Charter Amendment - • -• - 81 - r t. • I I keel y }i`71' • 4t y1 . s Y i e 4Va I 4uestion) _ . _...•..._. _a a,. Deleted I 9 - 3 fy • I S ` \ s°84 DIY IPA 11 r'P?IP 1 n t1 I tL 3 ,Y • N" y` t > 1 : S�*.. ' s • • a41 k ; �aV S ,b,,, L. Y 4.eti, �� q ti, .. .` m � 4 �,•�aN``�x:re, :Yp c �4a.; SIT eiti*. /Vik•I R rq. ',! � 14 ^'� 'I75 82 — • (11/12) • rr )4y.�T�I�yy`��yy � • • • • a . °. County Council — Proposal for 7 Districts Ballot Question: Shall Council members be elected by district, from seven districts of roughly equal population? Charter language: There shall be a county council composed of seven members. One member shall be elected from each of the seven districts. The terms of the council members shall be two years and shall begin at twelve o ' clock meridian on the first Monday of December after their election. The terms of the council members shall not exceed four consecutive two year terms, including any terms served before this districting provision became effective. Candidates shall be elected in accordance with the election laws of the state, insofar as applicable. 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 At the general election, the candidates receiving the highest number of votes for each vacant district council office shall be elected. Tie votes. In the event of a tie vote for the last remaining 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. Districts shall be apportioned by a reapportionment commission before the elections of 2016 and every 10 years thereafter. &e ' aZ 40 ice amount of the unencumbered balance thereof or below any amount required by law to be appropriated . (Amended 1992 ) Section 19 . 12 . Lapse of Appropriations . Every appropriation shall . lapse at the close of the fiscal year to the extent that it has ' . not been expended or encumbered, except appropriations to the fund I established by paragraph C of section 19 . 15L and appropriations • . for capital budget items where any portion of said appropriation has been expended . ( Amended 2002 ) .. Section 19 . 13 . Payments and Obligations . A . With the exception of debt service charges , no payment . shall be authorized or made and no obligation incurred against the county, except in accordance with appropriations duly made and under such procedures and policies as may be established by ordinance . Every obligation incurred and every authorization of payment in violation of the provisions of this charter shall be . void . Every payment made in violation of the provisions of this charter shall be void . Every payment made in violation of the . provisions of this charter shall be illegal , and all county • officers who knowingly authorize or make such payment or any part thereof , shall be jointly and severally liable to the county for the full amount so paid or received . _^f° • any. 'county officer . o - mp'loyee owingtyy'"authorizes. ' or '-makes any payments or incurs an obligation in violation of the provisions of this charter , or i' . ; iolation of the provisions of the procedures. and policies . , . •- stablished by ordinance. or :La es ! a, t- therein, . - a -- action i sha- as �. _ . .... . r. +..r..�wna I cause : for_ _. e . oval : • - �,comnient(GHS40]: ReWrite ae ;-follows : The gaction of any county J . officer or employee who knowingly. % 1 B . Nothing contained in this section or other sections of ' . . , or takes part therein, shall °� this charter shall be construed to prevent the making or because for�.removel_... I authorizing of payments/. or making of contracts for capital - Deleted: his . r' improvements to be financed wholly or partly by the issuance of . • bonds , nor shall it prevent the making , when permitted by law , of a. . 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 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 ) . �Rc GaAs - / 8 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 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 . 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 ] . .1 . • _ (proposed by request ) . +,, • - (:) ' . : I . • . • . . . I , 0 . , . �. . , . . . • . . . . , • r. ` . - ` . - . - o ' - , 21 . . I. - - • , . , . . 2 .. - . . 4 I • . .. . ei 1 • 0 . - , • . . • , 0 • I 1 I I ,• County Council - Article III • - - . 1 Section 3 . 03 . Terms . The terms of office of councilmembers shall be for two years beginning at • twelve o ' clock meridian on the first •-• - working day of December following their election . [ No person , shall f be elected to the office of councilmember for more than four • consecutive, : two year terms : ] ( Amended 1980 , 1984 , . 2006 ) . ,, (proposed by request ) ..„ 1 • _ 4b 1 �-•• • , :4 It ' . . r r � • . I . 1--i- Y •• -•4 I • . - •• .- 1 I . I •• . . i I 1 . • . . J 1 • ■ - •I • .1 •. • I • • i' I 1• .2 • ' • • . .. 1 .. Attorney Commission Amendment Article XXXII! — 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 cCounty 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 Actina-Countv Attorney 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 j oversight of the County Attorney, with its members appointed jointly by the Mayor and Council? • \ % I t.V 1F: ., •