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HomeMy WebLinkAbout2019_1125_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, November 25, 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 October 28, 2019 Executive Session Minutes of October 28, 2019 COMMUNICATIONS CRC 2019-17 Memorandum received from Council Chair, Arryl Kaneshiro dated October 28, 2019 regarding follow-up to the resolution proposing a charter amendment relating to qualifications for the Chief of Police CRC 2019-18 Letter received from the Salary Commission dated November 6, 2019 regarding Proposal Amendment to the Kaua’i County Charter. 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 2019-06 Discussion and possible action on proposed Charter amendment regarding Ethics Disclosure Statements Requirements CRC 2019-09 Discussion and possible action on 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 Charter Review Commission – November 25, 2019 2 | Page CRC 2019-14 Discussion and possible action on proposed language for amendment to Charter Section 9A.05, Vacancy in Office of Prosecuting Attorney. CRC 2019-18 Discussion and possible action on letter received from the Salary Commission dated November 6, 2019 regarding Proposal Amendment to the Kaua’i County Charter. Salary Commission representative to discuss proposal. CRC 2019-19 Discussion and possible action of Proposal to amend Charter Mayoral Chain of Succession during a temporary absence. CRC 2019-20 Discussion and possible action to introduce a Charter amendment creating a department of Environmental Services and Information Technology Department. CRC 2019-21 Discussion and possible action to amend Charter qualifications for a County Engineer and Water Manager. CRC 2019-22 For discussion and possible action Charter Review Commission Timeline 2020 for Charter Amendments. ANNOUNCEMENTS Next Meeting: Monday, December 23, 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. cc: Deputy County Attorney Nicholas Courson 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 Charter Review Commission – November 25, 2019 3 | Page 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 October 28, 2019 Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 3:01 p.m. End of Meeting: 4:53 p.m. Present Chair Jan TenBruggencate, Vice Chair Marissa Sandblom. Members: Carol Suzawa, Patrick Stack, Lori Koga, Reid Kawane. Also: Boards & Commissions Office Staff: Administrative Specialist Anela Segreti. Testifiers: Board of Ethics Chair Dean Toyofuku, Cost Control Chair James Whitfield Excused Virginia Kapali Absent SUBJECT DISCUSSION ACTION Call To Order 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 September 30, 2019 Mr. Kawane noted that Chair TenBruggencate is listed as Vice Chair on pg. 1. Executive Session Minutes of September 30, 2019 Ms. Suzawa moved to approve the Open Session Minutes of September 30, 2019 as amended and the Executive Session Minutes as submitted. Ms. Koga seconded. Motion carried 6:0 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 Review Commission Open Session October 28, 2019 Page 2 SUBJECT DISCUSSION ACTION 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. 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. Mr. Stack moved to receive CRC 2019-12 CRC 2019-13 and CRC 2019-14. Ms. Suzawa seconded. Motion carried 6:0 Business CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics Disclosure Statements Requirements Chair TenBruggencate explained that the proposal is to amend the disclosure language of the Charter, to add people that are designated on behalf of the County and the Finance Department to the required list of people that need to file ethics disclosures. Dean Toyofuku, Chair Board of Ethics, apologized for missing last meeting and thanked Commission for their time. Mr. Toyofuku summarized the Board of Ethics review of the Disclosure Form and instructions to make things clearer. Reviewed who must file a disclosure, compared what was written, “The Mayor, Councilpersons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, and all candidates for elective office”, in the instructions with what is in the Charter, “The Mayor, Councilpersons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, any employee delegated or authorized to act on behalf of the director of finance and deputy director of finance in their absence, and all candidates for elective office”, and moved to revise it to the Charter language. The Board did not know that Charter Review Commission Open Session October 28, 2019 Page 3 SUBJECT DISCUSSION ACTION they needed to get a disclosure from the delegated employee in the Department of Finance. Raised the question about the other departments, do they have dedicated designated employees? Not sure if they are the body to investigate. Second question that came up was with the new administration there are new titles, for example, Managing Director, and there could be others added over time. The Managing Director did submit a disclosure statement, even though the previous disclosure did not say he needed to. Board of Ethics is trying to make sure everything is clear. Vice Chair Sandblom clarified that given the previous description of the previous language the Board in May mimicked what was in the Charter. In addition there is an additional question about new titles, new positions that are not in the Charter, and Finance delegated employee. Questioned that the disclosure form is a financial disclosure form for assessing financial conflict and maybe that is why Finance is defined, because of procurement, financial relations. Mr. Toyofuku explained that the responsibility of the Board is to look for ethical violations, not specifically financial. Ms. Suzawa clarified that could include contracts which does not include finance. So if eliminate Finance or any department, it would be broader and cover anybody. Chair TenBruggencate suggested that Finance is looked at with greater scrutiny is that the Director of Finance can bind the County more frequently and to a greater extent than any other director. So if there’s going to be fraud it’s going to be where the money’s at, and that may be a reason for that. He asked if the Board if they looked beyond department heads and if agency heads should be covered, i.e. Elderly and Transportation and Economic Development and if they had, why was it not brought to the Commission. Mr. Toyofuku explained that the Board was not sure of process and what they should be supplying. They would like take information from Commission, do research and return with something more detailed. Charter Review Commission Open Session October 28, 2019 Page 4 SUBJECT DISCUSSION ACTION Chair TenBruggencate said it would be useful to the Commission and they would like to hear it. Mr. Kawane feels that the Department or Department Head has more authority to give out the contract. They give to Finance Department and they will sign off on it, assuming that the Department knows what they are doing with a contract, so it should encompass all Departments that have authority to contract outside of the County. Chair TenBruggencate stated that it’s a rare occaision that both the Head and Deputy is out at the same time, but it could have it. Vice Chair Sandblom asked if the Board can make changes on their own regarding who needs to complete a Disclosure Form. Todd Jenson, Deputy County Attorney, stated that they are governed by the Charter and what it says. Vice Chair Sandblom clarified that the change was bringing the form up to the Charter but not beyond. Chair TenBruggencate suggested this item be deferred and referred back to Board of Ethics and include concerns with designated authorities. Asked to get back to Commission at least by the January meeting and asked for a motion. Mr. Kawane moved that CRC 2019-06 be deferred and that the Board of Ethics return by at least the January 2020 meeting to present their proposal. Ms. Sandblom seconded. Charter Review Commission Open Session October 28, 2019 Page 5 SUBJECT DISCUSSION ACTION Motion carried 6:0 CRC 2019-09 Letter received from the Cost Control Commission dated September 9, 2019 regarding Charter Proposal to amend Article XXVIII Cost Control Commission. Chair TenBruggencate explained that this is Charter Proposal is from Cost Control Commission regarding expanding the authority of the Cost Control Commission to include revenue enhancement. James Whitfield, Chair, Cost Control Commission, explained that Commission be renamed the Cost Control and Revenue Enhancement Commission and to expand the functions/role of the Commission. Mr. Stack questioned whether Cost Control/Revenue Enhancement sounds like they may be cancelling each other out. Mr. Whitfield explained that they are related and that the things that they are looking at, weary that looking at revenue enhancement may not be in the purview of Cost Control as it has been traditionally been operating. They feel that going forward the Commission should put more emphasis on revenue enhancement measures and expenditure rationalization to help improve the fiscal position of the County. In the past they were just looking at axing positions or programs, doing away with what may appear to be incidental. This is not fair to workers and tax payers. To do effective cost control need to look at revenues and are they being applied properly. Mr. Stack asked for an example of a revenue enhancement. Mr. Whitfield explained that after the floods, tourist are being charged up in Koke’e and Ke’e Beach to raise additional revenue to maintain these properties. How can we enhance revenues and use it to control cost to tax payers. Charter Review Commission Open Session October 28, 2019 Page 6 SUBJECT DISCUSSION ACTION Chair TenBruggencate pointed out that the Commissions do not make decisions, they can only recommend and other agencies or the electorate make final decisions. Ms Koga asked about Wailua Golf Course fees. The Commission could make a recommendation to increase fees and that would be a revenue enhancement and then what happens to the recommendation. Would they recommend how much of a raise? Mr. Whitfield noted that in 2011 the Commission did make a recommendation to raise fees and the Council did raise fees, but no one ever implemented it. His understanding is that there was a lot of public opposition to it. So when it comes to the golf course, how could they use the facilities to raise more revenue through the golf course? Chair TenBruggencate asked if other municipalities that have handled a commission like proposed been looked at. Mr. Whitfield stated that he looked at the Grace Commission. But he’s not able to find too many that are Revenue and Cost Control. Most are named either and many work closely with the County Auditor. On the Big Island they are working with the auditor. Cook County just started one. They are recommending five year plans to enhance revenues to control costs. Alabama different municipalities have gone to revenue enhancement commissions are working along with their councils. Ms. Sandblom asked if he was able to find similarities with other Hawaii counties. Mr. Whitfield identified Cost Control Commission on the Big Island and working closely with auditor. He believes that some recommendations have had to do with revenue allocations. Ms. Koga asked if adding revenue enhancement to Cost Control would make it more difficult to find commissioners. Charter Review Commission Open Session October 28, 2019 Page 7 SUBJECT DISCUSSION ACTION Mr. Whitfield thinks it might be better. If they could look more for people from the finance, banking community or retired from such. Ms. Suzawa suggested looking at Big Island Charter on Cost Control as they are already making some recommendations with revenue allocations. Discussion on getting more information. Vice Chair Sandblom moved to defer to next month for more information. Ms. Koga seconded. Motion carried 6:0 CRC 2019-02 General Discussion on Charter Initiatives of Interest No discussion. Without objection Chair TenBruggencate deferred. CRC 2019-03 Discussion on County Auditor Position Continue to wait for information from County Council. Without objection Chair TenBruggencate deferred. CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief Chair TenBruggencate explained that Councilmember Cowden has introduced a resolution to the Council which is identical to language that Police Commission brought to Charter Commission. He is recommending that Commission keep this on the agenda. Commission discussed what would happen if it was removed from agenda. Would take time to bring it back on. Police Commission has not requested that Charter Commission drop the request. Councilmember has introduced a resolution that is going forward. If it passes and it will be put on the ballot and it is the same than he would suggest that they drop request to Charter from Police Commission. Ms. Suzawa moved to defer CRC 2019-05. Ms. Sandblom seconded. Motion carried 6:0 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. Ms. Suzawa moved to receive CRC 2019-16. Ms. Sandblom seconded. Charter Review Commission Open Session October 28, 2019 Page 8 SUBJECT DISCUSSION ACTION Motion carried 6:0. 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. Discussed that proposal is to remove requirement that if you are appointed to a board or commission and serve two terms you have to sit out a year before being appointed to another board or commission. Want to hear from them as to why they think this is a good idea. Deputy County Attorney Todd Jenson explained that he is attorney for Liquor Commission and the driving concern is that it’s difficult to find people to sit on commissions and when someone sits on a commission and know how things work, there’s a learning curve for a new person. Chair TenBruggencate explained that the other side of that is that there is a concern of creating a cadre of insiders. That it becomes a closed enclave that is difficult for someone to get in. Charter Commissions responsibility is to only put things on the ballot that they feel are enhancements. Mr. Stack sees that if they can’t find someone from the outside, than perhaps recruiting from within. Commissioners discussed pros and cons of proposal. Ms. Koga moved to defer CRC 2019-11 and ask to have a representative attend. Ms. Suzawa seconded. Motion carried 6:0 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. Chair TenBruggencate explained that this is Prosecuting Attorney Justin Kollar’s proposal to Charter Review Commission Open Session October 28, 2019 Page 9 SUBJECT DISCUSSION ACTION change the language of the Charter in situations where there are only two candidates for a non- partisan single seat office, i.e. Prosecuting Attorney and Mayor’s Office that decision be decided in the primary. There used to be language that allowed whoever won the primary to take office only if they had 50% of the votes plus one. Issue is do they want to change the Charter as suggested or look at another option. Commissioners discussed reasoning behind this proposal for the Prosecuting Attorney’s Office and other options, i.e. go back to 50% plus one or if only two candidates they go directly to general election. Anela Segreti, Administrative Specialist conducted a roll call vote. Ms. Koga moved to receive CRC 2019-13. Mr. Kawane seconded. Roll Call Vote: Commissioner Suzawa: nay Commiseioner Stack: nay Commissioner Koga: aye Commissioner Kawane:aye Vice Chair Sandblom: aye Chair TenBruggencate: aye Commissioner Kapali: excused Motion carried: 4 ayes and 2 nays. 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. Chair TenBruggencate explained that this seems to be a correction of an error. He read the current Charter language and pointed out it does not say what is done between a year and eighteen months. The proposed language seems to define what is done in that six month gap that is not specified in the Charter. Charter Review Commission Open Session October 28, 2019 Page 10 SUBJECT DISCUSSION ACTION Commissioners discussed this housekeeping measure, fixing a clear problem. Chair TenBruggencate requested that proposal be sent to County Attorney’s Office for review. Vice Chair Sandblom moved to approve CRC 2019-14. Ms. Koga seconded. Motion carried: 6:0 CRC 2019-15 For discussion Fact Sheet 2020 Charter Amendment by Council Resolution Timeline. Elections Division Office of the County Clerk Discussed Council Resolution Timeline for Council which is till June. Charter Commission will need to make their decisions before that. Chair TenBruggencate called for a motion. Commissioners discussed Commissions timeline. In past March/April was deadline for final reviews and then discuss getting out for education of proposed amendments. Commission asked for Boards and Commission Administrator to present timeline at next meeting. Ms. Suzawa moved to receive CRC 2019-15. Ms. Koga seconded. Motion carried 6:0 Announcements Next meeting: Monday, November 25, 2019, 3:00 p.m., in the Mo’ikeha Building, Meeting Room 2A/2B. Ms. Suzawa stated she will be off island for the week and will not be attending meeting. 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. Mr. Stack moved to go into Executive Session at 4:28pm. Vice Chair Sandblom seconded. Motion carried 6:0 Return to Open Session Ratify Commission actions taken in Executive Session for ES-011. The meeting resumed in Open Session at 4:52 pm. Ms. Suzawa moved to ratify the actions taken in Charter Review Commission Open Session October 28, 2019 Page 11 SUBJECT DISCUSSION ACTION Executive Session for ES- 011. Ms. Sandblom seconded. Motion carried 6:0. Adjournment With no objection, Chair TenBruggencate adjourned the meeting at 4:53 pm. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Anela Segreti, Administrative Specialist Jan TenBruggencate, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of ___________ meeting. COUNTY COUNCIL Arryl Kaneshiro. Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Felicia Cowden Luke A. Evslin KipuKai Kuali'i OI'I'I('E OF THE COTINTY CLERK Jade K. Fountain-Tanigawa. County CIerk Scott K. Sato. Deputy County Clerk Telephone: (808)241-4188 Facsimile: (808)241-6349 E-mail: cokcouncil@kauai.gov Council Senices Division ,1396 Rice Street. Suite 209 Lihu'e. Kaua'i. Hawai'i 96766 RECEIVED }IEII{ORANDUIlI oci 2 9 2ol9 October 28, 2019 BOARDS I COUUISS.'^',' TO Ellen Ching, Boards & Commissions Administrator ATTN: Mary K. Hertog, Police Commission Chair FROM: Arryl Kaneshiro, Council Chair flp As a follow-up to the October 23,2019 Council Meeting relating to the Resolution Proposing a Charter Amendment Relating to Qualifications For The Chief of Police, the Council requests the following information: 1. If the Police Commission or Office of Boards & Commissions had the following information when they were drafting their resolution for the Charter Commission's review and possible adoption, could you please provide comparable information from other jurisdictions on the qualifications required of an applicant for the position of Chief of Police. Information should include, but not be limited to, the population serwed and the position description. A response by November ),2, 2079 is requested. Should you have any questions, please feel free to contact the Office of the County Clerk, Council Services Division at 241-4188. CNT:JA:Ic cc: Michael A. Dahilig, Managing Director AN EQUAL OPPORTUNITY EMPt,OYER CR.c "2b)1-17 RE:FOLLOW-UP TO THE RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO QUAIIFICATIONS FOR THE CHIEF OF POLICE 2. A copy of the approved Minutes from the September 30, 2019 Police Commission Meeting. Wrde q Llwfrrs(rtn Notice is hereby given that the Council of the County of Kaua'i will hold a public hearing on Wednesday, November 20, 2019, at 1:30 p.m., or soon thereafter, at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu'e, on the following: Resolution No. 2019-53 RESOLUTION PROPOSING A CHARTER AMENDMENT REI,ATING TO QUALIFICATIONS FOR THE CHIEF OF POLICE This Resolution proposes to amend the Charter of the County of Kaua'i by amending Article XI, Section 11.04 relating to the chief of police. The amendment would increase the required minimum years of training and experience in law enforcement from five (5) years to fifteen (15). At least three (3) of those years would need to be in performing management-level duties at the rank of lieutenant or higher (compared to the current requirement of three (3) years in a responsible, administrative capacity). The amendment would also create minimum education qualifications by requiring that the chief of police to have a bachelor's degree in administration of justice, business administration, public administration, or a similar administrative fi eId. If this Resolution is adopted by the Kaua'i County Council, this proposed amendment wiII be submitted for a vote bv the electorate on the 2020 General Election ballot. All interested persons who wish to present their comments may do so at the public hearing. Written testimony prior to the hearing would be appreciated. Written testimony can be submitted to the Office of the County Clerk, Council Services Division by mail, facsimile, or via E-mail to counciltestimony@kauai.gov. Copies of the Resolution are available at the OfEce of the County Clerk, Council Services Division. (The Council Committee or Council may amend this Resolution at their subsequent meetings. Meeting notices are posted at least six (6) days in advance at the County Clerk's Office and the public may also testifu at any of these meetings.) CERTIFICATE OF THE COUNTY CLERK I hereby certifu that the foregoing Resolution No. 2019-53 which on first reading was ordered to print by the Council of the County of Kaua'i at its meeting held on October 23,2019, by the following vote: AYES: Chock, Cowden, Evslin, Kagawa, Kuali'i, Kaneshiro NOES: None EXCUSED & NOTVOTING: Brun RECUSED & NOTVOTING: None TOTAL _ 6. TOTAL O. TOTAI, _ 1. TOTAL O. Lihu'e, Hawai'i October 24,2079 /s/ Jade K. Fountain-Tanigawa County Clerk, County of Kaua'i "NOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING NOTE: IF YOU NEED AN AUXILIARY AID/SER\.ICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF THE COUNTY CLERK, COUNCIL SERVICES DIVISION AT (808) 241.4188 OR COKCOUNCII,@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS ILADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAII-ABLE IN ALTERNATE FORMATS SUCH AS LA.RGE PRINT, BRAILLE, OR ELECTRONIC COPY. (One publication - The Garden Island - October 30, 2019) RECEIVED ocT 2 8 2019 BOARDS & coMi.llss"'^,o COUNTY COUNCIL COUNTY OF KAUA'1 jlhesolutfon llo. 2019-53 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 2. amended as follows: Article XI Section 11.04 of the Charter is hereby "Section 11.04. Chief of Police. The chief of police sha-Il 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 hisher. The chief of police shall have a bachelor's desree in administration of iustice, business administration, public administration, or a similar administrative field. The chief of police shall make such reports from time to time as the commission sha-Il 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?" SECTION 1. Pursuant to Section 24.O1 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 ofthe 2020 General Election. SECTION 5. Upon adoption of this Resolution by frve (5) or more Couneilmembers after two (2) readings on separate days, the County Clerk and County Attorney shall take the necessary steps to submit this amendment to the voters. Introduced by: 0{;"Q"-4."r"',\.o..-, FELICIA COWDEN VIRESOLUTIONSU0I8-2020 TERM\Charter Amendment Re solution re Qualifications Chief of Police.doc ?lpr -#ap @rrugeD lRrrrrcnn Grun @bork Cotr:!en Banel!iro @otal 6ertiticate @t 9!option Be lerebl (rrtitp tljet Besolutron -J)0. b8s Eboptp[ by tle €ounril of tle @ountp ot trlaua'i, Stste 0f @abai'r, Lil;u'e, trraua'i, ffiabai'i, on Ddte! Countl Clrrh €lrairman & $rrsiDing @fficer @bslin iiagaba Buali'i I CERTIFICATE OF THE COUNTY CLERK I hereby certifu, that on October 23, 2OI9, the Council of the County of Kaua'i entertained a motion to schedule a Pub1ic Hearing on Resolution No. 2019-53 for November 20,2019, and thereafter refer said Resolution to the December 4, 2019 Council Meeting, by the following vote: FOR MOTION: AGAINST MOTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Chock, Cowden, Evslin, Kagawa, Kuali'i, Kaneshiro None Brun None TOTAL _ 6, TOTAL - O, TOTAL _ 1, TOTAI - O. Lihu'e, Hawai'i October 24,2019 Jade oun tain-Tanigawa County Clerk, County of Kaua'i Kenneth Rainforth Chair Robert Crowell Vice Chair County of Kaua'i Salary Commission Olllce of Boards and Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawai'i 96766 MEMORANDUM November 6.2019 To: Jan TenBruggencate, Chair, Charter Review Commission Members: Leland Kahawai Trinette Kaui From: Kenneth Rainforth, Chair. Salary Commission Via: Ellen Ching, Administrator, Office of Boards and Commissions Re: Proposed Amendment to the Kaua'i County Charter At its meeting on November 6,2019 the Commissioners voted unanimously to introduce a charter amendment that would grant the Kaua'i Salary Commission the sole authority to "review and compensate all county elected officials and appointed directors and their deputy directors so that their total salaries and benefits have reasonable relationship to compensation in the public and private sectors." If approved, this amendment would shed light on the decision-making process used to determine the salaries of officials covered by the Salary Commission. In addition, I have been selected by the Salary Commission to speak on their behalf and represent their views at the next Charter Review Commission meeting on Monday, November 25, 2019. Mahalo for your consideration to this proposal. t/K cgc 2Dt 1- /g Charter Review Commission Timeline fbr 2020 Charter Amendments DRAFT March 23,2020 (Monday) Cutoff date/final approval for proposed Charter Review Commission amendment submittals April27,,2020 (Monday) CRC to review and finalize proposed Charter amendments May 25,2020 (Monday) Review and finalize ballot questions/purpose,/background lor approved proposed Charter amendments June 22,2020 (Monday ) Review and refer ballot questions/purpose/background to Communications Team to prepare and format Voter Education Material for CRC review at 7127 meeting and lorward to County Attomey lor review July 27 (Monday) Review of Voter Education Material by CRC and forward to the County Attomey for legal review July 27, 2020 (Monday) to August 6, 2020 (Thursday); M-S8to4 Primary Election walk-in absentee polling period; pursuant to HRS $ l5-7 August 8,2020 Primary Election August 12, 2020 (Wednesday) Final review olVoter Education Material due from the County Attomey August 19,2020 (Wednesday) All Charter amendment questions(s) due to the County Clerk for printing of ballot pursuant to HRS $ I I - 1 I 9(b) (including Ramseyer text of amendment in Word format) All Charter amendment questions(s) due to State Chief Election Olficer for printing ol ballot pursuant to HRS $ I I - I l9(b) (including Ramseyer text of amendment in Word format) Send Voter Education Material to the Printer for printing, folding and stuffing in mail-out ballots per approval from the County Clerk/Elections Office ifsize and weight allows for inclusion TBD Finalized camera-ready voter education lor print media TBD-date for local mail out Mail-out of General Election absentee ballots to overseas voters (allows for 6 day challenge following primary + 4 day judicial response) (Federal guideline suggests 30-45 days prior to General) i Mail voter education to non-Kaua'i addresses October 3, 2020 (Wednesday) County Clerk and Commission jointly publish all proposed Charter amendments in a newspaper of general circulation in the county pursuan t to Kaua'i Countv Ckc 2D )?-eA August 20,2020 (Thursday) August 20,2020 (Thwsday) September 25, 2020 (Friday) Charter Section 24.02 B. (publish not less than 30 days prior) Week of October 19-23, 2020 Publish voter education in print media October 20, 2020 (Tuesday) to October 31, 2020 (Saturday) M-S8to4 General Election walk-in absentee polling period; pursuant to HRS $ l5-7 November 3, 2020 (Tuesday) (leneral lllection December 3, 2020 (Wednesday) County Clerk to publish approved Charter amendments in a newspaper of general circulation in the county and electronically on the official website ofthe County of Kaua'i. County Cha(er { 24.03.8.