HomeMy WebLinkAbout2016 Proposed Charter Amendments_Website Posting 082216Allan Parachini
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Members:
Chair
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Merilee (Mia) Ako
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Michael Perel
Patrick Stack
Ed Justus
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Cheryl Stiglmeier
Vice Chair
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Russell Wong
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EXPLANATION OF COUNTY CHARTER AMENDMENTS
PROPOSED BY THE CHARTER REVIEW COMMISISON FOR THE 2016 GENERAL ELECTION
Pursuant to Hawaii Revised Statutes § 50-11 and Article XXIV, Section 24.03, of the County of
Kauai Charter, the Kauai Charter Review Commission is publishing the following Proposed
Amendments to the County of Kauai Charter, which the Commission has approved for inclusion on
the 2016 general election ballot.
1. Proposing a Charter Amendment to the Charter of the County of Kauai (2015
Codified Version) Articles I — 2=I relating to correcting gender neutrality,
grammatical, spelling, and formatting errors.
Ballot Question:
Shall the charter be amended throughout to ensure that its language is to the greatest extent possible gender
neutral and to make changes to spelling, capitalization, punctuation, formatting, and grammar?
Background: Since its adoption in 1968, the County Charter has been amended several times, resulting in
inconsistencies in word usage and formatting, as well as grammatical errors. Further, the charter refers to
gender -specific positions, such as "councilman" and "chairman."
Purpose: The purpose of this amendment is to correct grammatical and formatting errors in the document,
without altering the meaning or purpose of its content. This amendment also seeks gender neutrality by
changing terms such as "councilman" to "councilperson" and "chairman" to "chair."
Charter Amendment.
Articles I — XXXII of the Kauai County Charter are amended to read as follows:
Note: Charter material to be repealed is bracketed. New charter material is underscored
The Charter of the County of Kauai (2015 Codified Version)
ARTICLE I
THE COUNTY AND ITS GOVERNMENT
Section 1.01. Incorporation. The people of the [eeti ty of Ka County of Kauai are and shall continue to be
a body politic and corporate in perpetuity under the name of [ ty of rr ,, `; "] "County of Kauai', referred to
hereinafter as the "county[.]".
Section 1.02. Geographical Limits. The islands of Kauai and Niihau and all other islands lying within three
nautical miles off the shore thereof, and the waters adjacent thereto, shall constitute the [eOURty f rz.,Ha' ]
County of Kauai with its county seat at Lihu`e.
Section 1.03. County Elections.
A. Nonpartisan [F4e ,.] elections. County elections shall be conducted in accordance with the state
election laws [ef tee -State] insofar as applicable, but all elective county officers shall be elected by nonpartisan
elections. (Amended 2012)
B. Offices of the [Mayer and nr,.,.,,,,utin nttorney. ] mayor and prosecuting attorney.
1. For the offices of mayor and prosecuting attorney, the names of the two candidates receiving
the highest number of votes for these offices in the primary election shall be placed on the ballot for the
general election. However, if there is only one candidate for each of said offices, such candidate shall be
elected in the primary election. (Amended 2012)
2. At the general election, the candidates receiving the highest number of votes for mayor and
prosecuting attorney shall be elected. (Amended 2012)
3. Tie votes. In the event of a tie vote for mayor and prosecuting attorney in the primary or
general election, the winner shall be determined by a method of chance as determined by the county clerk.
(Amended 2012)
C. Office of [^t T aFge Couneil membe ] at -large councilmembers.
1. For at -large council offices, two candidates for each vacant at -large council office receiving the
highest number of votes in the primary election shall be placed on the ballot for the general election.
(Amended 2012)
2. At the general election, the candidates receiving the highest number of votes for each vacant at -
large council office shall be elected. (Amended 2012)
3. Tie votes. In the event of a tie vote for the last remaining at -large council office in the primary
election, the candidates receiving the same number of votes shall be placed on the ballot for the general
election. (Amended 2012)
In the event of a tie vote for the last remaining at -large council office in the general election, the winner
shall be determined by a method of chance as determined by the county clerk. (Amended 2012)
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 [u'tate j state. The enumeration of express powers in this charter shall not be deemed to be exclusive. In
addition to the express powers enumerated herein or 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.
Charter Review Commission —August 22, 2016 2
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 [Iris] such person's election or
appointment.
B. Any [eeuiwihmen] councilmember who removes [Iris] said councilmember's residence from the county or
is convicted of a felony shall immediately forfeit [Isis] the office.
C. The council shall be the judge of the qualifications of its members and for that purpose shall have
power to subpoena witnesses, take testimony and require the production of records. Decisions made by the
council in the exercise of the powers granted in this subsection shall be subject to review by the Fifth Circuit
Court of the State of Hawaii.
Section 3.05. Vacancy in Office. In the event a vacancy occurs in the council, the remaining members of the
council shall appoint a successor with the required qualifications to fill the vacancy for the unexpired term. If the
council is unable to fill a vacancy within [�*] thirty days after its occurrence, the mayor shall make the
appointment to such vacancy. The foregoing provisions shall apply in the event a person elected as [man]
councilmember dies before taking office; provided, however, that the vacancy shall be filled by the newly elected
council within thirty [(*] days after the beginning of the new term.
Section 3.06 Compensation. The salary of each councilmember shall be established in accordance with the
provisions of [AAiele] article XXIX of this [ChRTteT-.] charter. (Amended 1988, 2006)
Section 3.07.Organization of Council; Officers; Rules; Employees.
A. The council shall meet in the council room at the county building or in the Kauai War Memorial
Convention Hall for its organization promptly after its inauguration and swearing -in ceremony at which time it
shall elect one of its members as [eha�] chair and presiding officer of the council. Until such time as the
[ehairma-n] chair is elected, the mayor shall preside at the council meetings, provided that the mayor shall not
have a vote. The council shall also elect one of its members as [.4ee ,,,..aria, vice -chair who shall act as the
presiding officer in the event of the [ehaipmarr's] chair's absence. The council shall appoint a presiding officer pro
tempore from its members in the event of the absence of both the [ehairma-n] chair and [N4ee ehairffl^„.] vice -
chair. A majority of the entire membership of the council shall constitute a quorum and, except as otherwise
provided, the affirmative vote of a majority of the entire membership shall be necessary to take any action.
(Amended 1984)
B. The council shall adopt such rules as it may deem necessary for the organization of committees and the
transaction of its business.
C. The council shall keep a journal of its proceedings.
D. The council may, upon an affirmative vote of at least two-thirds of its entire membership, suspend
without pay for not more than one month any member for disorderly or contemptuous behavior in its presence.
The presiding officer or the council by a majority vote may expel any other person who is guilty of disorderly,
contemptuous, or improper conduct at any meeting.
E. The council shall meet regularly at least twice in every month at such times as the council may
prescribe by rule. Special meetings may be held on the call of the mayor, [ehaiFman] chair, or by five or more
members. All council and council committee meetings shall be open to the public except as provided for in
[Ckapttr] chapter 92, Hawai`i Revised Statutes. (Amended 2008)
Charter Review Commission — August 22, 2016 3
F. Council Staff. The council may appoint the necessary personnel for the transaction of its business, and
such appointments shall be subject to the civil service and classification requirements. The [fin] chair of
the council shall be the administrative officer of the staff employees. (Amended 2008)
Section 3.08. Mayor May Appear Before Council. The mayor may propose in writing any motion, resolution,
or ordinance, or amendments thereto, but shall have no right to vote thereon.
Section 3.09. Eminent Domain. The council shall by resolution determine and declare the necessity of taking
property for public purposes, describing the property and stating the uses to which it shall be devoted.
Section 3.10. Annual Budget and Capital Program. The council shall enact an annual budget ordinance,
which shall include both the operational and capital expenditures for the fiscal year and the method of financing
same. The council shall provide sufficient revenues to assure a balanced budget.
Section 3.11. Adoption of Pay Plan. The [Gouneil] council by ordinance shall appropriate the salaries of all
officers and employees who are exempt from civil service in accordance with the provisions of [Seetien] section
7.05E and [Artie! I article XXIX of this [Chaxten] charter. All other officers and employees shall be classified and
paid in accordance with law. (Amended 1984, 1988, 2006)
Section 3.12. Audit.
A. Financial [Ault:] audit. At least once every two years and at any other time as may be deemed
necessary, the council shall cause an independent audit of all county funds and accounts to be made by a certified
public accountant or firm of certified public accountants. The scope of the audit shall be in accordance with the
terms of a written contract to be signed by the [man] chair which shall provide for the completion of the
audit within a reasonable time. If the state makes such an audit, the council may accept it as satisfying the
requirements of this section. The audit shall be a matter of public record.
B. Performance [Audit.] audit. To ensure and determine whether government services are being
efficiently, effectively, and economically delivered, the council may at any time provide for a performance audit of
any or all of the offices, agencies, departments, programs, and operations for which the county is responsible. The
council may exercise its authority to conduct performance audits through the hiring of a qualified in-house
auditor, [or] through the hiring of a qualified contract auditor, or both. The scope of the audit shall be in
accordance with the terms of an assignment referred to the office of the county clerk by the county council or a
written contract to be approved by the council and signed by the presiding officer of the council, but may include
the following activities:
(1) Examination and testing of county offices', agencies', programs', and departments'
implementation processes to determine whether the laws, policies, and programs of the county are being
carried out in the most effective, efficient, and economical manner.
(2) Examination and testing of the internal control systems of offices, agencies, programs,
operations, and departments to ensure that such systems are properly designed to safeguard public assets
against loss from waste, fraud, error, to promote efficient operations, and to encourage adherence to
prescribed management policies.
Said assignment or contract shall encourage recommendations for changes in the organization, management, and
processes which will produce greater efficiency and effectiveness in meeting the objectives of the programs or
operations carried out by the respective county agencies, departments, offices, programs, and operations[,] and
shall provide for the completion of the audit within one calendar year. A copy of the audit report shall be filed
with the county clerk and shall be public record. (Amended 2000)
Section 3.13. Creation of [u] General Debt.
A. The council by the affirmative vote of at least five members may authorize the issuance of general
obligation bonds in accordance with the Constitution and laws of the State of Hawaii.
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B. Each bond authorization shall specify the purpose for which moneys are to be borrowed and the
maximum amount of bonds to be issued for that purpose.
C. Notwithstanding any limitation contained in this charter, the council may accept and receive
participating or nonparticipating federal and state loans for public improvement projects or other purposes, the
aggregate of which, together with any bonded indebtedness outstanding, shall not at any time exceed the total
bonded indebtedness authorized by the Constitution of the State of Hawaii.
D. The council may provide for the refunding of general obligation bonds.
Section 3.14. Creation of Special Assessment Debt. The council may authorize the issuance of improvement
bonds to finance assessable public improvements in the manner provided by law.
Section 3.15. Revenue Bond Indebtedness. The council may authorize the issuance of revenue bonds for the
purpose of initiating, constructing, acquiring, extending, replacing, or otherwise improving any revenue -producing
facility as provided by law.
Section 3.16. Temporary Borrowing.
A. The council may borrow money in any fiscal year in anticipation of revenues to be derived from taxes
for that year, and for any of the purposes to which the revenues are appropriated. No such borrowing shall be in
excess of [+weRty five pewee„t (25°"] 25 percent of the amount of the uncollected taxes of that year.
B. When any warrants are presented to the county for payment, and the same are not paid for lack of
funds, the director of finance shall issue a warrant note, equal in amount to the face value of the warrant or
warrants so presented for payment. The warrant note shall be in a form and shall be due at a date prescribed by
the director of finance. It shall bear interest at the lowest obtainable rate. The notes shall be a first charge on the
moneys of any fund against which the warrants are issued.
C. The council upon recommendation of the mayor may authorize the director of finance to obtain
temporary loans from the [Staff] state.
Section 3.17. Investigation. The council or any authorized committee thereof shall have the power to conduct
investigations of the operation of any agency or function of the county and any subject upon which the council
may legislate. In investigations, the presiding officer shall have the right to administer oaths and in the name of
the council to subpoena witnesses and compel the production of books and papers pertinent thereto. If any person
subpoenaed as a witness[,] or to produce any books or papers called for by the process of the council or committee
shall fail or refuse to respond thereto, the circuit court upon request of the council shall have power to compel
obedience to any process of the council and require such witness to answer questions put to ] the witness as
aforesaid, and to punish, as a contempt of the court, any refusal to comply therewith without good cause shown
therefor.
False swearing by any witness shall constitute perjury and be punished as such, and whenever the council is
satisfied that a witness has sworn falsely in any hearing or investigation, it shall report same to the county
attorney for prosecution. In any investigation which concerns the alleged gross misconduct, or alleged criminal
action on the part of any individual, such individual shall have the right to be represented by counsel, the right of
reasonable cross-examination of witnesses, and the right to process of the council to compel the attendance of
witnesses in [lais] the individual's behalf.
Section 3.18. Restrictions on County Council and [Gouneil Members. ] Councilmembers. The council
and its members shall not interfere with the administrative processes delegated to the mayor.
Except for the purpose of investigative inquiries under [Seetien] section 3.17, the council or its members, in
dealing with county employees, or with county officers who are subjected to the direction and supervision of the
mayor, shall deal solely through the mayor, and neither the council nor its members shall give orders to any such
employee or officer either publicly or privately. Any willful violation of the provisions of this section by a member
Charter Review Commission —August 22, 2016 5
of the council shall be sufficient grounds for an action for [hts] the member's removal from office.
ARTICLE IV
ORDINANCES AND RESOLUTIONS
Section 4.01. Actions of the Council. Every legislative act of the council shall be by ordinance except as
otherwise provided. Non -legislative acts of the council may be by resolution. Transfer of funds within the same
department, whether in the operating budget or capital budget, may be effected by resolution. The enacting clause
of every ordinance shall be "Be it ordained by the council of the [,,aunty of Ka County of Kaua`i:' and the
enacting clause of every resolution shall be "Be it resolved by the council of the [County of T aua'i.'"] County of
Kaua`i.''
Section 4.02. Introduction, Consideration, and Passage of Ordinances and Resolutions.
A. Every proposed ordinance shall be initiated as a bill and shall be passed only after two readings on
separate days. The vote on final passage shall be taken by ayes and noes and entered in the journal. Full readings
of a bill may be waived by vote of a majority of the council.
B. Every ordinance shall embrace but one subject, which shall be expressed in its title.
C. No bill shall be so amended as to change its original purpose. Every bill, as amended, shall be in
writing before final passage.
D. When a bill fails to pass on final reading and a motion is made to reconsider, the vote on such motion
shall not be acted upon before the expiration of twenty-four [(�] hours.
E. Except as otherwise provided in this charter, resolutions may be adopted on one reading. The reading
shall be in full except by a majority consent of all [ems] councilmembers present, in which case the reading
may be by title only.
F. Bills embracing (1) the Bing of special assessments for the cost or improvements, (2) the
appropriation of public funds or the authorization of the issuance of general obligation bonds or (3) the imposition
of a duty or penalty on any person, shall pass first reading by ayes and noes, and digests of such bills shall be
advertised once in a newspaper of general circulation in the county, at least seven days before final reading by the
council. Copies of such bills shall be filed for use and examination by the public in the office of the county clerk at
least seven days prior to the final reading thereof.
G. Upon the request of a majority of the council, a public hearing shall be held on any proposed
ordinance or resolution. Notice of the public hearing shall be by publication in a newspaper of general circulation
in the county, and the public hearing shall be held not earlier than seven days prior to the final reading on the
proposed ordinance or resolution.
H. All ordinances shall be promptly advertised once by title in a newspaper of general circulation in the
county with the ayes and noes after enactment. Unless otherwise provided, resolutions need not be advertised
either before or after adoption.
I. Resolution authorizing proceedings in eminent domain shall not be acted upon on the date of
introduction, but shall be laid over for at least fourteen [44)] days before adoption. Such resolutions shall be
advertised once in a newspaper of general circulation in the county at least fourteen [44)] days before adoption by
the council. Copies of such resolutions shall be filed for use and examination by the public in the office of the
county clerk at least fourteen [443] days prior to the adoption thereof. Upon adoption, every such resolution shall
be presented to the mayor, and [he] the mayor may approve or disapprove it pursuant to applicable provisions
governing the approval or disapproval of bills.
J. The council may adopt resolutions for the purpose of marking roads or regulating and adjusting the
movement of traffic and pedestrians in connection with traffic ordinances, and such resolutions need not be
published; provided[,] that no person shall be punished for violating such resolutions so adopted unless the
Charter Review Commission —August 22, 2016 6
regulation, mark, or adjustment sought to be effected is clearly indicated in the places where effective by legible
markers or signs.
K. [Ev...,.r,., ney Ordinanees. ] Emergency ordinances. To meet a public emergency affecting life, health or
property, the county council may adopt one or more emergency ordinances, but such ordinances may not be used
to levy taxes, regulate the rate charged by any public utility for its services, or authorize the borrowing of money.
(1) Every emergency ordinance shall be plainly designated as such and shall contain, after the
enacting clause, a declaration stating that an emergency exists, and describing the claimed emergency in
clear and specific terms. Except as thus indicated, it shall be introduced in the form and manner
prescribed for ordinances generally. An emergency ordinance may be considered and may be adopted
with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of
all [eauneil w,em r ] councilmembers present, or the affirmative vote of three -fourths of those elected,
shall be required for adoption of such an ordinance. After adoption of an emergency ordinance, the
council shall cause it to be printed and published as prescribed for other adopted ordinances.
(2) Every emergency ordinance, including any amendments made thereto after its adoption, shall
automatically stand repealed as of the sixty-first [)] day following the date on which it was adopted.
Section 4.03. Submission of Ordinances to the Mayor.
A. Every bill which has passed the council and has been duly authenticated by the county clerk and the
presiding officer[,] shall be presented to the mayor for [his] approval. If [he] the ma o approves it, [he] the mayor
shall sign it and it shall then become an ordinance. If [he] the mayor disapproves it, [he] the maw shall specify
[his] the mayor's objections thereto in writing and return the bill to the county clerk with [his] the ma,
objections within ten days, excluding Saturdays, Sundays and holidays after receiving it. If [die] the maw does
not return it with [his] the mayor's disapproval within that time, it shall take effect as if [he] the mayor had
signed it. The objections of the mayor shall be entered in the journal of the council and the council may, after five
and within thirty [k3Q)] days after the bill has been so returned, reconsider the vote upon the bill. If the bill, upon
reconsideration, is again passed by the affirmative vote of five members of the council, the presiding officer shall
verify that fact on the bill and when so certified, the bill shall then become an ordinance with like effect as if it
had been signed by the mayor. If the bill fails to receive the vote of at least five members of the council, it shall be
deemed void.
B. If any bill is presented to the mayor appropriating money, [lie] the may may veto any item or items
or appropriations therefor by striking out or reducing the same. In case of such a veto, the mayor shall append to
the bill at the time of signing it a statement of the item or items or portion or portions thereof to which [he] the
mayor objects and the reasons therefor. Each item so vetoed may be reconsidered by the council in the same
manner as bills which have been disapproved by the mayor.
Section 4.04. Amendment, Revision, or Repeal; Adoption of Codes by Reference.
A. No ordinance shall be amended, revised, or repealed by the council except by ordinance. No
resolution shall be amended, revised, or repealed except by resolution, but a resolution may be superseded by a
subsequent ordinance.
B. Any ordinance or resolution may be repealed by reference to its number or section number. Revisions
or amendments may be made in the same manner but the same, or the section, subsection, or paragraph thereof,
revised or amended, shall be re-enacted at length as revised or amended; but when the amendment consists of
adding new sections, subsections, paragraphs, or substituting a word, term, or number, it shall be sufficient to
enact the new matter alone if reference thereto is made in the title.
C. Any code or portions thereof may be adopted by reference thereto by the enactment of an ordinance
for that purpose. The code, or portions, need not be published in the manner required for ordinances, but not less
than three copies thereof shall be filed for use and examination by the public in the office of the county clerk not
less than fifteen [(5)] days prior to the final reading thereof, and notice of the availability of said copies shall be
published by the clerk.
Charter Review Commission —August 22, 2016 7
Section 4.05. Codification of Ordinances.
A. Within two years of the effective date of this charter, the council shall cause a code to be prepared and
published, containing all of the ordinances of the county which are appropriate for continuation as law. Such a
code shall be prepared and published at intervals of every ten years thereafter. The code may be prepared by the
county attorney, or the council may contract for its preparation by professional persons or organizations
experienced in the revision and codification of ordinances or statutes.
B. The code may be adopted by reference by the passage of an ordinance for that purpose. Copies of the
code shall be made available to the public at a reasonable price prior to and after its adoption.
C. All proposed ordinances of general application introduced after the approval of the code shall be
adopted as amendments of or additions to the code and by reference thereto.
ARTICLE V
COUNTY CLERK
Section 5.01. Powers, Duties, and Functions.
A. The council shall appoint and may remove the county clerk. The salary of the county clerk shall be set
pursuant to [Artiele] article XXIX of this [Charter] charter. (Amended 2006)
B. The county clerk shall:
(1) Be the clerk of the council.
(2) Take charge of, safely keep, and dispose of all books, papers, and records which may properly
be filed in [his] the county clerk's office and keep in separate files all ordinances, resolutions, [ate]
regulations, and cumulative indices of the same, or exact copies thereof, enacted or adopted by the council.
(3) Have custody of the county seal, which shall be used to authenticate all official papers and
instruments requiring execution or certification by the county clerk in the exercise of [his] the county
clerk's office.
(4) Conduct all elections held within the county pursuant to this charter, the laws of the State of
Hawaii or the United States of America.
(5) Perform other functions as required by this charter[,] or by law or as assigned by the council.
C. The county clerk may appoint the necessary staff for which appropriations have been made by the
council with the same powers with respect to the personnel of [hls] the county clerk's office as the department
heads in the executive branch. (Amended 2006)
ARTICLE VI
EXECUTIVE BRANCH
Section 6.01. Executive Power. The executive power of the county shall be vested in and exercised by the
executive branch, which shall be headed by the mayor.
Section 6.02. Organization. Except as otherwise provided, within six months after the effective date of this
charter, the mayor shall recommend and the council shall by ordinance adopt an administrative code providing
for a complete plan of administrative organization of the executive agencies of the county government consistent
with the provisions of this charter. Upon recommendation of the mayor, the council may, by a vote of five
members, change, abolish, combine, or re -arrange the executive agencies of county government.
New functions may be assigned by the mayor to existing agencies, but to the extent that this is not practicable,
the council by a vote of five members may upon the recommendation of the mayor create additional departments.
Charter Review Commission —August 22, 2016 8
Section 6.03. Creation of Advisory Committees. The mayor or department heads, with the approval of the
mayor, may each appoint advisory committees. Such advisory committees shall not exist beyond the term of office
of the appointing authority. The members of advisory committees shall not be paid, but their authorized expenses
shall be paid from appropriations to the appointing authority. Advisory committees shall have no employees but
each appointing authority shall cause employees of the department to furnish such services as may be needed by
the committees.
Section 6.04. Appointment and Removal of Officers and Employees.
A. The [^a, inis+r.,+;.,,, .,,,..;,.* rt t the m. y&F] managing director and all department heads shall be
appointed and may be removed by the mayor, except as otherwise provided by this charter.
B. Department heads may appoint the necessary staff for which appropriations have been made by the
council. Department heads may also suspend, discharge, or discipline subordinate employees as may be
necessary for the proper conduct of the departments and subject to the classification and civil service laws.
Section 6.05. Powers and Duties of Heads of Executive Agencies.
A. Subject to the provisions of this charter and applicable regulations adopted thereunder, the heads of
the executive agencies of the county government are empowered to assign and reassign duties, supervise,
manage, and control all employees and shall have the power and duty to make all personnel actions as provided
by law.
B. Each head of an executive agency of county government may, subject to the approval of the mayor,
prescribe such rules as are necessary for the organization and internal administration of the respective executive
agencies.
ARTICLE VII
MAYOR
Section 7.01. Election and Term of Office. The electors of the county shall elect a mayor whose term of office
shall be four years beginning at twelve o'clock meridian on the first working day of December following [leis] the
election of the maw. No person shall serve as mayor for more than two consecutive full terms.
The four year term for mayor shall apply commencing with the 1990 General Election. (Amended 1980,
1984, 1988)
Section 7.02. Qualifications. Any citizen of the United States not less than thirty [(*] years of age who has
been a duly qualified resident elector of the county for at least three years immediately prior to [his] the citizen's
election shall be eligible for election to the office of mayor. Upon removal of [his] the mayor's residence from the
county, the mayor shall by that fact be deemed to have vacated [his] the office. (Amended 1980)
Section 7.03. Compensation. The salary of the mayor shall be established in accordance with the provisions of
[Ar iele] article XXIX of this [GhaAer-.] charter. (Amended 2012)
Section 7.04. Contingency Fund. The council shall provide in the annual budget a [eegent] contin ency
fund of not less than [ -500 AA] $2,500 to be expended by the mayor for such public purposes as [he] the mayor
may deem proper.
Section 7.05. Powers, Duties and Functions. The mayor shall be the chief executive officer of the county[.
lie] and shall have the power to:
A. Except as otherwise provided, exercise direct supervision over all departments and coordinate all
administrative activities and see that they are honestly, efficiently, and lawfully conducted.
Charter Review Commission -August 22, 2016 9
B. Appoint the necessary members of [his] the mayor's staff and other employees and officers whose
appointments are not provided herein.
C. Create positions authorized by the council and for which appropriations have been made, or abolish
positions, but a monthly report of such actions shall be made to the council.
D. Make temporary transfers of positions between departments, or between subdivisions of departments.
E. Recommend to the council for its approval a pay plan for all officers and employees who are exempt
from civil service and the position classification plan, and who are not included in [Seetien] section 3-2.1 of the
Kauai County Code 1987, as amended. (Amended 2006)
F. Submit operating and capital budgets, together with a capital program annually to the council for its
consideration and adoption.
G. Sign instruments requiring execution by the county, including deeds and other conveyances, except
those which the director of finance or other officer is authorized by this charter, ordinance, or resolution to sign.
H. Present messages or information to the council which in [his] the mayor's opinion are necessary or
expedient.
I. In addition to the annual report, make periodic reports informing the public as to county policies,
programs, and operations.
J. Approve or veto ordinances and resolutions pertaining to eminent domain proceedings.
K. Have a voice but no vote in the proceedings of all boards and commissions.
L. Enforce the provisions of this charter, the ordinances of the county, and all applicable laws.
M. Exercise such other powers and perform such other duties as may be prescribed by this charter or by
ordinance. (Amended 2006)
Section 7.06. Boards and Commissions Administrator.
A. There shall be a boards and commissions administrator and any necessary staff. The administrator
shall have such training, education, or experience as shall qualify the administrator to perform the duties
described in this section. The administrator shall be appointed and may be removed by the mayor.
B. The administrator shall assist in providing administrative and operational support to the various
county boards and commissions. Such support shall include, but not be limited to: assisting in the recruitment,
orientation, education, and training of board or commission members regarding their powers, duties, functions,
and responsibilities under the charter, especially as such powers, duties, functions, and responsibilities may
relate to the particular board or commission to which they have been appointed; helping to educate such members
about applicable state and county ethics laws and the State Sunshine Law; assisting the [O ffiee of the Mayor-]
office of the mayor to fill any vacancies on any board or commission; being a resource to assist the various county
boards or commissions in gathering such information, documents, and data as such boards or commissions may
deem necessary to perform its functions; serving as a communications liaison between boards and commissions
and the various county departments, offices, and agencies that such boards and commissions may interact with,
to help ensure that various boards' and commissions' information needs are addressed in timely fashion.
C. The mayor and council shall provide an annual appropriation sufficient to provide the administrator
with adequate personnel and administrative, operational, and clerical support to carry out the administrator's
functions. (Amended 2006)
Section 7.07. Vacancy in Office.
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A. In the event of a vacancy in the office of the mayor, the council shall select, by majority vote, one of its
members as mayor to serve until the next general election and assumption of office in December by the person
elected mayor. The vacancy in the council shall be filled as provided for in [Ak4ele] article III, [Seetiea] section
3.05 of the charter. In the event the vacancy occurs prior to the mid-term election, the person elected mayor in
the general election shall serve only for the unexpired term of the mayor elected in the prior election. In the event
the vacancy occurs later than three [(- ] days prior to the closing date for filing of nomination papers for the mid-
term election, the mayor selected by the council shall continue to serve for the remainder of the term of the person
he succeeded. The foregoing provisions shall also apply in the event the person elected as mayor dies before
taking office. (Amended 1980)
B. During the temporary absence from the county or temporary disability of the mayor, or in case of a
vacancy in the office of the mayor, until a new mayor is appointed or elected, the managing director shall act as
mayor. In the event both the mayor and the managing director are temporarily absent or disabled, the finance
director shall act as mayor during said period. (Amended 2010)
C. In the event the person elected as mayor dies before taking office, the person serving as managing
director at the termination of the prior term shall continue to serve as acting mayor until a new mayor is elected.
(Amended 2006, 2010)
Section 7.08. Managing Director.
The mayor shall appoint and may remove a managing director. The managing director shall be a citizen of the
United States not less than thirty [kW ] years of age and a resident elector of the county at least three years
immediately prior to [his] the appointment. The managing director shall have at least five years of experience
in an administrative or managerial position with at least a bachelor's degree from an accredited institution in
public administration, business, or a related field.
A. Powers, Duties, and Functions. Except as otherwise provided and under the supervision of the
[Maya] mayor• the managing director shall:
(1) Serve as the mayor's principal administrative aide.
(2) Oversee the administrative functioning of all administrative departments.
(3) Prescribe standards of administrative practice to be followed and evaluate the
management and performance of all administrative departments under the director's oversight.
(4) Attend meetings of the council and its committees upon request and provide information
and reports as they may require.
(5) Perform all other duties as required by the charter or assigned by the mayor.
B. The salary for the managing director shall be set pursuant to [Artiele] article XXIX of this
[rimer] charter. (Amended 2010)
ARTICLE VIII
COUNTY ATTORNEY
Section 8.01. Organization. There shall be an office of the county attorney which shall be headed by the county
attorney.
Section 8.02. Appointment and Removal. The county attorney shall be appointed and may be removed by the
mayor, with the approval of the council.
Section 8.03. Qualifications. The county attorney shall be an attorney licensed to practice and in good standing
before the [supreme eau Supreme Court of the State of Hawaii and shall have engaged in the practice of law in
Charter Review Commission —August 22, 2016 11
the [State] state for at least three years.
Section 8.04. Powers, Duties, and Functions. The county attorney shall be the chief legal adviser and legal
representative of all agencies, including the council, and of all officers and employees in matters relating to their
official powers and duties, and [he] the county attorney shall represent the county in all legal proceedings. [14e]
The county attorney shall perform all other services incident to [lris] the office of the county attorney as may be
required by law.
Section 8.05. Deputy County Attorneys. The county attorney shall have the power to appoint such deputy
county attorneys and necessary staff as shall be authorized by the council and within the appropriation made
therefor. Such deputies shall serve at the pleasure of the county attorney.
Section 8.06. Special Counsel. The council may, by vote of five members, authorize the employment of special
counsel for any special matter necessitating such employment. Any such authorization shall specify the
compensation, if any, to be paid for said services.
Section 8.07. Service of Legal Process. Legal process against the county shall be served upon the county
attorney or any [^f his deputi ] deputy county attorney,
ARTICLE IX
PUBLIC DEFENDER
Section 9.01. Counsel for Defense. Any person accused of any felony or misdemeanor under the laws of the
[State] state or the county shall be entitled to representation or assistance by counsel. The council may by
ordinance establish a system to provide counsel for the defense of any person accused of any crime who is
financially unable to afford counsel.
ARTICLE IXA
PROSECUTING ATTORNEY
Section 9A.01. Election and Term of Office. The electors of the county shall elect a prosecuting attorney,
whose term of office shall be four years beginning at twelve o'clock meridian on the first working day of December
following [Iris] the election. (Amended 1972, 1980, 1984)
Section 9A.02. Qualifications. The prosecuting attorney shall be an attorney licensed to practice and in good
standing before the Supreme Court of the State of Hawaii and shall have engaged in the practice of law in the
[State] state for at least three years. [14e] The prosecuting attorney shall also have been a duly qualified elector of
the county for at least one year immediately preceding [1iis] the election of the prosecuting attorney. (Amended
1972)
Section 9A.03. Powers, Duties, and Functions. The prosecuting attorney shall:
A. Attend all courts in the county and conduct on behalf of the people all prosecutions therein for offenses
against the laws of the [State] state and the ordinances and regulations of the county.
B. Prosecute offenses against the laws of the [State] state under the authority of the [ ^ *+,,m ey General r
the State. attorney_ general of the state.
C. Appear in every criminal case where there is a change of venue from the courts in the county, and
prosecute the same in any jurisdiction to which the same is changed or removed. The expense of such proceeding
shall be paid by the county.
D. Institute proceedings, or direct the chief of police to do so, before the district judge for the arrest of
persons charged with or reasonably suspected of public offenses, when [he] the prosecuting attorney has
information that any such offenses have been committed, and for that purpose take charge of criminal cases
before the district judge, either in person, [ef] by a deputy, or by such other prosecuting officer as [he] the
prosecuting attorney shall designate.
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E. Draw all indictments and attend before and give advice to the grand jury whenever cases are presented
to it for its consideration. Nothing herein contained shall prevent the conduct of proceedings by private counsel
before all courts of the [matte] state under the direction on the prosecuting attorney. (Amended 1972)
Section 9A.04. Staff. The prosecuting attorney may appoint deputies, investigators, and other necessary staff.
The deputy who is designated as first deputy shall, during the temporary absence or disability of the prosecuting
attorney, assume the power and perform the duties of the prosecuting attorney. (Amended 1972)
Section 9A.05. Vacancy in Office. A vacancy in the office of prosecuting attorney shall be filled in the following
manner:
A. If the unexpired term is less than a year, the first deputy shall act as prosecuting attorney. If the
position of first deputy is vacant or if the first deputy is unable to so act, the mayor with the approval of the
council shall fill the vacancy by appointment of a person with requisite qualifications within thirty days after the
occurrence of the vacancy.
B. If the unexpired term is for eighteen [(8)] months or more, or in the event the person elected as
prosecutor dies before taking office[,] or is unable to qualify, then the vacancy shall be filled by a special primary
election and a special general election, patterned after the primary and general election laws of the [State;] state.
insofar as applicable. The special primary election shall be called by the council and held within forty-five [(45)]
days after the occurrence of the vacancy. The special general election shall be held thirty [(38)] days after the
special primary election. Pending a special election, the first deputy shall act as prosecuting attorney. (Amended
1972)
ARTICLE X
DEPARTMENT OF FINANCE
Section 10.01. Organization. There shall be a department of finance consisting of the director of finance and
the necessary staff.
Section 10.02. Appointment and Removal of Director of Finance. The director of finance shall be
appointed and may be removed by the mayor.
Section 10.03. Qualifications. The director of finance shall have had a minimum of five years of training or
experience in fiscal management or accounting, at least three years of which shall have been in a responsible
administrative capacity.
Section 10.04. Powers, Duties, and Functions. The director of finance shall be the chief accounting, fiscal,
and budget officer of the county and shall:
A. Prepare the annual budget ordinance under the direction of the mayor.
B. Supervise and be responsible for the disbursement of all moneys and have control over all
expenditures to ensure that budget appropriations are not exceeded.
C. Maintain a general accounting system for the county government and each of its offices, departments,
and agencies; keep books for and exercise financial budgetary control over each office, department, and agency,
except as otherwise provided by this charter or by law; audit the books and accounts of all county offices,
departments, and agencies authorized or required by this charter or by law to maintain and keep books.
D. Prepare for the mayor for submission to the council a quarterly statement of all receipts and
disbursements in sufficient detail to show the exact financial condition of the county and a general projection of
financial conditions for the remainder of the fiscal year.
E. Prepare for the mayor at the end of each fiscal year a complete financial statement and report.
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F. Maintain the treasury and deposit moneys belonging to the county in depositories authorized by law.
G. Be responsible for the management of county funds, including the short-term investment of cash,
which is in excess of immediate requirements.
H. Contract for services of independent contractors, purchase materials, supplies and equipment, and
permit disbursements to be made pursuant to the provisions under this charter.
I. Be responsible for issuing and selling, paying interest on, and redeeming bonds of the county.
J. Prepare and issue warrants.
K. Purchase, lease, rent, or otherwise acquire or secure the use of real or personal property and manage,
operate, encumber, or dispose of the same as the interest of the county may require.
L. Rent or lease county property and award concessions pursuant to policies established by the council,
except property controlled by the board of water supply.
M. Collect all moneys due the county or for the collection of which the county is responsible, and receive
all moneys receivable by the county from any source.
N. Maintain an inventory of all lands, structures, transmission and distribution systems, streets and
roadways and other permanent improvements owned, leased, rented, or controlled by the county.
O. Maintain an inventory of all equipment owned or controlled by the county.
P. Review assessment rolls for assessable public improvements prior to approval by the council and
issue bills therefor after such approval has been given.
Q. Have custody of all official bonds, except the bond of the director of finance, which shall be in the
custody of the county clerk.
R. Provide a continuous internal audit and program of efficiency studies of all county activities and
county departments and provide an annual report of such studies to the council. (Amended 2000)
S. Prepare and process applications for state, federal, or other funds on behalf of the county.
T. Operate and manage the real property tax functions as established by ordinance. (Amended 1980)
U. Perform such other duties and functions prescribed by law or assigned by the mayor. (Amended
2000)
Section 10.05. Cash Count. The director of finance or a designated assistant and the county clerk shall jointly
at least once in every three months and at such other times as may be deemed necessary verify the amount of
money in the treasury and make a certified report showing:
A. The amount of money that should be in the treasury.
B. The amount and kind of money actually therein.
A signed copy of such report shall be filed with the mayor and the council.
ARTICLE XI
POLICE DEPARTMENT
Section 11.01. Organization. There shall be a police department consisting of a police commission, a chief of
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police and the necessary staff. (Amended 1984)
Section 11.02. Police Commission. The police commission shall consist of seven members appointed by the
mayor with the approval of the council. The commission shall hold regular public meetings at a designated time
and place. (Amended 1984, 2006)
Section 11.03. General Powers of the Commission. The police commission shall:
A. Adopt such rules as it may consider necessary for the conduct of its business and the regulations of
matters relating to the goals and aims of the department.
B. Review the annual budget prepared by the chief of police, and may make recommendations thereon to
the mayor.
C. Receive, consider, and investigate charges brought by the public against the conduct of the
department or any of its members and submit a written report of its findings to the chief of police within ninety
days.
D. Refer all matters relating to administration of the department to the chief of police.
E. Adopt such rules to regulate political activities of the members of the police department. (Amended
1984)
Section 11.04. Chief of Police. The chief of police shall be appointed by the police commission. [ale] The chief of
police may be removed by the police commission only after being given a written statement of the charges against
[him] the chief and a hearing before the commission. The chief of police shall have had a minimum of five years of
training and experience in law enforcement, at least three years of which shall be in a responsible, administrative
capacity. [Ie] The chief of police shall make such reports from time to time as the commission shall require[,] and
shall annually make a report to the commission of the state of affairs and condition of the police department.
(Amended 1984)
Section 11.05. Powers, Duties., and Functions. The chief of police shall be the administrative head of the
police department and shall:
A. Be responsible for the preservation of the public peace, prevention of crime, detection and arrest of
offenders against the law, preservation of life, protection of the rights of persons and property, and enforcement
and prevention or violations of law.
B. Train, equip, maintain, and supervise the force of police officers.
C. Be responsible for traffic safety and traffic safety education.
D. Serve process both in civil and criminal proceedings.
E. Perform such other duties as may be required by law or as may be assigned by the commission.
F. Promulgate rules and regulations necessary for the organization and internal administration of the
department. (Amended 1984)
Section 11.06. Discipline and Removal. The dismissal, suspension, or demotion of any police officer or
employee in the police department shall be under procedures set forth by civil service laws and regulations.
(Amended 1984)
Section 11.07. Appeals. Appeals from personnel actions shall be in accordance with the applicable collective
bargaining agreement executed pursuant to the provisions presently contained in [Chapters] chapters 76 and 89
of the Hawaii Revised Statues. (Amended 1984)
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ARTICLE XII
FIRE DEPARTMENT
Section 12.01. Organization. There shall be a fire department consisting of a chief, a fire commission, and the
necessary staff. (Amended 2006)
Section 12.02. Fire Chief. The fire chief shall be appointed and may be removed by the fire commission. [14e]
The fire chief shall have had a minimum of five years of training and experience in fire prevention and control in
private industry or government service, at least three years of which shall have been in a responsible
administrative capacity. (Amended 1980, 2006)
Section 12.03. Powers, Duties, and Functions. The fire chief shall be the administrative head of the fire
department and shall:
A. Appoint, train, equip, supervise, and discipline the personnel of the fire department in accordance
with department rules and civil service regulations.
B. Provide an effective program and leadership for county -wide fire prevention, fire control, and rescue
operations.
C. Control, manage, and account for all property in the custody of the fire department.
D. Execute such other powers and duties as may be prescribed by law or assigned by the mayor.
Section 12.04. Fire Commission. There shall be a fire commission consisting of seven members. Commission
members shall be appointed by the mayor and approved by the council, and be otherwise governed by the
provisions of section 23.02 of the charter. (Amended 2006)
Section 12.05. Powers, Duties, and Functions of the Fire Commission. The fire commission shall:
A. Adopt rules necessary for the conduct of its business and review rules for the administration of the
department.
B. Review the annual budget prepared by the fire chief and make recommendations thereon to the
mayor and the council.
C. Review the department's operations, as deemed necessary, for the purpose of recommending
improvements to the fire chief.
D. Evaluate at least annually the performance of the fire chief and submit a report to the mayor and the
council.
E. Hear complaints of citizens concerning the department or its personnel and, if the commission deems
necessary, make recommendations to the fire chief on appropriate corrective actions.
F. Submit an annual report to the mayor and the council regarding its activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the commission nor its members
shall interfere in any way with the administrative affairs of the department. (Amended 2006)
ARTICLE XIII
DEPARTMENT OF PUBLIC WORKS
Section 13.01. Organization. There shall be a department of public works consisting of a county engineer and
the necessary staff.
Section 13.02. County Engineer. The county engineer shall be appointed and may be removed by the mayor.
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[14e] The county engineer shall be a registered engineer and shall have had a minimum of five years of training
and experience in an engineering position, at least three years of which shall have been in a responsible
administrative capacity. (Amended 1980)
Section 13.03. Powers, Duties, and Functions. The county engineer shall be responsible for the
administration of the department of public works and shall:
A. Perform all engineering, designing, planning, and construction of all public facilities and
improvements undertaken by the county.
B. Maintain, repair, and upkeep all county facilities and improvements.
C. Collect and dispose of garbage and refuse.
D. Examine and enforce the construction requirements and standards of all public and private
construction and improvements in accordance with the building code, subdivision code, or such other regulations
as may be in effect in the county.
E. Design, install, inspect, maintain, and repair all traffic signs, traffic control facilities and devices, and
street lighting [system-.] systems.
F. Perform such other duties as may be assigned by the mayor or prescribed by law.
ARTICLE XIV
PLANNING DEPARTMENT
Section 14.01. Organization. There shall be a planning department consisting of a planning commission, a
planning director, and the necessary staff.
Section 14.02. Planning Commission Organization. The planning commission shall consist of seven
members. At least two members shall have knowledge and awareness of environmental concerns by way of the
person's education, training, occupation, or experience; at least two members shall have knowledge and
awareness of business concerns by way of the person's education, training, occupation, or experience; and at least
two members shall have knowledge and awareness of organized labor concerns by way of the person's education,
training, occupation, or experience.
This amendment shall take effect upon its approval, and apply to appointments or reappointments made
thereafter. All planning commissioners presently serving may continue to serve their remaining terms
notwithstanding this amendment. The mayor shall phase in this requirement in any order the mayor deems
appropriate as terms expire or vacancies arise. At the time of appointment, the mayor shall declare which interest
the appointee represents. (Amended 1992)
Section 14.03. Duties and Functions of the Planning Commission. The planning commission shall:
A. Advise the mayor, council, and planning director in matters concerning the planning program for the
county.
B. Review the general plan and development plans and modifications thereof developed and
recommended by the planning director. The commission shall transmit such plans with its recommendations
thereon, through the mayor, to the council for its consideration and action.
C. Review zoning and subdivision ordinances and amendments thereto developed and recommended by
the planning director. The commission shall transmit such ordinances with its recommendations thereon, through
the mayor, to the council for its consideration and action. The commission shall recommend approval or rejection
of such ordinances in whole or in part and with or without modifications.
D. Hear and determine petitions for varying the application of the zoning ordinance with respect to a
Charter Review Commission —August 22, 2016 17
specific parcel of land, and may grant such a variance pursuant to variance provisions established by the council
in the zoning ordinance.
E. Adopt regulations having the force and effect of law pertaining to the responsibilities of the
department.
F. Prepare a capital improvement program with the advice of the mayor, complementing and reflecting
the [fie] state and [Federal] federal programs for the county.
G. Perform such other related duties as may be necessary to fulfill its responsibilities under this charter.
Section 14.04. Director. The planning director shall be appointed and may be removed by the commission. [14e]
The planning director shall have a college degree in [either] planning, engineering, or architecture, or [he] the
planning director shall have had a minimum of five years of training and experience in a responsible planning
position, at least three years of which shall have been in an administrative capacity in charge of major planning
activities. [14e] The planning director shall be the administrative head of the department.
Section 14.05. Powers, Duties, and Functions of the Director. The planning director shall:
A. Prepare a general plan and development plans for the improvement and development of the county.
B. Be charged with the administration of the zoning and subdivision ordinance and the regulations
adopted thereunder.
C. Prepare zoning and subdivision ordinances, zoning maps and regulations, and any amendments or
modifications thereto for the council.
D. Consolidate the lists of proposed capital improvements contemplated by the several departments in
the order of their priority for the county.
E. Advise the mayor, council, and planning commission on matters concerning the planning programs of
the county.
Section 14.06. General Plan. The council shall adopt and may, from time to time, modify a general plan setting
forth in graphic and textual form policies to govern the future physical development of the county. Such plan may
cover the entire county and all of its functions and services or may consist of a combination of plans covering
specific functions and services or specific geographic areas which together cover the entire county and all its
functions and services. The general plan shall serve as a guide to all future council action concerning land use and
development regulations, urban renewal programs, and expenditures for capital improvements.
Section 14.07. Development Plan. "Development plan" means a relatively detailed scheme for the
replacement or use of specific facilities within the framework of and implements the general plan.
Section 14.08. Adoption of the General Plan and Development Plans. The council shall adopt the general
plan or any development plan by ordinance. The general plan and all development plans shall be kept on file in
the office of the planning department. The current general plan and all development plans and all amendments
thereto adopted by resolution prior to January 2, 1977, are hereby ratified without further action of the council.
(Amended 1976)
Section 14.09. Subdivision or Consolidation of Land.
A J944-4sia Ordi re ] Subdivision ordinance. The council shall enact an ordinance governing the
subdivision or consolidation of land pursuant to which subdivision regulations shall be promulgated.
B. [Mpreyal f Subdj.,;, ian ] Approval of subdivisions. After the enactment of the ordinance governing
subdivisions or consolidations of land, no land may be subdivided unless the proposed subdivision plans are in
conformity with the subdivision ordinance and regulations and have been approved by the planning commission.
Charter Review Commission — August 22, 2016 18
C. ru^ .latio r of the Board of Water Suig , ] Regulations of the board of water supply. The regulations
of the board of water supply shall govern the extent to which water mains and all necessary appurtenances shall
be installed to and within subdivisions.
Section 14.10. Zoning Ordinance. The council shall enact zoning ordinances which shall contain the necessary
provisions to carry out the purpose of the general plan.
Section 14.11. Public Hearings.
A. Prior to the recommending of the general plan or any development plan or any zoning or subdivision
ordinances or any amendment thereto, the planning commission shall hold a public hearing thereon at which
interested persons shall be afforded a reasonable opportunity to be heard.
B. Prior to the granting of any variance, the planning commission shall hold a public hearing thereon at
which interested persons shall be afforded a reasonable opportunity to be heard.
Section 14.12. Appeals. Appeals from any decision of the planning commission shall be instituted in the circuit
court within thirty [(*] days after service of a certified copy of the decision of the commission. All commission
proceedings and appeals shall be in conformity with the Hawaii Administrative Procedure Act.
ARTICLE XV
DEPARTMENT OF HUMAN RESOURCES
Section 15.01. Organization. There shall be a department of human resources consisting of a civil service
commission, a director, and the necessary staff for the purpose of establishing a system of personnel
administration based upon merit principles, devoid of any bias or prejudice, and generally accepted methods
governing classification of positions and the employment, conduct, movement, and separation of public officers
and employees. (Amended 2014)
Section 15.02. Civil Service Commission Organization. The civil service commission shall consist of seven
members who shall be in sympathy with and who shall believe in the principles of the merit system in public
employment. Of the members appointed, one shall be selected from among persons employed in private industry
in either skilled or unskilled laboring positions as distinguished from executive or professional positions.
(Amended 2006)
Section 15.03. Powers and Duties. The civil service commission shall:
A. Adopt rules and regulations to carry out the civil service and compensation laws of the [,fie] state
and county. Such rules and regulations shall distinguish between matters of policy left for the determination of
the commission, and matters of technique and administration to be left for execution by the director.
B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director
or by any appointing authority. Appeal from the decision of the commission shall be as provided by law.
C. Advise the mayor and director of [personnel seFviees human resources on problems concerning
personnel and classification administration.
D. Execute such powers and duties as may be provided by law.
Section 15.04. Director of Human Resources. The director of human resources shall have had a minimum of
five years of training and experience in personnel administration either in public service or private business, or
both, at least three years of which shall have been in a responsible administrative capacity and shall be in
sympathy with the principles of the merit system. The director shall be appointed and may be removed by the
commission. The director shall be the head of the department of human resources and shall be responsible for the
proper conduct of all administrative affairs of the department, and for the execution of the human resources
management program prescribed in this charter and in the ordinances and regulations authorized by this charter.
Charter Review Commission —August 22, 2016 19
(Amended 2014)
Section 15.05. Human Resources Management Program. The director of human resources shall be
responsible for the execution of the human resources management program which shall include:
A. Classification, recruitment, selection, employment, deployment, promotion, evaluation, discipline, and
separation of employees.
B. Labor relations and negotiations.
C. Administration of employment policies and trainings related to employee benefits, conduct,
development, and safety and injury prevention.
D. Workers' compensation.
E. Equal employment opportunities.
F. Workforce coordination and planning.
G. Administration of the civil service system as prescribed by statute.
H. Other related duties as may be determined by the [#Iayef] mayor. (Amended 2014)
ARTICLE XVI
LIQUOR CONTROL COMMISSION
Section 16.01. Organization. There shall be a department of liquor control consisting of the liquor control
commission, a director, and the necessary staff. (Amended 1980)
Section 16.02. Liquor Control Commission. The liquor control commission shall consist of seven members.
(Amended 2006)
Section 16.03. Disqualifications of Liquor Control Commissioners. No person shall be a member of the
liquor control commission who is or becomes engaged, or is directly or indirectly interested in any business for the
manufacture or sale of liquor who advocates or is or becomes a member of, or is identified or connected with, any
organization or association which advocates prohibition; who is an elected officer of the [,State] state or county
government or who presents [lsel€] oneself as a candidate for election to any public office during the term of
[hr s] such person's appointment hereunder. This provision shall be enforced by the mayor by the removal of the
disqualified member whenever such disqualifications shall appear.
Section 16.04. Powers and Duties of Commission. The liquor control commission shall:
A. Adopt rules and regulations having the force and effect of law for the administration of liquor control
in the county and to enforce the liquor control laws.
B. Grant, refuse, suspend, and revoke any licenses for the manufacture, importation, and sale of liquors.
C. Investigate violations of liquor control laws through its inspectors, hear and determine all complaints
and citations regarding violations of liquor control laws, and impose such fines or penalties as may be provided by
law upon conviction thereof. Appeal from the decision of the commission may be made as provided for in the
Hawaii Administrative Procedure Act. (Amended 1980)
Section 16.05 Director. The director shall be appointed and may be removed by the liquor control commission.
The director shall have had a minimum of five years of business experience, at least three of which shall have
been in a responsible administrative capacity. [I4e] The director shall be the head of the department and shall be
responsible for the management, supervision, and control of all subordinate members of the department's staff.
(Amended 1980)
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ARTICLE XVII
DEPARTMENT OF WATER
Section 17.01. Organization. There shall be a department of water supply consisting of a board of water supply,
manager and chief engineer, and the necessary staff.
Section 17.02. Board of Water Supply Organization. The board of water supply shall consist of seven
members, four of whom shall be appointed by the mayor with the approval of the council. The [State Distr;et
wee] state district engineer of the department of transportation, the county engineer, and the planning
director shall be ex-officio voting members of the board. The ex-officio members shall not serve as chair or
vice -chair of the board. The board shall hold at least one regular meeting each month. It shall adopt rules and
regulations necessary for the conduct of its business. (Amended 1980, 1996)
Section 17.03. Powers and Duties of the Board. The board shall manage, control, and operate the
waterworks of the county and all property thereof for the purpose of supplying water to the public[i] and shall
collect, receive, expend, and account for all sums of money derived from the operation thereof and all other
moneys and property provided for the use or benefit of such waterworks.
A. The board shall maintain accounts to show its complete financial status and the activities of
management and operation including current projects. It shall submit a written report quarterly to the mayor and
council on its financial status and operations. (Amended 1980)
B. Review the [Stat 's and County' ] state and county general plans with the board's general plan for
water sources and system. The board shall transmit such review and plans through the mayor to the council. The
board's general plan for water sources and system shall implement the [ems] county general plan. (Amended
1980)
C. The board may provide for a reserve fund, issue revenue bonds, provide for payment of bonds, expend
bond funds and other funds, establish rates and charges, acquire property, sue and be sued, and engage in and
undertake all other activities as provided for in Chapter 145-A, Revised Laws of Hawaii 1955, and as may be
hereafter provided for by law.
D. The board may make and, from time to time, alter, amend, and repeal rules and regulations relating to
the management, control, operation, preservation, and protection of the waterworks. Such rules and regulations
shall have the force and effect of law. Penalties for the violation of any rule or regulation shall be set forth in the
rules and regulations.
Section 17.04. Staff. The board shall appoint an engineer duly registered under Hawaii [State] state laws
pertaining to registration of engineers. [I4e] Said person shall be known as the manager and chief engineer and
shall be the head of the department. [He] The manager and chief engineer shall have had a minimum of five
years of training and experience in an engineering position, at least three years of which shall have been in a
responsible administrative capacity. [1Ie] Said person shall have the powers and duties prescribed by the board.
(Amended 1980)
ARTICLE XVIII
CIVIL DEFENSE AGENCY
Section 18.01. Civil Defense Agency. There shall be a civil defense agency whose powers, duties, functions,
and organization shall be as provided by law.
Section 18.02. Mayor to Declare State of Emergency. The power to declare a state of disaster or emergency
is conferred on the mayor. The mayor may declare an emergency when the peace, life, property, health, or safety
of the community are endangered, but [iris] the mayor's failure or refusal to make such declaration shall not
preclude the county council from finding that an emergency exists providing that the county council adopt an
emergency ordinance in accordance with the charter. (Amended 1984)
Charter Review Commission —August 22, 2016 21
Section 18.03. Civil Defense Contingency Fund. The council shall provide in the annual budget a civil
defense contingency fund of not less than ] $50,000 to be expended by the mayor for public purposes
during any state of emergency or disaster. A report containing a complete accounting of all such expenditures
shall be made as soon as practicable to the council. (Amended 1984)
ARTICLE XIX
FINANCIAL PROCEDURES
Section 19.01. Fiscal Year. The fiscal year shall begin on [the first day July 1 and end on [the thirtietha�-
e€J June 30 of the succeeding year. (Amended 1992)
Section 19.02. The Proposed Annual Budget Ordinance.
A. The proposed annual budget ordinance, consisting of the operating and capital budgets for the
ensuing fiscal year, shall be prepared by the director of finance and submitted by the mayor to the council,
together with a budget message and any proposed revenue measure, on or before [the fifteenth day ec] March 15
of each year. If [thefifteenth day fl March 15 falls on a Saturday, Sunday, or legal holiday, the proposed annual
budget ordinance shall be submitted on the prior working day.
On or before May [eighth] 8 of each year, the mayor may submit one communication to the council which
suggests modifications to the proposed annual budget ordinance. The communication shall describe the mayor's
suggested modifications to the proposed annual budget and the reasoning justifying such modifications.
(Amended 1980, 1992)
B. On or before the date specified by the mayor, the head of each county department, office, or agency
shall furnish the mayor with estimates for the ensuing fiscal year covering the revenues and expenditures of the
department, office, or agency, together with such other information as the mayor may request. (Amended 1992)
Section 19.03. The proposed and adopted annual budget ordinance shall be a balanced budget[,]; the total
expenditures and appropriations shall not exceed the estimated revenues and other resources. (Amended 1992)
Section 19.04. The operating budget shall include salaries, materials and supplies, including equipment and
fixtures, necessary for the upkeep, maintenance, and operation of the departmental or agency functions, and
other expenses incident to the operational requirements of the department or agency. (Amended 1992)
Section 19.05.
A. The capital budget shall reflect and fund the capital program to be undertaken during the ensuing
fiscal year from current revenues; provided, however, that any project or projects to be financed by bond fund
proceeds to be undertaken during the fiscal year shall be included and reflected as part of the capital program.
B. Amendments to the capital budget shall constitute and be effective to amend the capital program.
(Amended 1992)
Section 19.06. Budget Message. The mayor's budget message shall explain the budget in fiscal terms and in
terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year
and describe the most important features of the budget plan. It shall indicate any major changes in financial
policies and in expenditures, appropriations, and revenues as compared with the fiscal year currently ending[,]
and shall set forth the reasons for the changes. (Amended 1992)
Section 19.07. Consideration and Adoption by Council.
A. Upon receipt of the proposed annual budget, the [Cettnei}] council shall immediately publish a notice
in a newspaper of general circulation in the county, setting forth (1) a summary of the estimated revenues,
including any new sources of revenues[,] and expenditures; (2) that copies of the budget are available at the office
of the county clerk; (3) the date, time, and place at which the council will commence its public hearings upon the
proposed budget, which shall not be less than ten days after the date of the publication of such notice.
Charter Review Commission —August 22, 2016 22
Upon receipt of the mayor's communication which suggests modifications to the proposed annual budget
ordinance, the council shall hold a public hearing on the mayor's communication suggesting modifications to the
proposed annual budget ordinance. The public hearing shall comply with the provisions of [Chapter] chapter 92,
Hawaii Revised Statutes, as amended. After the public hearing and before final reading of the proposed annual
budget ordinance, the council shall approve, deny, or receive the suggested modifications in the mayor's
communication.
Upon the conclusion of the hearings, the council may reduce any item or items in the mayor's proposed
budget by a majority vote, and may increase any item or items therein or add new items thereto by an affirmative
vote of two-thirds of the entire membership. The council shall pass on final reading the annual budget ordinance
on or before [the,.,,venth day l June 7 of the fiscal year currently ending. If final reading is not taken on or prior
to such day, the annual budget ordinance as submitted by the mayor on or before March 15 shall be deemed to
have been enacted as the budget for the ensuing fiscal year.
B. Amendments to the adopted annual budget ordinance may be submitted by the mayor, unless
otherwise provided, and considered by the council under the same procedures prescribed in [Seetion] section
19.07A for the enactment of the operating budget ordinance, but no amendment shall increase the aggregate of
authorized expenditures to any amount greater than the estimate of revenues for the fiscal year. (Amended 1992)
Section 19.08. Administration and Enforcement of the Annual Budget Ordinance.
A. The enactment of the annual budget ordinance shall constitute an appropriation of the sums specified
therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the
fiscal year for which made, and any part of such appropriation which is not encumbered or expended shall lapse
at the end of the fiscal year, except that appropriations to the fund established by paragraph C of section 19.15
shall not lapse, but shall remain in the fund, accumulating from year-to-year. Agencies authorized to make
expenditures under the annual budget ordinance may proceed without other authority from the council to incur
obligations or make expenditures for proper purposes to the extent that the moneys are available and as allotted.
B. Immediately following the enactment of the annual budget ordinance, the heads of all agencies shall
submit to the director of finance schedules showing the expenditures anticipated for each quarter of the fiscal
year.
C. The approval of an expenditure schedule by the mayor shall constitute a budgetary allotment which
shall, unless a revision thereof is approved by the mayor, be binding upon such agencies, and the director of
finance shall approve or issue no requisition, purchase order, voucher, or warrant that is not in accordance with
such allotment.
D. The allotment herein provided may be altered at any time by the mayor. The mayor shall direct
appropriate revisions in allotments to keep expenditures within the revenues received or anticipated.
E. Any part of an allotment which is not expended or encumbered shall be deemed re -allotted for the
next allotment period.
F. The mayor may at any time transfer an unencumbered appropriation balance or portion thereof
within a division or between divisions in the same department. Transfers between departments, boards, or
commissions shall be made only by the council by ordinance adopted pursuant to [Seetien] section 19.0713, upon
the recommendations of the mayor. (Amended 1992, 1996, 2002)
G. The council may approve or appropriate moneys to be expended as grants; provided that the council
shall neither expend nor administer any grant moneys.
Section 19.09. Capital Program and Capital Budget.
A. The capital program shall include:
Charter Review Commission —August 22, 2016 23
(1) Permanent public improvements, including planning, engineering, and administrative costs,
but not the repair or maintenance thereof.
(2) The acquisition of land or any interest therein for any permanent public improvements.
(3) The furnishings, fixtures, and appurtenances of any permanent improvement when first
constructed or acquired.
B. The planning commission shall prepare the capital program for each of the ensuing five fiscal years,
predicated upon the requests of the several agencies and based upon the finance director's statement of moneys
likely to be available and the amount of bonds which the mayor believes would be proper for the county to issue.
C. The capital program shall be appended to the capital budget, and shall be submitted to the council for
its approval. The council may adopt the capital program pursuant to [SeetieR] section 19.07A with or without
amendments.
D. Bond fund proceeds shall be appropriated and expended in accordance with law. (Amended 1992)
Section 19.10. Appropriations and Changes.
A. If, during any fiscal year, the mayor or council certifies that there are available for appropriations (1)
revenues received from sources not anticipated in the adopted annual budget for that year or (2) revenues
received from anticipated sources but in excess of the budget estimates therefor, the council may introduce and
make supplemental appropriations for that year up to the amount of the additional revenues so certified. Such
appropriations shall be made by ordinance adopted pursuant to [Seetien] section 19.07B. (Amended 1992)
B. To meet a public emergency affecting life, health, or property, the council, upon written request by the
mayor, may make emergency appropriations. Nothing in this section shall preclude the council from introducing
and adopting an emergency appropriation ordinance pursuant to [Seetion] section 18.02. Such appropriations
shall be made by ordinance adopted pursuant to [Seetieu] section 4.02K except that such ordinance shall be
approved by a majority of all [eaunei4 m,,....1.,,rs councilmembers present. (Amended 1992)
C. Any unappropriated surplus or unencumbered balances certified by the mayor as available for
appropriation under section 19.14 may be appropriated by amendment to the annual budget ordinance. Such
amendments may be introduced by the mayor or the council. (Amended 1992)
Section 19.11. Appropriations: Reduction and Transfer.
A. If, at any time during the fiscal year, it appears probable to the mayor that the revenues available
will be insufficient to meet the amount appropriated, [he] the mayor shall report to the county council without
delay indicating the estimated amount of the deficit, any remedial action taken by ] the maw and [iris] the
mayor's recommendations as to any further action to be taken. The council shall then take such further action as
it deems necessary to prevent or minimize any deficit. For that purpose, it may, by ordinance adopted pursuant to
[Seetion] section 19.07B, reduce one or more appropriations; but no appropriation for debt service may be reduced,
and no appropriation may be reduced by more than the amount of the unencumbered balance thereof or below
any amount required by law to be appropriated. (Amended 1992)
Section 19.12. Lapse of Appropriations. Every appropriation shall lapse at the close of the fiscal year to the
extent that it has not been expended or encumbered, except appropriations to the fund established by paragraph
C of section 19.15 and appropriations for capital budget items where any portion of said appropriation has been
expended. (Amended 1992, 2002)
Section 19.13. Payments and Obligations.
A. With the exception of debt service charges, no payment shall be authorized or made and no obligation
incurred against the county, except in accordance with appropriations duly made and under such procedures and
policies as may be established by ordinance. Every obligation incurred and every authorization of payment in
Charter Review Commission —August 22, 2016 24
violation of the provisions of this charter shall be void. Every payment made in violation of the provisions of this
charter shall be void. Every payment made in violation of the provisions of this charter shall be illegal, and all
county officers who knowingly authorize or make such payment or any part thereof, shall be jointly and severally
liable to the county for the full amount so paid or received. If any county officer or employee knowingly authorizes
or makes any payments or incurs any obligation in violation of the provisions of this charter[,] or in violation of
the provisions of the procedures and policies established by ordinance, or takes part therein, that action shall be
cause for [Iris] that person's removal.
B. Nothing contained in this section or other sections of this charter shall be construed to prevent the
making or authorizing of payments, or making of contracts for capital improvements to be financed wholly or
partly by the issuance of bonds, nor shall it prevent the making, when permitted by law, of any contract or any
lease providing for the payments of funds at a time beyond the end of the fiscal year in which the contract or lease
is made. But any contract, lease, or other obligation requiring the payment of funds from appropriations of a later
fiscal year, or of more than one fiscal year, shall be made or approved by ordinance. (Amended 1992)
Section 19.14. Surplus and Reserves. Any unappropriated surplus and any unencumbered balances of any
appropriations in any fund at the end of any fiscal year shall be available for appropriation for the succeeding
fiscal year. The mayor shall certify to the council the amount of any unappropriated surplus or unencumbered
balances by January 1 following the close of the fiscal year. (Amended 1992)
Section 19.15. Fund Administration.
A. Deposit of [Funds.] funds. Money received by officers and employees shall be deposited promptly to
the county's account in depositories authorized by law.
B. Creation of [Fun4s ] funds. In addition to the funds established by this charter, the mayor, with the
approval of the council, may establish other funds when necessary and when no appropriate class of funds exists.
Nothing in this section shall preclude the council from introducing and adopting other funds by ordinance.
C. [PubheAeeess OpenSpaee, N=aturalResoccrees Preservation Fund.] Public access, open space, natural
resources preservation fund.
(1) In adopting each fiscal year's budget and capital program, the council shall appropriate a
minimum of one-half of one percent of the certified real property tax revenues to a fund known as the
public access, open space, natural resources preservation fund. The moneys in this fund shall be utilized
for purchasing or otherwise acquiring lands or property entitlements for land conservation purposes in
the [eeunty of K County of Kauai for the following purposes: public outdoor recreation and
education, including access to beaches and mountains; preservation of historic or culturally important
land areas and sites; protection of significant habitats or ecosystems, including buffer zones; preserving
forests, beaches, coastal areas, and agricultural lands; protecting watershed lands to preserve water
quality and water supply; conserving land in order to reduce erosion, floods, landslides, and runoff;
improving disabled and public access to, and enjoyment of, public land, and open space; acquiring
disabled and public access to public land, and open space.
(2) The moneys in this fund may also be used for the payment of interest, principal, and
premium, if any, due with respect to bonds issued pursuant to [Seetiens] sections 3.13, 3.14, or 3.15[;
Charter] of the charter, in whole or in part H for the purposes enumerated in paragraph (1) of this
section and for the payment of costs associated with the purchase, redemption, or refunding of such
bonds.
(3) At any given time, no more than [five] 5 percent [(5%)] of this fund shall be used for
administrative expenses.
(4) Any balance remaining in this fund at the end of any fiscal year shall not lapse[,] but shall
remain in the fund, accumulating from year to year. The moneys in this fund shall not be used for any
purpose except those listed in this section.
Charter Review Commission —August 22, 2016 25
(5) The [Cauiwi}] council shall by ordinance establish procedures for the administration and
priorities for the expenditure of moneys in this fund. Such ordinances shall include the following
provisions:
(a) Utilizing a community -based process that incorporates countywide community input,
for the purposes of establishing annual recommended priorities of lands or other property
entitlements to be acquired for those land conservation purposes described in paragraph C of
[Seetien] section 19.15 of the [£darter] charter. (Amended 1992, 2002)
Section 19.16. Insurance. The director of finance shall procure insurance for the protection of designated
properties of the county in such amounts and under such conditions as the council shall, by ordinance, prescribe
from companies licensed to do business in the [Stitt-] state. The council may also instruct the director of finance
to procure insurance coverage for any of the county activities it deems should be covered by insurance.
Section 19.17. Surety Bonds. Except as otherwise provided, the council shall determine which officers and
employees shall be required to furnish surety bonds and shall determine the kind and amount of each individual
or blanket bond. All officers concerned with the receipt, collection, custody, or disbursement of public funds shall
be bonded. The director of finance shall procure all such surety bonds from companies licensed to do business in
the [Stag] state. All such bonds shall be in favor of and the premiums thereon shall be paid by the county.
Section 19.18. Contracts.
A. Before execution, all written contracts to which the county is a party shall be approved by the county
attorney as to form and legality. All such contracts shall be signed by the mayor, except that contracts for
purchase of materials, supplies, equipment, personal services, and public works contracts shall be signed by the
director of finance.
B. Before execution, contracts involving financial obligations of the county shall also be approved by the
director of finance as to the availability of funds in the amounts and for the purposes set forth therein.
Section 19.19. Centralized Purchasing.
A. The department of finance shall be responsible for the procurement of all goods, services, and
construction required by any department, office, or agency of the county, except the [Department of Water.]
department of water. (Amended 2010)
B. All procurements shall be conducted pursuant to state law. (Amended 2010)
C. The director of finance shall, from time to time, secure from all agencies estimates of their needs for
articles of common use and shall, when practicable, consolidate requisitions in order to secure the benefits of
quantity purchases and to that end, cooperate with other public agencies. (Amended 2010)
D. The director of finance may, by rules, provide for petty cash funds. (Amended 2010)
E. All county storerooms (other than departmental) shall be supervised and operated by the director of
finance. (Amended 2010)
F. The director of finance shall require such guarantees of performance by vendors as in [his] the
director's opinion may be necessary or may be prescribed by ordinance. (Amended 2010)
Section 19.20. Disposition of Surplus Property.
Surplus property means any property that no longer has any use to the agency or department that has custody of
the item. All departments, offices, or agencies having materials, supplies, or equipment which are not useful to
them[;] shall return custody of the item to the director of finance, who shall, from time to time and at least
Charter Review Commission — August 22, 2016 26
annually, circulate a list of surplus items to the various departments and agencies of the county or other
governmental agencies for redistribution and use. If the surplus property is found to be unusable for public
purposes, the director of finance shall, after fixing a minimum price for the property, provide for the sale by sealed
bid with or without advertising, to the highest bidder for not less than the minimum price established by the
director of finance. Advertised auctions shall be published on two non-consecutive days in a daily newspaper of
general circulation in the County of Kauai or the [ems] county website, and the proceeds shall be a
realization of the general fund unless required otherwise by statute, ordinance, rule, grant, or gift.
Surplus property determined to be of no use to any county agency[j] may be used for bid purposes, as a trade-in
for credit to be applied to the final purchase price of the procurement solicitation.
Surplus property determined to be hazardous or that may potentially pose a danger to the public may be disposed
of at the direction of the director of finance. The means by which said items are to be disposed of shall be
determined solely by the director of finance or designee, provided such means are legal and appropriate for the
specific item.
Surplus property having little or no monetary or salvage value as determined and certified by the director of
finance or designee, and further determined to be impractical to be offered by auction, may be legally disposed of.
(Amended 2010)
Section 19.21. Past Due Accounts. The finance director shall promptly collect all past due accounts. Unless
otherwise provided by law any account more than ninety [E9A ] days past due shall be referred to the county
attorney's office for collection. (Amended 1984)
ARTICLE XX
CODE OF ETHICS
Section 20.01. Standards of Conduct. In order to establish a high standard of integrity and morality in
government service, a code of ethics is hereby established.
Section 20.02. No officer or employee of the county shall:
A. Solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan,
travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can
reasonably be inferred that the gift is intended to influence ] the officer or employee in the performance of
[Iris] the officer or employee's official duties or is intended as a reward for any official action on [lais] the officer or
employee's part.
B. Disclose information which, by law or practice, is not available to the public and which [he] the officer
or employee acquires in the course of [Iris] the officer or employee's official duties or use such information for [Iris]
the officer or employee's personal gain or for the benefit of anyone.
C. Acquire financial interest in business enterprises which [he] the officer or employee may be directly
involved in official action to be taken by [hip] the officer or employee.
D. Appear [in] on behalf of private interests before any county board, commission, or agency.
E. Use [Iris] the officer or employee's official position to secure a special benefit, privilege, or exemption
for [hiRrse1 fl the officer or employ or others.
F. Use county property for other than public activity or purpose.
Section 20.03. Contracts.
A. The county shall not enter into any contract with an officer or employee or with a firm in which an
officer or employee has a substantial interest involving services or property of a value in excess of [$4-,009:90]
1 000 unless the contract is made after competitive bidding. (Amended 2010)
Charter Review Commission —August 22, 2016 27
B. The county shall not enter into a contract with any person or firm which is represented or assisted
personally in the matter by a person who has been an employee of the agency within the preceding one year and
who participated while in county employment with the subject matter of the contract. (Amended 2010)
C. This section shall not apply to a personal employment contract.
Section 20.04. Disclosure.
A. The mayor, councilpersons, all department heads and deputies, members of boards and commissions,.
[ad] the purchasing administrator, and any employee delegated or authorized to act on behalf of the director of
finance and the deputy director of finance in their absence shall, within thirty [(30)] days of assuming office, file
with the board a list of all real property within the county in which [he] such person has any right, title, or
interest, a list of all business firms which contract for county business in which [he] such person has any interest,
and all [their] of such person's places of employment, including part-time employment, all sources and amounts of
income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses, and
the names of persons represented before government agencies. Amendments to the list, including additions,
deletions or changes in title, interest in property or of employment, shall be made within thirty [00)] days of the
occurrence of the amendment. The list shall be a matter of public record. (Amended 2008, 2010)
B. Any elected official, appointed officer, employee, or any member of a board or commission who
possesses or acquires such interest as might reasonably tend to create a conflict with [his] such person's duties or
authority, or who is an owner, officer, executive director, or director of an organization, or whose member of [his]
such person's immediate family, which includes parents, siblings, spouse, or children, is an owner, officer,
executive director, or director of an organization in any matter pending before ] such person shall make full
disclosure of the conflict of interest and shall not participate in said matter. (Amended 1976, 1980, 2006, 2008)
C. Penalties.
(1) Any violation of any of the provisions of this section shall, at the option of the director of
finance, render forfeit and void the contract, work, business, sale, or transaction affected.
(2) Any violation of any of the provisions of this section shall constitute cause for fine, suspension,
or removal from office or employment.
D. The council shall, by ordinance, adopt and may, from time to time, revise and amend such
complementary provisions as may be necessary to supplement the code of ethics.
E. The mayor, the council, and the board of ethics shall be responsible for the enforcement of provisions
of this article. (Amended 2008)
Section 20.05. Board of Ethics. There shall be a board of ethics.
A. The board shall consist of seven members. (Amended 2006)
B. The board shall annually select a [ehairman] chair and a secretary from among its members and shall
adopt rules necessary for the conduct of its meetings.
C. The board shall meet at the call of the [fin] chair or of a majority of its members. A majority of
the membership shall constitute a quorum for the conduct of business, and the affirmative vote of at least a
majority shall be necessary to take any action.
D. It shall be the function of the board:
(1) To initiate, receive, hear, and investigate complaints of violations of the code of ethics and to
transmit its findings to the council as to complaints involving county officers and to the civil service
Charter Review Commission —August 22, 2016 28
commission as to employees. It may also, on its own, file impeachment proceedings in the circuit court.
(2) To render advisory opinions or interpretations with respect to application of the code on
request. All requests for advisory opinions shall be answered within [forty five (5)] forty-five days of its
filing and failure to submit an advisory opinion within said [forty five (45)] fort,, days shall be deemed
a finding of no breach of the code. Opinions rendered or deemed rendered shall be binding on the board in
any subsequent charges concerning the officer or employee of the county until said opinion is amended or
revoked by the board. (Amended 2010)
(3) To prescribe a form for the disclosure provided in this section and to implement the
requirements of the disclosure provisions.
(4) To examine all disclosure statements filed and to comment on or advise corrective action to
any matters that may indicate a conflict of interest. (Amended 1976)
(5) To propose revisions of the code to assure its effectiveness.
E. In the course of its investigations, the board shall have the power to administer oaths and subpoena
witnesses and to compel the production of books and papers pertinent thereto.
F. All hearings on complaints shall be closed to the public. Only findings of violations shall be referred to
the council or the civil service commission. Upon referral to the council or civil service commission, the violations
shall be treated as any other similar item of council or civil service commission business.
G. If any officer or employee[,] or former officer or employee[j] shall obtain an advisory opinion from the
board and shall govern [himself] oneself accordingly[;] or shall act in accordance with the opinions of the board,
[he] such person shall not be held guilty of violating any of the provisions of the code.
H. Cooperations. The council and mayor shall cooperate and provide financing and personnel help
required by the [eeR+R+i&sion] board in the performance of its duties. (Amended 2010)
ARTICLE XXI
SPECIAL ASSESSMENT IMPROVEMENTS
Section 21.01. Improvements by Special Assessment. The council shall enact the provisions of [Seetion]
section 146-130 to 146-171 of the Revised Laws of Hawaii 1955, as amended, with the exception of [Seetieu]
section 146-167, as a county ordinance. No changes, however, shall be made by the council regarding any matter
under the control of the board of water supply without the prior approval of its board. Exemptions from special
assessments and reimbursement of costs to the county shall be as provided by law.
ARTICLE NMI
INITIATIVE AND REFERENDUM
Section 22.01. Power of Initiative and Referendum.
A. The power of voters to propose ordinances (except as provided in [Seetien] section 22.02) shall be the
initiative power.
B. The power of the voters to approve or reject ordinances that have been passed by the county council
(except as provided in [Seetien] section 22.02) shall be the referendum power. (Amended 1976)
Section 22.02. Limitations to Powers. The initiative power and the referendum power shall not extend to any
part or all of the operating budget or capital budget; any financial matter relating to public works; any ordinance
authorizing or repealing the levy of taxes; any emergency legislation; any ordinance making or repealing any
appropriation of money or fixing the salaries of county employees or officers; any ordinance authorizing the
appointment of employees; any ordinance authorizing the issuance of bonds; or any matter covered under
collective bargaining contracts. (Amended 1976)
Charter Review Commission —August 22, 2016 29
Section 22.03. Submission Requirement.
A. Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to
the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the
clerk of the council at least ninety-six [(96)] hours prior to any regular council committee meeting.
B. Voters seeking referendum on an ordinance shall submit a referendum petition addressed to the
council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of
the county.
C. Each initiative or each referendum petition must be signed by registered voters comprising not less
than [twenty r reent (201%)] 20 percent of the number of voters registered in the last general election. (Amended
2012)
D. If an initiative or referendum measure is to be placed on the ballot in a general election, the initiative
and referendum petitions must be submitted not less than one hundred twenty [420)] calendar days prior to the
day scheduled for the general election in the county. (Amended 1976, 2012)
Section 22.04. Petitioner's Committee. For each initiative or each referendum petition there shall be a
petitioner's committee representing all the petitioners, which committee shall be composed of five [(5 ] members
who shall be qualified voters of the county and signers of the petition. The committee shall be responsible for
circulation of the petition and for assembling and filing the petition in proper form. The committee shall have the
power to amend or withdraw the petition as provided by this article. (Amended 1976)
Section 22.05. Initiative and Referendum Petition: Form and Sufficiency.
A. For immediate acceptance of the petition, the clerk of the council shall require reasonable compliance
with the following:
(1) The petitions indicate by name and address, the five [(5 ] signers who constitute the
petitioner's committee for that petition.
(2) The petitions indicate the address which all notices for petitioner's committee are to be sent.
(3) The signatures to petitions be filed on papers of uniform size and style and assembled as one
instrument.
(4) Each signature on the petition shall be followed by the name (printed) and the place of
residence of the person signing.
(5) The petition be signed by the required number of qualified registered voters of the county.
B. Signatures are invalid and petitions insufficient:
(1) If signers are not given an opportunity to read the full text of the ordinance sought to be
reconsidered and if the full text of the ordinance is not contained in or attached to each signature paper or
set of signature papers of an initiative or referendum petition throughout circulation.
(2) If affidavits (executed by the circulators for each set of signature papers) are not attached to
the papers at the time of filing of petitions with the clerk of the council. Each affidavit shall attest to the
effect that: a particular individual personally circulated an identifiable set of papers; each paper bears a
stated number of signatures; each signature on a paper was affixed in the circulator's presence; each
signature is the genuine signature of the person it purports to be.
C. Individual signatures may be withdrawn within fifteen [401 days after the filing of an initiative or
referendum petition with the clerk of the council by the filing of a written request thereof[,] by the individual[j]
Charter Review Commission —August 22, 2016 30
with the clerk of the council. (Amended 1976)
Section 22.06. Procedure After Filing.
A [ocr-tifieate of C r4; n ... enElfnent ] Certificate of clerk; amendment. Within twenty [kA] days after
the filing of an initiative or referendum petition, the clerk of the council shall complete a certificate as to the
sufficiency of the petition.
As soon as a certificate is completed, the clerk shall notify the petitioner's committee of the contents of the
certificate. If a petition is certified sufficient, the clerk shall present [his] the clerk's certificate to the county
council at its next meeting. If the clerk certifies a petition insufficient, [his] the clerk's certificate shall show the
particulars wherein the petition is defective. A majority of the petitioner's committee may elect to amend a
petition certified insufficient and must so notify the clerk, but if a majority does not elect to amend a petition, the
clerk shall present [his] the clerk's certificate to the county council at its next meeting.
B. [Supplementary Petition. Supplementary petition. If a majority of the petitioner's committee elects to
amend its petition, then within ten [40)] days after receipt of the clerk's certificate, the committee shall file a
supplementary petition upon additional papers. The supplementary petition shall be governed by the same
requirements as for an original petition. Within five [(})] days after the filing of a supplementary petition, the
clerk shall complete a second certificate as to the sufficiency of the original petition as amended by the
supplementary petition. Thereafter, the procedural requirements for the petition as amended shall be the same as
that for the original petition as provided in subsection A, this section.
C. [Counei Re�,4 - .] Council review. A majority of the petitioner's committee may request the county
council to review a clerk's certificate, at or before the meeting at which the clerk presents the certificate to the
council. The council shall review the latest clerk's certificate, upon the committee's request, and shall approve or
reject the certificate or may substitute its own determination of sufficiency of the petition by resolution.
D. [Court Review; New Petit Court review; new petition. A final determination as to the sufficiency
of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same purpose. (Amended 1976)
Section 22.07. County Council Action on Petitions.
A. The county council shall proceed immediately to consider an initiative or referendum petition which
has been determined sufficient in accordance with the provisions of this article. If an initiative petition is
concerned, the ordinance it proposes shall at once be introduced subject to the procedures required for ordinances
under [fie] article IV of this charter; however, not more than sixty [k6(�] days shall elapse between the time of
first reading of the initiative proposal as a bill and completion of action to adopt, amend, or reject the same. If a
referendum petition is concerned, the ordinance to which that petition is directed shall be reconsidered by the
council; and not later than thirty [(�] days after the date on which the petition was determined sufficient, the
council shall, by ordinance, repeal, or, by resolution, sustain the ordinance.
B. If the council rejects an initiative amendment proposal or passes it with an amendment unacceptable
to a majority of the petitioner's committee, or if the council fails to repeal an ordinance reconsidered pursuant to a
referendum petition, it shall submit the originally proposed initiative ordinance or refer the reconsidered
ordinance concerned to the voters of the county at the next general election.
C. The council may, in its discretion, and, under appropriate circumstances, provide for a special
election.
D. The ballot for such measures shall contain an objective summary of the substance of the measure and
shall have below the ballot title designated spaces in which to mark a ballot FOR or AGAINST the measure.
Copies of initiative or referendum ordinances shall also be made available at the polls.
E. [Suspension f Ordin ne ] Suspension of ordinance. When a referendum petition or amended
Charter Review Commission —August 22, 2016 31
petition has been certified as sufficient by the [Cetmty Cie county county clerk, the [r'o ee] ordinance sought to
be repealed in the petition shall not be effective and shall be deemed suspended from the date the petition is
certified as sufficient until the voters have voted on the measure and the election results have been certified as
provided in this [Artie] article. (Amended 1976, 1980)
Section 22.08. Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time
prior to the sixtieth [{6Ath)] day immediately preceding the day scheduled for a vote in the county by filing with
the county clerk a request for withdrawal signed by at least four [(4)] members of the petitioners committee. Upon
the filing of the request, the petition shall have no further force or effect and all proceedings thereon shall be
terminated. (Amended 1976)
Section 22.09. Results of Election. If a majority of the voters voting upon a proposed initiative ordinance shall
vote in favor of it, the ordinance involved shall be considered adopted upon certification of the election results. If a
majority of the voters voting upon a referendum ordinance shall vote against it, the ordinance involved shall be
considered repealed upon certification of the election results. (Amended 1976)
Section 22.10. Upon approval by a majority of the votes cast on the proposal, the charter amendment shall take
effect upon all legislative acts not excluded herein enacted after January 2, 1977. (Amended 1976)
Section 22.11. A referendum that nullifies an existing ordinance shall not affect any vested rights or any action
taken or expenditures made up to the date of the referendum. (Amended 1976)
ARTICLE XXIII
GENERAL PROVISIONS
Section 23.01. Definitions.
A. The term "agency' shall mean any office, department, board, commission, or other governmental unit
of the county.
B. The term "employee" shall mean any person, except an officer, employed by the county or any
department thereof, but the term shall not include any independent contractor.
C. The term "law" shall mean any law of the State of Hawaii or any ordinance of the [e „rty of Ka aq]
County of Kauai or any rule or regulation of any department having the force and effect of law.
D. The term "officer" shall include the following:
(1) Mayor, prosecuting attorney, and members of the council.
(2) Any person excluded from [Gh pter] chapter 76, FIRS and the position classification plan who
is appointed as administrative head of any department or agency of the county or as a member of any
board or commission.
(3) Deputies appointed by the administrative head of any department or agency of the county
who are excluded from [Chapter] chapter 76, HRS and the position classification plan. (Amended 2012)
E. The term [�t-ate"] "state" shall mean the State of Hawaii.
Section 23.02. Boards and Commissions. The council may create such other boards and commissions, not
provided herein, by ordinance. All boards and commissions, including those which are specifically provided for
herein, shall be organized, appointed, and vested with the power and authority as provided hereunder which are
not in conflict with the provisions of this charter.
A. All boards and commissions established by [Charter] charter shall consist of at least seven members.
(Amended 2006)
Charter Review Commission —August 22, 2016 32
B. All members of boards and commissions shall be appointed and may be removed by the mayor, with
the approval of the council, except that members of boards and commissions established by ordinance may be
appointed and removed as provided by ordinance. Such ordinance shall provide for either of the following
appointing and removal methods:
(1) Appointment and removal of members by the mayor, with the approval of the council; or
(2) Joint appointing powers under which the mayor and the council each appoint an equal
number of members, and one additional member is selected by the members previously appointed by the
mayor and council. Members appointed by the mayor may be removed by the mayor with the approval of
the council. Members appointed by the council may be removed by the council with the approval of the
mayor. The one additional member selected by the previously appointed members may be removed by the
mayor with the approval of the council.
A board or commission member who is absent from three consecutive meetings without prior excuse of the
[fin] chair shall be expelled from membership. Upon notification of such expulsion by the [ter] chair,
the applicable appointing authority shall within [45] fifteen days of the notice, begin the appointment process.
(Amended 1980, 1986)
C. The members of all boards or commissions shall serve for staggered terms of three years and until
their successors are appointed. However, no holdover term shall extend beyond ninety days. All members
currently serving shall serve their term as set when they were appointed. All appointments after January 1, 1977
shall be for three-year terms. Notwithstanding the holdover period or period of any vacancy, the term of any
appointment shall be deemed to have commenced immediately after the normal termination date of [iris] the
appointee's predecessor. The council may, by ordinance, provide for the staggering of terms provided that no
terms of members already appointed shall be changed. (Amended 1976, 1980)
D. Each commissioner shall be, at the time of [leis] the commissioner's appointment, a duly qualified
resident elector of the county.
E. No more than a bare majority of the members of any board or commission shall belong to the same
political party.
F. Any vacancy occurring on any board or commission shall be filled for the unexpired term.
G. Each board or commission shall elect its [ehftirffkan] chair or other officers. The term of office of the
[ehaiFmansbi] chair of any board or commission shall be one year, and no member of any such board or
commission shall [ .]
serve two consecutive terms as chair.
H. No member of any board or commission shall be eligible for more than two consecutive terms on the
same board or commission or on two different boards or commissions of the county. After the expiration of two
consecutive terms, no person shall be eligible for appointment to any county board or commission until one year
has elapsed after such service. Any partial term of more than two years shall be considered a term as used herein.
(Amended 1976)
I. Employees and officers of the [fie] state or county may be eligible to serve on boards or
commissions, provided that such service does not result in a conflict of interest or is expressly prohibited by law.
J. A majority of all the members to which a board or commission is entitled shall constitute a quorum to
do business, and the concurrence of a majority of all the members to which such board or commission is entitled
shall be necessary to make any action of such board or commission valid.
K. All boards and commissions shall have the power to subpoena witnesses and administer oaths to
witnesses as to all matters within the scope of such boards or commissions.
L. The members of boards and commissions shall receive no compensation but shall be entitled to be
paid for necessary expenses incurred by them in the performance of their duties.
Charter Review Commission —August 22, 2016 33
M. Except for purposes of inquiry, no board or commission, nor its members, shall interfere in any way
with the routine administrative affairs of its department normally administered by the department head.
N. Each board or commission shall have power to establish its own rules of procedures necessary for the
conduct of its business, except as otherwise provided in this charter.
Section 23.03. Title to Property. Except as otherwise provided by law, title to all property acquired by any
agency of the county shall be vested in the county.
Section 23.04. Facsimile Signatures. Whenever any person is required to sign negotiable instruments or
multiple bonds, the signature may be a facsimile.
Section 23.05. Expenses. All officers and employees of the county shall be entitled to their traveling or other
necessary expenses incurred in the performance of their public duties.
Section 23.06. Claims. No action shall be maintained for the recovery of damages for death or injury to person
or property by reason of negligence of any officer or employee of the county unless a written statement stating
fully when, where, and how the damages occurred, the extent thereof and the amount claimed therefor, has been
filed with the county clerk within six months after the date the death, injury, or damages were sustained.
Section 23.07. Annual Reports.
A. Not later than ninety [(90)] days after the close of the fiscal year, each agency of the county shall
make an annual written report of its activities to the mayor in such form and under such rules as the mayor may
prescribe. Copies of such reports shall be filed in the office of the county clerk.
B. Not later than one hundred eighty [(I80)] days after the close of the fiscal year, the mayor shall make
an annual report concerning the activities of all agencies of the county. A copy of such report shall be filed in the
office of the county clerk.
Section 23.08. Records and Meetings Open to Public.
A. All books and records of every department shall be open to the inspection of any person at any time
during business hours, except as otherwise provided by law. Certified copies or extracts from such books and
records shall be given by the officer having custody of the same to any person demanding the same, and paying or
tendering a reasonable fee to be fixed by ordinance for such copies or extracts.
B. All meetings of boards and commissions shall be held in the county building or other public places,
and no such body shall take any official action except at a meeting open to the public.
Section 23.09. Rules and Regulations. Unless otherwise authorized by law, all rules and regulations having
the force and effect of law adopted by any board, commission, or administrative head of a department, must first
be approved by the mayor prior to going into effect.
Section 23.10. Penalties. Any violation of a charter provision, any ordinance, or duly enacted rule or regulation
having the effect of law shall be subject to a fine not exceeding [$44,000:00] $1,000 or one year's imprisonment or
both unless the charter, ordinance, rule, or regulation provides for a specific penalty in which case the specific
penalty shall control. Prosecution for any violation shall be as provided by law for the prosecution of
misdemeanors. (Amended 1980)
Section 23.11. County Elections. County elections shall be conducted in accordance with the election laws of
the [State] state insofar as applicable, but the county primary and general elections shall be held in every two
years following the initial election.
Charter Review Commission —August 22, 2016 34
Section 23.12. Oaths of Office. Before entering upon the duties of [1-4s] the office, each officer elected or
appointed shall take and subscribe to such oath or affirmation as shall be provided by law.
Section 23.13. Impeachment of Officers. Any officer appointed or elected may be impeached for malfeasance,
misfeasance, or nonfeasance in office. Such impeachment proceeding shall be commenced in the Fifth Circuit
Court, State of Hawaii. The charge or charges shall be set forth in writing in a verified petition for impeachment
signed by not less than [five „ereent 5 percent of the voters registered in the last general election, except as
to charges filed by the ethics board. If the court sustains the charge or charges, such officer shall be
deemed removed from office. The petitioners seeking the impeachment shall bear their own attorneys' fees and
other costs of such proceedings, except proceedings initiated by the ethics [eeissie] board, the cost of which
shall be paid by the county.
A. Whenever any officer is sought to be impeached for matters relating to the officer's official powers or
duties, and the impeachment is not being sought by the ethics [eanunission-,] board, such officer may request legal
representation by the county or at county expense.
(1) Such request for legal representation shall be accompanied by a signed statement in a form
approved by the [County Atto r„�• ,] county attorney, in which the officer agrees to reimburse the [County]
county for all expenses incurred in such legal representation, if the officer is impeached.
(2) Determination of expenses shall be made by the [County Atto rr .,] county attorney and
approved by the [mil ] council and shall be conclusive.
(3) Any officer being impeached for matters not relating to their official powers or duties shall
bear their own [attorneys] attorneysfees and costs of such proceedings.
B. Legal representation for impeachment relating to an officer's official powers or duties, and which is
not being sought by the ethics [e&R+inis&ien-,] board, shall be as follows:
(1) By the [County ntte .> ] county attorney's office if requested by the officer and agreed to by
the [County Atte r ] county attorney.
(2) By outside legal counsel selected by the officer. The [player] may and [mil] council shall
appropriate reasonable amounts for such legal services. In the alternative, existing funds which have
been appropriated for legal services may be used, provided the [Couneg] council approves of the amount.
C. Nothing in this section shall preclude the officer sought to be impeached from recovering attorneys'
fees as provided by law. If legal representation is provided at county expense, such recovery shall be reimbursed
to the county. (Amended 1992)
Section 23.14. Coordination of Work. The mayor shall devise a practical and working basis for the cooperation
and coordination of work by the various departments, eliminating duplication and overlapping of functions, and
shall have the various agencies cooperate with each other in the use of employees, land, buildings, quarters,
facilities, and equipment. The head of any department may empower or require an employee of another
department, subject to the consent of the head of such other department, to perform any duty which [he] such
department head might require of the employees of his or her department. Whenever in this charter power is
vested in a department to inspect, examine, or secure data or information or to procure assistance from any other
department, a duty is hereby imposed upon the department upon which demand is made to render such power
effective.
Section 23.15. Cooperation With Other Organizations. In the performance of its functions, each department
shall cooperate with private organizations and with organizations of the governments of the United States, the
[State;] state, and any other state[;] and [] any of their political subdivisions having similar functions.
Section 23.16 Provisions of Charter Inoperative, When. If any provision of this charter jeopardizes the
receipt by the county of any federal grant-in-aid or other federal allotment of money, such provision may, insofar
Charter Review Commission — August 22, 2016 35
as such fund is jeopardized, be waived by the council upon the recommendation of the mayor.
Section 23.17. Titles, Subtitles, Personal Pronouns: Construction. Titles and subtitles shall not be used for
purposes of construing this charter.
When any personal pronoun appears in this charter, it shall be construed to mean [^i�ex-sexand ender.
ARTICLE XXIV
CHARTER AMENDMENT
Section 24.01. Initiation of Amendments. Amendments to this charter may be initiated only in the
following manner:
A. By resolution of the council adopted after two readings on separate days and passed by a vote of five
or more members of the council.
B. By petition presented to the council, signed by registered voters comprising not less than [five
pereent] 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)
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 [(3 ] days prior to submission of the proposed
amendments to the voters of the county at the next general election. (Amended 2014)
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 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 within thirty [(30)] days of the
effective date of such amendment. (Amended 2014)
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 [Seetion]
section 23.02C of this [Charter] 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. (Amended 2006, 2014)
Charter Review Commission —August 22, 2016 36
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 [k3g�] 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. (Amended 2014)
ARTICLE XXV
SEVERABILITY
Section 25.01. Severability. If any provision of this charter is held invalid, the other provisions of this charter
shall not be affected thereby. If the application of the charter or any of its provisions to any person or
circumstances is held invalid, the application of the charter and its provisions to other persons or circumstances
shall not be affected thereby.
ARTICLE XXVI
TRANSITIONAL PROVISIONS
Section 26.01.Schedule. After the approval of this charter by the voters, this charter shall be in effect to the
extent necessary in order that the first election of members of the county council and mayor may be conducted in
accordance with the applicable election laws of the [St -ate.] state. This charter shall take full effect on January 2,
1969.
Section 26.02. Initial Election Under the Charter. The first county primary and general elections under this
charter shall be held in the year 1968.
Section 26.03. Existing Laws and Conflicting Laws. All laws, ordinances, resolutions, rules, and regulations
in force at the time this charter takes full effect, and not in conflict or inconsistent with this charter, are hereby
continued in force until repealed, amended, or superseded by proper authority. All laws relating to or affecting
this county or its agencies, officials, or employees, and all county ordinances, resolutions, orders, and regulations
which are in force when this charter takes full effect, are repealed to the extent that they are inconsistent with or
interfere with the effective operation of this charter or of ordinances or resolutions adopted by the county council
under the provisions of this charter.
Section 26.04. Status of Departments and Transfer of Functions.
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.
Section 26.05. Transfer of Records and Property. All records, property, and equipment of any office,
division, department, board, or commission, the functions of which are assigned to another agency by this charter,
shall be transferred and delivered to the agency to which such functions are so assigned.
Section 26.06. Status of Present Employees. All civil service employees and full-time employees whose
positions are exempt from civil service presently employed by any department or agency which is merged or
abolished under this charter, shall be transferred and continued in employment in accordance with [Seetiens]
sections 138-44 and 138-45, Revised Laws of Hawaii 1955, as amended, to a comparable position in an agency
Charter Review Commission —August 22, 2016 37
where such function has been transferred.
Section 26.07. Heads of Departments Continued in Office. Notwithstanding any provision to the contrary,
all officers and department heads, whether appointed or elected, holding office immediately prior to the time this
charter takes effect, shall continue in employment for a period of not more than forty-five [(45)] days thereafter, or
until they are replaced pursuant to the provisions of this charter, whichever occurs later.
Section 26.08. Temporary Budget and Capital Program. During the transitional period, the mayor shall
submit and the council shall adopt, with or without amendments, a temporary current expense budget and a
capital program based on the revenues anticipated during said period. Until the adoption of such temporary
current expense budget and capital program, the then existing budget and capital program shall remain in effect.
Section 26.09. Pending Proceedings. All petitions, hearings, and other proceedings pending before any office,
department, board, or commission abolished by this charter, and all legal proceedings and investigations begun by
such office, department, board, or commission and not completed at the effective date of this charter, shall
continue and remain in full force and effect and shall be completed before or by the office, department, board, or
commission which succeeds to the powers and functions of such office, department, board, or commission.
Section 26.10. Lawful Obligations of the County. All lawful obligations of the county existing on the effective
date of this charter [mod], all fines, taxes, penalties, forfeitures, obligations, and right due, owing, or accruing to
the county, and all writs, prosecutions, actions, and proceedings by or against the county shall remain unaffected
by the adoption of this charter.
ARTICLE XXVII
RECALL
Section 27.01. Recall Procedure. Any [eleeti-ve] elected officer serving a four-year term as provided for in this
charter may be removed from office by the voters of the county. The procedure to effect such removal shall be in
accordance with this article.
A petition demanding that the question of removing such official be submitted to the voters shall be filed
with the county clerk. Such petitions shall be signed by currently registered voters numbering not less than
[twenty p,.weeRt (20%)] 20 percent of the voters registered in the last general election. (Amended 1984)
Section 27.02. Petitions. Petition papers shall be procured only from the county clerk, who shall keep a
sufficient number of such blank petition papers on file for distribution as herein provided. Prior to the issuance of
such petition papers, an affidavit shall be made by one or more voters and filed with the clerk, stating the name
and office of the officer sought to be removed. (Amended 1984)
Section 27.03. Signatures. Each signer of a recall petition shall print and sign [theme] said person's name and
shall place thereon after the name[j] said person's social security number, place of residence, and voting precinct.
To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of
signers to such part of the petition [ate], that each signature appended to the paper was made in the circulator's
presence and is believed to be the genuine signature of the person whose name it purports to be, and that each
signer understood it to be a recall petition of a specific elected officer. (Amended 1984)
Section 27.04. Filing and Certification. All papers comprising a recall petition shall be assembled and filed
with the county clerk as one instrument within thirty [�*] days after the filing, with the clerk, of the affidavit
stating the name and office of the officer sought to be removed. Within ten [40)] days from the date of the filing of
such petition, the clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result
of [1&] the clerk's examination. If the clerk shall certify that the petition is insufficient, [he] the clerk shall set
forth in the certificate the particulars in which the petition is defective[,] and shall return a copy of the certificate
to the person designated in such petition to receive it. (Amended 1984)
Section 27.05. Supplemental Petitions. In the event the initial petition contained insufficient signatures, such
recall petition may be supported by supplemental signatures of voters signed in the manner required in [Seetion]
Charter Review Commission —August 22, 2016 38
section 27.03 of this article appended to petitions issued, signed, and filed as required for the original petition at
any time within ten [(18)] days after the date of the certificate of insufficiency by the clerk. The clerk shall within
five [{o] days after such supplemental petitions are filed make a like examination of them, and if [Iris] the clerk's
certificate shall show the same to be still insufficient, [lie] the clerk shall return it in the manner described in
[Seetim] section 27.04 of this article to the person designated in such petition to receive the same, and no new
petition for the recall of the officer sought to be removed shall be filed within one year thereafter. (Amended 1984)
Section 27.06. Recall Election. If a recall petition or supplemental petition shall be certified by the clerk to be
sufficient, [he] the clerk shall promptly notify in writing the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five [k5)] days after mailing of such notice, the clerk shall
thereupon order and fix a day for holding a recall election. Any such election shall be held not less than seventy-
five [45)] nor more than ninety [OJQ)] days after the petition has been presented to the official, at the same time
as any other special county or state election held within such period, but if no such election is to be held within
such period, the clerk shall call a special recall election to be held within the time aforesaid. If less than [fifty
pereeRt iWno50 percent of the total number of voters registered in the last general election shall vote at such
recall election, the officer sought to be recalled shall not be deemed recalled regardless of the outcome of the
election. (Amended 1984)
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 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 [Seetiea] section
27.06 of this article. (Amended 1984, 2014)
Section 27.08. Succeeding Officer. The incumbent, if not recalled in such election, shall continue in office for
the remainder of [Iris] the incumbent's unexpired term subject to the recall as before, except as provided in this
charter. If recalled in the recall election, [Ise] the incumbent shall be deemed removed from office upon the clerk's
certification of the results of that election, and the office shall be filled as provided by this charter for the filling of
vacancies of elected officials. The successor of any person so removed shall hold office during the unexpired term
of [his pNedeeesthe person removed. (Amended 1984)
Section 27.09. Immunity to Recall. The question of the removal of any officer shall not be submitted to the
voters until such person has served six [k)] months of the term during which [he] such person is sought to be
recalled, nor, in case of an officer retained in a recall election, until one year after that election. (Amended 1984)
ARTICLE XXVIII
COST CONTROL COMMISSION
Section 28.01. There shall be a [Gaunt, Cast Can- trA- Ir^...mission ] county cost control commission composed of
seven members not employed in government service. (Amended 1984, 2006)
Section 28.02. Goal. The goal of the commission is to reduce the cost of county government while maintaining a
reasonable level of public services. (Amended 1984, 2006)
Section 28.03. Repealed (2006)
Section 28.04. Duties. The commission shall review personnel costs, real property taxes, travel budgets, contract
procedures; review with the aim of eliminating programs and services available or more efficiently supplied by
other governments or organizations; eliminate or consolidate overlapping or duplicate programs and services;
scrutinize for reduction any county operation. (Amended 1984)
Section 28.05. Reports. The commission shall prepare and advertise a written annual report summarizing its
recommendations prior to the end of each calendar year. Thereafter, the commission may request that any of its
recommendations be drafted in ordinance form for its introduction through the mayor. The mayor shall, with
Charter Review Commission —August 22, 2016 39
mayor's comments thereon and within thirty [�*] working days of receipt, submit to the council for its
immediate consideration all ordinances proposed by the commission. (Amended 1984, 1996)
Section 28.06. Rules and Regulations. The commission shall adopt rules and regulations relating to the
operation and management of the commission in order that the commission can accomplish its goals and
objectives. (Amended 1984)
Section 28.07. Appropriation. The mayor and council shall provide an annual appropriation sufficient to
enable the commission to secure clerical help and pay other operational costs. The commission shall be provided
with the latest mayor's annual report and the council's latest audit report. The commission is empowered to
secure from any department, agency, official, or employee[,] any report or information the commission requests
that is appropriate to its function. All such requests shall be made through the office of the mayor or the
[ehRipma-n] chair of the council for information within their respective jurisdictions. (Amended 1984)
ARTICLE XXIX
SALARY COMMISSION
Section 29.01. Organization. There shall be a [Salary C w.ri.;,.,,ie salary commission composed of seven
members to establish the maximum salaries of all elected and appointed officers as defined in [Seetien] section
23.01 D of this [GhaAer-.] charter. (Amended 1988, 2006, 2012)
Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies
governing its salary -setting decisions. (Amended 1988, 2006)
Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission
and forwarded to the mayor and the council on or before March 15 of any calendar year. The resolution shall take
effect without the mayor's and council's concurrence sixty days after its adoption by the commission unless
rejected by a vote of not less than five members of the council. The council may reject either the entire resolution
or any portion of it. The respective appointing authority may set the salary of an appointee at a figure lower than
the maximum figure established by the salary commission for the position [. PFeN4ded however, ],provided that
elected officers may voluntarily accept a salary lower than the maximum figure established by the salary
commission for their position, or forego accepting a salary. (Amended 1988, 2006, 2012)
Section 29.04. Rules. The commission shall establish its rules of procedures and adopt rules and regulations
pursuant to law. (Amended 1988, 2006)
Section 29.05. Changes in Salary. No change in the salary of councilmembers shall be effective during the
term in which a change is enacted or for twenty-four months after a change is enacted, whichever is less.
(Amended 1988, 2006)
Section 29.06. Administration and Operation. The mayor and council shall provide an annual appropriation
sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the
performance of its duties. (Amended 1988, 2006, 2012)
ARTICLE XXX
ELECTRIC POWER AUTHORITY
Section 30.01. Electric Power Authority. The [mil] council may establish by ordinance an electric power
authority corporation for the county, which shall be a body corporate, and shall be responsible for the planning,
development, production, purchase, transmission, and distribution of all electricity -related services by the county.
If established by ordinance, all provisions of this [Artiele] article XXX shall be included in the
ordinance and no ordinances shall be enacted and no administrative rules shall be adopted, which either
expressly or by implication conflict with the provisions of this [Axtiele-.] article.
Sections 30.02 through 30.06 of this [ ^ N+i n] article shall be effective thirty [{- ] calendar days
from and after the enactment of an ordinance establishing an electric power authority for the County of
Charter Review Commission —August 22, 2016 40
Kauai.
If established by ordinance, the authority shall operate as a separate unit of county government,
except as otherwise provided in this charter. The authority shall be free from the jurisdiction, direction, and
control of other county officers and of the council.
Notwithstanding any provision in the [meter] charter to the contrary, the council may by ordinance
enact any further provisions it deems necessary to implement this [ ale-XXX] article including, but not
limited to, provisions concerning the power authority's powers, duties, and liabilities, its organization and
governing structure, the manner in which officers and employees are elected, appointed, or employed, and the
manner in which rates are set and the authority's revenues are utilized.
Section 30.02. Board of Directors of the Electric Power Authority. There shall be a board of directors
of the electric power authority, which shall have exclusive jurisdiction, control, and policy -making
responsibility over the authority and all of its operations and facilities.
The board shall have and may exercise all rights, powers, duties, privileges, and immunities possessed
by the county, which are or may be secured by law including, but not limited to, all powers and duties
possessed by the county to construct, acquire, expand, and operate the utility, and to do any and all acts or
things that are necessary, convenient, or desirable in order to operate, maintain, enlarge, extend, preserve,
and promote an orderly, economic, and business -like administration of the utility.
The board shall adopt articles of incorporation and by-laws consistent with all provisions of this [Adele
] article. Such articles and by-laws may be amended from time to time by the board; however, any such
amendments shall be consistent with all provisions of this [Axtiele-YOXY-.] article. Such articles and by-laws shall
also include provisions as are customary to set forth both the corporation's purpose and nature and the procedural
matters necessary for its governance.
The board shall operate as a separate unit of county government, except as otherwise provided in this
charter. Both the board and the authority shall be free from the jurisdiction, direction, and control of other
county officers and of the council.
The board may sue or be sued in its own name. All liability for damage claims arising from the
operations of the board and the authority shall be the responsibility of and be liquidated by the board from the
appropriate funds of the authority.
Section 30.03. Organization of the Board.
A. Number of directors. The board shall consist of seven directors, one of whom shall be the chief
executive officer of the authority, and six of whom shall be elected -at -large. All seven directors shall be voting
members of the board. Charter [Sec-.] section 7.05K shall not apply to this [Artiele ] article.
B. Election and [Tenure of Direetors.] tenure of directors.
1. Directors elected at -large. Directors elected at -large shall be elected at the next regularly
scheduled general election after the enactment of the ordinance creating the authority.
2. Subject to the provision in paragraph D of this section that the terms of the first directors
who have no licensing or education and experience qualification requirements shall be two years, all
directors shall serve terms of four years, unless they die, resign, or are removed from office pursuant
to paragraph D of this section. The terms of all elected directors shall begin at twelve o'clock meridian
on the first working day of December following their election.
3. Term limits of directors. No elected director shall serve as director for more than two
consecutive full terms.
C. Vacancies. Vacancies shall be filled by the board for the unexpired term. No vacancy on the board
Charter Review Commission -August 22, 2016 41
shall impair the right of the remaining directors to exercise all the powers of the board.
D. Qualifications. All persons seeking positions as elected directors shall, upon filing for their
candidacies, be citizens of the United States and registered voters in the [yL] county. In addition, three
of the six elected directors shall possess the following additional qualifications upon filing for
their candidacies.
Three of the six elected directors must either:
(1) Have been licensed by any state in the United States for a minimum of five years in
engineering, accountancy, or law; or
(2) Have an undergraduate or graduate degree in business management or business
administration from a university or college within the United States accredited by the Middle States
Association of Colleges and Schools, North Central Association of Colleges and Schools, New England
Association of Schools and Colleges, Northwest Association of Schools and Colleges, Southern
Association of Colleges and Schools, or the Western Association of Schools and Colleges and have
worked in the field of business management or business administration for a minimum of five years.
All persons seeking positions as elected directors shall specify in their nomination papers whether
they are seeking to be elected for one of the three director positions which have licensing or education and
experience qualification requirements, or the director position which has no such qualification requirements.
All persons seeking director positions which have licensing or education and experience qualification
requirements shall execute an affidavit stating that [he-e�-s ] the applicant has satisfied the qualification
requirements for those positions. The person shall swear to the truth of the allegations by self -subscribing
oath in the affidavit. The county clerk shall prescribe the form of the affidavit. If the clerk so desires or
believes it to be expedient, the clerk may demand that the person furnish substantiating evidence to the
allegations in the person's affidavit. If the clerk determines that any person has not satisfied the licensing or
education and experience requirements of this paragraph D, the person shall be deemed unqualified for the
position sought.
With respect to any director elected to fill a position having licensing or education and experience
requirements, the following rule shall apply. If, at any time, it is learned that any such director has not
satisfied these requirements, the board shall immediately remove the director from office. Any vacancies
arising from such a removal shall be filled by the board for the unexpired term; provided that all persons
appointed by the board as a result of such a removal shall satisfy, at the time of their appointment, the
qualification requirements for such elected directors.
For the director positions which have no licensing or education and experience qualification
requirements, the three candidates receiving the highest number of votes shall be elected to those three
positions. The terms of the first directors who have no licensing or education and experience qualification
requirements shall be two years.
For the three director positions which have licensing or education and experience qualification
requirements, the three candidates receiving the highest number of votes shall be elected to those three
positions.
The qualification requirements of this paragraph D shall not apply to the chief executive officer of the
authority.
No director may hold any county office, be an officer or employee of the county government, or have
been an officer or employee of county government within twelve months of the date that the director's term of
office is effective. No director may conduct any business whatsoever with the authority.
A director convicted of the commission of a felony shall be removed from office when convicted of the
felony.
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E. Officers. The board by majority vote shall elect from among its members a [ehftiFFa+ffi] chair who
shall preside over the meetings of the board, and a [vfee ehaiFmvice-chair who shall act for the [eheirm-&n]
chair during absences, and may elect from among its members one or more vice-presidents, a secretary and a
treasurer, and assistant secretaries and treasurers. The board shall prescribe and may amend the duties of
all such officers.
Election of officers shall be held at the first regular meeting at which all members are present
following the appointment or election of a new director for a full term, but not later than the second meeting
following the appointment or election.
F. Meetings. The board shall take no action except by the affirmative vote of at least four directors,
who shall constitute a quorum.
The board shall meet at least once each month at such times as the board may prescribe.
Except where meetings closed to the public are permitted under applicable law, all board meetings
shall be open to the public. Agendas shall be posted pursuant to applicable law.
G. Errors and omissions. The authority shall hold harmless and indemnify its director, chief
executive officer, agents, and employees to the full extent permitted by law, including, but not limited to, all
liabilities, expenses, and losses incurred by its directors, chief executive officer, agents, and employees in
connection with acts of error or omissions, other than willful violations of laws, committed within the scope of
their duties, and shall defend, at the authority's expense, all related claims and suits.
Section 30.04. Organization of the Authority.
A. Divisions. The authority shall keep separate funds and accounts as required by the uniform
systems of accounts for gas, electricity, water, communications, and other utilities, as promulgated by the
Hawaii Public Utilities Commission or the Federal Energy Regulatory Commission.
B. Policy. The board shall establish an annual budget and written policies governing utility
operations to cover such areas as employees' duties, customer rates, service rules and termination procedures,
expenditures of funds, long-range planning, and other appropriate activities.
C. Chief [Exeeative 0�executive officer. The board shall appoint and the authority shall
employ a president and chief executive officer of the authority who shall be qualified by training and
experience for the overall management of the utility. The chief executive officer shall serve according to the
terms of an employment contract to be executed between the officer and the board, and shall have such
authority as delegated by the board. The salary of the chief executive officer shall be fixed by the board.
The chief executive officer shall, subject to board approval, (1) determine the number of employees
necessary for the operation of the utility, and (2) fix their duties and compensation. The chief executive officer
shall have control of all actual construction and repairs, the immediate management of operation of the
utility, and the enforcement and execution of all rules and regulations, programs, plans, and decisions made
or adopted by the board. The chief executive officer shall maintain suitable permanent records regarding
actions taken. The chief executive officer shall prepare plans and specifications, take bids, and let contracts,
subject to the approval of the board. The chief executive officer shall prepare and submit to the board periodic
reports on the utility's compliance with local, state, federal laws in the areas of safety, environmental matters,
and civil rights.
D. Other employees. There shall be such other officers and employees of the authority as may be
provided by the board. The officers and employees shall be appointed and removed by the chief executive
officer subject to the provisions of applicable local, state, and federal laws or binding contracts entered into
with employees and the authority, or both.
E. Surety bonds. The board may require surety bonds for any of the officers and employees of the
Charter Review Commission —August 22, 2016 43
authority in such amounts as the board deems necessary. The premiums for the bonds shall be paid by the
authority in the same manner as any other operating expense.
Section 30.05. Powers and Duties of the Board.
A. Real estate and contracts. The board, in the efficient and economical operation of the authority,
may, as state law permits: (1) sell its products and services to the public and private corporations and to other
consumers; (2) construct and operate plants and operate distribution system, transmission lines, and other
facilities; (3) purchase real estate and franchises; and (4) enter into all contracts, leases, and agreements in
furtherance thereof.
B. Joint operations with others. The board may enter into contracts and agreements with any public
or private corporation or any individual, both inside and outside the boundaries of the county and state: (1) for
the joint use of property belonging either to the authority or to the other contracting party or jointly to both
parties; and (2) for the joint acquisition of real and personal property, rights and franchises, and the joint
financing, construction, and operation of plants, buildings, transmission lines, and other facilities.
C. Eminent domain. The board may enter upon any land or water for the purpose of making surveys
and may exercise the right of eminent domain in like manner as the county, and to the same extent as the
county, when the board determines that public necessity or convenience requires such action.
D. Use of thoroughfares for utility installations. The board may use the ground over, under, or along
any road, railway, highway, street, sidewalk, thoroughfare, alley, or waterway in the operations of the
authority[,] but shall in all cases and subject to the applicable general regulations of the county and state
cause the surface of the public way to be restored to its usual condition.
E. Rates. The board shall fix rates and other charges to be assessed against each customer class for
electrical services rendered by the authority. Rates and other charges for each customer class shall be based
on the cost of the service provided and be just, reasonable, compensatory, and without undue preference
or discrimination.
The board may require reasonable deposits as security for the payment of charges for utility services,
and may provide for the return of the deposits when satisfactory consumer credit has been established.
F. Authorization for expenditures. No money shall be drawn from the funds of the authority nor
shall any obligation for the expenditure of money be incurred except in conformity with authorization by the
board. No claim against the authority shall be paid unless evidenced by a voucher approved by the chief
executive officer, or by some other employee to be designated by the chief executive officer.
G. Use of utility funds. All utility revenues shall be directed to the provision of utility services and not
applied to the general fund of the county, unless the transfer of revenues constitutes a payment in lieu of taxes.
Except for those taxes that are assessed pursuant to county, state, or federal law, no other taxes or fees, or both,
shall be assessed against the authority. Nothing in this section G. shall prohibit the authority from entering into
such business arrangements or contracts, or both, with the county as the board may deem advisable.
H. Bond issues and other indebtedness. Subject to applicable state laws, the board may authorize the
issuance and sale of revenue bonds or other types of indebtedness necessary to finance the acquisition,
construction, improvement, and extension of the utility facilities owned by the county or authority, including
facilities owned or operated jointly with others. Use of general obligation bonds may entail approval by the
county council.
I. Short-term indebtedness. The board may borrow money for periods not to exceed three years and
may issue negotiable notes, payable from the revenues of the authority, as evidence of the indebtedness. The
action of the board may be by resolutions that may be adopted at the same meetings at which the resolutions
are introduced and shall take effect immediately upon adoption.
Charter Review Commission —August 22, 2016 44
J. Investment of surplus funds. The board may invest surplus funds of the authority in securities
that are deemed safe and as may be authorized by specific action of the board.
K. Delegation of powers. The [mod] board shall retain powers relating to budget approval, rate
setting, and long-term indebtedness; however, it may from time to time delegate in writing other powers to
officers or employees responsible to it, as may be necessary.
Section 30.06. General Provisions.
A. Disposition of [Power Auth power authority. The county council shall have no authority to
cease to operate, or to sell, lease, abandon, or in any other way dispose of the electric power authority under
this [^N+i Y.J article, without first holding a public hearing during which a certified public accountant
shall present a report to the county council concerning the revenue that has been earned by the electric power
authority throughout the county's ownership, and an analysis of the revenues to be lost by the county through
the proposed sale of the electric power authority.
There shall be two council votes at least six [{6}] calendar months apart to call a referendum election
concerning a sale of the authority. The county shall hold a referendum election which must be passed by a
majority of the voters, voting at the election, to approve a sale. The referendum election shall be held at the
next regularly -scheduled general election.
B. Existing obligations. Contracts and obligations relating to the electric power authority which were
incurred prior to the effective date of sections 30.02 through 30.06 shall not be impaired., and shall be binding
upon the board insofar as they apply to the authority.
C. Repeal of prior [Couiaty] county charter provisions and ordinances. All county charter provisions
and ordinances and parts of county charter provisions and ordinances inconsistent with any provision of this
[Artiele Y_XX] article are hereby repealed; however, all county charter provisions and parts of county charter
provisions that are not inconsistent with any provision of this [^N+i] article including, but not limited
to, [Artie1e] article XX of the charter, shall apply to this [Artie ] article.
D. Severability of provisions. If any provision of this [Ar6e1e-Y_V_V_] article, or the application thereof to
any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the
[Artiele] article which can be given effect without the invalid provision or application, and to this end the sections,
subsections, and parts thereof of [Ale-] this article are severable. (Amended 2002)
ARTICLE XXXI
DEPARTMENT OF PARKS AND RECREATION
Section 31.01. Organization. There shall be a department of parks and recreation consisting of a parks and
recreation director and any necessary staff. (Amended 2006)
Section 31.02. Director. The parks and recreation director shall be appointed and may be removed by the
mayor. The director shall have had a minimum of five years of experience in a responsible administrative
capacity, either in public service or private business or both, and shall be the administrative head of the
department. (Amended 2006)
Section 31.03. Powers, Duties= and Functions. Except as otherwise provided by law, the director of parks and
recreation shall:
A. Plan, design, construct, operate, and maintain all parks and recreational facilities of the county.
B. Develop and implement programs for the cultural, recreational, and other leisure -time activities for
the people of the county.
Charter Review Commission -August 22, 2016 45
C. Beautify the public parks and recreational facilities of the county.
D. Perform such other duties as may be prescribed by the mayor or by ordinance. (Amended 2006)
ARTICLE III
COUNTY AUDITOR
Section 32.01. [Office Established; roomy Auditor-.] Office of the County Auditor.
A. There is established within the legislative branch an office of the county auditor, to be headed by a
county auditor who shall be appointed by the county council and shall serve for a period of six years, and
thereafter, until a successor is appointed. The salary commission shall fix the salary of the county auditor. The
county council, by two-thirds vote of its membership, may remove the county auditor from office at any time for
cause.
B. The county auditor shall possess adequate professional proficiency for the office, demonstrated by
relevant certification, such as certification as a certified internal auditor or certified public accountant, or have an
advanced degree in a relevant field with at least five years experience in the field of government auditing,
evaluation, or analysis. A certified internal auditor or certified public accountant shall be preferred. The county
auditor shall have a bachelor's degree in accounting, business administration, or public administration or related
field. If financial statement audits are conducted, the county auditor shall be a certified public accountant.
C. Except for exercising the right to vote, neither the auditor nor any member of the office of the county
auditor shall support, advocate, or aid in the election or defeat of any candidate for county public office.
D. The county auditor may appoint the necessary staff for which appropriations have been made by the
county council. Subject to the provisions of this charter and applicable rules and regulations adopted thereunder,
the county auditor shall have the same powers with respect to the personnel of the office of the county auditor as
department heads have over their personnel. Staff shall be appointed by the county auditor in a manner
consistent with the merit principles, devoid of any bias or prejudice. (Amended 2008)
Section 32.02. Powers, Duties, and Functions.
A. Pursuant to [retmty Charter Artiele , Seetion county charter article III, section 3.17,
Investigation, the county council is empowered to establish the office of county auditor. It shall be the duty of the
auditor to conduct or cause to be conducted:
1. The independent annual or biennial audit of all county funds and accounts to be conducted by
a certified public accountant or firm of certified public accountants as required by [Seetiea] section 3.12 of
the county charter;
2. Performance audits of the funds, programs, and operations of any agency or operation of the
county as requested by the council by resolution, as authorized by [Seetien] section 3.12;
3. Performance and financial audits of the funds, programs, and operations of any agency or
operation of the county, as determined by the county auditor to be warranted. Before the commencement
of each fiscal year, a plan of the audits proposed to be conducted by the county auditor during the fiscal
year shall be transmitted to the county council for review and comment, but not approval. The plan also
shall be transmitted to the mayor and filed with the county clerk as public record; and
4. Follow-up audits and monitoring of compliance with audit recommendations by audited
entities. The county auditor shall conduct or cause to be conducted all audits in accordance with
government auditing standards.
B. Audit findings and recommendations shall be set forth in written reports of the county auditor, a copy
of which shall be transmitted to the mayor and to the county council and filed with the county clerk as public
record.
Charter Review Commission -August 22, 2016 46
C. For the purposes of carrying out any audit, the county auditor shall have full, free, and unrestricted
access to any county officer or employee and shall be authorized to examine and inspect any record of any agency
or operation of the county, to administer oaths and subpoena witnesses and compel the production of records
pertinent thereto. If any person subpoenaed as a witness or compelled to produce records shall fail or refuse to
respond thereto, the proper court, upon the request of the county auditor, shall have the power to compel
obedience to any process of the county auditor and to punish, as a contempt of the court, any refusal to comply
therewith without good cause. The county auditor may retain special counsel, in the manner authorized by the
county council, to represent the county auditor in implementing these powers. False swearing by any witness
shall constitute perjury and shall be referred by the county auditor to the prosecuting attorney for prosecution. In
any audit which concerns the alleged gross misconduct or alleged criminal conduct on the part of any individual,
such individual shall have the right to be represented by counsel and the right to have the county auditor compel
the attendance of witnesses on behalf of the individual.
D. The county auditor's performance shall be evaluated annually by the county council. The county
auditor's audit activities shall be subject to quality review in accordance with applicable government auditing
standards by a professional, non -partisan, objective group. The written report of the independent review shall be
transmitted to the county council and mayor and filed with the county clerk as public record.
E. For the purpose of this section and section 3.12: ['An ageney or operation f the eounW'ineludes .,
administrative ageney, semi autonomous ageney, eounefl offlee, and other establishment of eounty government
supported, in whole or in part, by eounty or publie funds.
"An agency or operation of the county' includes any administrative agency, semi -autonomous agency,
council office, and other establishment of county government supported, in whole or in part, by county or public
funds.
"Council office" includes the county council itself, the office of a councilmember and the councilmember's
immediate staff, the office of the county clerk. This definition applies only to those sections. It shall not be
construed as excluding the office of the county auditor and the legislative branch.
"Record" includes any account, book, paper, and document, and any financial affair, notwithstanding
whether any of the preceding is stored on paper or electronically. (Amended 2008)
Section 32.03. Audit Committee.
A. The county council may establish an audit committee, the members of which shall individually advise
the county auditor on the following: formulation of the plan of audits proposed to be conducted by the county
auditor pursuant to [,Seetien] section 32.02 C; conduct of audits, follow up of audits; selection of private
contractors to perform audits for the county auditor; evaluation of preliminary audit findings and
recommendations and county agency, officer, or employee responses to the preliminary findings and
recommendations; and evaluation of the county auditor's performance during each fiscal year. If established, the
audit committee shall consist of five members.
1. One member shall be the chair of the county council committee with jurisdiction over the
administrative budget ordinances; and
2. The other members shall be appointed by the county council. The county council shall appoint
members who are qualified by experience, expertise, and independence to perform the duties of the audit
committee. A member appointed by the county council shall not hold any other office or position with the
county while on the audit committee. The method of appointment, terms, and specific qualifications of
the appointed members shall be established by the county council by ordinance or rule. The county
council also may establish by ordinance or rule provisions for the removal of an appointed member for
cause. The audit committee shall be within the office of the county auditor.
B. Members of the audit committee shall advise the county auditor. All audit committee meetings shall
be open to the public except as provided for in [Chapter] chapter 92, Hawai`i Revised Statutes.
Charter Review Commission —August 22, 2016 47
C. The chair of the audit committee shall be appointed by the county council in the manner provided by
ordinance or rule. A meeting of the audit committee may be called by the committee chair or county auditor.
D. Members appointed by the county council shall not be entitled to compensation for serving on the
committee. The member from the county council shall not be entitled to compensation for serving on the
committee that is additional to the compensation received as a councilmember. All members, however, shall be
entitled to be reimbursed for travel and other necessary expenses incurred by them in the performance of their
official duties.
E. Section 23.02. Boards and Commissions shall not apply to the members of the audit committee.
(Amended 2008)
Section 32.04. Transition Provision [eeneerning] Concernine the Transfer of Audit Functions to the
Office of the County Auditor.
A. All lawful obligations and liabilities owed by or to the office of the county clerk relating to financial and
performance audits on June 30, 2009, shall remain in effect on July 1, 2009. The obligations and liabilities shall
be assumed by the office of the county auditor. All contracts held by the office of the county clerk relating to
financial and performance audits, which are to remain effective after June 30, 2009, shall be assumed by the
office of the county auditor. The contracts shall continue in effect until fulfilled or lawfully terminated. All
financial and performance audit activities administered by the office of the county clerk on June 30, 2009, shall be
assumed by the office of the county auditor on July 1, 2009.
B. On July 1, 2009, all records, data, and information held by the office of the county clerk relating to
financial and performance audits which have not been completed as of June 30, 2009, shall be transferred to office
of the county auditor.
C. The legislative auditor (program analyst V) and program support tech positions in the office of the
county clerk on June 30, 2009, shall continue with the office of the county auditor on July 1, 2009. These
employees, if positions were already filled, shall continue service without any loss of vacation allowance, sick
leave, service credits, retirement benefits, or other rights and privileges because of the charter amendments.
Nothing in this subsection, however, shall be construed as preventing future changes in the employees' status
pursuant to the county auditor's powers with respect to personnel in the office of the county auditor. (Amended
2008)
2. Proposing a Charter Amendment to Article XII expanding the duties of the Fire
Chief and defining Authority to Execute Powers and Duties
Ballot Question:
Shall the duties of the fire chief be clarified to include duties currently performed such as addressing
hazardous materials, emergency medical services, and ocean safety, and shall the reference to the mayor's
authority to assign duties be removed?
Background: The section of the County Charter relating to the Fire Department was created before the Fire
Commission was formed. Therefore, the current language of the Charter does not specifically identify lines of
authority in assigning duties. Additionally, the Department has broadened its scope beyond fire control, to
include such functions as ocean safety, hazardous materials, and emergency services, which are currently not
reflected in the charter.
Purpose: This amendment would appropriately describe the current functions of the fire chief and the Fire
Department, as they relate to duties and authority.
Charter Amendment.
Article XII of the Kauai County Charter is amended to read as follows:
Charter Review Commission —August 22, 2016 48
Note: Charter material to be repealed is bracketed. New charter material is underscored.
ARTICLE XII
FIRE DEPARTMENT
Section 12.01. Organization. There shall be a fire department consisting of a chief, a fire commission, and the
necessary staff. (Amended 2006)
Section 12.02. Fire Chief. The fire chief shall be appointed and may be removed by the fire commission. [He}
The fire chief shall have had a minimum of five years of training and experience in fire prevention and [eantrQ
operations in private industry or government service, at least three years of which shall have been in a
responsible administrative capacity. (Amended 1980, 2006)
Section 12.03. Powers, Duties, and Functions. The fire chief shall be the administrative head of the fire
department and shall:
A. Appoint, train, equip, supervise and discipline the personnel of the fire department in accordance
with department rules and civil service regulations.
B. Provide [an] for a safer community through effective [mod] leadership and pro ams [far
mod] in fire prevention, [fiNe „tre! fire operations, hazardous materials, emergency medical
services, ocean safety, rescue operations and all hazards.
C. Control, manage and account for all property in the custody of the fire department.
D. Execute such other powers and duties as may be prescribed by law [or assigned by the mayor-].
Section 12.04. Fire Commission. There shall be a fire commission consisting of seven members. Commission
members shall be appointed by the mayor and approved by the council and be otherwise governed by the
provisions of section 23.02 of the charter. (Amended 2006)
Section 12.05. Powers, Duties, and Functions of the Fire Commission. The fire commission shall:
A. Adopt rules necessary for the conduct of its business and review rules for the administration of the
department.
B. Review the annual budget prepared by the fire chief and make recommendations thereon to the
mayor and the council.
C. Review the department's operations, as deemed necessary, for the purpose of recommending
improvements to the fire chief.
D. Evaluate at least annually the performance of the fire chief and submit a report to the mayor and the
council.
E. Hear complaints of citizens concerning the department or its personnel and, if the commission deems
necessary, make recommendations to the fire chief on appropriate corrective actions.
F. Submit an annual report to the mayor and the council regarding its activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the commission nor its members
shall interfere in any way with the administrative affairs of the department. (Amended 2006)
3. Proposing a Charter Amendment to Article XIV Establishing a Zoning Board of
Appeals to assist the Planning Commission in providing a due process for
Charter Review Commission —August 22, 2016 49
Appellants
Ballot Question:
Shall a zoning board of appeals be established to hear appeals from decisions of the planning director and to
conduct evidentiary hearings at the request of the planning commission?
Background: The rising number of contested case hearings has increased the need for the Planning
Commission to hire hearings officers. The proposed Zoning Board of Appeals would be a seven -member board
that would hear appeals regarding zoning and subdivision ordinances and would conduct evidentiary
hearings. The creation of a Zoning Board of Appeals would eliminate the need to continuously hire hearings
officers. The members of the proposed board would not be compensated and would be appointed by the mayor
with the approval of the council.
Purpose: This amendment establishes a Zoning Board of Appeals that would hear appeals of the planning
director's decisions regarding violations of the zoning and subdivision ordinance, thereby eliminating the need
to hire hearings officers to perform this duty.
Charter Amendment.
Article XIV of the Kauai County Charter is amended to read as follows:
Note: Charter material to be repealed is bracketed. New charter material is underscored.
ARTICLE XIV
PLANNING DEPARTMENT
Section 14.01. Organization. There shall be a planning department consisting of a planning commission, a
zoning board of appeals, a planning director, and the necessary staff.
Section 14.03. Duties and Functions of the Planning Commission. The planning commission shall:
A. Advise the mayor, council and planning director in matters concerning the planning program for
the county.
B. Review the general plan and development plans and modifications thereof developed and
recommended by the planning director. The commission shall transmit such plans with its recommendations
thereon, through the mayor, to the council for its consideration and action.
C. Review zoning and subdivision ordinances and amendments thereto developed and recommended
by the planning director. The commission shall transmit such ordinances with its recommendations thereon,
through the mayor, to the council for its consideration and action. The commission shall recommend approval
or rejection of such ordinances in whole or in part and with or without modifications.
D. Hear and determine [pet}tiexe] applications for [varying the pp':,,atie„] variance from [441-,e]
zoning and subdivision ordinances with respect to a specific parcel of land and may grant such a variance
pursuant to [vtee] provisions established by the council [in the by ordinance.
E. Adopt regulations having the force and effect of law pertaining to the responsibilities of the
department.
F. Prepare a capital improvement program with the advice of the mayor, complementing and
reflecting the [S]state and [F]federal [P]programs for the [C]county.
G. Have the discretion to refer hearings to the zoning board of appeals. Once the planning
commission refers a matter to the zoning board of appeals, the zoning board of appeals shall make all
Findings of Fact. Conclusions of Law and Decisions and Orders without further review or approval by the
Charter Review Commission —August 22, 2016 50
planning commission.
[&] H. Perform such other related duties as may be necessary to fulfill its responsibilities under this charter.
Section 14.12. ZoninLy Board of Abbeals. The board shall consist of seven members appointed by the
mayor with the approval of the council. Board membership shall be representative of the community, and at
least one member should have knowledge and awareness of environmental concerns by way of the person's
education, training, occupation, or experience; at least one member should have knowledge and awareness of
business concerns by way of the person's education, training, occupation, or experience; and at least one
member should have knowledge and awareness of labor concerns by wav of the nerson's education. traininLy.
occupation, or experience.
Section 14.13. Duties and Functions of the Zoning Board of Appeals. In accordance with such
principles, conditions and procedures prescribed by ordinance or administrative rule, the zoning board of
appeals shall:
1. Conduct hearings in accordance with Chapter 91, Hawaii Revised Statutes regarding the violation of
the zoning and subdivision ordinance and the regulations adopted thereunder;
2. Hear and determine appeals alleging error from any person aggrieved by a decision or order of the
director regarding the application, interpretation or enforcement of zoning and subdivision ordinances
as prescribed by ordinance;
3. Conduct hearings for land -use -related appeals which the board may be required to pass on pursuant
to the charter or ordinance; and
4. Adopt rules of procedure for the conduct of the board's business.
The zoning board of appeals shall be part of the department for administrative purposes and the county shall
provide necessary training, administrative, and legal assistance to the board.
Section [44.4-2] 14.14. Appeals. Appeals from any decision of the planning commission or the zoning board of
appeals shall be instituted in the circuit court within thirty 1(30)] days after service of a certified copy of the
decision of the commission or the board. All commission and board proceedings and appeals shall be in conformity
with the Hawaii Administrative Procedure Act.
4. Proposing a Charter Amendment to Article XVIII Relating to the Civil Defense Agency
Ballot Question:
Shall the county Civil Defense Agency be renamed the Emergency Management Agency and its organization
clarified consistent with state law?
Explanation: Hawaii State law recently renamed the "Civil Defense Agency" to the "Emergency
Management Agency." Therefore, the current language of the Charter referring to the Civil Defense Agency is
inconsistent with state law. Additionally, the Charter does not currently assign a department administrator
or director.
Purpose: This amendment seeks to establish an administrator of the County Emergency Management
Agency, and ensures that the Charter language is consistent with State law by renaming the Civil Defense
Agency to the Emergency Management Agency.
Charter Amendment.
Article XVIII of the Kauai County Charter is amended to read as follows:
Note: Charter material to be repealed is bracketed. New charter material is underscored.
Charter Review Commission —August 22, 2016 51
ARTICLE XVIII
[CIVIL DEFENSE AGE EMERGENCY MANAGEMENT AGENCY
Section 18.01. [Civg Defe Emergency Management Agency. There shall be [^ e n' defense
agene3z] an emergency management agency whose powers, duties, functions and organization shall be as provided
by law.
Section 18.02. Mayor to Declare State of Emergency. The power to declare a state of disaster or emergency
is conferred on the mayor. The mayor may declare an emergency when the peace, life, property, health or safety
of the community are endangered[, but his failure or refusal to make sueh deelaration shall not preelude the
eounty eouneil from finding that an emergeney eidsts providing that the eounty eouneil adopt an emergeney
rdinane^ ; aeeordanee with the eharte ]. (Amended 1984)
Section 18.03. Wivil Defense Conti eney Fund.] Emergency Management Contingency Fund. The council
shall provide in the annual budget [^ eivil defense eonti geney fund] an emergency management contingency
fund of not less than $50,000.00 to be expended by the mayor for public purposes during any state of emergency
or disaster. A report containing a complete accounting of all such expenditures shall be made as soon as
practicable to the council. (Amended 1984)
Section 18.04. Organization. The county, under the mayor's direction, shall provide a county -level
administrator or director of the county emergency management agency, and technical, administrative, and
other personnel; office space; furniture; equipment; supplies; and funds necessary to carry out the purposes of
this chapter. The administrator or director of the county emergency management agency shall be subject to
chapter 76 of the Hawaii Revised Statutes.
5. Proposing a Charter Amendment to Articles NMI and XXIV relating to the
percentage of required voters for an initiative petition, a referendum petition, or a
charter amendment petition and to specify what is a charter amendment as well as
to enable the county clerk to determine whether the proposal is a valid charter
amendment.
Ballot Question:
Shall the percentage of registered voter signatures required to start the initiative or referendum process be
reduced to 10 percent from 20 percent, and shall the percentage of registered voter signatures required to start
the charter amendment process via voter petition be increased to 10 percent from 5 percent?
Explanation: Currently, the Charter requires that voters seeking to propose an ordinance or referendum by
petition be signed by no less than 20 percent of registered voters in the previous general election. A charter
amendment by petition must be signed by no less than five percent of the number of registered voters in the
prior general election. This creates an inconsistency in the percentage of voters required to change, enact or
reject county laws, and to amend the County Charter.
Purpose: This amendment seeks to decrease the number of registered voters required to propose an initiative
or referendum, from 20 percent to 10 percent of registered voters in the prior election. It also seeks to increase
the percentage of voters required to propose a charter amendment by petition from 5 percent to 10 percent.
This makes the required percentage consistent at 10 percent for those wishing to propose an ordinance,
referendum or charter amendment.
Ballot Question:
Shall it be specified what constitutes a charter amendment, and shall the processing of a proposed charter
amendment via voter petition be revised to enable the county clerk to determine whether the proposal is a
valid charter amendment?
Charter Review Commission —August 22, 2016 52
Explanation: The Charter currently requires that a charter amendment petition be presented to the County
Council. It does not define a charter amendment or its limitations, nor does it specifically authorize a party to
determine whether the proposal would be a valid charter amendment.
Purpose: The purpose of this amendment is to authorize the County Clerk, subject to court approval, to
determine whether a proposed charter amendment is valid. It also seeks to limit a charter amendment to
addressing the form or structure of county government, and not as a vehicle to adopt local legislation.
Charter Amendment.
Articles XXII and XXIV of the Kauai County Charter is amended to read as follows:
Note: Charter material to be repealed is bracketed. New charter material is underscored.
ARTICLE NMI
INITIATIVE AND REFERENDUM
Section 22.03. Submission Requirement.
A. Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to
the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the
clerk of the council at least ninety-six (96) hours prior to any regular council committee meeting.
B. Voters seeking referendum on an ordinance shall submit a referendum petition addressed to the
council, identifying the particular ordinance and requesting that it be either repealed or referred to the voters of
the county.
C. Each initiative or each referendum petition must be signed by registered voters comprising not less
than [twenty reree + (20%)] ten percent (10%) of the number of voters registered in the last general election.
(Amended 2012)
D. If an initiative or referendum measure is to be placed on the ballot in a general election, the initiative
and referendum petitions must be submitted not less than one hundred twenty (120) calendar days prior to the
day scheduled for the general election in the county. (Amended 1976, 2012)
ARTICLE XXIV
CHARTER AMENDMENT
Section 24.01. rinit atio ^F Amendments.] Initiation and substance of amendments. Any amendment
to this charter is limited in substance to amending the form or structure of countygovernment. It is not a
vehicle through which to adopt local legislation. Amendments to this charter may be initiated only in the
following manner:
A. By resolution of the county 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 eo n^4 ] filed with the county clerk, signed by registered voters
comprising not less than [t] ten 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 [ode] suggested by the county
attorney. (Amended 2012)
Upon filing of such petition [with the ee r^'], the county clerk shall examine it to see whether it is a valid
charter amendment. If the county clerk concludes the measure is a valid charter amendment, the clerk shall
then examine it to see whether it contains a sufficient number of valid signatures of registered voters.
Charter Review Commission —August 22, 2016 53
(Amended 2012)
If the county clerk concludes the measure is not a valid charter amendment, the county clerk is required to
seek a declaratory ruling. If the ruling finds the amendment valid, the clerk shall then examine it to see
whether it contains a sufficient number of valid signatures of registered voters. If the ruling finds the
amendment to be invalid, the clerk shall so certify and provide the reasoning for that ruling.
6. Proposing a Charter Amendment Relating to Article XXIV Establishing A
Permanent Charter Review Commission.
Ballot Question:
Shall the Charter Review Commission be an ongoing commission?
Explanation: The Charter establishes a seven -member commission, called the Charter Review Commission,
to study and review the operation of the county government. The current language of the charter states that
the Commission will expire on December 31, 2016. A new commission can reconvene in 10 years, with
members to be appointed by the mayor and approved by the council.
Purpose: This amendment seeks to remove the expiration date of the Charter Review Commission and
eliminates the 10-year intervals between the creation of the commissions, thereby establishing a permanent
Charter Review Commission.
Charter Amendment.
Article XXIV of the Kauai County Charter is amended to read as follows:
Note: Charter material to be repealed is bracketed. New charter material is underscored.
ARTICLE XXIV
CHARTER 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 eommeneing in 2007. Thereafter, the mayor with the approval of the eouneil shall appoint a eharte-r
eommission t t 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. (Amended 2006,
2014)
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. 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. (Amended 2014)
Charter Review Commission —August 22, 2016 54