HomeMy WebLinkAbout2015_0223_AgendaPacketJan TenBruggencate Members:
Chair Ed Justus
James Nishida, Jr.
Allan Parachini
Joel Guy Patrick Stack
Vice Chair
COUNTY OF KAUAI CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, February 23, 2015
4:00 p.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2A/B
4444 Rice Street, LThu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of January 26, 2015
CRC 2013 -03 Review of Recommendations in Ramseyer form from legal analyst Curtis
Shiramizu on identifying and proposing grammar, punctuation, revisions and to
bring in line the previous amendments approved by the voters to the Kauai
County Charter (Defer to September 2015)
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 (Deferred 1/26/15)
CRC 2014 -06 Discussion and possible decision - making 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; Charter Amendment
0 Proposal for Section 24.01, Initiation of Amendments
b. Charter Amendment Proposal for Section 24.04, Clarification of What
Constitutes a Charter Amendment
c. Charter Amendment Petition Guidelines & Exhibits; Instructions for Voter
Amendments (On- going)
(Items deferred 1/26/15)
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes § §92 -4 and 92 -5 (a) (4), 92 -9 (a)(14) (b), the purpose of this
executive session is to receive and approve Executive Session minutes and to consult with the
Commission's 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 this item, deliberate and take such action
as appropriate.
ES -004: Regular Executive Session Minutes of January 26, 2015
An Equal Opportunity Employer
RETURN TO OPEN SESSION
Ratify Commission actions taken in Executive Session for items: ES -004
ANNOUNCEMENTS
Next Meeting: Monday, March 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
executive session on any agenda item without written public notice if the
anticipated in advance. Any such executive session shall be held pursuant
limited to those items described in HRS §92 -5(a). Discussions held in Exec
the public.
Cc: Deputy County Attorney Philip Dureza
deemed necessary, hold an
executive session was not
to HRS §92 -4 and shall be
,utive Session are closed to
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior
to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only; and
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
testimony to five (5) minutes. A speaker's time may be limited to three (3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to:
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
L- 1hu`e, HI 96766
E- mail:bdavisAkauai.gov
Phone: (808) 241 -4919
Fax: (808) 241 -5127
Charter Review Commission — February 23, 2015 2 1 P a g e
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.
0
Charter Review Commission — February 23, 2015 3 1 P a g e
n
Minutes of Meeting
OPEN SESSION
Board/Committee:
CHARTER REVIEW COMMISSION
Meeting Date
January 26, 2015
Location
Mo'ikeha Building, Meeting Room 2A/2B
Start of Meeting: 4:11 pm
End of Meeting: 4:56 pm
Present
Chair Jan TenBruggencate; Vice Chair Joel Guy. Members: James Nishida; Allan Parachini
Also: Deputy County Attorney Philip Dureza; Boards & Commissions Office Staff: Support Clerk Barbara Davis
Excused
Members: Ed Justus and Patrick Stack
Absent
SUBJECT
DISCUSSION
ACTION
Prior to the start of the meeting, Council Administrative Assistant Eddie
To enio gave the Oath of Office to new member Allan Parachini
Call To Order
Chair Nishida called the meeting to order at 4:11
m with 4 Commissioners present
Approval of
Regular Open Session Minutes of November 24, 2014
Mr. TenBruggencate moved to approve the
Minutes
minutes as circulated. Mr. Guy seconded the
motion. Motion carried 4:0
Business
CRC 2015 -01 Election of Chair and Vice Chair for calendar year 2015
OMr.
Guy welcomed Mr. Parachini as a new Commission member.
Mr. Guy nominated Jan TenBruggencate as
Chair. Motion was seconded and carried 4:0.
Mr. TenBruggencate nominated Joel Guy as
S
Vice Chair. Motion was seconded and carried
4:0.
�
Vj
Mr. TenBruggencate then assumed the position
as Chair.
Executive
Pursuant to HRS § §92 -4 and 92- 5(a)(4), the
Session
Commission will be going into Executive
0 0
Charter Review Commission
Open Session
January 26, 2015 Page '2
SUBJECT
DISCUSSION
ACTION
Session for ES -001: CRC 2015 -05, ES -002:
CRC 2014 -06, and ES -003: CRC 2014 -06 as
fully described on the posted agenda.
Mr. Parachini moved to go into Executive
Session at 4:15 p.m. Mr. Guy seconded the
motion. Motion carried 4:0
Return to Open
Ratify Commission actions taken in Executive Session for items:
Session
ES -001. ES -002, and ES -003
Mr. Nishida moved to ratify actions taken in
Executive Session. Mr. Guy seconded the motion.
Motion carried 4 :0
i
ES -001 —received
ES -002 — received
ES -003 - received
Business
CRC 2013 -03 Review of Recommendations in Ramseyer form from legal
analyst Curtis Shiramizu on identifying and proposing non - substantive
(continued)
corrections and revisions to the Kauai County Charter (On -going defer
pending Staff and Legal Review)
The Commission was informed that Mr. Shiramizu forwarded something to
the office today, but Staff has not had a chance to review it as it involves the
entire Charter.
Mr. Guy moved to defer to the next meeting. Mr.
Nishida seconded the motion. Motion carried 4:0
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
Chair TenBruggencate explained that one of the previous suggestions had
been rather than removing the section a foot note be inserted to clarify that
Charter Review
Open Session
January 26, 2015
(7)
SUBJECT
DISCUSSION
ACTION
those sections do not have any force and effect.
Mr. Guy moved to defer to the next meeting.
Mr. Nishida seconded the motion. Motion
carried 4:0
CRC 2014 -06 Discussion on whether there is a need to define what a charter
amendment is
a. Add a preamble or an additional paragrgph 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
Mr. Guy moved to defer to the next meeting.
Constitutes a Charter Amendment
Mr. Nishida seconded the motion. Motion
c. Charter Amendment Petition Guidelines & Exhibits: Instructions for
carried 4:0
Voter Amendments (On going)
Chair TenBruggencate asked for a review of all
approved proposed amendments for the next
Staff explained that for item c, a communication was sent to the County
meeting.
Clerk's Office asking them to be in attendance to respond to questions.
Because it is budget and legislative time, their office is very busy, and
because this is their function, and not a charter function, they have asked
that questions be put into writing and they will respond in writing,
Announcements
Next Meeting: Monday, February 23, 2015 at 4:00 p.rn,
Adjournment
Mr. Guy moved to adjourn the meeting at 4;56
p.m. Mr. Nishida seconded the motion. Motion
carried 4:0
Submitted by:
Barbara Davis, Support Clerk
O Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Jan TenBruggencate, Chair
0
c�
G
ARTICLE X=
TRANSITIONAL PROVISIONS
Section -26.04. Status of Departments and Trans'fer�of Funds:
A. All departments, the status of which are not specifically
changed or abolished: by this charter, are hereby recognized,
continued and established and shall have such powers, duties and.
functions as provided by law. Members of the various. boards,
commissions and committees holding office at the effective date of
this charter shall continue in office unless they resign or until
their terms of office shall expire..
B The offices of the county auditor and the county treasurer
are abolished and their functions transferred to the department of
finance.
C. The offices of the elected county.clerk and the county
attorney are abolished.
oil/ ftwoot
:;W- �S-
o t
MORRIS S, SH114SATO
1972 — 1983
The Kauai County Charier was adopted by the people of Kauai in 1968 and the
Charter became effectiveon January 2, 1969, The Kauai County Charter represents
the basic foundation upon which our County government stands. Instrumental in the
creation of the Charter was Morris S. Shinsato who served as Chairmen of the original
Charter Commission which began•in 1967. Subsequently, over the suc ceedingfifteen
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 1,984 and again
Morris S. Shinsato played an integral part as Chairman of the Charter Review
Commission. The people of Kauai, through the official action of the County Council,
would like to ddicats 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
indalible contribution to the Kauai County Charter.
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Amendment Relating to Initiation of Amendments.
Charter Amendment,
Article XXIV, Section 24.01 of the Kauai 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
NO
(D
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
I oil
County of Kaua'i
State of Hawai'i
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
to 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 Kauai.
County clerk" means the county clerk of the County of Kauai.
"County charter" means the Kauai County Charter.
"County code" means the Kaua'i County Code.
"Over vote" means a situation in which the vote tabulation system detects
more votes than are permitted for a given contest.
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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
Registration 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:
Submit an organizational report to the County Clerk (exhibit 1) to
register the names of individuals who are authorized to approve
alterations and changesoto the petition pursuant to section 24.01 of the
County .Charter; and
II. 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
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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:
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
III. 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.
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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:
I. 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;
Ill. 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
Vl. 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.register-ed -to vote or who are former registered voters of the
county of Kauai shall be not be counted.
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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;
III. "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 Kaua'i
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
11. 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 Kauai 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 Hawaii
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
State of Hawai'i
Elections Division
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 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.
Elections Division
Office of the County Clerk
4386 Rice Street Suite 101
LThu'e, Hawai'i 96766
November 12, 2013
•
Page 7 of 7
Petitioner's Committee Organizational
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
COMMITTEE INFORMATION
Name:
Address:
Phone: I Fax:.
CHAIRPERSON [ •] Prknary Contact [ ] Aitarnata Contact
Name:
Mailing Address.
VICE CHAIRPERSON j ] Primary Contra j ] Alternate coma
Name:
MEMBER (] Primary Conan j ] Alamaa Conan
Name:
Mailing Address:
Phone: I E -mail:
MEMBER i ] Primary Contact [ ] Alternate Contact
Name:
Mailing Address:
J
Phone: E -mail:
MEMBER (] Primary Contact (] Aitamate contact
Name:
Mailing Address.
Phone: I E -mail:
Submitted By:
Signature Exhibit 1
Date:
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 4.01gks
Printed Name
(Last. Ftrst, MI)
Residence Address
(NOT P.O. Sox)
Signature
o
sleneiue
smw
2~
3
4,
5
8
7
e
10
N
12.1
13
14•
1s
18
17
18'
19'
20
21
22
23
24
25
FOR COUNTY CLERK
FOR PETITION CIRCULATOR
-__ -_ -Page No. - -- -
- -- -Total ages_
Signatumson .Page__—
No..VALID - --
- - No. INVALID-
No. on page-
Inisals
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):
[ ] Charter Amendment
] Other (specify):
Type of Filing (check one)::
[ ] Initial Filing
COMMITTEE:
[ ] Initiative /Referendum
[ j Supplementary Filing
NO. OF PAGES: DATE FILED:
SUBMITTED BY:
SIGNATURE(S):
RECEIVED BY.
SIGNATURE: —
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
ORIGINAL (File) PHOTOCOPY (Committee)
c
C.
County of Kauai
State of Hawaii
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION TIMELINE
(Pursuant to Kaua'i County Charter; Section 24.01.8.)
Date Event
May 22, 2014 __- Sunshine Law deadline to place the charter -
amendment petition(s) on the 5/28/14 Council
meeting agenda
May 28, 2014,11,001.11. .... ____ _ ._•.__. _ __.,___._Council meeting to officially receive charter
amendment petitions
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 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. B)
E *hipil 4
County of Kaua'i
State of Hawai'i
Elections Division
Office of the County Clerk
FACT SHEET
2014 CHARTER AMENDMENT PETITION TIMELINE
(Pursuant to Kauai County Charter, Section 24,01.B,)
NOVEMBER 4, 2014.."100101"..010 ............ a .... ,GENERAL ELECTION (Hawai'i State
Constitution, Article II, Section 8)
December 4 2014
Publication of approved charter amendments in
a newspaper of general circulation within the
county within thirty (30) days (Kaua'i County
Charter section 24.03.13)
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 24.01.8,
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 Kauai. Consult the County Charter, County Code, Hawaii
Revised Statutes, Hawaii Administrative Rules and other sources for more detailed and complete
requirements.
Elections Division
-- - - - - _ -. - Office-of-the-County Clerk -
4386 Rice Street, Suite 101
LThu'e, Hawaii 96766 -1819
November 4, 2013
E* j iP0j 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 elect -ion 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, §41
Previous Vo101 Ch0001 -0042F Next
Exhibit 5
SUBCHAPTER 2
VOTER EDUCATION
53- 172 -10 Purpose. The chief election officer may
establish voter education programs, includinV publishing
voter information pamphlets, conducting voter awareness
media campaigns, and employing other voter information
methods deemed appropriate by the chief election officer.
IEffjAN 0 9 ZQ1a (Authc HRS 5 511 -2, 11 -4) (Imp: HRS 511 -2)
53- 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 chie€ 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
Y
1
172 -14
Exhibit 6
rA
t
(C) A statement, not to exceed two hundred
fifty words, which may include personal
background, the candidate's platform,
endorsements, or other information related
to the candidate's candidacy.
(2) The candidate shall sign a self - subscribing
oath or affirmation attesting to the truth of
the statements provided. False statements may
be punishable under HRS Chapter 19.
(3) Based upon the candidate's oath or affirmation,
the chief election officer may rely upon the
information provided by the candidate for the
pamphlet.
(4) The respective candidate's photograph and
statement shall appear in the pamphlet in the
same order that they will appear on the ballot
in accordance with HRS 911 -115.
(d) The chief election officer or the clerk may
decide not to include a candidate's photograph or statement
in the voter information pamphlet under the following
circumstances.
(1) Statements 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 statements that may be considered
obscene or defamatory shall not be printed;
(3) The chief election officer or the clerk may
edit statements for format but not language if
the typeset statement would exceed the space
allotted in the pamphlet layout, and
(4) If the candidate does not submit a statement or
photograph, or both, before the deadline
established by the chief election officer or
the clerk, the pamphlet may indicate "No
statement submitted" or "No photograph
submitted."
(e) The pamphlet may include the verbatim language of
every question authorized to appear on the ballot in the
district or districts selected.
(f) The pamphlet may also include one argument in
favor of and one argument-opposed to each ballot question;
provided that the arguments are submitted before the
172 -15
Exhibit 6
r�
r �
r t
deadline established by the chief election officer or the
clerk. The arguments shall be submitted according to thee
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." [EfBAN 0 9 20101
(Auth: HRS 511 -4) (Imp: HRS §11 -2)
§3- 172 -12 Election equipment loans. (a) The chief ee'
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 —ZS
Exhibit 6
48 97
(c) The equipment may be available from the chief
election officer, clerk, or designated representative.
(d) Organizations under this program shall assign a'
coordinator who will be the point of contact and who will
assume the responsibility for the election equipment,
[Eff JAN d 9 ] (Auth: HRS 511 -41 16 -3) (Imp: HR5 511 -2)
553- 172 -13 to 3- 172 -19 (Reserved).
172 -17
M
Exhibit 6 ✓
ELECTIONS, GENERALLY
minutes, the voter shall be removed by the precinct officials. [L 1970, c 26, pt of §2; am L 19 , 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 Mloyer 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 n mg 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 officials and in their prese but in a secret manner, mark and
return the same to the precinct officials.
(b) The precinct officials shall enter in writ in the record book the following:
(1) The voter's name;
(2) The fact that the voter cannot r the names on the ballot, if that is the reason for
requiring assistance, and o rwise,Ahe speck physical disability which requires the
( voter to receive assista ; and
(3) The name or nam the person or persons furnishing the assistance. [L 1970, c
26, pt of §2; am 972, c 158, §2; am L 1973, c 217, §1(tt); am L 1985, c 203, §5;
am L 2002, 9, §1]
§11- 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 etuming 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) IYa_ contesfor question'requires a majorityAof the votes -;for passage, any, blank,
spoiled,- orinvalid ballot shall not be, tallied for passage; ocas votes cast- except that
such ballots shall be counted as votes cast in .ra Gabon of,a= constitutional
amendmerd ora question 11&4 ronstitutlonaliC rivention. [L 1970, c26; ptvf §2; am
L 19751 �c 36, §1(12); am L 1986, c,305, §2; am L2000, c54, §11
f counting. (a) In an election using the paper ballot voting system,
immediately after the close ofthelo-PZ1 sr cinct officials shall open the
ballot box. The precinct ofcials at the precinct shall proceed to count the vo
Exhibit 7