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HomeMy WebLinkAbout2014_0428_AgendaPacket James Nishida, Jr. Members: Chair Mary Lou Barela Joel Guy Ed Justus Jan TenBruggencate Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, April 28, 2014 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, L-ihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of March 24, 2014 BUSINESS CRC 2013-03 Review of Recommendations in Ramseyer form from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to the Kauai County Charter for Articles XXW through XXXII (On- going) CRC 2014-02 Discussion and possible decision-making on a proposed amendment to Article XXIV relating to signatures required in a petition for a charter amendment. ANNOUNCEMENTS Next Meeting: Monday, May 19, 2014 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2AB The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 111, 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. An Equal Opportunity Employer Cc: Deputy County Attorney Marc Guyot 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 L-1hu` e, HI 96766 E-mail:bdavis(a,,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 — April 28, 2014 21 P a g e l COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date March 24, 2014 Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 p.m. End of Meeting: 6:25 P.M. Present Chair James Nishida; Vice-Chair Jan TenBruggencate. Members: Joel Guy; Ed Justus (exited at 5 :22 p.m.); Patrick Stack; Carol Suzawa Also: Deputy County Attorney Jennifer Winn (arrived at 4:30 p.m.); Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura and Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law Testifiers: David Pratt; Tim Bynum; Wendell Kabutan; Sandra Wright; Tina Sakamoto; JoAnn Yukimura; Klayton Kubo; Bert Lyon; Robert Gerald Excused Member Mary Lou Barela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nishida called the meeting to order at 4:00 p.m. with 6 Commissioners present Mayor Carvalho stopped by to give his Aloha and express his appreciation W� for the Commissioner' s volunteerism and for the work they are doing, noting they have several difficult issues to deal with. The Mayor stated that the Boards and Commissions team is doing an excellent job and the \ �_ Administration will continue to provide them with the resources they need in order for them to do everything that is needed to assist the Commission with its work. Approval of Regular Open Session Minutes of February 24, 2014 Mr. Justus moved to approve the minutes as Minutes circulated. Mr. TenBruggencate seconded the motion. Motion carried 6 :0 Business CRC 2014-03 Discussion and possible decision-making on the findings and recommendations of the Special Committee on the 7 District Proposal to the Charter Review Commission as presented to the Commission at the Charter Review Commission Open Session March 24, 2014 Page 2 SUBJECT DISCUSSION ACTION February 24, 2014 meeting,pursuant to HRS §92-2.5 David Pratt — Provided written testimony (on file) as well as verbal testimony stating that districting would be counterproductive and he proposed that no change (to the way councilmembers are elected) is the best option. Tim Bynum — Any decision the Commission makes will not impact this year's election, and because of term limits he cannot run in the following election, but generally he agrees with JoAnn Yukimura. Districting for Kauai would be counterproductive and unnecessary. Our Council, even in the worst of times, works pretty collaboratively on budget issues, and really cares about the entire island; districting would bring unintended consequences. Should the voters go with districting, Mr. Bynum said he does like the way Maui does it; councilmembers run for their district but are voted on by all voters. Wendell Kabutan — Districting is not a good idea, especially for Westside people, because the seed companies have so much money that no one can run against them. Mr. Kabutan stated he would rather vote for 7 people he thinks will represent the whole island instead of separating into districts with each district having its own self-interests. Mr. Kabutan also expressed concern that the Charter Commissioners were all appointed by the Mayor, and may not represent a fair voice of all the people of the island to which Mr. Justus explained while the Mayor appointed them it was the Council that confirmed the appointment. Chair Nishida pointed out that if the Commission puts something on the ballot it is still the voters who approve or reject anything the Commission proposes. Charter Review Commission Open Session March 24, 2014 Page 3 SUBJECT DISCUSSION ACTION Sandra Wright - Provided written testimony (on file) as well as verbal testimony and said she does not want to see the island divided into districts because we are too small at this time. Ms. Wright stated she was very happy with the Council structure and felt they operate very fairly as well as participate equally in all island issues. Ms. Wright stated she is for maintaining the present situation until such time it changes drastically and they are not performing adequately as a Council body. Tina Sakamoto -. Provided written testimony (on file) as well as verbal testimony against the district proposal with observations. Ms. Sakamoto supports the current at-large Council election system, which gives a broader selection of candidates; each candidate represents the entire island, not just a specific district, and at-large candidates are accountable to every person on Kauai. A district election would increase costs to develop district mapping, and increase the cost of running the election. With districting it is possible for a candidate to win if either unopposed or with a single vote. District elections could change the concept of "we to "me" and create discord and divisiveness when competing for limited resources. Ms. Sakamoto said those are reasons she is against districting, and for continuing the at-large election process. JoAnn Yukimura - Provided written testimony (on file) as well as verbal testimony supporting her opposition to placing any districting proposal on the ballot. There has not been a clear showing that people in different parts of the island are not represented by the Council at-large. People are more represented when they can vote for 7 members of the Council rather than just 1. This would be a structural change and it changes the rules for law-making, and if it is not the right decision it will be very difficult to change. Ms. Yukimura cautioned the Commission to make sure it is their decision that this is the best way to elect members of the County Council, and not just Charter Review Commission Open Session March 24, 2014 Page 4 SUBJECT DISCUSSION ACTION throw it to the people to make the decision. Klayton Kubo — Mr. Kubo asked the Commission if they had already made a decision on this issue. Chair Nishida said as a group, "No". Pointing out that trading off is done in the Legislature, Mr. Kubo asked if that is how the Commission wants this island run. Bert Lyon — Speaking in favor of districting, the Commission should put at least one proposal on the ballot for those people in favor of districting to vote on. It should be as clear a choice as possible and for 7 single districts, which would be the easiest for voters to understand while the smaller districts would make it easier for first time council candidates. However, one of the two hybrid plans might be fairer; one that more people would be in favor of, and representative of their current voting patterns. While the whole system may not be broken, Kauai is behind the times and needs to catch up. Robert Gerald — Kaua`i is a very unique place. The present system is more than adequate. The more you create government structures the more you increase costs, and right now there is a revenue issue on this island. Mr. Gerald wants to be able to vote for each and every councilmember, and address them by the vote he exercises. Mr. Gerald does not see districting providing a better form of government. Chair Nishida stated there was still a motion on the floor to approve 7 districts which was deferred at an earlier meeting. Mr. Stack asked David Pratt in what way he thought districting might be counter-productive to which Mr. Pratt said a councilmember might be working for one small item in his district, and not considering the county as a whole. Mr. Pratt was asked what he meant by Kauai is a small enough Charter Review Commission Open Session March 24, 2014 Page 5 SUBJECT DISCUSSION ACTION county to which Mr. Pratt said the county is small enough geographically and by population. Asked about population, Mr. Pratt said large enough would be over 150,000.. Mr. Guy said having listened to a lot of testimony at public hearings and for someone who was originally a proponent, he does not support 7 districts as it would create too small of a decisiveness for the island. Mr. Guy did say he believes it is the Commission' s responsibility to allow everyone the opportunity to vote on how the island governs itself after noting that there were multiple proposals regarding districting. Ms. Suzawa said she did not attend any of the public meetings because of the Sunshine Law and appreciates the testimony given today. All testimony heard today, but for 1 , does not approve districting. The proposal for 7 districts is restrictive, especially after being able to vote for all 7 members. Ms. Suzawa said she would feel like she was not a part of Kaua` i if she could only vote for one council person and will be saying no to this proposal. Mr. Justus said the community meetings brought up an interesting perspective in that most everyone was not keen on 7 individual districts. Through testimony at prior meetings, the people favored districts but still wanted to be able to vote for 4 people. The original proposal of 7 districts at- large carves it up too small, and creates narrow residency requirements that may not work for the benefit of Kauai. A mix of district and at4arge gives the opportunity for the voter to have someone in their area that can speak to their immediate ideas, but also have an opportunity to vote for other people who represent the at4arge perspective. Mr. Justus said he would be interested to see if other arrangements that were presented in the subcommittee would be worth presenting to the public. Charter Review Commission Open Session March 24, 2014 Page 6 SUBJECT DISCUSSION ACTION Mr. TenBruggencate said they are talking about changing the form of our government, which is significant. Of all the options under consideration none of them has risen to the top as clearly superior to the current system. When the Commission puts an issue on the ballot, it is an issue that we believe is superior to what is there now. Lacking a superior option, the Commission should not just throw something out there to see if people will vote for it. Mr. TenBruggencate said he would be voting against any form of districting today. Mr. Stack disagreed and felt districting would put the County more in sync with government — at a federal level, at a state level, and most municipal levels. By putting this on the ballot, it is not what the Commission thinks but rather what do the people want. Chair Nishida stated he likes the 7 districts for its smaller representation, and that things would get done quicker. The closer we can get to 1 man, 1 vote, the better it is. Mr. Justus agreed that the 7 districts would shake things up and get the best out of each community. Maybe a compromise, a small step that keeps the at- large but still gets the best out of each community, could possibly be created by a 7 district at-large system, and allow time for a transition. Mr. Justus moved to amend the proposal to 7 districts at-large. Mr. Stack seconded the motion. Mr. Guy thought the Maui system seemed very scary because it is central Maui that is voting for the candidates, which is where the majority of the voters are. As the island grows, you are looking at the majority of the people deciding who represents the outer areas. Mr. Guy said he would not be supporting the amendment. Roll Call Vote on the amendment for 7 districts Charter Review Commission Open Session March 24, 2014 Page 7 SUBJECT DISCUSSION ACTION at-large: Nay-Guy; Aye-Justus; Aye-Stack; Nay- Suzawa; Nay-TenBruggencate; Nay-Chair. Motion failed 2 ayes:4 nays Mr. Guy moved to amend the proposal from 7 at- large to 4 districts with 3 at-large seats. Mr. Justus seconded the motion. Mr. Guy said there has been great testimony on both sides, but he felt it is the Commission' s responsibility to allow the residents to have a vote. As a part of the Commission it is not for him to decide how it is, but to be a vehicle for the community to vote on these issues that affect our county government. Mr. Justus said with 4 districts and 3 at-large seats every voter will get to vote for the majority of the councilmembers, which has been a concern for many citizens that they would not be able to speak to a majority of the people they elected. Mr. TenBruggencate said speaking against the amendment, this is about the worst of the options by re-districting the island into 4 new districts. There are 3 districts for the Legislative team, and this would require the Elections Office to establish a re-apportionment commission regularly as the community changes, which presents a problem so he will be voting against the amendment. Chair Nishida said not one proposal has risen to the top, but he still feels the 7 districts is the way to go. Ms. Suzawa said they are jumping into an option just because they want to put an option out there and she will still be voting no. Roll Call Vote on the amendment for 4 districts Charter Review Commission Open Session March 24, 2014 Page 8 SUBJECT DISCUSSION ACTION and 3 at-large seats: Aye-Guy; Aye-Justus; Aye- Stack; Nay-Suzawa; Nay-TenBruggencate; Nay- Chair. Motion failed 3 ayes:3 nays Roll Call Vote on the original motion for 7 districts: Nay-Guy; Nay-Justus; Aye-Stack; Nay-Suzawa; Nay-TenBruggencate; Aye-Chair. Motion failed 2 a es:4 nays Recess Chair Nishida called a recess at 5 : 15 p.m. Mr. Justus exited the meeting at 5 :22 p.m. The meeting was called back to order at 5 :26 penis CRC 2013-03 Review of Recommendations in Ramseyer form from legal analyst Curtis Shiramizu on identifying and proposing non-substantive corrections and revisions to the Kauai County Charter for Articles XX through )= (On-going) Section 20.02, Section 20.02 F and Section 20.03 use lower case for county. Unless the word county is used in combination with the words of Kaua `i, use lower case. Section 20.03 A — The commas added following employee in the second line and employee in the third line are not needed. Section 20.03 B — Lower case for county; although suggested language was initially added change language by removing the comma following who and by removing which, is so the sentence reads with any person or firm represented. Section 20.04 A — Comma not needed following officer in the eleventh line Charter Review Commission Open Session March 24, 2014 Page 9 SUBJECT DISCUSSION ACTION but add a comma following businesses in the twelfth line. Section 20.05 H — Delete the header �C` ; eratio?4T 1j since the other subsections do not have titles; change commission to board. Section 22.01 A — Last line use lower case for section 22.02. Section 22.01 B — Next to last line use lower case for section 22.02. Section 22.03 A — Insert a comma in the second line following the word council. Change per cent to one word percent throughout the charter Section 22.05 C — delete comma following thereof and individual towards the end of the sentence.. Section 22.08 — Next to last line change "or the request" to of the request as stated in the original charter. Section 23 .01 C — Capitalize County of Kaua 7 (not discussed at meeting; discovered at point of typing meeting minutes) . E Section 23 .01 E — capitalize State of Hawai `i. € i Section 23 .02 Fourth line add comma following appointed and in the fifth sentence add comma following hereunder. j Section 23 .02 J - Next to last line change- "or such board" to of such board as stated in the original charter. Charter Review Commission Open Session March 24, 2014 Page 10 SUBJECT DISCUSSION ACTION Section 23 .02 L — Second line add comma following compensation. Section 23 .05 — Last line change "or their public duties" to of their public duties as stated in the original charter. Section 23 .07 A — Third line add comma following form. Section 23 .08 B — Second line add comma following places. Section 23 . 11 — Last line delete "in" so it reads held every two years. Section 23 .02 G — Fourth line delete all wording from "succeed himself' to the end of the sentence and replace with shall serve two consecutive terms as chair. Section 23 . 14 — Capitalize "work" in the title of the section. Section 23 . 15 — Third line add comma following organizations. Section 23. 17 — Last paragraph, end of line change the word "sex" to gender. Review to continue at April meeting starting with Article XXIV CRC 2013 46 Discussion and possible decision-making on a Charter Amendment Proposal for Article XV changing the-name from "Personnel Services" to "Human Resources" a. Confidential opinion dated 2/19/14 from Deputy County Attorney Jennifer Winn offering legal guidance as to the legality an d compliance of a proposed charter amendment to Kauai Coun Charter Review Commission Open Session March 24, 2014 Page 11 SUBJECT DISCUSSION ACTION Charter Article XV Ms. Suzawa moved to receive the confidential opinion from the Deputy County Attorney. Mr. TenBruggencate seconded the motion. Motion carried 5:0 This proposed amendment moves to the ballot. CRC 2014-01 Discussion and possible decision-making on a Charter Amendment Proposal for Article XXVH, Section 27.07 to align Charter requirements relating to the format of recall ballot questions with State ballot design requirements a. Confidential opinion dated 2/19/14 from Deputy County Attorn ey Jennifer Winn offering_legal guidance as to the legality and compliance of a proposed charter amendment to Kauai County Charter Section 27.07 Mr. TenBruggencate moved to receive the confidential opinion from the Deputy County Attorney. Mr. Stack seconded the motion. Motion carried 5:0 This proposed amendment moves to the ballot. Announcement Next Meeting: Monday, Aril 28, 2014, 4:00 p.m. Adjournment Chair Nishida adjourned the meeting at 6:25 m. Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk James Nishida, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. ARTICLE XXIV CHARTER AMMM"M Section 24 . 01 . Initiation of Amendments . Amendments to this charter may be initiated only in the following manner : A . By resolution of the council adopted after two readings on separate days_ and passed by a vote of five or more members of the council . Be By petition presented to the council , signed by registered f voters comprising not less than [ five- perceezit ( 5 % ).] 5 percent of the number of voters registered in the last general election , setting forth the proposed amendments . Such petitions shall designate and authorize not less than three Ino [ CHS44 ] more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed 58 amendments which may be made by the county attorney . Upon filing of such petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters . Section 24 . 02 . Elections to be Called . A . Any resolution of the council or petition of the voters proposing amendments to the charter shall provide that the proposed amendments shall be submitted to the voters of the county at the next general election . B . The county clerk shall have the proposed amendments published in a newspaper of general circulation in the county at least thirty [ ( 30 ) ] days prior to submission of the proposed amendments to the voters of the county at the next general election . C . Should the majority of the voters voting thereon approve the proposed amendments to this charter , the amendments shall become effective at the time fixed in the amendment , or , if no time is fixed therein , thirty [ ( 30 ) ] days after its adoption by the voters of the county . Any charter amendment shall be published in a newspaper of general circulation in the county within thirty [ ( 30 ) ] days of the effective date of such amendment . Section 24 . 03 . Charter Review . The mayor with the approval of the council shall appoint , with appropriate staffing , a charter commission composed of seven members who shall serve in accordance with [ ° en ] section 23 . 02C of this [ 'per] charter to study and review the operation of the county government under this charter for a period of ten years commencing in 2007 . Thereafter , the mayor with the approval of the council shall appoint a charter commission at ten year intervals . In the event the commission deems changes are necessary or desirable , the commission may propose amendments I to the existing charter or draft a new charter , which shall be submitted to the county clerk . The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission . The commission shall publish not less than thirty [ � ] days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter . A . Unless a new charter is submitted to the voters , each amendment to the charter shall be voted on separately . 59 - ( 11 / 12 ) B . If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter , if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter , or if no time is fixed , thirty [ ( 30 ) ] days after its adoption by the voters . Any charter or amendment shall be published in its entirety not more than thirty [ {3.93- ] days after its adoption . ARTICLE XXV SEVERABILITY Section 25 . 0l . Severability . If any provision of this charter is held invalid , the other provisions of this charter shall not be affected thereby . If the application of the charter or any of its provisions to any person or circumstances is held invalid , the application of the charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE XXVI TRANSITIONAL PROVISIONS Section 26 . 01 . Schedule . After the approval of this charter by the voters , this charter shall be in effect to the extent necessary in order that the first election of members of the county council and mayor may be conducted in accordance with the applicable election laws of the , State . This charter shall take full effect on January 2 , 1969 . Section 26 . 02 . Initial Election Under the Charter . The first county primary and general elections under this charter shall be held in the year 1968 . Section 26 . 03 . Existing Laws and Conflicting Laws . All laws , ordinances , resolutions , rules , and regulations in force at the time this charter takes full effect , and not in conflict or inconsistent with this charter , are hereby continued in force until repealed , amended, or superseded by proper authority . All laws relating to or affecting this county or its agencies , officials , or employees , and all county ordinances , resolutions , orders , and regulations which are in force when this charter takes full effect , are repealed to the extent that they are inconsistent with or interfere with the effective operation of this charter or of ordinances or resolutions adopted by the county council under the provisions . of this charter . - 60 - ( 11 / 12 ) Section 26 . 04 . Status of Departments and Transfer of Funds . A . All departments , the status of which are not specifically changed or abolished by this charter , are hereby recognized , continued , and established and shall have such powers , duties , and functions as provided by law . Members of the various boards , commissions , and committees holding office at the effective date of this charter shall continue in office unless they resign or until their terms of office shall expire . !B . The offices of the county auditor and the county treasurer are abolished and their functions transferred to the department of finance . ; ( CHS451 C . The offices of the elected county clerk and the county attorney are abolished . Section 26 . 05 . Transfer of Records and Property . All records , property , and equipment of any office , division , department , board , or commission , the functions of which are assigned to another agency by this charter , shall be transferred and delivered to the agency to which such functions are so assigned . Section 26 . 06 . Status of Present Employees . All civil service employees and full - time employees whose positions are exempt from civil service presently employed by any department or agency which is merged or abolished under this charter , shall be transferred and continued in employment in accordance with [!° e�vns ] sections 138 - 1 44 and 138 - 45 , Revised Laws of Hawaii 1955jCHS461 , as amended , to a comparable position in an agency where such function has been transferred . Section 26 . 07 . Heads of Departments Continued in Office . Notwithstanding any provision to the contrary , all officers and department heads , whether appointed or elected , holding office immediately prior to the time this charter takes effect , shall continue in employment for a period of not more than forty- five [ ( 4 ;5 ) ] days thereafter , or until they are replaced pursuant to the provisions of this charter , whichever occurs later . Section 26 . 08 . Temporary Budget and Capital Program . During the transitional period , the mayor shall submit and the council shall adopt , with or without amendments , a temporary current expense budget and a capital program based on the revenues anticipated during said period . Until the adoption of such temporary current expense budget and capital program , the then existing budget and capital program shall remain in effect . 61 - ( 11 / 12 ) Section 26 . 09 . Pending Proceedings . All petitions , hearings , and other proceedings pending before any office , department , board , or commission abolished by this charter , and all legal proceedings and investigations begun by such office , department , board , or commission and not completed at the effective date of this charter , shall continue and remain in full force and effect and shall be completed before or by the office , department , board , or commission which succeeds to the powers and functions of such office , department , board , or commission . Section 26 . 10 . Lawful Obligations of the County . All lawful obligations of the county existing on the effective date of this charter and all fines , taxes , penalties , forfeitures , obligations , and [rights{ [ cxsa71 due , owing , or accruing to the county , and all writs , prosecutions , actions , and proceedings by or against the county shall remain unaffected by the adoption of this charter . 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 Inumbering not less than [ twenty pereen ( 24.%+ ] 20 percent of the voters registered in the last general election . 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 . 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 - 62 - ( 11 / 12 ) 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 . 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 [ ( 39 ) ] days after the filing , with the clerk , of the affidavit stating the name and office of the officer sought to be removed . Within ten [ ( 10-) ] days from the date of the filing of such petition , the clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of [ h4r& ] the clerk ' s examination . If the clerk shall certify that the petition is insufficient , [ lie ] the clerk shall set forth in the certificate the 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 . Section 27 . 05 . Supplemental Petitions . In the event the initial petition contained insufficient signatures , such recall petition may be supported by supplemental signatures of voters signed in the manner required in [ rn ] section 27 . 03 of this article appended to petitions issued , signed , and filed as required for the original petition at any time within ten [ ( 10-) ] days after the date of the certificate of insufficiency by the clerk . The clerk shall within five [ +S+ ] days after such supplemental petitions are filed make a like examination of them , and if [ fie ] the clerk ' s certificate shall show the same to be still insufficient , [ ire ] the clerk shall return it in the manner described in [ cen ] 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 . Section 27 . 06 . Recall Election . If a recall petition or supplemental petition shall be certified by the clerk to be sufficient , [ hre] the clerk shall promptly notify in writing the officer sought to be recalled of such action . If the official whose removal is sought does not resign within five [ f5+ ] days after mailing of such notice , the clerk shall thereupon order and fix a day for holding a recall election . Any such election shall be held not less than seventy- five [ ( 715 ) ] nor more than ninety [ ( 90 ) ] days after the petition has been presented to the official , at the same time as 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 I less than [ fifty peree -t ' &%+ ] 50 percent of the total number of voters registered in the last general election shall vote at such recall election , the officer sought to be recalled shall not be 63 - ( 11 / 12 ) deemed recalled regardless of the outcome of the election . 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 [ ° 'acclen ] section 27 . 06 of this article . Section 27 . 08 . Succeeding Officer . The incumbent , if not recalled in such election , shall continue in office for the remainder of [ ham ] the incumbent ' s unexpired term subject to the recall as before , except as provided in this charter . If recalled in the recall election , [ die ] the incumbent shall be deemed removed from office upon 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 [ his- pfee her . ] the person removed . 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 [ f6}] months of the term during which [ die ] such person is sought to be recalled , nor , in case of an officer retained in a recall election , until one year after that election . ARTICLE XXVIII COST CONTROL C094ISSION Section 28 . 01 . There shall be a [ Geunty Lest Gent el Geftnisslen ] county cost control commission composed of seven members not employed in government service . 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 . Section 28. . 03 . Repealed. ( 2066 ) 1 [Mis46a+ Section 28 . 04 . The commission shall review personnel costs , real property taxes , travel budgets , contract procedures , review with the aim of eliminating programs and services available or more - 64 - ( 11 / 12 ) efficiently supplied by other governments or organizations ; eliminate or consolidate overlapping or duplicate programs and services ; scrutinize for reduction any county operation . 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 [ ( 30 ) ] working days of receipt , submit to the council for its immediate consideration all ordinances proposed by the commission . Section 28 . 06_ Rules and Regulations . The commission shall adopt rules and regulations relating to the operation and management of the commission in order that the commission can accomplish its goals and objectives . 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 [gin] chair of the council for information within their respective jurisdictions . ARTICLE XXIX SALARY COJff4rSSION Section 29 . 01 . Organization . There shall be a [ Salary GeHff ; ss en ] salary commission composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in [ rn ] section 23 . 01 D of this [ Garter .] charter . Section 29 . 02 . Policies . The commission shall adopt and , when it deems necessary , may change the policies governing its salary- setting decisions . 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 . - 65 - ( 11 / 12 ) 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 [ Pr-evld d heweve-rr—, ] provided tha [ cxs49 ] 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 . t I Section 29 . 04 . Rules . The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law . I Section 29 . 05 . Changes in Salary . No change in salary of councilmembers shall be effective during the term in which a change I s enacted or for twenty- four months after a change is enacted , whichever is less . I 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 . ARTICLE = ELECTRIC POWER AUTHORITY Section 30 . 01_ Electric Power Authority . The [Goy= ] council may establish 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 [ Artlele ] ;article XXXCHS501 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 of this [ Artiele : ] article . I Sections 30 . 02 through 30 . 06 of this [ Artlele ] article shall be effective thirty [ ( 30 ) ] calendar days from and after the enactment of 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 . - 66 - ( 11 / 12 ) Notwithstanding any provision in the [ ''�ez ] charter to the contrary , the council may by ordinance enact any further provisions it deems necessary to implement this [ "tee ] article XXX 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 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 consistent with all provisions of this [ Artiele ] article XXX . Such articles and by- laws may be amended from time to time by the board ; however , any such amendments shall be consistent with all provisions of this [ "tee ] article XXX . Such articles and by- laws shall 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 . - 67 - ( 11 / 12 ) 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 [fee. ] section 7 . 05K shall not apply to this [ Article ] article XXX . B . Election and �t enure ' of dit'J' tors cs . 1 . Directors elected at - large . Directors elected at - large shall be elected at the next regularly scheduled 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 [may ] county . In 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 - 68 - ( 11 / 12 ) 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 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 [ ham-er she ] the applicant has satisfied the 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 ; [ CHS521all 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 . - 69 - ( 11 / 12 ) 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 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 [ ter] chair who shall preside over the meetings of the board , and a [-azee e , ; r... a ] vice - chair who shall act for the [ chairman ] chair during absences , and may elect from among its members one or more vice -presidents , a secretary , and a treasurer and assistant 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 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 70 - ( 11 / 12 ) 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 , electricity , water , communications , and other utilities , as promulgated by the Hawai ' iHawall Public Utilities Commission or the 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 71 - ( 11 / 12 ) executive officer subject to the provisions of applicable local , I 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 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 or any individual , both inside and outside the boundaries of the county and jstatel [ CHS53 ] : ( 1 ) for the joint use of property belonging either to the authority or to the other contracting party or 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 state; [ CHS591 , cause the surface of the public way to be restored to its usual condition . E . Rates . The board shall fix rates and other charges to be assessed against each customer class for electrical services 72 - ( 11 / 12 ) 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 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 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 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 . - - 73 - ( 11 / 12 ) K . Delegation of powers . The [ Bear-d ] 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 . Section 30 . 06 . General Provisions . I A . Disposition of 4 Ipower Aauthoritytcasss ] . 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 [ "tee ] article- X X , without first holding a public 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 [ +6} ] calendar 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 effective date of sections 30 . 02 through 30 . 06 shall not be impaired and shall be binding upon the board insofar as they apply to the authority . C . Repeal of prior [ ] county charter provisions and ordinances . All county charter provisions and ordinances and parts of county charter provisions and ordinances inconsistent with any provision of this [ "tee ] article XXX are hereby repealed ; however , all county charter provisions and parts of county charter provisions that are not inconsistent with any provision of this [ "tee ] article KKK -including , but not limited to , [ Ar-tiel: e ] article XX of the charter , shall apply to this [ Tlele ] article X4�_X . D . Severability of provisions . If any provision of this [ Artiele ] article KKK , or the application thereof to any person or circumstance is held invalid , the invalidity shall not affect other provisions or applications of the [ "tee ] article which can be 74 - ( 11 / 12 ) given effect without the invalid provision or application , and to this end the sections , subsections , and parts thereof of [ "tee] article XXX are severable . " ARTICLE =X DEPARTMENT OF PARKS AND RECREATION Section 31 . 01 . Organization . There shall be a department of parks and recreation consisting of a parks and recreation director and any necessary staff . Section 31 . 02 . Director . The parks and 'recreation director shall be appointed and may be removed by the mayor . The director shall 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 . I 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 . ARTICLE XXXXX COUNTY AUDITOR Section 32 . 01 . Office Established ; County Auditor . A . There is established within the legislative branch an 75 - ( 11112 ) 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 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 ] county charter article III , section 3 . 17 , 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 [ ° eetlen ] section 3 . 12 of the county charter ; 2 . Performance audits of the funds , programs , and - 76 - ( 11 / 12 ) operations of any agency or operation of the county as requested by the council by resolution , as authorized by [rn ] section 3 . 12 ; 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 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 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 toany 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 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 77 - ( 11 / 12 ) 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 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 ' s immediate staff , 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 an audit committee , the members of which shall individually advise the county auditor on the following : formulation of the plan of audits proposed to be conducted by the county auditor pursuant to [rn ] section 32 . 02 C ; 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 - 78 - ( 11 / 12 ) 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 except as provided for in [ fir ] chapter 92 , Hawaii Revised Statutes . 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 icouncilmember [ cxs561 . All members , however , shall be entitled to be reimbursed for travel and other necessary expenses incurred by them in the performance of their official duties . E . !Section 23 . 02 [—. ] . Boards and Commissions , i [cas57lshall not apply to the members of the audit committee . Section 32 . 04 . Transition Provision iconcernin4 [ cxs5e1 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 I 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 . 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 , I 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 - 79 - ( 11 / 12 ) 30 , 2009 , 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 auditor . 2004 CHARTER ADWASMENT (Relating to real property taxation) i Declared unconstitutional pursuant to article VIII , section 3 of the Hawaii Constitution . County of Kauai 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 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 80 - ( 11 / 12 ) commencement of such fiscal year for the cost of living adjustments in retirement benefits by the Social Security Administration , or two percent ( 2o ) 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 Question) 81 - ( 11 / 12 ) Proposing A Charter Amendment to Article XXIV Relating to Signatures Required in a Petition For Charter Amendment. Findings and Purpose. The Charter Review Commission finds that a petition to amend the Kaua'i County Charter should require signatures of registered voters comprising not less than 20 percent of the number of voters registered in the last general election. ARTICLE XXIV CHARTER AMENDMENT Section 24. 01 . Initiation of Amendments. Amendments to this charter may be initiated only in the following manner: A. By resolution of the council adopted after two readings on separate days and passed by a vote of five or more members of the council . B. By petition presented to the council , signed by registered voters comprising not less than [five percent (5%)] 20 percent of the number of voters registered in the last general election, setting forth the proposed amendments. Such petitions shall designate and authorize not less than three nor more than five of the signers thereto to approve any alteration or change in the form or language or any restatement of the text of the proposed amendments which may be made by the county attorney. (Amended 2012) Upon filing of such petition with the council , the county clerk shall examine it to see whether it contains a sufficient number of valid signatures of registered voters. (Amended 2012) Section 24.02. Elections to be Called . A. Any resolution of the council or petition of the voters proposing amendments to the charter shall provide that the proposed amendments shall be submitted to the voters of the county at the next general election . B. The county clerk shall have the proposed amendments published in a newspaper of general circulation in the county at least thirty (30) days prior to submission of the proposed amendments to the voters of the county at the next general election . C. Should the majority of the voters voting thereon approve the proposed amendments to this charter, the amendments shall become effective at the time fixed in the amendment, or, if no time is fixed therein , thirty (30) days after its adoption by the voters of the county. Any charter amendment shall be published in a newspaper of general circulation in the county within thirty (30) days of the effective date of such amendment. Section 24.03. Charter Review. The mayor with the approval of the council shall appoint, with appropriate staffing , a charter commission composed of seven members who shall serve in accordance with Section 23. 02C of this Charter to study and review the operation of the county government under this charter for a period of ten years commencing in 2007. Thereafter, the mayor with the approval of the council shall appoint a charter commission at ten year intervals. In the event the commission deems changes are necessary or desirable, the commission may e & L 010 / '/ � 6 CZ. propose amendments to the existing charter or draft a new charter which shall be submitted to the county clerk, The county clerk shall provide for the submission of such amendments or new charter to the voters at any general or special election as may be determined by the commission. The commission shall publish not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county the entire text of the amendments or new charter. (Amended 2006) A. Unless a new charter is submitted to the voters, each amendment to the charter shall be voted on separately. B. If a majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter, or if no time is fixed, thirty (30) days after its adoption by the voters. Any charter or amendment shall be published in its entirety not more than thirty (30) days after its adoption . Ballot Question: