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HomeMy WebLinkAbout2013_1216_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, December 16, 2013 3 :00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, LXu'e, HI 96766 CALL TO ORDER C_` APPROVAL OF MINUTES Regular Open Session Minutes of October 28, 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) (Deferred on 10/28/13) CRC 2013- 16 Request from the Civil Service Commission requesting consideration of a Charter Amendment Proposal for Article XV changing the name from "Personnel Services" to "Human Resources" CRC 2013- 17 Section 22.06 Initiative and Referendum as it relates to the creation of a subsection E requiring legal review (_ .. CRC 2013 - 18 Section 7.01 Mayor as it relates to Term of Office and the removal of term limits CRC 2013- 19 Section 3 .03 Council as it relates to Term of Office and the removal of term limits CRC 2013-20 Election of Chair and Vice Chair for 2014 CRC 2013-21 Approval of 2014 Meeting Schedule ANNOUNCEMENTS Next Meeting: Monday, January 27, 2014 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. An Equal Opportunity Employer ADJOURNMENT EXECUTIVE SESSION Pursuant to Hawai `i Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1 . Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3 . Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5 . If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 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 — December 16, 2013 2 I P a g e COUNTY OF KAUAI " " "� Minutes of Meeting OPEN SESSION Board/Committee: I CHARTER REVIEW COMMISSION Meeting Date I October 28, 2013 Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 p.m. I End of Meeting: 6 : 15 p.m. Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members: 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. Audience Members: County Councilmember JoAnn Yukimura, Community Member Bert Lyon Excused Member Mary Lou Barela Absent SUBJECT DISCUSSION ACTION Call To Order Chair TenBruggencate called the meeting to order at 4:00 pm with 6 Commissioners present. The Chair said he would add the 2 communications from Bert Lyon to Item CRC 2013- 15 and the agenda stands approved as submitted. Approval of Regular Open Session Minutes of September 23 , 2013 Mr. Justus moved to approve the minutes as Minutes circulated. Mr. Guy seconded the motion. Mr. Justus stated on Page 6 there was no record of him giving thanks to Barbara for help with the language regarding the elections and districting; he believes it is necessary to thank those who help the Commissioners. Motion to approve the minutes as corrected carried 6 :0 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) o P Noting Mr. Shiramizu was not available for this meeting, Chair TenBruggencate requested a motion to defer the item to November. Mr. Justus moved to defer. Mr. Stack seconded the motion. Motion carried 6 :0 CRC 2013 - 13 Discuss whether to propose a charter amendment to clarify Charter Review Commission Open Session October 28, 2013 Page 2 SUBJECT DISCUSSION ACTION language as relates to the term removal in Section 19. 13 A (Deferred 9/23/13) Mr. Stack said he wanted to discuss whether there was a better alternative for the term removal and what was meant by the word. Chair TenBruggencate asked if it should be extended to say removal from office. The Chair said for him cause for removal clearly meant removal from office, and asked the Attorney if clarifying it to say removal from office would be a substantive change. Attorney Winn said that would be a substantive change. Mr. Nishida moved to receive CRC 2013 - 13 . Mr. Justus seconded the motion. Motion carried 6 :0 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 Chair TenBruggencate said this series of amendments was proposed by Mr. Justus and he would suggest looking at each proposal briefly, and if the Commission deems them worthy of further serious discussion that they Charter Review Commission Open Session October 28, 2013 Page 3 SUBJECT DISCUSSION ACTION become independent agenda items. At this point Chair TenBruggencate mentioned he would not be at the next meeting and the Vice Chair would be running the meeting to which Mr. Justus announced he would also not be at the November meeting. Based on the absence of the Chair and Vice Chair at the next meeting, Chair TenBruggencate recommended Mr. Stack, as a past Chair serve as the Chair Pro-Tern. Mr. Nishida moved to elect Pat Stack as Chair Pro- Tem for November. Mr. Justus seconded the motion. Motion carried 5 :0 (Mr. Guy momentarily out of the meeting room) CRC 2013 - 15 Discussion and consideration of aproposal to elect Councilmembers by district from seven roughly equal populated districts With the arrival of Ms. Yukimura and Mr. Lyon, Chair TenBruggencate moved to the item proposing the creation of seven roughly equal districts to be elected by district for the County Council. Ms. Yukimura provided written testimony (on file) and stated she was there as an individual Councilmember. The key questions are, is the present system broken, and if so in what way will districting solve the ways it is broken or will it make things worse. Proposals on districting will be a structural change on a very basic system, and will affect how decisions are made on the County Council. The main question should be, will this structure being proposed produce the best decisions for the common good of the people of Kaua`i. It appears the part of the thrust for districts is how to make it easier for candidates to run, but that should not be the main question. It is harder to be a candidate in an at-large system, and probably more expensive, but it may make for better decision making that the candidate has to know about the whole island and the issues around the Charter Review Commission Open Session October 28, 2013 Page 4 SUBJECT DISCUSSION ACTION island, both district issues as well as island-wide issues. With a district system there is no incentive to know about the whole island, and districts would create a momentum toward separation rather than unity. It will put incentives on thinking by districts rather than thinking of the island or county as a whole. If a councilmember is accountable to everybody they have to think about what the best decision would be. When a councilmember has to vote for their district's interest because their political future depends on it, it may not be for the higher good of the island or the county. Ms. Yukimura does not think the population is large enough at this point that it needs to be broken down by districts. When it does get to that point, a system where the majority is elected at large will still be very important. An at-large system gives voters more possibility of representation that a districted system because of the probability that one or more of your candidate choices get elected. There is also the possibility that a district system will not allow the best candidates on the island to surface and be elected. Mr. Lyon provided written testimony (on file) and said he is a proponent of council districting. It is Mr. Lyon' s belief that the system is broken, and that the council race is more of a popularity race. He further noted he cannot remember a race where two councilmembers debated each other on a single issue before the public. Mr. Lyon said he would prefer having one vote in his district where he knows the candidates rather than seven votes for people he does not really know, and does not know how they stand on the issues by what they say during the campaigns. More often than not the top seven vote getters are the top fundraisers. Mr. Lyons felt that Kauai was now at the population point where the neighbor island had established their forms of districting so he did not think Kaua`i was too small. Mr. Lyon provided a worksheet to the Commission showing the population breakdown for a 7 district proposal. If districting goes to the ballot it may Charter Review Commission Open Session October 28, 2013 Page 5 SUBJECT DISCUSSION ACTION as well go pure districting because mixing districting with at-large does get confusing. He said he wants to have the opportunity for a minority voice to be on the council. Mr. Lyon also stated that within the last 24 hours he became a strong supporter of the 7 district council. Chair TenBruggencate thanked Mr. Lyon for the remarkable amount of work he put in on the worksheets provided to the Commission. Chair TenBruggencate suggested the Commission look at taking this issue to some type of public forum. Attorney Winn pointed out at the last meeting the motion for a panel to take this issue to public forum failed, and currently there is no motion on the floor. Mr. Guy felt they had gone to the public, whether it was electronic or meetings in Lihu`e, and stated this is the public forum. Mr. Justus moved to accept this item as a Charter amendment. Attorney Winn stated the main motion was deferred to this meeting and. had not been voted on yet. Mr. Justus called for the vote. Mr. Guy seconded the motion. Attorney Winn explained they would be voting on the exact language proposed, and then it would have to go to the Attorney' s Office for legal review with the results coming back to the Commission. The Commission would then have one more opportunity to vote on whether the proposed amendment would go on the ballot. Ms. Suzawa pointed out that in the past it appeared that during the meetings there was support for an amendment on the county manager proposal. When it went out to community meetings, the outcome was very different from what was discussed at the Commission meetings. This proposal should be given the same opportunity rather than setting it up for misunderstanding later. Attorney Winn said that was voted down at the last meeting. Charter Review Commission Open Session October 28, 2013 Page 6 SUBJECT DISCUSSION ACTION Mr. Justus asked if the language in the packet is what the Attorney would review. Attorney Winn said yes. Mr. Justus said the language in the packet is not suitable for Charter language. Attorney Winn said the proper format is not at issue; it is whether or not the Commission has the authority to do this. Attorney Winn said she would assume this is the language the Commission wants, and it would just be a matter of placing the brackets and underscores at a later time. Chair TenBruggencate called a recess at 5 :22 p.m. The meeting resumed at 5 :30 p.m. Chair TenBruggencate said he misunderstood and thought the language could be written later if the concept was approved. He further stated that Mr. Justus said he could put together the proper language if the Commission could recess for an additional ten minutes. Mr. Nishida moved to defer this item until such time as it can be taken out for public meeting. Attorney Winn pointed out that a subcommittee took the issue of the county manager to public meetings, which did not require agenda postings. Chair TenBruggencate said they could establish a full public hearing in this room or multiple hearings in multiple locations. Attorney Winn said the public can attend the meetings at any time; this is not a body that is required to hold public hearings. Mr. Nishida moved that a subcommittee of 3 members go out to the public for a series of meetings to chit chat about districting. Ms. Suzawa seconded the motion. Mr. Justus reminded the Commission they do not have the proper language to vote on, and he is requesting ten minutes to put the proper language together. Attorney Winn stated the main motion still has not been voted on. Chair TenBruggencate said he understood the proposal is to defer this matter until such time as a 3 member subcommittee has been formed to go out and hold public meetings. Mr. Nishida added that it is based on what Charter Review Commission Open Session October 28, 2013 Page 7 SUBJECT DISCUSSION ACTION was currently submitted, not the new proper language. Mr. Stack said there is already a subcommittee to which Attorney Winn advised the Commission that subcommittee had completed its function so a new subcommittee would be required. Mr. Guy asked why they were forming a new committee to go back out on districting to which the response was because it is the motion on the floor. Mr. Justus said he understood the desire to go out and get the public's opinion, but it is also important to consider that the people who show up to public meetings do not necessarily represent the majority of people who vote; they may be the majority in the room, but not necessarily represent the majority, which makes it difficult to gauge what the public' s reaction is. The best way to get the public' s opinion is to ask them on a ballot. Motion to take this districting proposal to the public carried 4:2 (nay-Justus; Guy) Chair TenBruggencate appointed Ed Justus, Jimmy Nishida and Joel Guy to the subcommittee to go out to the public, gauge their reaction on a 7 district proposal with a report back to the Commission as a whole at the February meeting. Attorney Winn reminded the Commission that the body cannot discuss the report until the next meeting; if the Commission votes favorably it goes to the Attorney for legal review, with no guarantee of a specific turn-around time, and then it returns to the Commission for a final vote. Chair TenBruggencate asked if other commissioners could show up at the meetings if they stand quietly in the back. After explaining that would require a posted agenda, Chair TenBruggencate questioned the first amendment rights to which Attorney Winn said first amendment rights are different when it is part of their job. Asked if the subcommittee needs the language for the ballot question, Attorney Winn said that could be part of n Charter Review Commission Open Session October 28, 2013 Page 8 SUBJECT DISCUSSION ACTION the report they provide. The subcommittee can make recommendations in their report to amend the proposal, but they cannot amend it on their own. Chair TenBruggencate said that Ms. Morikami had pointed out the fourth paragraph on Tie Votes does not make any sense given a 7 member district and recommended removing those three lines. Attorney Winn cautioned that if the Chair was going to start amending the proposal then all the changes should be made and put into Ramsayer format. Mr. Nishida moved to remove the three lines regarding Tie Votes. Mr. Stack moved to recess the meeting at 5 :48 p.m. to allow Mr. Justus to make the necessary changes to the proposal. Mr. Justus seconded the motion. Motion carried 6:0 The meeting was called back to order at 6 :02 p.m. Chair TenBruggencate said there is a proposal on the floor, which would require a motion to amend the language for a 7 member district. Mr. Justus so moved. Ms. Suzawa seconded the motion. Mr. Justus explained the only changes made in Section 1 .03 were changing "at-large" to "district". Motion to amend the proposal for a 7 member district carried 6:0 Mr. Stack made a motion to reconsider the vote just taken on districting. Motion died for a lack of a second. (continued) Chair TenBruggencate recommended because of the late hour that the Commission simply vote on whether the items proposed go on the next meeting' s agenda as separate items. Charter Review Commission Open Session October 28, 2013 Page 9 SUBJECT • DISCUSSION ACTION CRC 2013- 14 Section 32.01 County Auditor as it relates to electing the county auditor instead of appointment by council Mr. Justus moved to place §32.01 on the November agenda as a separate item. Motion died for lack of a second. Section 22.06 Initiative and Referendum as it relates to the creation of a subsection E requiring legal review Mr. Justus moved to place §22.06 on the November agenda as a separate item. Mr. Guy seconded the motion. Motion carried 5 : 1 (nay- Nishida) Section 7.01 Mayor as it relates to Term of Office and the removal of term limits Mr. Justus moved to place §7.01 on the November agenda as a separate item. Ms. Suzawa seconded the motion. Motion carried 4:2 (nay-Guy, TenBruggencate) Section 3 .03 Council as it relates to Term of Office and the removal of term limits Mr. Justus moved to place §3 .03 on the November agenda as a separate item. Ms. Suzawa seconded the motion. Motion carried 4:2 (nay-Guy, TenBruggencate) Article XXXIII New article creating an Attorney Commission for oversight of the County Attorney's Office Mr. Justus moved to place Article XXXIII on the November agenda as a separate item. Mr. Stack seconded the motion. Motion failed 2 :4 (nays- Nishida, Suzawa, Guy, TenBruggencate) Announcements Next Meeting: Monday, November 25, 2013 , 4:00 p.m. Commissioner Stack will chair that meeting. Chair TenBruggencate 0 Charter Review Commission Open Session October 28, 2013 Page 10 SUBJECT DISCUSSION ACTION requested that the December meeting be moved up so as not to interfere with the holidays. Staff to confirm the availability of December 16 as the meeting date. Adjournment Chair TenBruggencate adjourned the meeting at 6 : 15 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk Jan TenBruggencate, Chair ( ) Approved as is. ( .) Approved with amendments. See minutes of meeting. • • ' I 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: (20%i r ) egistered 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 o that each signer understood it to be a recall petition of a specific elected officer . (Amended 1984 ) r 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 thirty; days after the filing, with the --. .-•{ Deleted: 030 ) 1 clerk , of the affidavit stating the name and office of the officer sought to be removed . Within ten ,days from the date of the filing _-, . . --{ Deleted: o.o ) ) of such petition , the clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of .the .. .---{ Deleted: his 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 ) 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 tern, days after the date of the - -{ Deleted: ( 10) ) certificate of insufficiency by the clerk . The clerk shall within five Flays after such supplemental petitions are filed make a like _ _ -- Deleted: (s ) examination of them, and if ,the clerk ' s certificate shall show the - .. Dd ; his same to be still insufficient , ,the clerk shall return it in the Ddetad: 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 ci i 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 I be sufficient , the clerk shall promptly notify in writing the - . . - - { Deleted: he ) officer sought to be recalled of such action . If the official I whose removal is sought does not resign within five ,days after . ,-- --{ Deleted: (s( { 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 „tor more than ninety flays after the { Deleted: (75) petition has been presented to the official , at the same time as ' Ddb: ( 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 the time aforesaid . If less than fifty percent ,of the total number ., -.--{ Deleted: ( 50% ) 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 ) c; ) 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 fdr the remainder of I ,the incumbent ' s unexpired term subject to the recall as before , • { Ddeted: hia 1 - 64 - ( 11 / 12 ) except as provided in this charter . If recalled in the recall election , ,the incumbent shall be deemed removed from office upon _.. .--tDeleted: he J 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 _ -. - tDeleted: hia 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 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 2 . 1984 ) ARTICLE XXVIII COST CONTROL COMMISSION Section 28 . 01 . There shall be a bounty cost control commission J - .. - - Commentp79]: uses caps in original composed of seven members not employed in government service . but that is not consistent with the rest of the charter (Amended 1984 , 2006 ) . - - 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 ( 2006 ) 1 •- Comment [CHSBO]: Repealed by a 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 P 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 mayor ' s comments thereon and . within thirty working days of ~ -..- •-f 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 ,chair of the council for information _...-{ Deleted: chairman ) within their respective jurisdictions . (Amended 1984 ) _ ARTICLE XXIX SALARY COMMISSION Section 29 . 01 . Organization . There shall be a „salary commission ..•- fDdeted: 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 1 this charter . (Amended 1988 , 2006 , 2012 ) Deleted: charter SJ 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 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 . A.1. rejected 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 , Z012 ) 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 ) ARTICLE XXX ELECTRIC POWER AUTHORITY I Section 30 . 01 Electric Power Authority . The „council may establish _ . -••{ Deleted: council 91:1 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 Article _ .•- - { Deleted: articie J 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 ,article : ,.--•{ 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 Dieted: (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 . I Notwithstanding any provision in the „charter to the _._..-•{ Deleted: Charter J contrary , the council may by ordinance enact any further . I provisions it deems necessary to implement this Article XXX :.••{ Deleted: Article 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 Q) utility . The board shall adopt articles of incorporation and by-laws consistent with all provisions of this ,,article XXX . Such articles . • { Deleted: Article 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 _ _ .. -• { Deseted: Articie J also include provisions as are customary to set forth bath 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 . -.-•d Deleted: Article 1 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 . 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 by the Middle States Association of Colleges and Schools , North Central Association of Colleges and Schools , New . England Association of Schools and Colleges , Northwest Association of Schools and Colleges , Southern Association of Colleges and Schools , or the Western Association of ' Schools and Colleges and have worked in the field of 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 ,. . - •{ Deleted: 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 CR) 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 candidates receiving the highest number of votes shall be elected to those three positions . 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 . 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 . . Delp Chairman absences , and may elect from among its members one or more vice- Deteted7 chairman presidents , a secretary and a treasurer and assistant . t secretaries and treasurers . The board shall prescribe and may amend the duties of all such officers . 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 . The board shall meet at least once each month at such times 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 gdt public . Agendas shall be posted pursuant to applicable law . G . Errors and omissions . The authority shall hold harmless and indemnify its director , chief executive officer , agents ,- and 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 related claims and suits . Section 30 . 04 . Organization of the Authority . A . Divisions . The authority shall keep separate funds and accounts as required by the uniform systems of accounts for gas , - 71 - ( 11 / 12 ) electricity, water , communications , and other utilities , as promulgated by the _Hawai ' i , Public Utilities Commission or the , _. ..-- { Deleted: Hawaii J Federal 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 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 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 contracts and agreements with any public or private corporation of any individual , both inside and outside the boundaries of the county and Istatel : ( 1 ) for the joint use of property belonging . . - {.Comment [CHS81]: Refers to State o£ 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 Y� waterway in the operations of the authority , but shall in all . cases and subject to the applicable general regulations of the county and IstateL cause the surface of the public way to be _ : Comment [cHsaa]: sa.ie as above restored to its usual condition . cement * 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 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 . - 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 c.). 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 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 C;;) - notes , payable from the revenues of the authority , as evidence. c of the indebtedness . The action of the board may be by . resolutions that may be adopted at the same meetings at which the resolutions are introduced and shall take effect immediately - upon adoption . • J . Investment of surplus funds . The board may invest 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 writing other powers to officers or employees responsible to it , as may be necessary . -- 74 - ( 11 / 12 ) 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 _--.--{ Ddeted: Article { 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: so l months apart to call a referendum election concerning a sale of J 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 effective date of Sections 30 . 02 through 30 . 06 shall not be {Formatted: Highlight impaired and shall be binding upon the board insofar as they apply to the authority . C . Repeal of prior county charter provisions and ordinances . •{ Deleted: county ) All county charter provisions and ordinances and parts of county charter provisions and ordinances inconsistent with any . provision of this ,article XXX are hereby repealed; however , all - • {Deleted: Article .J� county charter provisions and parts of county charter provisions that are not inconsistent with any provision of this article XXX -- Deleted: Article including , but not limited to , ?rticle XX of the charter , shall „, „ ft.a Article ' apply to this ,article XXX . Deleted: Article D . Severability of provisions . If any provision of this ,article XXX , or the application thereof to any person or { Deleted: Article circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given , . ..--- Deleted: Article J effect without the invalid provision or application , and to this end the sections , subsections , and parts thereof of ,article XXX __:.---{ Deleted: Article 1 are severable . " (Amended 2002 ) - 75 - ( 11 / 12 ) • • ARTICLE XXXI DEPARTMENT OF PARKS AND RECREATION Section 31 . 01 . Organization . There shall be a department of parks _ ' , . .aa,A, ...4,,.R .i. and recreation consisting of ,parks and recreation director and :, Comm®ntpsa]: Cotiafetent . with2006 any necessary staff . iamen ' t'i,. r, . • Section 31 . 02 . Director . The parks and recreation director shall k be appointed and may be removed by the mayor . The director shall 1 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 department . 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 , . ( . ' recreational , and other leisure-time activities for the people of the county . • C . Beautify the public parks and recreational facilities of the county . .• D . Perform such other duties as may be prescribed by the mayor or by 'ordinance . (Amended 2006 ) ARTICLE XXXII COUNTY AUDITOR Section 32 . 01 . Office Established ; County Auditor . • 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 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 - 76 - ( 11 / 12 ) • • • 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 C;?) 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 county charter ; •-t. Deleted: section J 2 . Performance audits of the funds , programs , and operations of any agency or operation of the county as requested by the council by resolution , as authorized by ,section 3 . 12 ; .-•-{ 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 ) • 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 . B . Audit findings and recommendations shall be set forth in written reports of the county auditor , a copy of which shall be transmitted to the mayor and to the county council and filed with 12) the county clerk as public record . 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 administer oaths and subpoena witnesses and compel the production 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 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 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 Q") right to be represented by counsel and the right to have the county auditor compel the attendance of witnesses on behalf of the • individual . D . The county auditor ' s performance shall be evaluated 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 . . E . For the purpose of this section and section 3 . 12 : "An agency or operation of the county" includes any administrative - 78 - ( 11 / 12 ) • 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 lcouncilmember and the councilmember ' s immediate staff , {Comment [CHs&t]: One or tun] 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 . 1 A . The county council may establish 10 audit committee , the .::-{ Comment [I85): Conaiatent with members of which shall individually advise the county auditor on amendment .. the following : formulation of the plan of audits proposed to be (Deleted: and 1 conducted by the county auditor pursuant to ,section 32 . 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 4,311 advise the county auditor . All audit committee meetings shall be open to the public except as provided for in ,chapter 92 , Hawaii 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 lcouncilmembe 4 . All members , however , shall be _ comment [ciisu]: one or two words . entitled to be reimbursed for travel and other necessary expenses Lno word search of entiretdocument 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 , 2009 , 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 . Y ` 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 , •1 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 ' 30 , 20091 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 J. 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 - 80 - , ( 11 / 12 ) auditor . (Amended 2008 ) • 1 . . 2004 CHARTER AMENMDENT ; • (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 Hawai ' i 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 _{ Fornwtted; Lef 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 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 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 to such residence exceed the lesser of the percentage 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 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 - ( 11 / 12 ) . qt - • • • •• - � ' r +1' +`•: t• z, I. • Question) prey ••.',1••...•4•• -. f 9 • _. - 444 v I '� s y. {'r d1h"44.1 i A j � e :� r y ®'. 44< • as f�qq �ttg of p ga I & Efi t 041§ ^�^ S.fA SM�F .r ��' ` • • • �L Nt � � .- • to - • • _ 4 C 4,I r S 8 # t - # u4� GMes 7� � F�N4v •• ez z Aµ t4 $1,40 a � fa Mora ' la ae• . ` . '• _. _ '. Ire - Catherine Adams Members: Chair `� + Lath Aranio Richard Jose . 'A Karen Matsumoto John Low ° Gilbert Maerina Vice-Chair Roy Morita COUNTY OF KAUA'I CIVIL SERVICE COMMISSION do Office of Boards and Commissions 4444 Rice Street, Suite 150 i !-`1 _U _•., Lihu' e HI 96766 f t . Ph: (808) 241-4922 Fax: (808) 241-5127 LEA ; OCT 3 0 2013 I c) . BOARDS COMMISSIONS I To: Chair Jan TenBruggencate and Members of the Charter - C�'i Review Commission From: Chair Cathy Adams and Members of the Civil Service Commission Via: Paula Morikami, Office of Boards and Commission Administrator Cc: Mayor Bernard P. Carvalho Jr. Gary Heu, Managing Director Thomas Takatsuki, Acting Director of Personnel Services Date: October 30, 2013 Subject: Charter Amendment Proposal : Name Change from "Personnel Services" to "Human Resources" The Civil Service Commission would like you to consider proposing a Charter amendment to change "Personnel Services" to "Human Resources" in Article XV as well as all other references found in the Charter. The Department has been working diligently to centralize all of the functions of human resources and has been following and completing the recommendations of the 2012 Human Resources Task Force which was formed for this purpose. Your favorable consideration would be appreciated. Thank you. An Equal Opportunity Employer e R & 0Z 0 /3 -16 Proposing A Charter Amendment to Article XV Relating to Establishing A Department of Human Resources. Findings and Purpose. Charter Amendment. Article XV of the Kauai County Charter is amended to read as follows : "ARTICLE XV DEPARTMENT OF [PERSONNEL SERVICES] HUMAN RESOURCES Section 15.01 . Organization. There shall be a department of [personnel services] human resources consisting of a civil service commission , a director and the necessary staff for the purpose or establishing a system of personnel administration based upon merit principles devoid of any bias or prejudice, and [providing a systematic and equitable classification of all positions through adequate job evaluation] generally accepted methods governing classification of positions and the employment, conduct, movement, and separation of public officers and employees. Section 15.02. Civil Service Commission Organization . The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment. Of the members appointed , one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15 .03. Powers and Duties. The civil service commission shall : A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matters of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. CRC 2013-16 C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration. D. Execute such powers and duties as may be provided by law. Section 15.04. Director of [Personnel Services] Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system . He shall be appointed and may be removed by the commission and come under the general supervision of the Mayor. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources management 4 program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. [Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program. The director of human resources shall be responsible for the execution of the human resources management program which shall include: A. Classification, recruitment, selection , employment, deployment, promotion , evaluation, discipline, and separation of employees. B . Labor relations and negotiations. C. Administration of employment policies and trainings related to employee benefits, conduct, development, and safety and iniury prevention . D. Workers' compensation. E. Equal employment opportunities, F. Workforce coordination and planning . G . Administration of the civil service system as prescribed by statute. H . Other related duties as may be determined by the Mayor." Note: Charter material to be repealed is bracketed . New charter material is underscored. • • Proposed Ballot Question : • Shall the title of the Department of Personnel Services be changed to Department of Human Resources and its existing scope of responsibilities broadened to include a more comprehensive human resources function? • • . I r 7 . I c S ection 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 . CRC 2013- 17 • • ;1 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 ) . • (:) • • C:) . , , e! 1• , • . - t' • • CRC 2013 - 18 .. County Council , • Article Ill • Section 3 . 03 . Terms . The terms of office of councilmembers shall be for two years beginning at twelve o ' clock meridian on the first working day of December following their election . [ No person shall be elected to the office of councilmember ' for more than four ' consecutive two year terms . ] ( Amended 1980 , 1984 , 2006 ) (proposed by request ) , 0 • • • 4 • CRC 2013 - 19 • 1 COUNTY OF KAUAI CHARTER REVIEW COMMISSION 2014 Meeting Schedule 4th Monday except as highlighted below, 4:00 pm or shortly thereafter January 27 February 24 1 March 24 April 28 May 19 (third Monday due to holiday) June 23 July 28 August 25 September 22 October 27 November 24 December 22 • CRC -20 /3 - c2 / 4444 Rice Street, Suite 150 • Lihu`e, Hawaii 96766 • (808) 241 -4919 • Fax (808) 241 -5127