HomeMy WebLinkAbout2015_0126_Notice_AgendaJames 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, January 26, 2015
4:00 p.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2AB
4444 Rice Street, Llhu'e, HI 96766
Oath of Office for new member Allan Parachini
O CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of November 24, 2014
CRC 2015 -01 Election of Chair and Vice Chair for calendar year 2015 -
EXECUTIVE SESSION -
Pursuant to Hawaii Revised Statutes § §924 and 92 -5(a) (4), the Commission anticipates convening in
Executive Session to consult with its legal counsel on issues pertaining to the Commission's and the
County's powers, duties, privileges, immunities, and/or liabilities as they may relate to the following
Attorney - Client Communication and/or Attorney Work Product.
ES401: CRC 2015 -05 Review and discuss the Commission's and the County's powers, duties,
privileges, immunities, and/or liabilities as they may relate to the
Attorney - Client Communication and/or Attorney Work Product on
whether a footnote is required to clarify Section 26.04 B and C or
removal of the entire section on Transitional Provisions from the Kauai
County Charter
ES -002: CRC 2014 -06 Review and discuss the Commission's and the County's powers, duties,
privileges, immunities, and/or liabilities as they may relate to the
Attorney- Client Communication and/or Attorney Work Product on
whether the original Charter contained�a preamble and whether or note
one is required
ES -003: CRC 2014 -06 Review and discuss the Commission's and the County's powers, duties,
privileges, immunities, and/or liabilities as they may relate to the
Attorney- Client Communication and/or Attorney Work Product and the
Legal Review of proposed charter amendments for Section 24.01, Initiation
An Equal Opportunity Employer
C
of Amendments, and Section 24.04, Clarification of What Constitutes a
Charter Amendment
RETURN TO OPEN SESSION
Ratify Commission actions taken in Executive Session for items:
ES -001, ES -002, and ES -003
BUSINESS (continued)
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)
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
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 Request for Legal
Review for Section 24.01, Initiation of Amendments
b. Request for Legal Review for Section 24.04, Clarification of What Constitutes a
Charter Amendment _
c. Charter Amendment Petition Guidelines & Exhibits; Instructions for Voter
Amendments (On- going)
ANNOUNCEMENTS
Next Meeting: Monday, February 23, 2015 at 4:00 pm in the Mo'ikeha Building, Meeting Room 2A/B
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 §924 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 Philip Dureza
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
Charter Review Commission — January 26, 2015 2 1 P a g e
cj
3. Whether you will be testifying in person or submitting written comments only; and
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
testimony to five (5) minutes. A speaker's time may be limited to three (3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to:
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
Lihu` e, HI 96766
E- mail:bdavisa,kauai. gov
Phone: (808) 241 -4919 Fax: (808) 241 -5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards and
Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting.
Charter Review Commission — January 26, 2015
3 1 P a g e
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
n
Board/Committee:
CHARTER REVIEW COMMISSION
Meeting Date
November 24, 2014
Location
Mo'ikeha Building, Meeting Room 2A/2B
Start of Meeting: 4:00 p.m.
End of Meeting: 4:44 p.m.
Present
Chair James Nishida; Vice Chair Jan TenBruggencate. Members: Ed Justus; Patrick Stack; Carol Suzawa
Also: Deputy County Attorney Adam Roversi; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator
Paula Morikami
Excused
Members: Mary Lou Barela; Joel Guy
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Nishida called the meeting to order at 4:00
pm with 5 Commissioners present which
constitutes a quorum
Approval of
Regular Open Session Minutes of October 27, 2014
Mr. TenBruggencate moved to approve the
Minutes
minutes as circulated. Mr. Justus seconded the
motion. Motion carried 5:0
Business
CRC 2014 -13 Review and discussion of the final results of the 2014
Charter Amendments
Mr. Justus asked to comment on observations heard from other people as
well as thoughts of his own. Someone pointed out the second ballot
question regarding publishing of summaries that perhaps it would have been
more honest if we had said we were changing it from publishing the entire
thing to publishing just the summaries and putting it online; we should look
1
at this in the future to be as clear as we possibly can. Mr. TenBruggencate
said he was not sure there was an honesty issue; you can assume from the
..�
ballot question the amendment was about summaries as opposed to the
(�
complete text.
Mr. Justus also said a lot of people asked him what happened to the voter
Charter Review Commission
Open Session
November 24, 2014
f i
SUBJECT
DISCUSSION
ACTION
education like we did in 2012 such as Hoike. Mr. TenBruggencate said the
year before when he was the Chair he did talk about the amendments on the
Mayor's show. Staff also said in 2012 there were multiple questions, which
were thought might be confusing so Mr. Stack and Mr. Guy explained the
Commission's amendments, along with Ms. Yukimura who explained the
Council amendments on the Mayor's show. Staff further explained a voter
education piece was done this year and distributed to libraries,
neighborhood centers, emailed to organizational groups, etc. Mr. Justus
thought taping the 2016 ballot questions for the Mayor's show would be
helpful. People also approached Mr. Justus about the Pros and Cons of each
of the amendments being presented. Mr. TenBruggencate said they have
had conversations about that and one of the issues is that it is often
housekeeping issues such as this year's amendments and you would have to
work hard to come up with a "Con" which was not contrived. There is no
particular "Con"; it is just should you do it or should you not do it so we
dispensed with that. (File note on Pros and Cons: during the taping in 2012
Mr. Stack also explained the Commission proposes amendments deemed
necessary or desirable so the thinking is why would we provide an opposing
Mr. TenBruggencate moved to receive the
reason that does not favor the amendment ?)
communication. Mr. Stack seconded the motion.
Motion carried 5 :0
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 XXIV
through XXXII (On- going)
Continue to defer until Staff has completed their
review.
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 LDefer pending receipt of the Cgppt Attorne 's opinion
Deferred
CRC 2014 -06 Discussion on whether there is a need to define what a charter
amendment is
Charter Review Commission
Open Session
November 24, 2014
Page 3
C)
0
SUBJECT
DISCUSSION
ACTION
a. Add a preamble or an additional paragraph to section 1101 (Defer
pending receipt eceipt of County Attorney's opinion as to whether the Preamble to the
Charter was adopted by the people in 1968 and why it does not show up in
subsequent documents)
b. October 27 revision of proposal to Article XXIV by Commissioner
Justus clarifying what constitutes a charter amendment
C, Request for Legal Review for Section 24.01, Initiation of Amendments
(Defer pending receipt of the County Attorney's Opinion)
d. Charter Amendment Petition Guidelines & Exhibits; Instructions for
Voter Amendments
Item b.: Mr. Justus stated that in place of the full packet on charter
amendment changes he is now presenting what would be the most
substantive of changes and would address the critical issue. The language
mirrors the language in the final court ruling of the 20.04 `Ghana
amendment. To make it critically clear why it is important to have
something in the Charter that defines what a charter amendment is Mr.
Justus poirlted out he has a copy from the appellate court that made that
final decision, and he then read excerpts from that document. What this
means according to our Charter is anything is a valid Charter amendment,
but only the courts have the power to decide its validity or invalidity. Had
there been a clause in the Charter that says it must relate to the form and
structure of County government, the most recent petition would not have
been able to be presented. That would be a way to match what the law says
with the Charter and avoid lawsuits.
Chair Nishida clarified that §24.04 would be an addition. To eliminate
confusion regarding charter created departments that were not initially
established by adoption of the charter, Mr. Justus said that portion could be
eliminated. Mr. TenBruggencate suggested adding additional language
from the court ruling saying "it is not a vehicle through which to adopt local
0
Charter Review Commission
Open Session
November 24, 2014 Page 4
0
SUBJECT
DISCUSSION
ACTION
legislation" to avoid overriding the County Council.
Section 24.04 to read: Substance ofAmendments. Any amendment to the
charter is limited in substance to amending the form or structure of county
Mr. Justus moved to adopt the language. Mr.
government. It is.not a vehicle through which to adopt local legislation.
TenBruggencate seconded the motion.
Motion carried 5:0
The revised proposed amendment will be sent for legal review.
Item d.: While Chair Nishida and Ms. Suzawa thought the information
given to petitioners was pretty thorough Mr. Justus questioned if the list of
definitions were established by the County Clerk's Office, or the County
Code because it is not in the Charter. Mr. TenBruggencate suggested the
County Clerk's Office, which runs the elections division, probably came up
with the explanations for terms that might not be clear in the fact sheet. Mr.
TenBruggencate further suggested that the identifiers for voters appear to be
the same as what is used by the State Elections Office. Mr. Justus
questioned if it would be beneficial for the Commission to examine a
potential charter amendment for clarifying the process for charter
amendment petitions. Mr. TenBruggencate did not think that was the
Commission's function and asked Mr. Justus what he thought was not
adequate. Mr. TenBruggencate said he did not want to be a solution looking
for a problem.
Mr. Justus pointed out that what happens after filing is not defined once
given the valid number of signatures. He stated there was no mention for
procedures after filing, supplementary petitions, or even withdrawal of
petitions. Mr. TenBruggencate said it is important to recognize what the
document is, and it is what is given to the petitioners so they understand
how to prepare a valid petition; it is not the document the County refers to
on how to process a petition. Mr. Justus noted there is nothing in the
Charter Review Commission
Open Session
November 24, 2014
Omen,
n,,.
E*
SUBJECT
DISCUSSION
ACTION
Charter about timeliness, and how long it takes to make sure the signatures
are valid once the petition has been given to the Clerk's office. Mr.
TenBruggencate said the office has a set of guidelines and maybe that is
what the Commission should be asking for.
Staff asked if the Commission would like to invite the County Clerk and the
Elections Officer to address these questions before considering making
changes. Ms. Suzawa agreed the Article on Initiatives and Referendums has
more instructions on filing whereby it appears there is not that much to do to
file a Charter amendment. It would be good to ask the County Clerk how
much is necessary to file under the Charter, and what may be needed to
match it with Referendums.
Chair Nishida thought the big reason for filing as a Charter amendment was
the difference with the percentage of signatures required. Ms. Suzawa
agreed that the percentages should be the same for Charter amendments and
Initiatives and Referendum. Mr. Justus added that even if the percentages
are the same, voters will try to go the Charter route as the requirements are
simpler. Chair Nishida said the Initiative and Referendum is more
involved in that it actually changes law whereby the Charter is more general
in how the government functions.
Chair Nishida requested an agenda item for the
next meeting in which Staff invites the County
Clerk and Elections Officer to discuss instructions
given to the public to initiate Charter amendments.
Announcements I
Next Meeting: Monday, January 26, 2015, 4:00 p.m.
Adjournment
Mr. Justus moved to adjourn the meeting at 4:44
p.m. Mr. TenBruggencate seconded the motion.
Motion carried 5:0
Charter Review Commission
Open Session
November 24, 2014
Submitted by:
,M
Barbara Davis, Support Clerk
D
Reviewed and Approved by:
e
James Nishida, Jr., Chair
e
ARTICLE XXVI
TRANSITIONAL PROVISIONS
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 funct-ions transferred to the department of
finance.
C. The offices of the elected county. clerk and the county
attorney are abolished»
05
o fi
c
MORRIS S, SHI14SATO
1972 — 1983
The Kauai County Charier was adopted by the people of Kauai in 1968 and the
Charter bemme effectiveron January 2, 1969. The Kauai County Charter represents
C_ the basic foundation upon which our County cpYernment stands. Instrumental in the
creation of the Charter was Morris S. Shinsato who served as Chairman of the original
Charter Commission which began-in 1967. Subsequently, over the succeeding.
years, there were numerous amendments to the County Charter and as County
Attorney, Morris S. Shinsato had considerable influence upon the evolution of the
County Charter in that he rendered advice and recommendations on virtually all
amendments. The latest mandatory charter review was completed in i984 and again
Morris S. Shinseto played an integral part as Chairman of the Charter Reyievr
Commission. The people of Kauai, through the official ation of the County Council,
would like to ftjicat3 this revised edition to Morris S. Shinsato for his selfless and
indispensable service to the people of the County of Kauai and in particular for his
indelible contribution to the Kauai County Charter.
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County Attorne
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?� i�, Yaaoto
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Amendment Relating to Initiation of Amendments.
Charter Amendment,
Article XXIV, Section 24.01 of the Kaua'i County Charter shall be amended to read as
follows:
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] presentation 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?
Note: Charter material to be deleted is bracketed. New charter material to be
added is underscored.
IT
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Section 24.04. Substance of Amendments. Any amendment to the
charter is limited in substance to amending the form or
structure of county government. It is not a vehicle through
which to adopt local legislation.
Ballot Question; Shall it be clarified what constitutes a
charter amendment?
CRC approved 11/24/14
1
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b:
County of Kauai
State of Hawaii
OVERVIEW
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
Amendments to the Charter may be initiated by petition presented to the council,
signed by not less than five percent (5 %) of the number of voters registered in the last
general election.
Upon filing the charter amendment petition with the council, the county clerk shall
examine it to see whether it contains a sufficient number of valid signatures of voters.
To be deemed sufficient, petitions circulated prior to the 2014 General Election must
( contain not less than 2,037 valid signatures (i.e. 5% of the number of 40,738 registered
voters in the 2012 General Election).
If the petition contains a sufficient number of valid signatures, the county clerk
shall place the proposed charter amendment on the ballot at the next general election.
Should
the majority of
the voters voting thereon
approve the proposed charter
amendment, it
shall become
effective
at the
time
fixed
in
the
amendment.
DEFINITIONS
Unless the context indicates otherwise when used in this Fact Sheet the words or
terms below shall be construed as follows.
"Voter" means an individual who is listed in the Statewide Voter Registration
System and is eligible to vote in the upcoming election.
(
"Blank vote" means a situation in which the vote tabulation system does not
detect a vote for a given contest.
"County attorney" means the county attorney of the County of Kaua'i.
"County clerk" means the county clerk of the County of Kauai.
"County charter" means the Kauai County Charter.
"County code" means the Kauai County Code.
"Over vote" means a situation in which the vote tabulation system detects
more votes than are permitted for a given contest.
/ ' to V
Page 1 of 7 e g e- 46
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
"Petition" means a printed document used to collect handwritten information
and signatures from registered voters for the purpose of qualifying a charter
amendment question for the ballot at the upcoming General Election.
"Signatory" (or "signatories ") means an individual (or individuals) who signed
the petition.
"Voter status" means the status noted in the Voter Status Indicator field
depicted on the main screen of a voter's registration record in Statewide Voter
aRegistration System,
PETITIONER'S COMMITTEE
Section 24.01 of the County Charter, requires petitioners to form a petitioner's
committee (hereinafter "Committee ") composed of not less than three (3) nor more than
five (5) signers who shall be designated and authorized 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.
The Committee shall also be responsible for printing and circulation of the
petition, and assembling and filing the petition in proper form.
Prior to the printing and circulation of the petition, the Committee shall:
I. Submit an organizational report to the County Clerk (exhibit 1) to
register the names of individuals who are authorized to approve
alterations and changes to the petition pursuant to section 24.01 of the
County Charter; and
Il. Meet with the County Clerk to receive an overview of the petition
process.
PETITION CONSTRUCTION AND CONTENT
Petitions shall be uniform in size and style using paper of at least twenty (20)
pound stock. Petitions shall not be printed on carbon paper or similar types of paper
which duplicate signatures and personal information on separate sheets of paper
positioned underneath the original petition.
Page 2 of 7
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
Printing shall be imprinted darkly using fade resistant ink. Only text and related
printing required by the County Charter and County Code shall be imprinted on petition
pages. A sample petition is provided in exhibit 2.
Minimally, each petition page shall include:
I. Petition heading (i.e. "Charter Amendment Petition ")
II. Signatory Affirmation:
"By signing the petition, I hereby affirm that: 1) 1 am the person I claim
to be; 2) 1 am signing the petition for myself and no other; 3) 1 support
submitting the attached proposed charter amendment to the voters at
the next general election; and 4) all information I provide on the petition
is true and correct."
III. Signatory heading minimally consisting of the Signatory's printed name
and signature.
IV. Area designated for petition
circulators
to record the
number of
signatures contained on the
page, and
the initials of
the circulator
Additionally, it is strongly recommended that the signatory heading also request
that signatories provide:
I. The last 4- digits of their social security number; and
II. Residence address.
Finally, the following shall either be contained in or be attached to each petition
page or set of petition pages throughout circulation:
I. The names of the signers who constitute the petitioner's committee;
II. The address to which all notices for petitioner's committee are to be
sent; and
Ill. Full text of the applicable charter amendment.
Prior to petition circulation, the county clerk shall review the petition and may
require revisions to ensure County Charter and County Code requirements are fulfilled.
Once the County Clerk approves the petition for circulation revisions shall be prohibited.
Page 3 of 7
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
PETITION CIRCULATION
Petitions shall only be circulated with material required by County Charter and
County Code. Any individual, group or organization circulating a charter amendment
petition shall be prohibited from:
Offering money or anything of value to an individual to sign or not to
sign a charter amendment petition;
II. Altering or defacing text imprinted on the petition page;
III. Altering or defacing personal information and signatures furnished by
signatories;
IV. Using coercive, discriminatory or deceptive signature gathering
practices;
V. Photocopying, digitally scanning or reproducing by any other means
personal information and signatures contained on a petition; and
VI. Using personal information and signatures furnished by signatories for
any purpose other than qualifying the charter amendment measure for
the ballot in the upcoming general election.
SIGNATURE REQUIREMENTS
Each Signatory shall provide all information required by the petition. To be
deemed sufficient, the petition shall be signed by the at least five percent (5 %) of the
number of registered voters in the last general election.
Petitions to place charter amendment questions on the 2014 General Election
ballot shall contain not less than 2,037 valid signatures (40,738 voters x 0.05).
SIGNATURE VALIDATION CRITERIA
To be deemed a valid signature (i.e., counted), the signatory shall be a registered
voter of the County of Kauai at the time the petition was signed.
Only signatures from registered voters will be deemed valid. Signatures from
individuals who are not registered to vote or who are former registered voters of the
county of Kauai shall be not be counted.
Page 4 of 7
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
Additionally, records in SVRS with the following voter statuses shall not be
counted:
I. "CA" (cancelled) status — Signatory voluntarily canceled his /her voter
registration;
II. "MA" (moved away) status — Another state reported that the signatory
is registered to vote there;
QIII. "DQ" (disqualified) status — Signatory has been disqualified from voting
due to an election law violation;
IV. "DE" (deceased) status — State Department of Health reported the
signatory is deceased; and
V. "FE" (felon) status — The Federal or State Courts have reported that
the signatory is an incarcerated felon.
PETITION FILING
The Committee shall organize and file the petition as one (1) instrument. The
petition shall be filed by a member or members of the petitioner's committee.
Individuals who are not members of the petitioning committee shall be prohibited from
filing the petition.
Any petition pages filed by a member of the petitioners committee after the initial
petition filing shall be deemed part of the supplementary petition and processed only if
required.
Each page of the petition shall be consecutively numbered using a numbering
machine. The total number of pages shall be recorded on a Petition Acknowledgement
of Receipt (Receipt) (exhibit 3). A copy of the Receipt shall be provided to the
Committee to document acceptance of the petition.
PETITION PROCESSING
Before any signatures are verified, the petition will be photocopied and digitally
scanned to preserve its original, unaltered appearance. The original petition will be filed
and the photocopied petition will serve as the working copy used to verify petition
signatures.
Page 5 of 7
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
To verify that the petition is signed by registered voters comprising not less than
five percent (5 %) of the number of voters registered in the last general election, the
petition will undergo a two (2) step validation process:
I. To confirm that a petition signer is a registered voter of the County of
Kauai, a manual search of the Statewide Voter Registration System
will be conducted for the signatory's voter registration record; and
II. To authenticate the signature on the petition it will be compared
against an authentic signature of the signatory on file in the Elections
Division.
To be deemed a valid petition signature which will count towards the number
required to make the petition sufficient, a signatory must be a registered voter of the
County of Kaua'i and the signature on the petition must match the corresponding voter's
signature on file in the Elections Division.
Petition signatures which
fail to
meet one or
both of the aforementioned
validation steps will be deemed
invalid
and will not
be counted.
Once all signatures have been verified, a count of the valid and invalid signatures
will be transmitted to the County Clerk and the Committee.
If the initial petition lacks a sufficient number of valid signatures and time permits,
the Committee may collect additional signatures and submit supplemental petition
pages. Supplemental petition pages shall meet all requirements of the initial petition
submittal and shall be submitted on or before the deadline established in the 2014
Charter Amendment Petition Timeline (exhibit 4).
ELECTIONS AND BALLOT MEASURE
The ballot question in final form shall be submitted to the County Clerk prior to
the deadline established in Hawai'i Revised Statues section 11 -119 (exhibit 5).
Voter education material, if any, shall be prepared in accordance with Hawai'i
Administrative Rules Chapter 172, Subchapter 2 (exhibit 6) and shall be submitted to
the County Clerk in final form not later than sixty (60) days prior to the day the ballot
measure is scheduled for vote in the County. The County shall reserve the right to not
use voter education material if County Attorney determines said material is unsuitable
for any reason.
Page 6 of 7
County of Kaua'i Elections Division
State of Hawai'i Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION GUIDELINES
Blank votes and over votes shall not be counted when tabulating election results
for charter amendment ballot measures (exhibit 7).
This Fact Sheet is for informational purposes only and is not the authority on charter amendment petitions
and/or the election process for the County of Kauai. Consult the County Charter, County Code, Hawai'i
Revised Statutes, Hawai'i Administrative Rules, and other sources for more detailed and complete
requirements.
November 12, 2013
ko
Elections Division
Office of the County Clerk
4386 Rice Street Suite 101
Lihu'e, Hawai'i 96766
Page 7 of 7
0
0
Petitioners Committee Organizational Re
port
STATE OF HAWAII
IMPORTANTI PRINT CLEARLY IN
County of Kauai
BLACK INK, FAILURE TO COMPLETE
ALL ITEMS WILL PREVENT
Elections Division
ACCEPTANCE OF THIS FORM.
Office of the County Clerk
Type of Petition:
[ ] Charter Amendment
[ ] Initiative /Referendum
OFFICE USE ONLY)
COMMITTEE INFORMATION
Name:
Mailing Address:
Phone:
Fax:
E -mall:
'CHAIRPERSON
[ ] Primary Contact
[, ] Alternate
Contact
Name:
Mailing Address:
Phone:
E -mail:
'VICE CHAIRPERSON
[ 1 Primary Contact
[ ] Alternate
Contact
Name:
Mailing Address:
Phone:
E -mail:
MEMBER
[ j Primary Contact
[ ] Alternate
Contact
Name:
y�
Mailing Address:
Phone:
E -mail:
MEMBER
[ 1 Primary Contact
[ ] Alternate
Contact
Name:
Mailing Address:
Phone:
E -mail:
MEMBER
[ ] Primary Contact
[ ] Alternate
Contact
Name: —
- - -
Mailing Address:
Phone:
E -mail:
Submitted By:
Signature Exhibit 1
Date:
�e
Ji
Charter Amendment Petition
This petition proposes an amendment to Article _ of the Charter of the County of Kaua'i. By signing this petition,
you hereby affirm that: 1) you are the person you claim to be; 2) you are signing the petition for yourself and no
other; 3) you support submitting the attached proposed charter amendment to the voters at the next General
Election; and 4) all information you provided is true and correct
NOTICE
THE FULL TEXT OF THE PROPOSED CHARTER AMENDMENT SHALL BE ATTACHED TO ALL PETITION
SIGNATURE PAGES THROUGHOUT CIRCULATION.
Exhibit 2
Soc. Sec. No.
Last 4Diglts
Printed Name
(Last, First, MI)
Residence Address
(NOT P.O. Box)
Signature
onl" Use only
slgnatum
ststus
1
2
3
4
5
e
e
a
10
11
12
13
14
16
is
17
1s
W
20
21
22
23
24
26
FOR COUNTY CLERK
FOR PETITION CIRCULATOR
Page No.
Total Pages
Signatures on Page
No. VALID
No. INVALID
No. on page
Initials
NOTICE
THE FULL TEXT OF THE PROPOSED CHARTER AMENDMENT SHALL BE ATTACHED TO ALL PETITION
SIGNATURE PAGES THROUGHOUT CIRCULATION.
Exhibit 2
COUNTY OF KAUAI
OFFICE OF THE COUNTY CLERK
ELECTIONS DIVISION
PETITION
ACKNOWLEDGEMENT OF RECEIPT
Type of Petition (check one):
CI[ ] Charter Amendment
C�
[ ] Other (specify):
Type of Filing (check one):
[ ] Initial Filing
COMMITTEE:
NO. OF PAGES:
SUBMITTED BY:
SIGNATURE(S):
SIGNATURE:
[ ] Initiative /Referendum
[ ] Supplementary Filing
DATE FILED:
This Acknowledgement Of Receipt only documents the filing of the above
referenced petition with the Office of the County Clerk. Neither this receipt nor
the acceptance of the petition constitutes express or implied approval, or in any
manner indicates that the contents of the petition fulfills legal requirements
specified in the Kauai County Charter, County Code, and /or other authorities.
Exhibit 3
ORIGINAL (File) PHOTOCOPY (Committee)
County of Kaua'i
State of Hawaii
Date
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION TIMELINE
(Pursuant to Kauai County Charter, Section 24.01.13.)
May 22, 20141---------- ------------- - - - - --
Event
"Sunshine Law deadline to place the charter
amendment petition(s) on the 5/28/14 Council
meeting agenda
May 28, 2014______________________ • .• ......... Council meeting to officially receive charter
amendment petitions
C,
2,037 valid signatures required on any petition
to initiate charter amendment (40,738
registered voters in 2012 General Election;
40,738 x 5% = 2,037 signatures)
May 28 to June 27, 2014 .................
_ __ •...•..- Verification of petition signatures by County
Clerk's office
June 27, 2014.........•• ........................ _ _________•County Clerk to issue initial certificate reporting
the petitions sufficiency (or insufficiency)
June 28 to July 11, 2014.- ........•_ ................ Supplemental signature collection period for
insufficient petition
July 12 to July 18, 2014.- •.....•___ _ ................. Verification of supplemental petition signatures
by County Clerk's office
July 18, 2014_______________ ••. ....................... County clerk to issue final certificate reporting
the petitions sufficiency (or insufficiency)
July 19 to August 15, 2014,11,111,111,111, ..... _- .Review of form and /or language by county
attorney (30 days)
August 21, 2014 ... . ......... ..........•.............. - .... Deadline to submit charter amendment
questions, and initiative questions to the Office
of Elections (Hawai'i Revised Statutes §11-
119)
October 3, 2014 ..........
•_- .._.._••_ ..................... Publication of all proposed charter
amendments in a newspaper of general
circulation in the county (Kaua'i County Charter
section 24.02.13)
E *1 iP t 4
C
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION TIMELINE
(Pursuant to Kauai County Charter, Section 24.01.13.)
NOVEMBER 4, 2014 „____________________
December 4, 2014
GENERAL ELECTION (Hawai'i State
Constitution, Article ll, Section 8)
Publication of approved charter amendments in
a newspaper of general circulation within the
county within thirty (30) days (Kaua'i County
Charter section 24.03. B)
Petitioners will be notified in writing if revisions to this timeline are required. Unless
written notification is provided, all deadlines are final — no extensions will be granted.
Kauai County Charter, Article XXIV (Charter Amendment), Section 24.01.6.
Section 24.01. Initiation of Amendments. Amendments to this charter may be
initiated... in the following manner:
B. By petition presented to the council, signed by registered voters comprising
not less than five percent (5 %) 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)
Disclaimer
This Fact Sheet is for information purposes only and is not the authority on charter amendment petitions
and/or the election process for the County of Kaua'i. Consult the County Charter, County Code, Hawai'i
Revised Statutes, Hawai'i Administrative Rules and other sources for more detailed and complete
requirements.
November 4, 2013
Elections Division
Office of the County Clerk
4386 Rice Street, Suite 101
Uhu'e, Hawaii 96766 -1819
E i 01; 4
§11 -119 Printing; quantity. (a) The ballots shall be printed by order of
the chief election officer or the clerk in the case of county elections. In any
state or county election the chief election officer on agreement with the clerk
may consolidate the printing contracts for similar types of ballots where such
consolidation will result in lower costs.
(b) Whenever the chief election officer is responsible for the printing of
ballots, unless provided otherwise, the exact wording to appear thereon,
including questions and issues shall be submitted to the chief election officer
not later than 4:30 p.m. on the seventy -fifth calendar day prior to the
applicable election.
(c) Based upon clarity and available space, the chief election officer or
the clerk in the case of county elections shall determine the style and size of
type to be used in printing the ballots. The color, size, weight, shape, and
thickness of the ballot shall be determined by the chief election officer.
(d) Each precinct shall receive a sufficient number of ballots based on
the number of registered voters and the expected spoilage in the election
concerned. A sufficient number of absentee ballots shall be delivered to each
clerk not later than 4:30 p.m. on the fifteenth day prior to the date of any
election. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(kk); am L 1975, c 36, §1
(6); am L 1976, c 106, §1(9); am L 1979, c 133, §4; am L 1980, c 264, §1(i); am
L 1985, c 203, §4; am L 2011, c 143, §4]
Previous Vo101 Ch0001 -0042F Next
Exhibit 5
SUBCHAPTER 2
VOTER EDUCATION
§3- 172 -10 Purpose. The chief election officer may
establish voter education programs, including publishing
voter information pamphlets, conducting voter awareness
media campaigns, and employing other voter information
methods deemed appropriate by the chief election officer.
IEffJAN 0 92810 (Auth: HRS § §11 -2, 11 -4) (Imp: RRS 911 -2)
§3- 172 -11 Voter pamphlet. (a) The chief election
officer or the clerk may produce a voter information
pamphlet in printed or web accessible form.
(b) The chief election officer or clerk may select
the district or districts to be covered by the voter
information pamphlet. The pamphlet may be made available,
by mail or other methods, to households within the selected
district with one or more registered voters.
(c) A photograph and statement from each candidate
who qualifies for the ballot in the selected district or
districts may be included in the pamphlet; provided that
the candidate submits the appropriate photograph or
statement, or both, before the deadline established by the
chief election officer..
(1) The voter information pamphlet may include a
candidate's information -sectioti that may
include the following photograph and
information to be provided by the candidate:
(A) A black and white photograph of the face
or head and shoulders of the candidate;
provided that the chief election officer
may further prescribe the dimensions of
such photograph;
(B) The candidate's name, campaign headquarter
address and telephone number, party
affiliation or nonpartisanship in partisan
elections, the office for which the
candidate is running, and the.district or
districts in which the election is being
held; and
P.
172 -14
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deadline established by the chief election officer or the
clerk. The arguments shall be submitted according to the'
following.
(1) If the measure originated in the legislature or
county council, one legislative proponent and
one legislative opponent, to be chosen by the
presiding officer of the chamber of origin,
will be given the first opportunity to prepare
the arguments; or
(2) If the measure originated by petition, one
proponent and one opponent may submit an
argument.
(g) The chief election officer or the clerk may
decide not to include arguments regarding ballot issues in
the voter information pamphlet that are deceptive or
misleading and may be limited under the following
circumstances:
(1) Arguments exceeding two hundred fifty words
shall be truncated, beginning with the
elimination of the sentence-that contains the
two hundred fifty -first word;
(2) Language or arguments that are considered
obscene or defamatory shall not be printed;
(3) The chief election officer may edit arguments
for format but not language if the typeset
argument would exceed the space allotted in the
pamphlet layout; and
(4) If the arguments have not been submitted in
conformance with this section, the pamphlet may
state "No argument submitted." [EfSAN 0 9 70101
(Auth: HRS X11 -4) (Imp: HRS 511 -2)
93- 172 -12 Election equipment loans. (a) The chief
election officer or clerk may establish a program to
authorize the use of any available election equipment by
schools or community organizations at no cost. The chief
election officer or clerk may charge a school or community
organization for applicable shipping and delivery charges
and for the repair or replacement of equipment damaged by
the school or community organization.
(b) The following election equipment may be made
available: voting booths, and other election equipment.
172 -1b
88 97
Exhibit 6
D
M
(c) The equipment may be available from the chief
election officer, clerk, or designated representative,
(d) organizations under this program shall assign as
coordinator who will be the point of contact and who will
assume the responsibility for the election equipment.
[eff JAN 0 9 20101 (Auth. HRS 5 511 -41 16 -3) (Imp; HRS §11 -2)
S§3-17213 to 3- 172--19 (Reserved)
of
172 -17
Exhibit 6
C
n
ELECTIONS, GENERALLY
minutes, the voter shall be removed by the precinct officials. [L 1970, c 26, pt of §2; am L 197 , c
217, §1(ss); am L 1980, c 264, §1(n); gen ch 1985]
§11 -139 Voting assistance. (a) Any voter who requires assistance ote may be
given assistance by a person of the voter's choice, other than the voter's a toyer or agent of
that employer or agent of the voter's union, or the voter may receive t ssistance of two
precinct officials who are not of the same political party. A voter ne ing assistance may be
handed a ballot outside the polling place but within one hundre eet thereof or within the polling
place parking lot by the precinct offiZhe eir prese but in a secret manner, mark and
return the same to the precinct offic
(b) The precinct officials shiti in the record book the following:
(1) The voter's name;
(2) The fact that the voter e names on the ballot, if that is the reason for
requiring assistance, athe specific physical disability which requires the
voter to receive assista
(3) The name or name the person or persons furnishing the assistance. [L 1970, c
26, pt of §2; am 1972, c 158, §2; am L 1973, c 217, §1(ft); am L 1985, c 203, §5;
am L 2002, 9, §1]
§?11- 40 Spoiled ballots. In elections using the paper ballot and electronic voting
systems, voter spoils a ballot, the voter may obtain another upon returning the spoiled one.
Befor eturning the spoiled ballot, the voter shall conform to the procedure promulgated by the
c ' election officer to retain the secrecy of the vote. [L 1970, c 26, pt of §2; am L 1973, c 217,
PART X. VOTE DISPOSITION
§11 -151 Vote count. Each contest or question on a ballot shall be counted
independently as follows:
(1) If the votes cast in a contest or question are equal to or less than the number to be
elected or chosen for that contest or question, the votes for that contest or question
shall be counted;
(2) If the votes cast in a contest or question exceed the number to be elected or chosen
for that contest or question, the votes for that contest or question shall not be
counted; and
(3) If a contest or question requires a majority of the votes for passage, any blank,
spoiled, or invalid ballot shall not be tallied for passage or as votes cast except that
such ballots shall be counted as votes cast in ratification of a constitutional
amendment or a question for a constitutional convention. [L 1970, c 26, pt of §2; am
L 1975, c 36, § 1(12); am L 1986, c 305, §2; am L 2000, c 54, § 1 ]
f counting. (a) In an election using the paper ballot voting system,
immediately after the close of the po s, ecinct officials shall open the
ballot box. The precinct officials at the precinct shall proceed to count the vo
Exhibit 7