HomeMy WebLinkAbout2019_1028_CRC Agenda PacketAn Equal Opportunity Employer
Jan TenBruggencate Members:
Chair Virginia Kapali
Marissa Sandblom Carol Suzawa
Vice Chair Patrick Stack
Lori Koga
Reid Kawane
COUNTY OF KAUA'I CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, October 28, 2019
3:00 p.m. or shortly thereafter
Mo’ikeha Building, Meeting Room 2 A/B
4444 Rice Street, Līhu'e, HI 96766
CALL TO ORDER
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Open Session Minutes of September 30, 2019
Executive Session Minutes of September 30, 2019
COMMUNICATIONS
CRC 2019-12 Letter received from Councilmember Felicia Cowden dated October 2, 2019
regarding Testimony Regarding CRC 2019-08: Proposal to Amend Section
1.03B1 of the Charter of the County of Kaua‘i.
CRC 2019-13 Email received from Prosecuting Attorney, Justin Kollar dated October 16, 2019
regarding proposed language for amendment to Charter Section 1.03 County
Elections B.1. Offices of the Mayor and Prosecuting Attorney.
-
CRC 2019-14 Email received from Prosecuting Attorney, Justin Kollar dated October 16, 2019
regarding proposed language for amendment to Charter Section 9A.05, Vacancy
in Office of Prosecuting Attorney.
BUSINESS
CRC 2019-02 General Discussion on Charter Initiatives of Interest
CRC 2019-03 Discussion on County Auditor Position
CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief
CRC 2019-16 For information and discussion County Council Meeting 10/23/19 Agenda Item
C 2019-229 a communication dated 10/14/19 from Councilmember Cowden
transmitting for Council consideration, a Resolution Proposing A Charter
Amendment Relating To Qualifications For The Chief Of Police. Resolution
No. 2019-53.
Charter Review Commission – October 28, 2019 2 | Page
CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics
Disclosure Statements Requirements
Board of Ethics Chair to discuss proposal
CRC 2019-09 Letter received from the Cost Control Commission dated September 9, 2019
regarding Charter Proposal to amend Article XXVIII Cost Control Commission.
CRC 2019-11 Memorandum received from the Liquor Control Commission dated September
13, 2019 regarding proposed 2020 Charter Amendment.
Liquor Control Commission representative to discuss proposal
CRC 2019-13 For discussion email received from Prosecuting Attorney, Justin Kollar dated
October 16, 2019 regarding proposed language for amendment to Charter
Section 1.03 County Elections B.1. Offices of the Mayor and Prosecuting
Attorney.
CRC 2019-14 For discussion email received from Prosecuting Attorney, Justin Kollar dated
October 16, 2019 regarding proposed language for amendment to Charter
Section 9A.05, Vacancy in Office of Prosecuting Attorney.
CRC 2019-15 For discussion Fact Sheet 2020 Charter Amendment by Council Resolution
Timeline. Elections Division Office of the County Clerk
ANNOUNCEMENTS
Next Meeting: Monday, November 25, 2019, 3:00 p.m., in the Mo'ikeha Building, Meeting Room
2A/2B
ADJOURNMENT
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-011 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 letter received from
the Board of Ethics dated June 28, 2019 regarding Ethics Disclosure Statements
Requirements.
cc: Deputy County Attorney Nicholas Courson
Charter Review Commission – October 28, 2019 3 | Page
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
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 September 30, 2019
Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 3:01 p.m. End of Meeting: 5:15 p.m.
Present Chair Jan TenBruggencate, Vice Chair Marissa Sandblom arrived at 3:04pm. Members: Carol Suzawa, Virginia Kapali, Patrick
Stack, Lori Koga, Reid Kawane. Also: Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist
Anela Segreti.
Testifiers: Police Commission Chair Mary Kay Hertog, Police Chief Todd Raybuck, Councilmember Felicia Cowden, Cost Control
Chair James Whitfield, Prosecuting Attorney Justin Kollar.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Vice Chair TenBruggencate
called the meeting to order
at 3:01 p.m. with six
members present which
constituted a quorum.
Agenda Hearing no adjustments to
the agenda Chair
TenBruggencate approved
the agenda.
Approval of
Minutes
Open Session Minutes of August 26, 2019 Ms. Koga moved to accept
the Minutes of August 26,
2019. Ms. Sugawa
seconded. Motion carried
6:0
Communications CRC 2019-09 Letter received from the Cost Control Commission dated September 9, 2019
regarding Charter Proposal to amend Article XXVIII Cost Control Commission.
Charter Review Commission
Open Session
September 30, 2019 Page 2
SUBJECT DISCUSSION ACTION
CRC 2019-10 Letter received from the Civil Service Commission dated September 10, 2019
regarding communication dated July 3, 2019, request for proposal to amend the Charter.
CRC 2019-11 Memorandum received from the Liquor Control Commission dated September
13, 2019 regarding proposed 2020 Charter Amendment.
Chair TenBruggencate pointed out that these three communications will be taken up later in the
agenda in the Business section of the meeting and suggested to not have discussion and this
time and entertained a motion on all three to receive.
Ms. Suzawa moved to
receive CRC 2019-09, CRC
2019-10 and CRC 2019-11.
Mr. Stack seconded. Motion
carried 6:0
Business CRC 2019-02 General Discussion on Charter Initiatives of Interest
Chair TenBruggencate asked if there were any new Charter initiatives that Commissioners
would like to add. He asked the public if they had any new Charter amendments that are not on
the agenda. Hearing none. Chair requested that this item be kept on the agenda for next month.
No action.
CRC 2019-03 Discussion on County Auditor Position
Ms. Ching, Boards and Commissions Administrator requested a deferral.
Chair TenBruggencate agreed to defer and reminded Commission that they are waiting Council
to make their decision on whether they will hire for position or not before the Commission
considers what to do.
Without objection Chair
TenBruggencate deferred.
CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief
Police Commission Chair Mary Hertog introduced Commissioner Kevin Mince (in the
audience) and Police Chief Todd Raybuck. Chair Hertog explained the process of hiring of the
current Police Chief. In reviewing the applications received it became obvious that they needed
Charter Review Commission
Open Session
September 30, 2019 Page 3
SUBJECT DISCUSSION ACTION
to increase the minimum requirements stated in the Charter for the Police Chief. She explained
that there is no current educational requirement for the Police Chief position, where as an
applicant for an officer needs the minimum of a high school education. They feel that anyone to
be considered again for the Police Chief position should have at a minimum a 4 year Bachelor’s
Degree in Law Enforcement, Public Administration, Business Administration or related fields
of study, as well as 15 years of law enforcement and training with at least 3 years of performing
at a rank of Lieutenant or above. They will know that the individuals have supervisory skills,
know how to lead, and know how to manage, and developed critical communication,
interpersonal and critical thinking skills as well. Chair Hertog asked Chief Raybuck to share his
story.
Chief Todd Raybuck shared that his Executive Staff has nine members with an Associate
Degrees and five with Bachelor’s Degrees, they have already achieved a higher education level.
It is not uncommon that many of the individuals in the ranks have an educational background.
He supports a minimum of a Bachelor’s Degree to be a chief. He shared his story in the Las
Vegas Metropolitan Police Dept and their implementation of required educational program for
advancement in rank. He shared his educational pursuit towards advancing in the ranks to
achieve Captain. As he was looking towards retiring from Las Vegas he started looking for his
next job and saw that the minimum requirements for Police Chief across the nation required at a
minimum a Bachelor’s Degree, so he knew he needed that and was one class away. Then the
Kauai Police Department job came up and fortunately he met and exceeded the minimum
requirements. He was shocked that Kauai only required 5 years’ experience with no
educational requirement, other Departments exceeded this. He addressed the question of
whether this requirement of 15 years and a Bachelor’s Degree will prevent applicants from
Kauai that may be challenged financially to get a degree. He shared that there are opportunities
such as an educational incentive program where they will help reimburse for college tuition. He
supports the Commission’s recommendation to increase the minimum requirements for the
Police Chief position.
Vice Chair Sandblom asked for clarification on the four year degree being specific to law
Charter Review Commission
Open Session
September 30, 2019 Page 4
SUBJECT DISCUSSION ACTION
enforcement.
Chair Hertog clarified that it would be law enforcement related fields. They are looking for
management, communication, interpersonal skills that is needed for a Police Chief.
Ms. Suzawa questioned the jump from 5 years of experience to 15 years.
Chair Hertog explained that 5 years on the force you may still be on patrol or branched out to do
something else. Fifteen years you probably been promoted to Lieutenant, possibly Captain and
you have the supervisory skills, leadership and management skills and been exposed to many
aspects of law enforcement that you will need to know.
Chief Raybuck explained that the average years for retirement is 28-32 years, so 15 years is a
relatively short time. At 5 years, one is barely scratching the surface, at 15 years, minimum,
still gaining a lot of knowledge and raises the bar for the depth of experience.
Ms. Kapali asked Chief Raybuck about raise to 15 years of law enforcement experience but no
change in the 3 years of supervisory experience.
He referred the question to Chair Hertog, but answered that 3 years’ experience is probably not
enough for the position but it’s just a minimum, but probably not the best candidate.
Chair Hertog explained that they didn’t want to discount someone that was in a Dept. so large
that they didn’t have the opportunity to come up. Therefore they are looking for someone with
supervisory as well as budgeting, etc. They were trying to find the balance.
Ms. Koga asked if someone from the inside got more priority, for example the Assistant Chief
get more priority than someone from the outside.
Chair Hertog stated “Best Qualified” that’s what the Commission looked at. They did not just
look at educational background, they looked at who would fit with Kauai and went through a
Charter Review Commission
Open Session
September 30, 2019 Page 5
SUBJECT DISCUSSION ACTION
rigorous process.
Ms. Kapali stood corrected, she is reading very carefully and the proposal says 3 years of
performing at a management level at a rank equivalent to Lieutenant or higher.
Ms. Suzawa asked if there were people that applied that would not have had problems meeting
the proposed requirements.
Chair Hertog responded that there were people that had the proposed level but they also looked
at many things in their decision and all of the final candidates exceeded the minimum
requirements currently in the Charter.
Ms. Suzawa expressed that she was concerned that Kauai would not get qualified applicants
with this level of requirements.
Chair Hertog expressed that she did not feel they raised the bar too high and have challenged
the Chief to develop from within.
Chair TenBruggencate pointed out that Kauai has had in recent years Police Chief that have
exceeded the current qualifications and that indicates to him that they’ve done a tremendous job
selecting. He acknowledged that there are Commissioners with law enforcement background
and they are doing fine without the proposed amendment so why do they need this.
Chair Hertog explained that at some point in time they will not be on the Commission and are
planning for the future. She wants to be sure that the proposal is on the ballot whatever way
possible.
Chief Raybuck pointed out that though we are smallest in the State we are not nationally. Kauai
is a mid-size police department. So the minimum qualifications are important due to the size of
the organization and complexity of the department.
Charter Review Commission
Open Session
September 30, 2019 Page 6
SUBJECT DISCUSSION ACTION
Ms. Suzawa responded that she was taken aback as to the large increase in requirements, but
now understands with the explanation. She hopes that the changes will be successful, but she
knows that it’s hard for people to vote for these changes, when it seems too tough for the
average citizen. She hopes that the police force, union is behind it and get out and talk to
people.
Chair Hertog stated that is a good point and she doesn’t care how it comes forward as long as it
gets on the ballot, whatever way they can get it out to the people and socialize them.
Councilmember Felicia Cowden, Council Committee Chair for Public Safety. She stated that
she supports what has been brought forward. She respectfully asked if she could bring this
before the Council. She stated that there was no public hearing on this matter and that there
will be more exposure in front of the Council and there would be more of a community buy-in.
In front of the Council the possibility of robust dialogue and exposure is so much higher. She
feels the Council will serve law enforcement and the public much better if this goes before the
County Council. She asked for that consideration, she wants to put this before the Council
instead of the Charter Review Commission. She believes Chair Hertog is okay if it goes
through the Council.
Chair TenBruggencate pointed out that the Council Chair, 2-3 years ago, asked the Charter
Review Commission to set aside the County Auditor discussion so that they could take it up
themselves and that if they did not hire an Auditor they would put it on the ballot themselves
and they did not. In this situation the Police Commission asked them to consider this. The
deliberation process will take some months and if the Council takes it up, they’ll take notice and
confer with the Council Committee and potentially give what they have or the alternative. He is
recommending to the Commission that they do not drop this now for fear that nothing happens.
Councilmember Cowden clarified that if it goes on the Council agenda that they would receive
what the Commission has so far.
Charter Review Commission
Open Session
September 30, 2019 Page 7
SUBJECT DISCUSSION ACTION
Chair TenBruggencate explained that that’s a position the Commission would have to make as a
whole. He clarified that her Committee has not voted on this yet. She confirmed that it has not.
She thought that she would wait till it comes to the group and ask for consideration. She would
ask the Commission if they would be okay with giving the Council their recommendation, but
she would take the same recommendation and put it in today.
Chair TenBruggencate’s recollection, and he is not an attorney, is that the Council can go ahead
and propose Charter Amendments without any consideration of where it comes from. So he
doesn’t believe she needs the consideration.
Councilmember Cowden would want to have their okay with it and would like the starting point
to be the same that came before the Charter Commission. She will put it before the Council.
Chair TenBruggencate stated that it will percolate up to the ballot, and it’s important that they
do not have two competing proposals on the ballot.
Chair Hertog went on record that this was not the first time that this was discussed, this was
when they voted. They had deferred it from two previous meetings. There was some concern
that it would call out any Kauai personnel from applying and they wanted the feedback so
deferred it. This was brought up in three previous meetings.
Chair suggested that Commission have a more detailed proposal and that they ask staff to have
that for next meeting.
Mr. Stack expressed that he is concerned that the Commission’s work will not just go away.
Ms. Suzawa moved defer to
Oct. 28, 2019 meeting and
ask staff to submit a more
detailed proposal. Ms.
Kapali seconded. Motion
Charter Review Commission
Open Session
September 30, 2019 Page 8
SUBJECT DISCUSSION ACTION
carried 7:0.
CRC 2019-09 Letter received from the Cost Control Commission dated September 9, 2019
regarding Charter Proposal to amend Article XXVIII Cost Control Commission.
James Whitfield, Chair, Cost Control Commission, explained Commission’s proposal to change
Cost Control Commission to a Cost Control and Revenue Enhancement Commission.
Rationale is in addition to goal of reducing the cost of county government while maintaining a
reasonable level of public services, this amendment would allow the Commission to explore
revenue enhancement and expenditure rationalization to improve the fiscal position of the
County. Chair Whitfield gave some examples of what revenue enhancement may look like.
Chair TenBruggencate asked if there are any other Commissions similar. Chair Whitfield is not
aware of any, but said that he and his Commission could look into it.
Chair TenBruggencate stated that the proposal will be on the agenda in the future and any
further information on how this could be phrased to allow for flexibility or the parameters.
Chair Whitfield stated that he did go over the proposal with the Commissions’ Counsel and
would investigate similar entities that exist in other counties and will get back to Commission
on that.
Ms. Kapali asked for clarification on power to control the cost of the Wailua Golf Course
[example used by Chair Whitfield], but not the amount of golf fees.
Chair Whitfield explained that they’re not able to affect any personnel matters, contractual
agreements.
Discussion on wanting more information on other Commissions that have this dual role or is it
really two commissions.
Charter Review Commission
Open Session
September 30, 2019 Page 9
SUBJECT DISCUSSION ACTION
Ms. Ching explained that the Commission has requested copies of audits so that they can take a
look and see where the departments are in meeting recommendations as it pertains to cost
control.
Ms. Suzawa moved to defer
this item to the Oct. 28,
2019 meeting. Ms. Kapali
seconded. Motion carried
7:0.
CRC 2019-08 Email received from the Prosecuting Attorney to Charter Commission dated July
19, 2019 regarding Charter Amendment Proposals to Section 1.03B1 and Section 9A.05A
Justin Kollar, Prosecuting Attorney, thanked the Commissioners for serving. He explained the
need to clean up some Charter items pertaining to The Office of the Prosecuting Attorney. The
first is the amount of lapsed time in the event of a resignation or disability in the Office.
Currently it is unclear in the Charter what would happen if something were to happen to the
Prosecuting Attorney. It’s unclear who would serve in the office or how a successor would be
selected. The second addresses the election, and what would happen if there are only two
candidates in the primary. In 2012 and 2016 they ran the same election in the primary and
general and it was confusing to many that he communicated with. Explained that the process is
difficult for staffing the office to not know who the boss is going to be in three weeks,
especially when there has been an election 3 months before.
Chair TenBruggencate requested that on the first issue, timing, how many months before or
after a vacancy, a specific proposal, with clear language, would benefit the Commission. On
the second issue, maybe if there are only two candidates they both go into the General and not
the Primary, as that is when the final decision is made and where the Charter Amendments,
State Constitutional Amendments and final County Council and Mayoral is placed.
Mr, Kollar explains that he would like to be let’s have the voters vote once and get it done in
August so that planning can be done for November. Advance notice helps. Vote done once
when there are only 2 candidates.
Charter Review Commission
Open Session
September 30, 2019 Page 10
SUBJECT DISCUSSION ACTION
Chair TenBruggencate asked should we change Mayoral and Council races if numbers are low.
Mr. Kollar, stated that may be so, but he is concerned with the Office of Prosecuting Attorney.
He will work with B&C staff to draft up some language.
Chair TenBruggencate suggested that the two items be separated and given different numbers.
He suggested to defer.
Commissioners discussed pros and cons and races where the winner of a primary election, loss
a general election. Discussed making the language more generic for any single seat office.
Ms. Kapali moved to defer
Section 9A.05A regarding
unexpired term of the
Prosecuting Attorney. Vice
Chair Sandblom seconded.
Motion carried 7:0.
Ms. Koga moved to amend
Section 1.03B1 regarding
only two candidates running
for office of Prosecuting
Attorney that they will only
run during the general
election. Vice Chair
Sandblom seconded.
Motion Withdrawn.
Ms. Koga moved to defer
Section 1.03B1 regarding
only two candidates running
for office of Prosecuting
Attorney that they will only
run during the general
election. Vice Chair
Sandblom seconded
Charter Review Commission
Open Session
September 30, 2019 Page 11
SUBJECT DISCUSSION ACTION
Motion carried 7:0.
CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics
Disclosure Statements Requirements
Chair TenBruggencate went over the proposal request by the Board of Ethics to amend Charter
regarding Disclosure Statements to include specific job titles not currently stated, i.e. Whoever
is acting as the Finance Director, Managing Director, Chief of Staff. Some discussion of Chief
of Staff having the kind of decision making powers that would warrant a disclosure.
Ms. Suzawa asked if this has anything to do with succession.
Chair TenBruggencate explained that this is specific to financial disclosure.
Commissioners had a lengthy discussion on roles and positions on who should be filing
disclosures.
Ms. Kapali moved to
develop language for
proposed amendment that
includes Managing Director
and Agency after
Department and ask
representatives to discuss
CRC 2019-06. Ms. Suzawa
seconded. Motion carried
7:0.
CRC 2019-11 Memorandum received from the Liquor Control Commission dated September
13, 2019 regarding proposed 2020 Charter Amendment.
Representative could not make it today.
Ms. Kapali motioned to
defer CRC 2019-11 to Oct
28, 2019 meeting. Ms.
Suzawa seconded. Motion
Charter Review Commission
Open Session
September 30, 2019 Page 12
SUBJECT DISCUSSION ACTION
carried 7:0.
Announcements Next meeting: Monday, October 28, 2019, 3:00 p.m., in the Mo’ikeha Building, Meeting Room
2A/2B.
Executive
Session
ES-011 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 letter received from the Board of
Ethics dated June 28, 2019 regarding Ethics Disclosure Statements Requirements.
Vice Chair Sandblom
moved to go into Executive
Session at 5:11pm. Ms.
Suzawa seconded. Motion
carried 7:0
Return to Open
Session
Ratify Commission actions taken in Executive Session for ES-011. The meeting resumed in
Open Session at 5:14pm.
Ms. Koga moved to ratify
the actions taken in
Executive Session for ES-
011. Ms. Suzawa seconded.
Motion carried 7:0.
Adjournment With no objection, Chair
TenBruggencate adjourned
the meeting at 5:15pm.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Jan TenBruggencate, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of ___________ meeting.
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, Chair
Ross Kagawa, Vice Chair Jade K. Fountain-Tanigawa, County Clerk
Arthur Brun Scott K. Sato, Deputy County Clerk
Mason K. Chock
Felicia Cowden
Luke A. Evslin Telephone: (808) 241-4188
KipuKai Kuali‘i Facsimile: (808) 241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Līhu‘e, Kaua‘i, Hawai‘i 96766
October 2, 2019
Jan TenBruggencate, Chair and Members of the Charter Review Commission c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Līhu‘e, Hawai‘i 96766
Dear Chair TenBruggencate and Members of the Charter Review Commission
RE: TESTIMONY REGARDING CRC 2019-08: PROPOSAL TO AMEND SECTION 1.03B1 OF THE CHARTER OF THE COUNTY OF KAUA‘I
Thank you for the opportunity to provide written testimony regarding CRC 2019-08: Proposal to Amend Section 1.03B1 of The Charter Of The County Of Kaua‘i. My testimony is provided as an individual Councilmember on the Kaua‘i County Council and as Chair of the Council’s Public Safety & Human Services Committee.
I oppose the change to amend Section 1.03B1 to have an election decided in the
Primary Election if there are no more than two (2) candidates for the offices that elect
only one (1) position (i.e., Mayor and Prosecuting Attorney). This most often would
be to the benefit of the incumbent as voter turn-out is stronger in the General Election
than the Primary Election and more exposure could occur for the challenger between
the two elections. If an incumbent were running for re-election and lost in the
Primary Election, there would be four less-productive months left in the remainder
of the term. If there is a large difference in candidate performance in the Primary
Election, the outcome is likely evident for both candidates. There is little cost
difference for the Elections Division to have one (1) less position on the ballot.
Thank you again for your consideration of my testimony. Should you have any questions, please feel free to contact me or Council Services Staff at 241-4188.
Sincerely,
FELICIA COWDEN
Councilmember, Kaua‘i County Council
cc: Ellen Ching, Boards & Commissions Administrator CRC 2019-12
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 [eighteen months], 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 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, insofar as applicable. The special primary election shall be called by the
council and held within forty-five days after the occurrence of the vacancy. The
special general election shall be held thirty days after the special primary
election. Pending a special election, the first deputy shall act as prosecuting
attorney. (Amended 1972)
CRC 2019-13
Section 1.03. County Elections.
A. Nonpartisan elections. County elections shall be conducted in accordance
with the state election laws insofar as applicable, but all elective county officers
shall be elected by nonpartisan elections. (Amended 2012)
B. Offices of the 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) [If there are only two
candidates for each of said offices, the candidate receiving the highest number
of votes for mayor and/or prosecuting attorney shall be elected in the primary
election.]
2. At the general election, the candidates receiving the highest number of votes
for mayor and prosecuting attorney shall be elected. (Amended 2012)
CRC 2019-14
County of Kaua'i
State of Hawai'i
AUGUST 8, 2020.............. .2020 PRIMARY ELECTION.
Statutes, Section'12-2.
FACT SHEET
2O2O CHARTER AMENDMENT BY COUNCIL RESOLUTION TIIIiELINE
(Pursuant to Kaua'i County Charter, Section 24.01.A.)
The dates in this Fact Sheet may be revised pending the development of the 2020 County
Council meeting calendar.
Date Event
June 5, 2020.... ...................Dead1ine to place proposed Charter amendment
resolution(s) for Council agenda-posting purposes
June 17, 2020................... ..Council first reading of proposed charter amendment
resolution(s). County Charter Section 24.01 .A.
July 1, 2020...... ..........,........Counci1 public hearing(s) on proposed charter
amendment resolution(s). Standard practice.
July 15,2020................... ....Council second & final reading of proposed charler
amendment resolution(s). County Charter Section
24.01 .4.
Elections Division
Office of the County Clerk
Hawai'i Revised
August 20, 2020---...-,........-............................Dead1ine to submit charter amendment questions, and
initiative or referendum questions to the Office of
Elections. Hawai'i Revised Statutes S'l 1-1 19.
October 3,2020 Publication of summaries of PROPOSED Charter
amendments in a newspaper of general circulation in
the county and electronically on the official website of
the County of Kaua'i. County Charter section 24.02.8.
NOVEMBER 3,2020 2020 GENERAL ELECTION. Hawai'i State
Constitution, Article ll, Section 8.
December 3, 2020 Publication of summaries of APPROVED Charter
amendments in a newspaper of general circulation in
the county and electronically on the official website of
the County of Kaua'i. County Charter section 24.03.8.
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County of Kaua'i
State of Hawal'i
Elections Divlgion
Office of the County Clerk
FACT SHEET
2O2O CHARTER AMENDMENT BY COUNCIL RESOLUTION TIIIELINE
(Pursuant to Kaua'i County Charter, Section 24.01.A.)
Kaua'i County Charter, Article XXIV (Charter Amendment), Section 24.01.A
Section 24.01. lnitiation of Amendments
the following manner:
Amendments to this charter may be initiated only in
A. By resolution of the council after two readings on separate days and passed by a
vote of five or more members of the council.
*####
Disclaimer
This Fact Sheet is for information purposes only and is not the authority on charter amendment resolulaons and/or
lhe election process for the County of Kaua'i. Seek legal counsel and consult the County Charter, County Code,
Hawai'i Revised Statutes, Hawaii Administralive Rules and other sources for more detailed and comdete
requirements.
February 28, 2019
Elections Division
Oftice of the County Clerk
4386 Rice Street, Suite 101
Lihu'e, Hawai'i 96766-1 819
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COUNTY COUNCIL
Arryl Kaneshiro,Chair
Ross Kagawa,Vice Chair
Arthur Brun
Mason K. Chock
Felicia Cowden
Luke A.Evslin
KipuKai Kuali’i
Council Services Division
4396 Rice Street,Suite 209
LThu’e,Kaua’i,Hawai’i 96766
MEMORANDUM
OFFICE OF THE COUNTY CLERK
Jade K.Fountain-Tanigawa,County Clerk
~County Clerk
Telephone:(808)241-4188
‘19 ~.p 1 :4~8)241-6349‘~-mai1~cokcouncil@kauai.gov
ON Y O~t~UA
FROM:
RE:PROPOSED
RELATING
POLICE
CHARTER AMENDMENT
TO QUALIFICATIONS FOR
RESOLUTION
THE CHIEF OF
Transmitted for your consideration during the October 23,2019 Council
Meeting is a Proposed Charter Amendment Resolution Relating to Qualifications
for the Chief of Police (See Attached).
Thank you for your consideration and thoughtful discussion of the matter.
JA:CNT:jy
Attachment’
cc:October 23,2019 Council Meeting Agenda
TO:
October 14,2019
Arryl Kaneshiro, Council Chair
and Members of the Kaua’i County Council
Felicia Cowden,Councilmember
AN EQUAL OPPORTUNITY EMPLOYER
C 2019-229
CRC 2019-16
COUNTY COUNCIL
COUNTY OF KAUA’I
3Ike&iolutton
RESOLUTION PROPOSING A CHARTER AMENDMENT
RELATING TO QUALIFICATIONS FOR THE CHIEF OF POLICE
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF
HAWAI’I:
SECTION 1.Pursuant to Section 24.01 of the Charter of the County of
Kaua’i (Charter),the Council hereby resolves to submit the Charter Amendment
described in this Resolution to the voters of the 2020 General Election.
SECTION 2.Article XI,Section 11.04 of the Charter is hereby
amended as follows:
“Section 11.04.Chief of Police.The chief of police shall be appointed by the
police commission. The chief of police may be removed by the police
commission only after being given a written statement of the charges against
the chief and a hearing before the commission.The chief of police shall have
had a minimum of [five]fifteen years of training and experience in law
enforcement,at least three years of which shall be in [a responsible,
administrative capacity.]performing management-level duties at the rank of
lieutenant or higher.The chief of police shall have a bachelor’s degree in
administration of justice,business administration,public administration,or a
similar administrative field.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.”
SECTION 3.Material to be deleted is bracketed.New material to be
added is underscored.If this amendment is adopted by voters,the County Clerk
need not show brackets,bracketed material,and underscoring for inclusion in the
Charter.
SECTION 4.The County Attorney and County Clerk shall approve the
wording of the ballot question,which shall be substantially in the following form:
“Shall Article XI,Police Department,Section 11.04 be amended to require
increased minimum qualifications for the chief of police,as follows:a
bachelor’s degree in a relevant field and fifteen years of law enforcement
training and experience,with three of those years in performing
management-level duties at the rank of lieutenant or higher?”
Resolution No. 2019-53
SECTION 5.
Councilmembers after
County Attorney shall
voters.
Upon adoption of this Resolution by five (5)or more
two (2)readings on separate days,the County Clerk and
take the necessary steps to submit this amendment to the
Introduced by:
~
FELICIA COWDEN
V:\RESOLUTIONS\20 18-2020 TERM\Charter Amendment Resolution re Qualifications Chief of Police.doc
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Resolution No. 2019-53