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HomeMy WebLinkAbout2014_0825_AgendaPacket James Nishida, Jr. Members: Chair Mary Lou Barela Joel Guy Ed Justus Jan TenBruggencate Patrick Stack Vice Chair Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, August 25, 2014 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Lqiu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of June 23 , 2014 COMMUNICATION CRC 2014-09 Memorandum dated August 1 , 2014 from Council Chair Jay Furfaro to Commission Chair James Nishida and Members of the Charter Review Commission requesting the Charter Review Commission to consider convening a public educational workshop relating to charter amendment, initiative, and referendum proposals 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 (On-going; defer pending Staff and Legal Review) a. Proposal from Staff to eliminate underscoring of all charter subsections in lieu of bolding subsections to eliminate Ramseyer problems CRC 2014-05 Discussion and possible decision-making on whether a footnote is required to clarify subsections B. and C. of Section 26.04. Status of Departments and Transfer of Funds (Defer pending receipt of the County Attorney's opinion) CRC 2014-06 Discussion on whether there is a need to define what a charter amendment is a. Add a preamble or an additional paragraph to section 1 .01 b. Add new paragraph to 24.03 clarifying what constitutes a charter amendment CRC 2014-08 Discussion on whether there is a need to amend Section 24.01 that voter petition amendments shall be presented to the county clerk instead of the county council CRC 2014- 10 Transmittal to the County Clerk of the 2014 Proposed Charter Amendments and Ballot Questions An Equal Opportunity Employer CRC 2014- 11 Voter Education - Explanation of County Charter Amendments Proposed in the 2014 General Election ANNOUNCEMENTS Next Meeting: Monday, September 22, 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 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 FIRS §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 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 Charter Review Commission — August 25, 2014 2 1 P a g e Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 L-ihu`e, HI 96766 E-mail:bdavisau,kauai.gov_ Phone: (808) 241 -4919 Fax: (808) 241 -5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting. Charter Review Commission — August 25, 2014 3 P a g e COUNTY OF KAUAI LM TD3 b w1j= Minutes of Meeting OPEN SESSION Board/Committee: CHARTER REVIEW COMMISSION Meeting Date June 23, 2014 Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:02 p.m. End of Meeting: 6:42 p.m. Present Chair James Nishida; Vice-Chair Jan TenBruggencate. Members: Joel Guy, Ed Justus; Patrick Stack; Carol Suzawa; Also: Deputy County Attorney Nicolas Courson; 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: Allan Parachini; Stephanie Iona; Felicia Cowden; Jack Benzie; Klayton Kubo; Peter Wiederoder Excused Member Mary Lou Barela Absent , SUBJECT DISCUSSION ACTION Call To Order Chair Nishida called the meeting to order at 4:02 p.m. with 6 Commissioners present. Chair Nishida announced the first item on the agenda, CRC 2013-03 , would be deferred so the Commission would be moving to CRC 2014-02 regarding signature requirements. Approval of Regular Open Session Minutes of May 19, 2014 Mr. TenBruggencate moved to approve the Minutes minutes as circulated. Mr. Justus seconded the motion. Motion carried 6:0 Business CRC 2013-03 Review of Recommendations in Ramseyer form from legal Mr. TenBruggencate moved to defer CRC 2013 . analyst Curtis Shiramizu on identif3dng and proposing non-substantive 03 to the next meeting. Mr. Justus seconded the corrections and revisions to the Kauai County Charter (On-going; defer motion. Motion carried 5 : 1 (nay-Justus) pending Staff and Le al Review 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 and Article XXH relating to signatures required for ZS-�, Initiative and Referendum (Deferred from 5/ 19/ 14) Charter Review Commission Open Session June 23, 2014 Page 2 SUBJECT DISCUSSION ACTION a. Comparison by island from Vice Chair TenBruggencate for signature requirements for voter initiated measures for charter amendments initiative referendum and recall b. Letter dated 6/9/14 from the Contractors Association of Kauai (CAK) supporting an increase in required signatures to 20% for petition initiated Charter amendments Chair Nishida stated that public testimony would be limited to three minutes at which time testifiers would need to summarize their presentation. Anyone representing a group or organization would be limited to five minutes. Testifiers: Allan Parachini (written testimony on file); Stephanie Iona; Felicia Cowden; Jack Benzie; Klayton Kubo; Peter Wiederoder Mr. Parachini questioned the clarity of the Kauai County Charter and its openness to electoral abuse. Calling something a charter amendment for signature gathering purposes means it is whatever someone says it is. The Charter must be clarified to define what the Charter is, as Maui has done, and there needs to be a standard which makes mischief far more difficult than the amendment process is now. The 5% signature gathering threshold that amendments must now meet is unrealistically low if the purpose of the Charter is to be the constitutional outline of the system of government of Kauai County. It should be as difficult as or harder to amend the Charter than it is to qualify an initiative ordinance. Mr. Justus said there are amendments to the original U.S . Constitution, which do not define the actual operation of the government, and wondered if the Charter was intentionally left ambiguous in defining what charter amendments are for the same reason the U.S. Constitution has that flexibility to include things like the Bill of Rights. Charter Review Commission Open Session June 23 , 2014 Page 3 SUBJECT DISCUSSION ACTION In principle the proposed amendment petition codifies and freezes in place enabling ordinance language as charter language, Ms. Iona stated the Charter should have the same criteria of percentages of citizens that can vote on any issue that amends the Charter as it would be to initiate an initiative. Looking at the value of the Charter it should be treated as anything else the government mandates; it should be treated just as important, and with the highest value, as it is what governs Kauai. Ms. Cowden said she thought after the last Charter meeting they were at a clear decision making point, and it had come to that it needed to be consistent; the charter amendment, the resolutions and the initiatives were all going to be 5%. "We" came to the conclusion that 20% is near impossible to get. The last line of defense of democracy is for the people to be able to raise a petition. With discussions leading off regarding the "charter amendment petition" brought forth by"the public, Mr. TenBruggencate said that petition is not impacted by this agenda item. Secondly, to the suggestion this item would not be on the agenda except for that petition, this has been an agenda item before this Commission going back three or four years, but there were not enough votes to get it to the ballot. Ms. Suzawa agreed, and as a serving member of this Commission for 6 years this is not the first time this issue has come up, and changing the percentages has been looked at over that time. Mr. Benzie supports not making it easier to amend the Charter than it is to amend other things, whether it be 5 percent for all or 20 percent for all, or even for a charter amendment to be harder than an ordinance to be put on the ballot. The system should not encourage people to use the wrong f Charter Review Commission Open Session June 23 , 2014 Page 4 SUBJECT DISCUSSION ACTION methodology or process just because it is easier. Mr. Kubo questioned why the Commission was making it harder for the people. This is the way "we the people" can get involved. Mr. Wiederoda commented he was there to understand how various laws affect business noting that consistency is important for business, and to have certainty on what is a charter amendment, and what is an initiative is important for business. A higher threshold of 20 percent gives consistency and stability, and makes it more realistic to see a measure being passed. Public testimony was closed and Commission discussion commenced. The motion on the floor, which was deferred on 5/19/14, was to approve a charter amendment which reduces the number of signatures required for initiative and referendum from 20 percent to 10 percent of the number of registered voters in the last election and amended to reduce the number from 10 percent to 5 percent. Mr. TenBruggencate stated the 5 percent number is too low, and would be by far the lowest number in the State. As Chair Nishida pointed out if you can reach that 20 percent threshold you have a much more likelihood of success. On the two occasions when the 20 percent threshold was reached on charter amendments the public supported it; it was an indication of broad public support on an issue that was before the community. Mr. TenBruggencate said he agrees with the concept of reducing the number of signatures required for initiative and referendum, but felt that 10 percent was a good number and 5 percent was too low. Mr. TenBruggencate said he would vote against lowering it to 5 percent. Mr. Guy wanted to know if they are citing the two big exam les that were passed as not being an issue because the people were Charter Review Commission Open Session June 23 , 2014 Page 5 SUBJECT DISCUSSION ACTION able to reach the 20 percent then why this conversation. Mr. TenBruggencate said the two occasions in which 20 percent valid signatures were raised were the Nukoli` i charter amendments. It is a reasonable number, and it indicates strong community support for an issue, and gives it justification for being raised to the level of being placed on the ballot. It is appropriate to have a lower standard for the initiative and referendum issue, but 5 percent is too low a standard. Mr. TenBruggencate agreed with the Commissioners that the Nukoli`i issue was an initiative and referendum, and not a charter amendment as stated earlier. Chair Nishida said he would not like to see any changes to the 20 percent on the initiative and referendum, and if 5 percent makes it to the ballot people may vote for it based on pesticides and then it will stay at 5 percent. It may not be whether it is about 5 percent or 20 percent, it may be about pesticide use; about seed companies and so he will be voting not to make any changes. Motion failed on Roll Call Vote 3 :3 : (aye-Guy; aye-Justus; aye-Stack; nay-Suzawa; nay- TenBruggencate; nay-Nishida) Discussion then turned to a proposed amendment to increase the number of required signatures of registered voters for a charter amendment from 5 percent to 20 percent. Mr. Justus did not see how this would be a worthwhile amendment because people will not vote to make it harder on themselves. Mr. Guy thought there would be a huge vote to support it. Mr. Justus did not think it was a necessary amendment to which others said they would disagree on that. Mr. Guy did not think there had been enough discussion on this, but appreciated learning that a higher percentage of voters gets more people involved. Mr. Guy said he would like to see discussion continue over time on how to equalize the numbers, but to try to pass this through on the last day the Commission has to put something on the ballot is hard to support. Mr. Stack commented that they were muddying the waters by mixing GMOs with the job the Commission is charged with doing, and that job is clear and simple — make necessary changes. Mr. Stack further i Charter Review Commission Open Session June 23 , 2014 Page 6 SUBJECT DISCUSSION ACTION stated that he is against 5 percent, and would like to see 1 percent. If someone has an issue it should be talked about and put on the ballot. Ms. Suzawa said, right or wrong, in an election the majority rules, and you need to look at the numbers. 20 percent of registered voters from the previous election is not 20 percent of the island' s population, and with the last election only 63 percent of registered voters showed up, which is 20 percent of 63 percent; that is not a large number of people to make a change to the Charter and even more so at 5 percent. If you cannot get that number of people interested to put it on the ballot then why put it on the ballot in the first place; it is not a big number. Mr. Justus wondered if instead of raising the number to try to prevent issues being used as an amendment process as a way to enact an ordinance, why not define what a charter amendment is rather than adjusting the numbers. Mr. TenBruggencate wanted to correct some of the terminology used noting that the Commission was not making it harder for people to change the Charter; the Commission was only discussing putting things on the ballot. This Commission has not done a lot of tinkering with the Charter, and only have 3 items scheduled to go on the ballot after 2 years of so-called tinkering. Some of the significant work the Commission has been doing is the mundane work of correcting spelling errors, punctuation errors, and removing gender specific terminology from the Charter. The signature requirement is something that has import for the community because if, on a regular basis, things are put in the Charter using a process that looks easier but is legally flawed it costs the community hundreds of thousands of dollars and untold amounts of time. This is a ballot issue and one that has been discussed for a couple of years, and has come back onto the agenda so it should not be news to anybody. We should move forward, but it looks like a deadlock so it will not move forward. Mr. TenBruggencate suggested someone in the Charter Review Commission Open Session June 23 , 2014 Page 7 SUBJECT DISCUSSION ACTION affirmative reconsider reducing the percentage to something other than 5 percent for the initiative and referendum language. This is critical to the community and we should move forward, not put it off. Mr. Justus wanted to respond to legally flawed charter amendments that had been presented through voter initiation and were rendered invalid saying that raising or lowering the percentage does not fix that problem at all. What would help is requiring that the language being presented gets a legal review by an attorney practicing law in the State of Hawaii for three years, or by the County Attorney if they are allowed to. Lowering and raising the numbers, even if they match, how would that resolve them from being legally flawed? It could just as easily be put as a charter amendment, and if it fails present it as an initiative. There is nothing to fix the fact that the language was legally flawed. The only way to do that is define what a charter amendment is, or to establish a legal review on what charter amendments are. Mr. Guy thought this was a great opportunity for public participation in the process just as much as the percentage is. Hopefully this Commission can be a venue for the public to address the Charter. There may only be 3 items for the ballot, but there have been a lot of great discussions over the 2 years. There are flaws in the system, but the work the Commission does would solidify what that charter amendment would look like to the voters. Mr. TenBruggencate said in this particular case the numbers do make a difference because one of those charter amendments was thrown out because the wrong process was used, perhaps because it was the easier process. Chair Nishida said the Commission has been told they cannot make a charter amendment that changes two different parts of the Charter. Mr. Justus inserted that it was done when the Mayor' s term went to four years. Staff Charter Review Commission Open Session 'June 23 , 2014 Page 8 SUBJECT DISCUSSION ACTION clarified that the Attorney has asked the Commission not to do multiple questions in an amendment since there is no way to know which change is being voted on. Mr. Justus asked if this was a request or a requirement to which Deputy Attorney Courson said he would look into it, but it would seem to be best practice to keep things separate. Agreeing that further discussion is needed in this area, Mr. Justus suggested forming a sub-committee to discuss the various options. Not wanting this item to be tabled for lack of a clear majority, Mr. Stack agreed it was another example of the majoritymust win but the minority must be heard. Ms. Suzawa did not think changing numbers today was going to work, but felt there was a good point in the earlier testimony about defining amendments. Mr. TenBruggencate said that was an important feature missing in the Kauai Charter that needs to be dealt with, but there is not enough time to deal with it now. A related issue would be to identify some process by which if there is a question about whether something is a charter amendment, an initiative, or a recall there is someone or some process for making the call before it goes on the ballot and gets challenged. Mr. TenBruggencate moved to increase the • number of signatures required for a charter amendment from 5 percent to 20 percent of the number of registered voters in the last election. Ms. Suzawa seconded the motion. Mr. Guy said he wanted to reiterate that it is hard to support that without a stronger process, and to make this decision at the deadline point. There is good discussion to be had on this topic, and a lot of light has been shed on the importance of simplifying or making it consistent, but he cannot support the motion at this time. Ms. Suzawa asked that all the testimony that has come in goes into record. Mr. TenBruggencate moved to receive all Charter Review Commission Open Session June 23 , 2014 Page 9 SUBJECT DISCUSSION ACTION testimony into the record including written testimony from the Contractors Association of Kauai; Allan Parachini; Tom Shigemoto of A&B; Carl Imparato; Charles Iona. Mr. Justus • seconded the motion. Motion carried 6 :0 Mr. Justus understood very important people and organizations have agreed with Mr. TenBruggencate, and agreed with the idea of balancing the number, but is not convinced that just raising the number will solve the legal issues or define what a charter amendment is. Mr. TenBruggencate said he proposed this, but it was not his amendment; it is something that has been in the community a long time. Motion to increase the signature percentage to 20 percent failed on Roll Call Vote 3 :3 (nay-Guy; nay-Justus; nay-Stack; aye-Suzawa; aye- TenBru encate; a e-Nishida Chair Nishida asked that the July agenda include discussion on the definition of what a charter amendment is and request an Attorney' s opinion on equal charter amendment percentages. Mr. Justus offered to write something for consideration. Recess A recess was called at 5 :31 p.m. The meeting resumed at 5 :36 p.m. CRC 2014-04 Review and final approval of the purpose and findings for proposed amendment to Article XV relating to establishing a Department of Human Resources, Article XXVH Section 27.07 Recall, Article XXIV Section 24.02 on publishing charter amendments by the county clerk and adding Section 24.03 (Article XXIV)on publishing charter amendments by the charter review commission Mr. TenBruggencate moved to approve the language proposed for Article XV as presented Charter Review Commission Open Session June 23, 2014 Page 10 SUBJECT DISCUSSION ACTION by Mr. Shiramizu. Ms. Suzawa seconded the motion. Mr. Justus stated there were too many words in this ballot question and it should be simplified. Ms. Suzawa said the Attorneys want to include all the changes made without misleading the voter by making it too short. Several changes to the wording were discussed. Ms. Suzawa withdrew her second. Mr. TenBruggencate withdrew his motion. Mr. TenBruggencate moved to adopt the revised ballot question language Shall the Department of Personnel Services be changed to the Department of Human Resources, with additional human resources functions? Mr. Justus seconded the motion. Motion carried 6:0 Ms. Suzawa moved to change the ballot question language for Section 27.07 to Shall Charter section 27. 07 regarding recall ballots be amended to comply with State law and to meet voting system requirements? Mr. Justus Mr. TenBruggencate voiced concern that the layout of the ballots may be a seconded the motion. voting system decision, not a State law, and that language may need to be included. It was noted that the State law requires that placement of voting targets meet requirements of the voting system in use. Mr. Guy was r concerned with deleting the wording regarding the layout without discussing this with the Elections Office because it was their wish to make sure that layouts could be streamlined to cut costs. Mr. Shiramizu said the ballot question was what the Elections Office had submitted to the Commission. Motion carried 6:0 Charter Review Commission Open Session June 23 , 2014 Page 11 SUBJECT DISCUSSION ACTION Article XXIV, Mr. Guy thought rather than publishing amendments as "either" "or" it was because printing the full charter in the newspaper was so expensive, and putting it online would be an option. Mr. Guy did not want to change the Charter for just one specific issue, but could see changing the system to allow a special need to trigger that option. Staff read the motion approved at the May 19 meeting: the county clerk shall have summaries of the proposed amendments published in a newspaper of general circulation in the county and the entire text published on the county 's website . . . .. . Mr. Justus stated that was not what the proposed amendment currently reflected, and what was voted on at the last meeting. Amended language for 24.02 B : The county clerk shall have summaries of the proposed amendments published in a newspaper of general circulation in the county and the entire text published by electronic or online publication on the official website of the County c o Kaua `i at least thirty (30) days prior to submission of the proposed amendments to the voters of the county at the next general election. Amended language for 24.02 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. Summaries of any charter amendment shall be published in a newspaper ofgeneral circulation in the county and the entire text published by electronic or ` � Charter Review Commission Open Session June 23 , 2014 , Page 12 SUBJECT DISCUSSION ACTION online publication on the offlicial website of the County ofKaua 7 within thirty (3 0) days of the effective date of such amendment. Section 24.03 requires the Commission to publish charter amendments prior to the election, and seems to be in conflict with 24.02 B which requires the county clerk to do the same. Currently the Commission and the county clerk co-publish the amendments rather than duplicating the process. On suggestion of eliminating Section 24.03 it was pointed out that the Commission sunsets at the end of 2016, and becomes moot if not extended by a future charter amendment. Amended language for Section 24.03 : 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 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 summaries o an,y such Charter Review Commission Open Session June 23 , 2014 Page 13 SUBJECT DISCUSSION ACTION amendments or new charter not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county and the entire text of the amendments or new charter published by electronic or online publication on the official website of the County o Kaua `i. Amended language for Section 24.03 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. Summaries of any new charter or amendment shall be published in a newspaper of general circulation within the county, and the entire text published by electronic or online publication on the official website of the County of Kauai not more than thirty (30) days after its adoption. Mr. Guy thought the new process was to help when publication expenses were large, and not to be set as the model. Mr. TenBruggencate said they also want to bring themselves into the digital age. Deputy Attorney Courson said to tie money into the Charter would cause uncertainty, and the Staff would have to calculate which amount of text went over whatever limit was set. If the process is consistent people will know where to get the information. Mr. TenBruggencate said if they get too careful it will be left to someone to say which one is too long and needs to be summarized and Charter Review Commission Open Session June 23, 2014 Page 14 SUBJECT DISCUSSION ACTION where is the line between. Although summaries would be allowed this does not preclude publishing a short amendment in its entirety. Mr. Guy was not opposed to something printed in the newspaper directing people to the online publication in its entirety noting that the public does have access to computers through the libraries. Ballot question amended: Should the county be allowed to publish summaries of charter amendments or a new charter in a newspaper of general circulation and the entire text on the official website of the County of Kauai? Mr. TenBruggencate moved to approve the language discussed. Mr. Justus seconded the motion. Motion carried 6 :0 CRC 2014-05 Discussion and possible decision-making on whether a footnote is required to clarify subsections B. and C. of Section 26.04. Status of Departments and Transfer of Funds (Defer pending receipt eceipt of the Cogn1y Attoma's_opinion) B. The offices of the county auditor and the county treasurer are abolished and their functions- transferred to the department of finance C. The offices of the elected county clerk and the county attorney are abolished Mr. TenBruggencate moved to defer pending receipt of County Attorney's opinion. Mr. Justus seconded the motion. Motion carried 6:0 Adjournment Chair Nishida adjourned the meeting at 6:42 P41114 t: ♦ >:: ..i. . .% ... '. 1 . I Al Charter Review Commission Open Session June 23, 2014 Page 15 Submitted by: Reviewed and Approved by: Barbara Davis, Support Clerk - James Nishida, Chair ( } Approved as circulated. Approved with amendments. See minutes of meeting. COUNTY COUNCIL P OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair 1905 .�. Mason K. Chock, Sr., Vice Chair GD Ricky Watanabe, County Clerk Tim Bynum U Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser Ross Kagawa tp Mel Rapozo 9?, Telephone (808) 2414188 JoAnn A. Yukimura OF Fax (808) 241-6349 Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 _ Llhu`e, Kauai, Hawaii 96766 MEMORANDUM �- , � Ate - 5 N August 1 , 2014 TO : James Nishida, Jr. , Charter Review Commission Chair and Members of the Charter Review Commission VIA: Paula M. Morikami, Boards and Commissions Administrator FROM: Jay Furfaro, Council Chair RE : REQUEST FOR THE CHARTER VIE OMMISSION TO CONSIDER CONVENING A PUBLIC EDUCATIONAL WORKSHOP RELATING TO CHARTER AMENDMENT, INITIATIVE, AND REFERENDUM PROPOSALS I would like to request that the Charter Review Commission, in collaboration with the Office of the County Attorney consider convening a public educational workshop on what constitutes a Charter Amendment, Initiative , and Referendum and the differences between each type of proposal as outlined in the Kauai County Charter. I am asking that this workshop be taped and broadcasted on Ho`ike as this is a key component in extending the educational outreach to the public. My thought is that Ho`ike would tape and broadcast this meeting like it does for the Planning or Police Commission. Mona W. Clark, Deputy County Attorney, has been very involved in providing guidance to the Kauai County Council on the legal aspects of the differentiation between each type of proposal and would be a great resource to present to the Commissioners and public at this workshop . In the event the Charter Commission does not support utilizing Ms. Clark, perhaps they would consider the use of a trained facilitator (i.e . Diane Zachary, etc) or both. It is my hope that any costs incurred for this workshop can fall under our current Granicus contract, but if for some reason it cannot be accommodated, I would like to offer some of the Council's budget to hold this workshop . AN EQUAL OPPORTUNITY EMPLOYER James Nishida, Jr. , Charter Review Commission Chair and Members of the Charter Review Commission RE : Consider Convening a Public Educational Workshop August 1, 2014 Page 2 I look forward to hearing from you regarding this workshop and please contact me or Council Services Staff at 241 4188 should this request be granted. SS:lM cc: Bernard P. Carvalho, Jr., Mayor Nadine K. Nakamura, Managing Director Alfred B. Castillo, Jr., County Attorney Mona W. Clark, Deputy County Attorney Anne Thurston, 1000 Friends of Kauai (Via E-mail: athurston @irmt.org) David Dinner, 1000 Friends of Kauai (Via E-mail: gentleware @hawan,rr.com) Judy Dalton, Sierra Club of Kauai (Via E-mail: judydalton123 @gmail.com) Current Charter Format which is reflective of the Ramseyer Format ARTICLE II POWERS OF THE COUNTY Section 2 . 01 . Powers . To promote the general welfare and the safety , health , peace , good order , comfort and morals of its inhabitants , the county shall have and may exercise all powers necessary for local self- government , and any additional powers and authority which may hereafter be granted to it , except as restricted by laws of this State . The enumeration or express powers in this charter shall not be deemed to be exclusive . In addition to the express powers enumerated herein of implied thereby , it is intended that the county shall have and may exercise all powers it would be competent for this charter to enumerate expressly . Section 2 . 02 . Exercise of Powers . All powers of the county shall be carried into execution as provided by this charter , or , if the charter makes no provision , as provided by ordinance of the county council . ARTICLE III COUNTY COUNCIL Section 3 . 01 . Legislative Power . The legislative power of the county shall be vested in and exercised by the county council , except as otherwise provided by this charter . Section 3 . 02 . Composition . There shall be a council of seven members elected at - large . 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 ) Section 3 . 04 . Qualifications . A . To be eligible for the council , a person must be a citizen of the United States and must have been a duly qualified elector of the county for at least two years immediately preceding his election or appointment . CRC 2013-03 a . Recommended bolding subsections to eliminate Ramseyer problems ARTICLE II POWERS OF THE COUNTY Section 2 . 01 . Powers . To promote the general welfare and the safety , health , peace , good order , comfort and morals of its inhabitants , the county shall have and may exercise all powers necessary for local self- government , and any additional powers and authority which may hereafter be granted to it , except as restricted by- laws of this State . The enumeration or express powers in this charter shall not be deemed to be exclusive . In addition to the express powers enumerated herein of implied thereby , it is intended that the county shall have and may exercise all powers it would be competent for this charter to enumerate expressly . Section 2 . 02 . Exercise of Powers . All powers of the county shall be carried into execution as provided by this charter , or , if the charter makes no provision , as provided by ordinance of the county council . ARTICLE III COUNTY COUNCIL Section 3 . 01 . Legislative Power . The legislative power of the county shall be vested in and exercised by the county council , except as otherwise provided by this charter . Section 3 . 02 . Composition . There shall be a council of seven members elected at - large . 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 ) Section 3 . 04 . Qualifications . A . To be eligible for the council , a person must be a citizen of the United States and must have been a duly qualified elector of the county for at least two years immediately preceding his election or appointment . Proposed Amendment Section 1 . 04 . Orientation . Immediately upon election or appointment of any person or persons to council or as mayor or prosecuting attorney , the county clerk shall provide for the education and training regarding the person ' s or persons ' powers , duties , functions , and responsibilities under the charter , especially as such powers , duties , functions , and responsibilities also relate to the particular office or position to which said person or persons have been elected or appointed , including helping to educate said person or persons about applicable state and county ethics laws and the State Sunshine Law . Suggested Ballot Question : Shall elected and appointed officials be given an orientation by the county clerk of their powers , duties , and functions , including an understanding of state and county ethics laws ? EJ 072814 CRC 2014 - 06 a Proposed Amendment Section 24 .03 . Qualifications for Amendments . The County of Kauai Charter is constitutional document, drafted in accordance with the will of the people; it, alone with any revisions and amendments, establishes the structure, organization , operation, powers, and responsibilities of the local government of the County of Kaua' i . Any proposed amendments to the charter must only be in regards to these aforementioned matters . ( purpose : to clarify what a charter amendment is ) Suggested Ballot Question ; Shall it be clarified what constitutes a charter amendment? EJ 072814 CRC 2014-06 b . Proposed 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 ] county clerk , signed by registered voters comprising not less than 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 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 ) Suggested Ballot Question : . Shall voter-petition charter amendments be required to be presented to the county clerk instead of the council ? EJ : 8l25114 CRC 201. 4 - 08 James Nishida Members: Chair j _ Mary Lou Barela Joel Guy Jan TenBruggencate Ed Justus Vice-Chair Patrick Stack Carol Suzawa COUNTY OF KAUAI CHARTER REVIEW COMMISSION C/o Office of Boards and Commissions 4444 Rice Street, Suite 150, Lihu`e, HI 96766 MEMORANDUM To: Ricky Watanabe, County Clerk Cc: Honorable Bernard P. Carvalho, Jr., Mayor Nadine K. Nakamura, Managing Director Nicholas Courson, Deputy County Attorney Lyndon Yoshioka, Elections Admini ` From: James Nishida, Chairman Charter Review Commission Via: Paula M. Morikami, Administrator Office of Boards and Commissions Date: August 13, 2014 Re: Transmitting Proposed Charter Amendments and Ballot Questions Transmitted herewith are the final proposed Charter amendments and ballot questions that were approved by the Charter Review Commission at its meeting on Monday, June 23, 2014. For your information, the proposed ballot questions have been reviewed by the County Attorney's Office. Thank you in advance for your kind attention to this matter. (Attachments) d'At An Equal Opportunity Employer i t PROPOSED CHARTER AMENDMENTS 2014 CHARTER REVIEW COMMISSION August 13, 2014 Charter Review Commission - August 13, 2014 Page 1 t � 1 1 1 1 1 1 I 1 1 ' : 1 1 1 1 gill 1 1 1 1 1 I 1 ' 1 1 1 ' I & III 1 fill I I ' II 1 1 " I 1 1 1 IN jPSjLqJ9"W41Ij !t: 1 : 1 1 1 1 - 1 : I a t ' 1 1 : 111 - 1 • 1 =1 1 1 �. 1 111 : • I�ti 1 11 ' • �1 - Y • 11 • 1 - 1 1 1 - 1 � • 1 1 - t I 1 \ ' 1 �: : 1 1 ' • t :+ \ 1 140111 ' 1 : 111 1 1 : falls i 1 11 - t , :.0 1 • / 1 : I 1 1 1 11 - 1 Ili 1W 1 1 11 \ , -\ ; 111 ' 1 1 I • ► - 1 • • =1 - Y - 1 . 1 1 1 \ 1 ! • 1 I ' 1 111 • • 1 ' 111 ' : 11 1 ' x. 11 1 1 11 � � 1 11_�rl_ 11 1 11 yl ILI i1a t_11 s I • 1! oil role) , 1 brqs: 7 1 �1 - IIIt M ;r 1 1 1 1 • 11 1 • 1 • � �� 1 • 1 _ Y " \ 11 11 ' '1 1 1 It 1 - - 1 - 1 , - • 1 - 1 11 1 : 1 1 1 1 \ 1 1 1 - / I 1 � • 1 ti - 1 1 ► 1 1 1 - ' 1 • I - 11 � 1 ► - 1 IJ 1 . 1 \ 1 - / - . 1 1 • 1 1 • 1 \ 1 X11 , \ . 1 t 1 1 1 - 1 - . � � 1 • 1 � � / r ' 1 1 • 1 \ 1 1 1 1 1 • I � \ 1 1 1 - 1 1 1 1 • , \ ' 1 1 1 ' ` I1 W1 1 ' 1 • 111 1 ' • 1 / 11 • 1 � 1 : - I 1 YI 1 1 - ! 1 1 1 : 1 - 1 1 ► - ��II II � • t 1 • 1 11 1 1 • 1 • 1 11 • 1 II 1 , I / 1 1 - 1 1 1 \ ► " - • 1 • 1 1 • 1 V. 1 : 11 1 1 - :i 1 1 - : 11 1 :•: 11 : 1 ► 1 • ' 1 • 1 1 • • L : 1 t % 11 1 • • 1 - 1 1 • 1 : U 1 • 1 1 1 • 15311JI • 1 1 1 1 1 - 1 • 1 1 1 Y \ 1 11 " • 1 : ► . - 1 • 1 � 1 , 1 1 - 1 : • : 1 1 oil to 1 il 1 I 11 ' Wo 1 1 1 ! , ' 1 I " 1 1 1 1 1 : 1 1 1 1 : 1 • 111 1 • � « \ • CM I - �. / • • 1 ' =: • l.; I - 1 • • h � ' / 1 1 - h 1 I : 1 =+ 1 n 1 1 : 1 11 1 1 111 • • - : I 1 t 1 = 1 , . - - 1 to 1 0111 : U 10 111 1 :AN - 11;i&1 1 I 1 • 1 1 11 : t � " 1 n t 1 t : 1 1 1 : II - , 1 , 1 / - sympathy with the principles of the merit system. [He] The director shall be appointed and may be removed by the commission. 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 pMagem ent program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. [Civil Service and E&qmgfim, All positions in the county, except those exempted by law, shall be under civil service.] Hunan Resources Management Program. The director of human resources shall be responsible for the execution of the human resources management pmgram which shall include: A Classification. recruitment selection. employment. deployment, rnomotion. evaluation, discipline, and separation of employees. B. Labor relations and nggoh C Administration of emplgWq t policies and trainingl related to employee benefits, conduct, develoEtnent and safety and injury prevention. D. Workers' compensati on. E. Equal employment Rportumtie& F. Workforce coordination and ply G. Administration of the civil service system as gibed by statute H. Other related duties as may be determined by the Mayor." Not : Charter material to be repealed is bracketed. New charter material is underscored Ballot Oue+sdon: Shall the Department of Personnel Services be changed to the Department of Human Resources, with additional human resources functions? 2. Proposing a Charter Amendment to Article XXIV Relating to Charter Amendment. Charter Amendment. Article XXIV of the Kauai County Charter is amended to read as follows: ARTICLE XXIV CHARTER AMENDMENT Section 24.01 . Initiation of Amendments. Amendments to this charter may be initiated only in the following manner: Charter Review Commission - August 13, 2014 Page 3 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 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. 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 summaries of the proposed amendments published in a newspaper of general circulation in the county and the entire text published by electronic or online publication on the official website of the County of Kauai 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] Summaries of any charter amendment shall be published in a newspaper of general circulation in the county and ft entire text pub fished by electronic or online publication on the official website of the County of Kauai 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 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 summaries of any such amendments or new charter not less than thirty (30) days before any election at least once in a newspaper of general circulation within the county and the entire text of the amendments or new charter by electronic or online publication on the official website of the County of Kauai. Charter Review Commission - August 13, 2014 page 4 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] Summaries of any new charter or amendment shall be published [in its entirety] in a newspaper of general circulation within the county and the entire text published by electronic or online publication on the official website of the County of Kauai not more than thirty (30) days after its adoption. H tg: Charter material to be repealed is bracketed. New charter material n underscored. Ballot Ouesti & Should the county be allowed to publish summaries of charter amendments or a new charter in a newspaper ofgeneral circulation and the entire text on the gflcial website of the County of Kauai? 3. Proposing An Amendment to Charter Section 27.07 Relating to Recall Ballots Charter Amendment. Article XXVII, Section 27.07 of the Knua`i County Charter is amended to read as follows: ARTICLE XXVII RECALL 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 next 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. Ballot Ouesdom Shall Charter section 2 7. 0 7 regarding recall ballots be amended to comply with State law and to meet voting system requirements? Charter Review Commission - August 13, 2014 Page 5 Sao A P County of Baua`i Charter Review Commission 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 EXPLANATION OF COUNTY CHARTER AMENDMENTS PROPOSED IN THE 2014 GENERAL ELECTION Proposed by the Charter Review Commission RELATING TO ARTICLE XV - DEPARTMENT OF PERSONNEL SERVICES "Shall the Department of Personnel Services be changed to the Department of Human Resources, with additional human resources functions?" Vote YES or NO Background: Varying levels of personnel and/or human resources related duties were historically performed by staff members of separate county departments. In order to be more efficient and to better serve the human resource needs of our employees and departments, over the past three years the administration has nearly completed reorganizing all human resources responsibilities so that they are contained within the Department of Personnel Services. Explanation: The purpose of this amendment is to change the name of the Department of Personnel Services to better represent its current duties and responsibilities, and to codify in the Charter those current duties and responsibilities. RELATING TO SECTION 27.07 - RECALL BALLOTS "Shall Charter section 27.07 regarding recall ballots be amended to comply with State law and to meet voting system requirements?" Vote YES or NO Background: Section 27.07 of the Charter presently requires recall ballots to designate voting targets (i.e., spaces for voters to mark their ballot) to be "to the right of the proposition." However, State law requires that placement of voting targets meet requirements of the voting system in use, which may not always provide for the voting target to be "to the right of the proposition." Explanation: The purpose of this amendment is to insure that Charter section 27.07 complies with State law. RELATING TO ARTICLE XXIV - CHARTER AMENDMENT "Should the county be allowed to publish summaries of charter amendments in a newspaper of general circulation and the entire text on the official website of the County of Kauai?" Vote YES or NO Background: The charter currently requires proposed or approved amendments to the charter to be published in their entirety in a newspaper of general circulation, and does not allow for an alternative such as being published electronically (i.e., online). The cost of publishing the entire text of proposed charter amendments in the newspaper can be prohibitive in certain circumstances. ENplanation: This amendment would allow for the publication of a summary of a lengthy proposed amendment in a newspaper of general circulation, but would also require that the full text of the amendment be made available to voters either electronically on the County of Kauai website, or via hard copy if requested. In so doing, the County could save the considerable expense of publishing lengthy amendments in the newspaper, while also insuring that the full text of the amendment is accessible to voters as well. For complete information or copies on Charter Amendment proposals, please go to www.kauai.gov/boardsandcommissions and click on "Charter Review Commission' or contact the Office of Boards and Commissions at 241=4919 or the Elections Division at 2414800 or TTY at 241-5116 during normal business hours.