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Home My WebLink About2019_0722_CRC Agenda PacketAn Equal Opportunity Employer Jan TenBruggencate Members: Vice Chair Marissa Sandblom Virginia Kapali Carol Suzawa Patrick Stack Lori Koga Reid Kawane COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, July 22, 2019 3:00 p.m. or shortly thereafter Mo’ikeha Building, Meeting Room 2 A/B 4444 Rice Street, Līhu'e, HI 96766 OATH OF OFFICE FOR NEW CHARTER REVIEW COMMISSIONER REID KAWANE 1st TERM ENDING ON DECEMBER 31, 2021 CALL TO ORDER ELECTION OF NEW CHAIRS COMMUNICATIONS CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics Disclosure Statements Requirements CRC 2019-07 Confidential communication received from Deputy County Attorney Adam Roversi on July 3, 2019 regarding amendment to Charter Section 23.06 APPROVAL OF MINUTES Open Session Minutes of June 24, 2019 BUSINESS CRC 2019-02 General Discussion on Charter Initiatives of Interest CRC 2019-03 Discussion on County Auditor Position Council Chair or designee to discuss County Auditor position CRC 2019-04 Discussion on Charter Section 23.06 CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief ANNOUNCEMENTS Next Meeting: Monday, August 26, 2019, 3:00 p.m., in the Mo'ikeha Building, Meeting Room 2A/2B ADJOURNMENT Charter Review Commission – July 22, 2019 2 | Page NOTICE OF EXECUTIVE SESSION Pursuant to Hawai‘i 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. ES-009 Pursuant to Hawai‘i Revised Statutes (HRS) §92-4, §92-5 (a) (4), the County Attorney will provide a briefing, discussion, and consultation regarding the amendment of Charter Section 23.06 relating to notice of Claims against the County. 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 length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Charter Review Commission Attn: Anela Segreti Office of Boards and Commissions 4444 Rice Street, Suite 150 Līhu‘e, HI 96766 E-mail: asegreti@kauai.gov Phone: (808) 241-4917 Fax: (808) 241-5127 Charter Review Commission – July 22, 2019 3 | Page SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: CHARTER REVIEW COMMISSION Meeting Date June 24, 2019 Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 3:00 p.m. End of Meeting: 3:22 p.m. Present Chair Ricky Watanabe, Vice Chair Jan TenBruggencate. Members: Carol Suzawa, Virginia Kapali, Patrick Stack, Marissa Sandblom, Lori Koga. Also: Deputy County Attorney Adam Roversi. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Watanabe called the meeting to order at 3:00 p.m. with seven members present which constituted a quorum. Communications Received Confidential Communication from Deputy County Attorney at the meeting to be taken up later in the agenda. Approval of Minutes Open Session Minutes of May 20, 2019 Vice Chair TenBruggencate, moved to approve the Open Session Minutes of May 20, 2019, seconded by Mr. Stack. Motion carried 7:0. Business CRC 2019-02 General Discussion on Charter Initiatives of Interest Vice Chair TenBruggencate moved to defer and keep on the agenda. Ms. Sandblom seconded. Motion carried 7:0 Charter Review Commission Open Session June 24, 2019 Page 2 SUBJECT DISCUSSION ACTION CRC 2019-03 Discussion on County Auditor Position Vice Chair stated that the commission cannot effectively move forward until they hear from the County Council and their position. Ms. Ching reported that she did talk with Council service staff about Commission’s agenda and discussion statements from Chair Watanabe. They will be attending next month’s meeting with a prepared statement, and the Chair if available will attend. Chair Watanabe stated that he believes that the current system in place is cost effective and will work whether or not there is a County Auditor’s office or not. County Clerk’s office is already handling most of the audits, It would be more cost effective if County Auditor office is eliminated so suggest Commission look at that in the future. Could be done with perhaps one new staff. CRC 2019-04 Discussion on Charter Section 23:06 Vice Chair TenBruggencate noted that a communication was received from the County Attorney’s Office and that the County Attorney has stated does not require confidentiality. Deputy County Attorney Adam Roversi summarized the memo (on file). Current Charter provision is null and void through Supreme Court decisions, which determined statute of limitations for a claim against the County is governed by State law. State law was amended to create a 2 year statute of limitation which trumps the current Charter provision. Recommendation is one of two options. 1) Keep language as it is and strike six months and Vice Chair TenBruggencate moved to defer and receive Chair Watanabe’s communication for the record. Ms. Sandblom seconded. Motion carried 7:0 Vice Chair TenBruggencate moved to waive the confidentiality to discuss in open session. Ms. Sandblom seconded. Motion carried 7:0 Charter Review Commission Open Session June 24, 2019 Page 3 SUBJECT DISCUSSION ACTION replace with two years. 2) Remove Section 23.06 completely and County would rely on State law. Ms. Sandblom asked about lack of change since 2007. Mr. Roversi explained that this is standard across the nation. Discussion as to language regarding time to avoid another change in the Charter over time. Commission requested Deputy County Attorney draft language which takes out a time amount and states as provided by State law for next month’s meeting. CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief Chair Watanabe stated that The Police Commission is looking into this item and will come back to Commission when they are done with a recommendation. Ms. Ching confirmed that a recommendation has been drafted by the Chair of the Police Commission and that it will be transmitted by the next Charter Review Commission meeting. Vice Chair Tenbruggencate moved that the language of Charter Section 23.06 be amended as discussed and that Deputy County Attorney bring language to consider to July meeting. Ms. Suzawa seconded. Motion carried 7:0 Vice Chair TenBruggencate moved to defer and take it up at next meeting. Ms. Sandblom seconded. Motion carried 7:0 Announcements Next meeting: Monday, July 22, 2019, 3:00pm, Moikeha 2A/2B. Chair Watanabe has resigned, effective 6/25/2019, to join the Civil Service Commission. Thank you, Chair Watanabe, for your service to the Charter Review Commission. Chair Watanabe thanked all the members and staff for assistance. Charter Review Commission Open Session June 24, 2019 Page 4 SUBJECT DISCUSSION ACTION Adjournment With no objection, Chair Watanabe adjourned the meeting at 3:22pm. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Anela Segreti, Administrative Specialist Ricky Watanabe, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of ___________ meeting.