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HomeMy WebLinkAboutCharter Review Commission Agenda Packet-February 26, 2018Carol Suzawa Members: Chair Marissa Sandblom Galen Nakamura Virginia Kapali Ricky Watanabe Jan TenBruggencate Vice Chair COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, February 26, 2018 3:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2 AB 4444 Rice Street, Lihu'e, HI 96766 COMMUNICATIONS APPROVAL OF MINUTES Open Session Minutes of January 22, 2017 Executive Session Minutes of January 22, 2017 BUSINESS CRC 2017-03 Proposed Charter Amendment to Remove Article IX relating to the Public Defender (second consideration and final approval) CRC 2017-04 Proposed Charter Amendment to Remove Article XXX relating to the Electric Power Authority (second consideration and final approval) CRC 2017-05 Proposed Charter Amendment to Remove the Zoning Board of Appeals (Article XIV, Subsection 14.12 - 14.14 (deferred 10123117, 11127/17, 12118117, 1122118) CRC 2017-08 Proposed Charter Amendment to Amend Article XIX, Financial Procedures, Section 19.15(C) by adding language to include corresponding maintenance of those lands or property entitlements (deferred 11127/17, 12118117, 1122118) 1. Kaua`i County Charter Section 19.15. Fund Administration CRC 2017-13 Proposed Charter Amendment allowing the Salary Commission complete authority to establish the salaries of all elected and appointed officials (deferred 1122118) 1. Kaua`i County Charter, Salary Commission - Article XXX 2. Maui County Charter, Salary Commission - Section 8-17.1 An Equal Opportunity Employer 3. Hawai`i County Charter, Salary Commission - Section 13.28 EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. RETURN TO OPEN SESSION Ratify Commission actions taken in Executive Session for items ANNOUNCEMENTS Next Meeting: Next Scheduled meeting is March 19, 2018, 3:00 p.m., in the Mo'ikeha Building, Meeting Room 2A/213 ADJOURNMENT Cc: Deputy County Attorney Adam Roversi PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Review Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five (5) minutes. A speaker's time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Lani Agoot Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu` e, HI 96766 Charter Review Commission — February 26, 2018 2 1 P a g e E-mail: lagootgkaud gov Phone: (808) 241-4917 Fax: (808) 241-5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241-4917 at least five (5) working days prior to the meeting. Charter Review Commission — February 26, 2018 3 1 P a g e COUNTY OF KAUA`I t i too, Minutes of Meeting OPEN SESSION Board/Commission: I CHARTER REVIEW COMMISSION Meeting Date I January 22, 2018 Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 p.m. End of Meeting: 4:45 p.m. Present Chair Carol Suzawa; Vice Chair Jan TenBruggencate; Members: Virginia Kapali, Galen Nakamura (entered at 4: 08 p.m), Ricky Watanabe, and Marissa Sandblom Also: Deputy County Attorney Adam Roversi; Boards & Commissions Office Staff. Administrative Specialist Lani Agoot, Administrator Paula M. Morikami Excused Absent 010-1 SUBJECT DISCUSSION ACTION Prior to the start of the meeting, Administrative Assistant to the County Clerk Eddie Topenio gave the Oath of Office to reappointed Commissioner Marissa Sandblom. Call To Order Ms. Suzawa called the meeting to order at 4:00 p.m. with 5 Commissioners present. Vice Chair TenBruggencate moved to amend the agenda to accept a motion regarding the scheduling of meetings. Mr. Watanabe seconded the motion. Motion carried 5:0. Communications There were no Communications. Approval of Meeting Minutes of December 18, 2017 Minutes Vice Chair TenBruggencate noted two (2) typographical errors; one, on page 4 — change the word "inaction" to "enaction"; and two, on page 5 — change the name "Ka`ania" to "Ka`aina." Vice Chair TenBruggencate moved to approve the minutes as amended. Mr. Watanabe seconded the motion. Motion carried 5:0. Charter Review Commission Open Session January 22, 2018 Page 2 SUBJECT DISCUSSION ACTION Mr. Watanabe moved to change the Commission's meeting start time from 4:00 p.m. to 3:00 p.m. Vice Chair TenBruggencate seconded the motion. Motion carried 5:0. Business CRC 2017-05 Proposed Charter Amendment to Remove the Zoning Board of Appeals (Article XIV, Subsection 14.12—14.14) Yeferred 10123117, 11127117, 12118117) Deputy County Attorney Adam Roversi provided that the item was deferred at the December meeting so that Planning Director Michael Dahilig could be present to speak on the agenda item. Vice Chair TenBruggencate moved to defer CRC 2017-05 to the next meeting due to Mr. Dahilig's absence. Mr. Watanabe seconded the motion. Motion carried 5:0. CRC 2017-08 Proposed Charter Amendment to Amend Article XIX, Financial Procedures, Section 19.15(C) by adding language to include corresponding maintenance of those lands or property entitlements (deferred 11127117, 12118117) Vice Chair TenBruggencate stated that he was informed by the Office of Boards and Commissions that Deputy Planning Director Ka`aina Hull did not have a chance to confer with the Open Space Commission on the proposed amendment. Vice Chair TenBruggencate moved to defer CRC 2017-08 to the next meeting. Mr. Watanabe seconded the motion. Motion carried 5:0. CRC 2017-13 Proposed Charter Amendment allowing; the Salary Commission complete authority to establish the salaries of all elected and a ointed officials Charter Review Commission Open Session January 22, 2018 Page 3 SUBJECT DISCUSSION ACTION Vice Chair TenBruggencate stated that the item was referred to Commissioner Galen Nakamura to consult with the County Attorney. Because Mr. Nakamura had not yet arrived, he suggested taking the item later in the agenda once Mr. Nakamura was present. CRC 2017-10 Proposed Charter Amendment to Article III, County Council, Section 3.03 relating to terms (deferred 11127/17, 12118117) Four (4) Councilmembers serve two (2) four—year terms full time (staggered), and three (3) Councilmembers serve two (2) two—ve terms part time Ms. Kapali moved to receive CRC 2017-10. Mr. Watanabe seconded the motion. Vice Chair TenBruggencate stated that he supported the motion, and that the proposal was sufficiently complex, confusing, and would create two (2) classes of County Councilmembers. Mr. Roversi stated that according to Robert's Rules of Order, there was no such thing as "receiving for the record" in order to kill an item. He advised the Commission to make a straightforward motion, such as "move to not recommend the proposal for the 2018 ballot." Ms. Kapali withdrew her motion. Mr. Watanabe withdrew his second. Ms. Kapali moved to not recommend CRC 2017- 10 for the 2018 ballot. Mr. Watanabe seconded the motion. Motion carried 5:0. Mr. Nakamura entered the meeting at 4:08 p.m. The Commission returned to agenda item CRC 2017-13. Charter Review Commission Open Session January 22, 2018 Page 4 SUBJECT DISCUSSION ACTION Mr. Nakamura stated that the proposal was to amend the Charter to vest the authority to set the salaries of elected and appointed officials solely with the Salary Commission. He said pay inversion and subordinates earning more than department heads and deputy department heads exists, and that there wasn't sufficient incentive for subordinates to step up and become a department head or deputy department head. Mr. Nakamura stated that the goal was to attract and maintain highly qualified individuals in the elected and appointed positions. He said when a proposed salary resolution was entertained by the County Council, it ran into a political dynamic, and added that the proposed amendment to set salaries by a non —elected, citizen — appointed body allowed for discussion and deliberation. Mr. Nakamura suggested inviting the Salary Commission to the next meeting to answer questions and provide testimony on the proposed Charter amendment. Mr. Watanabe provided that in the past, the resolution process went to the Salary Commission as a way to try and remove some of the politics involved. He agreed with the new proposal, adding that he thought section 29.5 of the existing Charter needed to be included because it stated that Councilmembers could not change their salaries while still in office. He said if the language was included in the new proposal, it would even things out politically. Ms. Sandblom stated that her concern was with regard to having a salary range versus set salaries, and that the Salary Commission could set salaries that the County was unable to fund. She said a salary range would provide the County flexibility. Administrator Paula M. Morikami provided that the Salary Commission sets the maximum salary cap, and that Kauai County was the only county that didn't have fixed salaries. Ms. Sandblom asked if the proposed amendment Charter Review Commission Open Session January 22, 2018 Page 5 SUBJECT DISCUSSION ACTION would set the salaries or a maximum cap to which Ms. Morikami said that was for the Commission to discuss. Vice Chair TenBruggencate asked Ms. Morikami if she knew what Honolulu's process was to which she replied they the County Council sets the salaries for elected and appointed officials and sends their salary resolutions to the County Council. Vice Chair TenBruggencate asked if the Salary Commission was currently empaneled to which Ms. Morikami said the Salary Commission currently had four (4) members out of seven (7). Vice Chair TenBruggencate requested the Salary Commission members be present at the next Charter Review Commission meeting. Ms. Morikami said she would invite the Salary Commission on behalf of the Charter Review Commission. Vice Chair TenBruggencate suggested Mr. Nakamura and Mr. Roversi continue their work on the proposed amendment and provide the Commission a draft proposal at the next meeting to which the Commissioners agreed. Chair Suzawa stated that section 13(b) of the Hawaii County Charter provided for the Director of Human Resources to serve as an ex—officio officer on the Salary Commission. Ms. Morikami provided that the Salary Commission relied heavily on the Department of Human Resources, and that each year the Salary Commission requested an update of the salaries of all the counties and when the increases took place. Chair Suzawa added that having the provision in writing would force the hand rather than having to request the information. Ms. Kapali agreed, saying that she served on the Salary Commission in the past and the Director of Personnel was at every meeting to advise the Commission. Charter Review Commission Open Session January 22, 2018 Page 6 SUBJECT DISCUSSION ACTION Ms. Kapali stated that, to her, it was not clear in the Charter that the Salary Commission determined the salaries for deputy department heads. She then questioned why the Salary Commission's list of elected and appointed officials didn't include the department heads of Transportation and the Agency on Elderly Affairs because they were also appointed officials. Ms. Morikami said that it was her understanding that those agencies were created by ordinance; however, she was not sure why those positions were not included in the list. Vice Chair TenBruggencate said he would defer to the attorney but because they were appointed officers, they should be included, even if they were established by ordinance. Vice Chair TenBruggencate moved to defer CRC 2017-13 to the next meeting, that Mr. Nakamura consult with the County Attorney's Office on language for the proposed Charter amendment, and that the Office of Boards and Commissions invite the Salary Commission to attend the next meeting. Mr. Watanabe seconded the motion. Motion carried 6:0. Executive Session Ms. Kapali moved to go into Executive Session at 4:30 p.m. Ms. Sandblom seconded the motion. Motion carried 6:0. Return to Open Ratify Commission actions taken in Executive Session for items ES-00 1, ES The Commission resumed in Open Session at 4:44 002, ES-003, and ES-004 Session p.m. Vice Chair TenBruggencate moved to ratify the actions taken in Executive Session. Ms. Kapali seconded the motion. Motion carried 6:0. Announcements Next Meeting: Mondgy, Februga 26, 2018, 3:00-p.m.,in the Moikeha Charter Review Commission Open Session January 22, 2018 Page 7 SUBJECT DISCUSSION ACTION Building, Meeting Room 2 A/B Adjournment Chair Suzawa adjourned the meeting at 4:45 .m. Submitted by: Lani Agoot, Administrative Specialist () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Carol Suzawa, Chair CRC 2017-03 — Proposed Charter Amendment to Remove Article IX Relating to the Public Defender Title: Proposing a Charter Amendment to Repeal Article IX relating to the establishment of a County Public Defender. Ballot Question: Shall the Charter be amended by repealing Article IX, which sets out a right to assistance of counsel, and authorizes the county council to provide legal counsel for any person who is financially unable to afford one? Purpose: The Public Defender section of the Kauai County Charter was rendered obsolete when the state Constitution in 1968 mandated that the State provide counsel to indigent defendants and when the State Legislature in 1971 established the State Office of the Public Defender. This amendment would therefore remove an outdated and unnecessary article from the Charter. Background: The right to assistance of counsel in state court proceedings is guaranteed by the Sixth and Fourteenth Amendments to the U.S. Constitution. Article IX of the County Charter, relating to the establishment of a County Public Defender, was adopted in 1968 as part of the original County Charter and has never been subject to amendment. Following the ratification of the County Charter, Article 1, section 14 of the Hawaii Constitution was amended to provide that the state "shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment." Thereafter, in 1971 the Hawaii state legislature enacted Act 185, now codified as Hawaii Revised Statutes (HRS) § 802. Act 185 established a state statutory right to legal representation as well as a state Office of the Public Defender and a statewide administrative system for the appointment of legal counsel as required under the law. Because the state has established a state Office of the Public Defender and a statewide administrative framework to provide legal counsel, the county council has never found it necessary or proper to establish a County Public Defender by ordinance. CRC 2017-04 — Proposed Charter Amendment to Remove Article XXX Relating to the Electric Power Authority Title: Proposing a Charter Amendment to Repeal Article XXX relating to the establishment of a County Electric Power Authority. BallotQuestion: Shall the Charter be amended by repealing Article XXX, which empowers the Council to create an electric power authority by ordinance? Purpose: The purpose of this amendment is to remove the article empowering the council to establish an electric power authority by ordinance, since the Kauai Island Utility Cooperative has competently managed and operated Kauai's electrical power system, and delivered electrical power to Kauai in an economically viable manner, for more than a decade and a half. Background: Article XXX was approved by the voters in the 2002 general election. The County Council proposed Article XXX as charter amendment in response to the proposed sale of Kauai Electric Company to the Kauai Island Utility Cooperative (KIUC). Article XXX empowered the County to intercede in the event that the sale of Kauai Electric to KIUC collapsed, or if KIUC had problems in providing electrical services. In September of 2002, the Hawaii Public Utilities Commission (PUC) approved the sale of Kauai Electric to KIUC. Since 2002, KIUC, Hawai`i's only member owned electrical cooperative, has managed and operated the electrical power system on Kauai. OFFICE OF THE COUNTY CLERK 2002 AMENDMENT The Charter of the County of Kauai "Section 19.15. Fund Administration. A. Deposit of Funds. Money received by officers and employees shall be deposited promptly to the county's account in depositories authorized by law. B. Creation of 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. 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 —and the corresponding maintenance of those lands or property entitlements —for land conservation purposes in the 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 Sections 3.13, 3.14, or 3.15, Charter, in whole or in part — 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 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. The Council shall by ordinance establish procedures for the administration and priorities for the expenditure of moneys in this fund." "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 Section 19.07B, upon the recommendations of the mayor." "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." These Amendments to Sections 19.15, 19.08, and 19.12 of The Charter of the County of Kauai were duly adopted by the voters at the November 2002 General Election. Lihue, Hawaii Peter A. Nakamura November 26, 2002 County Clerk, County of Kauai CRC 2017-13 PROPOSED CHARTER AMENDMENT ALLOWING THE SALARY COMMISSION COMPLETE AUTHORITY TO ESTABLISH THE SALARIES OF ALL ELECTED AND APPOINTED OFFICIALS. As requested by the Charter Review Commission at its January 22, 2018, meeting, the following proposed language amending Article XXIX was developed by Commissioner Galen Nakamura, in consultation with the County Attorney's Office, for consideration at the Commission's next meeting, *Note: Language to be deleted is bracketed and stricken through. New language is underlined. ARTICLE XXIX SALARY COMMISSION Section 29.01. Organization. [ to establish the maximum salafies of all eleeted and appointed offieer-s as defined in seetion 23.01 D of *'-;s el—+e ]The maximum salaries of all elected and appointed officers as defined in section 23.01 D of this charter shall be established by a salary commission consisting of seven members. A. The director of human resources and the finance director shall serve as ex-officio non -voting members of the commission, in an advisory capacity. Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary -setting decisions. Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission and forwarded to the mayor and the council on or before March 15 of [may] each calendar year. [ ' .] The resolution shall take effect on July 1 of the same calendar year. 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 [, rr-evi ed *h . 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. Section 29.04. Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. 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. GRe, aolrf - 13 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. County of Kaua'i ARTICLE XXXX SALARY COMMISSION Section 29.01. Organization. There shall be a Salary Commission composed of seven members to establish the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of this 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. Provided however, 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 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) CRZ a0l q - v; C 1) CHAPTER 16 Igo VMW'WMERGENCY MANAGEMENT AGENCY Section 8-16.1. Organization and Functions. There shall be a Maui County emergency management agency whose powers, duties, functions and organization shall be as provided by law. The fire and public safety commission, as established in Section 8-7.2 herein, shall review the operations of the agency and make recommendations for changes which may be desirable to improve the performance of emergency functions and the provision of public safety services. The commission shall receive and investigate any complaints brought forth by the public against the conduct of the agency or any of its members and submit a written report of its findings and recommendations to the Maui County emergency management administrator for the administrator's disposition. (Section Renumbered 2012, 2006; Amended 2016, 2002,1986) CHAPTER 17 Section 8.17.1. Organization and Functions. There shall be a salary commission, which shall consist of nine members appointed by the mayor with the approval of the council. The members of this commission shall have five-year terms, and can be reappointed once to a second five-year term. Two members shall be appointed or reappointed each year, except that only one member shall be appointed or reappointed every fifth year. The commission shall determine the compensation of elected officials and appointed directors and deputy directors of all departments of the county provided, however, in establishing the compensation of appointed department heads and their deputies, the salary commission shall consult with those boards and commissions which have appointing authority for department heads. (Section Renumbered 2012, 2006; Amended 2002,1992,1984) ARTICLE 9 FINANCIAL PROCEDURES Section 9.1. Fiscal Year. The fiscal year shall begin on the first day of July and end on the thirtieth day of June of the succeeding year. All fiscal affairs of the county during any fiscal year shall be controlled by a budget ordinance and a capital program ordinance for that fiscal year. 37 0RC ac0l-13 Ca ) (c) First special election. The first special election shall be held with the regularly scheduled primary election. Any candidate for mayor, prosecuting attorney or council receiving a majority of all votes validly cast for candidates for that office, excluding blank and spoiled ballots, shall be deemed elected. If there is only one candidate for the office, that candidate shall be deemed elected regardless of the number of votes received. (d) Second special election. The second special election shall be held with the regularly scheduled general election. Unless a candidate has been elected in the first special election, the two candidates receiving the highest number of votes for the office in question in the first special election shall be placed on the ballot for the second special election. At the second special election the candidate receiving the highest number of votes for each respective office shall be deemed elected. (1979, Prop. 10; 2000, Prop. 1, sec. 1.) Section 13-28. Compensationrecte"o Mia (a) The salary of all county an appointed directors and deputy directors of departments and executive agencies shall be established by a salary commission which shall consist of nine members appointed by the mayor with the approval of the council, in the manner prescribed in Section 13-4(b). The members may be removed in the manner prescribed in Section 13-4(b). (b) One member shall be a resident of each council district. In addition, the director of human resources and deputy director of human resources shall serve as ex-officio members of the commission in an advisory capacity. (c) The commission shall establish its rules of procedure, which shall provide that it meet at least annually, and adopt rules and regulations having the force and effect of law. (d) The commission shall review and compensate all county elected officials and appointed directors and deputy directors so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. The salary commission shall consult with those boards and commissions which have appointing authority for department heads. (1974, Ord. No. 56, sec. 2; 1979, Prop 13; 1990, Prop. 5, sec. 1; 2000, Prop. 10, sec. 1; 2006, Ord. No. 06-60, sec. 4.) Section 13-29. Conservation of Natural and Cultural Resources. For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people. (2010, Prop. 6, sec. 1.) 59 cRc13C3)