HomeMy WebLinkAboutCRC 2019_08_26 Agenda Packet 1An 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, Aug. 26, 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
COMMUNICATIONS
CRC 2019-08 Confidential communication received from Deputy County Attorney Adam
Roversi on July 30, 2019 regarding amendment to Charter Section 23.06
APPROVAL OF MINUTES
Open Session Minutes of July 22, 2019
BUSINESS
CRC 2019-02 General Discussion on Charter Initiatives of Interest
CRC 2019-03 Discussion on County Auditor Position
CRC 2019-04 Discussion and decision on Charter Section 23.06 proposed amendment
CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief
CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics
Disclosure Statements Requirements
Board of Ethics representative invited to discuss proposal
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
Prosecuting Attorney invited to discuss proposals
Charter Review Commission – August 26, 2019 2 | Page
ANNOUNCEMENTS
Next Meeting: Monday, September 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.
ES-010 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.
Charter Review Commission – August 26, 2019 3 | Page
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 July 22, 2019
Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 3:05 p.m. End of Meeting: 3:43 p.m.
Present Chair Jan TenBruggencate, Vice Chair Marissa Sandblom arrived at 3:25pm. Members: Carol Suzawa, Virginia Kapali, Patrick
Stack, Lori Koga, Reid Kawane. Also: Deputy County Attorney Adam Roversi. Boards & Commissions Office Staff: Administrator
Ellen Ching, Administrative Specialist Anela Segreti.
Testifiers: Arryl Kaneshiro, County Council Chair, Jade Fountain-Tanigawa, County Clerk
Excused
Absent
SUBJECT DISCUSSION ACTION
Prior to the start of the meeting, County Clerk Jade Fountain-Tanigawa gave the Oath of Office to
new Commissioner Reid Kawane.
Call To Order Vice Chair TenBruggencate
called the meeting to order
at 3:05 p.m. with six
members present which
constituted a quorum.
Election of New
Chairs
Former Chair Ricky Watanabe has moved to a different Commission leaving an opening for
Chair position. Jan TenBruggencate is current Vice Chair/Acting Chair and willing to serve as
Chair to the end of the year. Marissa Sandblom is willing to serve as Vice Chair and is being
recommended.
Ms. Suzawa moved to elect
Vice Chair Tenbruggencate
to Chair and Ms. Sandblom
to Vice Chair. Ms. Koga
seconded. Motion carried
6:0.
Communications CRC 2019-06 Letter received from Board of Ethics dated June 28, 2019 regarding Ethics
Disclosure Statements Requirements.
Chair TenBruggencate suggested letter be received and discussed later.
Ms. Suzawa moved to
receive CRC 2019-06. Ms.
Kapali seconded. Motion
carried 6:0
Charter Review Commission
Open Session
July 22, 2019 Page 2
SUBJECT DISCUSSION ACTION
CRC 2019-07 Confidential communication received from Deputy County Attorney Adam
Roversi on July 3, 2019 regarding amendment to Charter Section 23.06.
Chair TenBruggencate stated that the Commission had waived confidentiality on this item at
last meeting, but that Mr. Roversi alerted Commission that they must waive confidentiality
again. This item has no particular sensitivity, but it is standard practice as a confidential
communication.
Mr. Roversi informed Commission that all County Attorney letters will come as a confidential
communication and it is up to the Commission as to if they want to waive that confidentiality
and discuss in open session or have a discussion in executive session. He does not see any
particular reason why it must remain confidential.
Chair TenBruggencate reminded Commissioners that they waived last time.
Ms. Koga moved to waive
confidentiality on CRC
2019-07 confidential
communication. Ms.
Suzawa seconded. Motion
carried 7:0
Approval of
Minutes
Open Session Minutes of June 24, 2019 Ms. Suzawa moved to
receive CRC 2019-06. Ms.
Kapali seconded. Motion
carried 7:0
Business CRC 2019-02 General Discussion on Charter Initiatives of Interest
Chair TenBruggencate recognized that the Commissioners should consider the Ethics
Disclosure letter. He suggested to defer this to the next meeting to discuss further and create
an agenda item.
Ms. Kapali asked to invite someone from the Board of Ethics or their Counsel to the next
meeting to elaborate on the letter.
Asked to add to next month’s agenda.
Charter Review Commission
Open Session
July 22, 2019 Page 3
SUBJECT DISCUSSION ACTION
CRC 2019-03 Discussion on County Auditor Position
Continued discussion of County Auditor Position and possibly recommending the removal of
the County Auditor Position from the Charter. County Council is continuing to try and hire, but
suggestion has been to proceed by hiring Auditors in the specific field of interest, rather than
having a single in house expensive Auditor.
Asked the County Council and County Clerk’s office to come and talk with Commission
regarding where things are and any recommendations.
Council Chair Aryl Kaneshiro and County Clerk Jade Fountain-Tanigawa appeared before the
Commission. Ms. Fountain-Tanigawa distributed the Report to the Charter Review
Commission: July 22, 2019 (on file) to the Commission.
Council Chair Kaneshiro gave a breakdown of what is going on, process. Extensive rounds of
trying to find qualified people in 2014, made one offer and person decided not to take the job.
Second round by an Executive Search Committee which had four potential candidates, but did
not find someone qualified with a good fit. Now on third round which is in process, have not
had interviews yet. Hawaii applicants are few. Applicants worldwide, many have not been to
Kauai and do not know about the island, many have not been to Kauai and don’t know the cost
of housing, etc. They want someone who’s going to be here for their six year term, so need to
find a good fit. Person has to have the vision of what the office will look like and what they are
going to do, it’s a clean slate. Report shows the cost of having an Auditor’s office compared to
contracting audits out, it would be more cost efficient for the County to contract audits out than
staff an office. Cost just shows salaries, not office equipment or anything else they may need.
Historically they actually contracted out a lot of the audits, contracted nine audits and followed
up on two internally. So he believes they are doing what Council could do without an Auditor’s
office which is to contract out. $250,000 has been put in the County budget for audits. Went
out for four audits this past fiscal year. They believe they will be able to do three or four this
fiscal year. In his opinion if they are looking to make any changes of the language, the question
Charter Review Commission
Open Session
July 22, 2019 Page 4
SUBJECT DISCUSSION ACTION
would be what is the most appropriate action to take for the County. He feels that an option to
have an Auditor or to contract out audits would be better than to just have a measure to
eliminate the position completely.
Chair TenBruggencate went over the three ways to get an amendment on the ballot: 1. Citizen
petition, 2. Charter Review Commission, 3. County Council. Asked if the Council had any
inclination in taking this on. Suggestion of changing the language to provide an option is
interesting and one not heard before.
Council Chair Kaneshiro is not sure what all Council Members will think about it. They are
currently in process and if Council was to take any action it would have to be after the current
process that they are in.
Discussion of why Auditor position is in the County Council, County Clerk office. It is in the
Charter.
Ms. Fountain-Tanigawa stated that the position is a Council appointment and it is supposed to
be independent. The term is for six years according to the Charter.
Discussion on CAFER and Finance’s role to assist in developing, but audit under the County
Clerk’s office. Council is looking at more performance audits. Mayor and Council worked
together and identified four audits for the fiscal year (page two of report) based on what the
Mayor and Council was interested in.
Discussion of possible amendment options and clarification of Council currently having the
option to do audits in house, if we do not and cannot find an Auditor.
Deputy County Attorney Roversi read Section 3.1.2 of the current Charter provides that the
Council has the authority to conduct financial and performance audits.
Charter Review Commission
Open Session
July 22, 2019 Page 5
SUBJECT DISCUSSION ACTION
Discussion of possible language for change in Charter regarding the option stated above and
continued problems of hiring an Auditor.
Chair TenBruggencate requested an update after this round in the process.
Council Chair Kaneshiro agreed to come back once gone through process. He stated that much
of this is his own opinion regarding cost savings and being more efficient. It will take the
Council to vote to make changes to the Charter after this process is completed. He will suggest
if they do not have a hire after this process to look at making a change to the Charter.
Chair TenBruggencate thanked Council Chair Kaneshiro and County Clerk Fountain-Tanigawa
for coming.
Council Chair Kaneshiro thanked the Council for their service.
Chair TenBruggencate invited a motion to defer and keep on agenda.
Ms. Sandblom joined the meeting at 3:25pm
Ms. Suzawa moved to defer
CRC 2019-03. Ms. Koga
seconded. Motion carried
6:0.
CRC 2019-04 Discussion on Charter Section 23.06. Claims
Confidentiality has been waived on CRC 2019-06 relating to this item.
Mr. Roversi went over the communication regarding proposed language. Mr. Roversi provided
two alternatives to stating a two year time period and the pros and cons. One would have a
statement referring to, “the time period provided under state law” and the second would site the
statute section, “the time period provided in Hawai’i Revised Statute section 46-72”.
Charter Review Commission
Open Session
July 22, 2019 Page 6
SUBJECT DISCUSSION ACTION
Discussion on the 2 years as a standard and unlikely hood of it being changed.
Mr. Roversi stated it has been the State’s statute of limitations for several decades. It was
imposed upon the Counties to mirror the State’s for at least a decade.
Clarified that it is currently six months in the current Charter.
Chair TenBruggencate entertained a motion to have draft language prepared for the ballot.
Ms. Kapali moved to have
the Deputy County Attorney
draft language for the ballot
regarding CRC 2019-04.
Ms. Sandblom seconded.
Motion carried 7:0.
CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief
Ms. Ching informed the Commission that it is on the Police Commission agenda for next week.
Chair TenBruggencate suggested to defer and take it up when they are ready to talk with
Commission.
Ms. Suzawa moved to defer
CRC 2019-05. Ms.
Sandblom seconded.
Motion carried 7:0.
Communications Ms. Ching stated that a late communication by email was received by Ms. Ching from the
Prosecuting Attorney’s Office (on file) which was distributed to the Commissioners regarding
election for the Office.
Chair TenBruggencate suggested it be received and added to next meeting’s agenda. The
communication is regarding if only two people running for an office, than the election happens
in the Primary. Also amending Section 9A.05A.
Mr. Roversi stated that 9A.05A has to do with an appointment when there is a vacancy,
(paraphrasing)if there is more than eighteen months left there is a special election, if there’s less
Charter Review Commission
Open Session
July 22, 2019 Page 7
SUBJECT DISCUSSION ACTION
than a year than appointed by the Mayor. Leaves an open question of if it’s between a year and
eighteen months.
Ms. Kapali requested that the Prosecuting Attorney attend the next meeting.
Chair TenBruggencate said that can invite, but will discuss further at next meeting.
Ms. Sanblom moved to
receive the communication
and make it an agenda item
for the next meeting. Ms.
Stack seconded. Motion
carried 7:0.
Announcements Next meeting: Monday, August 26, 2019, 3:00 p.m., in the Mo’ikeha Building, Meeting Room
2A/2B.
Adjournment With no objection, Chair
TenBruggencate adjourned
the meeting at 3:43pm.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Jan TenBruggencate, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of ___________ meeting.
Dean Toyofuku
Chair
Mia Shiraishi
Vice Chair
Susan Burriss
Secretary
June 28, 2019
Mr. Ricky Watanabe
Chair Charter Review Commission
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Lihue, Hl 96766
COUNTY OF KAUAII BOARD OF ETHICS
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Lihu'e, HI 96766
Members:
Susan Buniss
Michael Curtis
Ryan de la Pena
Maureen Tabura
Mary Tudela
RECEIVEO
BOARDS & COMMISSIONS
Re: Board of Ethics (BoE) concerns regarding the Ethics Disclosure statements
Requirements
Dear Chair Watanabe:
During a recent Board of Ethics revision of the instructions to the Disclosure Statement
the Board of Ethics members discovered a potential limitation that we felt important to
bring to your commission's attention.
From the lnstruction sheet for disclosure statement's current language:
l. WHO MUST FILE The Mayor, Councilpersons, prosecuting Aftorney, all
department heads and deputies, members of boards and commissions, the
purchasing agent, and all candidates for elective office.
Revised language (in bold) by commission vote as of May 17, 2019:
WHO MUST FILE. 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.
JUN 6 ZOtg
An Equal Opportunity Employer
eRcaot?-ou
Charter - Section 20.04. Disclosure Excerpt
A. The mayor, councirpersons, ail department heads and deputies, members of
boards and commissions, the purchasing administrator and any emproyee
delegated or authorized to act on behalf of the director of finanie and tie deputydirector of finance in their absence shall within thifi days of assuming office, filewith the board...etc.
our commission had two concerns about the new language we approved which wascopied from existing charter language:
1) The limitation of the delegation authority disclosure requirement to only the financedepartment head and his/her deputy, and
2) The absence of recent new tifles, i.e. managing director, mayor,s chief of staff, etc.
The Board of Ethics did not feel it appropriate to update our ranguage in any way thatwas broader in scope than that in the Charter.
As we understand it is the charter Review commission,s defined rore to review theoperation o. f the county government under our charter, on behalf of the Board of etnl".,l.respectfully request your study and review of broadening tne requiremenito rir.ldisclosure statement to alr individuals who are in a position that on occasion *itt ."*"as a department head or deputy with a[ the responsibirities of that position.
secondly, that the listing of new key titles/positions be included in the charter.
Sincerely,
Dean Toyofuk u
Chair - Kauai County Board of Ethics
An Equal Opportunity Employer
Anela Segreti
From:
Sent:
To:
Subject:
Ellen Ching
Friday, July 19,2019 8:08 AM
Anela Segreti
FW: Charter Amendment Proposals
Response from Prosecuting Office to Charter Commission
--..-Original Message---
From: I ustin Kollar <jkollar@ ka ua i.gov>
Sent: Tuesday,.luly 16, 2019 12:57 PM
To: Ellen Ching <eching@ ka ua i.gov>
Cc: Adam Roversi <a roversi@ ka uai.gov>
Sub.iect: RE: Charter Amendment Proposals
Section 1.0381. should be amended to provide that "if there are only two candidates for the office of the Mayor or
Prosecuting Attorney, the candidate who receives the highest number of votes in the primary election shall be elected."
Section 9A,05A. should be amended to provide that "lf the unexpired term is less than eighteen months..."
Ma ha lo
Justin F. Kolla r
Prosecuting Attorney
---Original Message----
From: Ellen Ching
Sent: Tuesday, July L6,2OL9 12:50 PM
To: KCT Dept Head <Depa rtmentHeads@kaua i.gov>
Cc: KCT CC <Secretaries@ka uai.gov>; Adam Roversi <a roversi@ ka ua i.gov>
Subject: Charter Amendment Proposa ls
Pls see the attached memo, regarding any charter amendments you would like the Charter Commission to consider.
Should you have any questions, please feel free to contact me. I will be sending an calendar invite as a friendly
reminder.
Mahalo,
cEc, ao(\-cD
Ellen Ching
Administrator
County of Kaua'i
Office of Boards and Commissions
4444 Rice Street, Suite 150
Lihue, Hl. 96766
Phone: (808) 241.-4922
Fax: (808) 247-51.27
Email: eching@kauai.gov
Website: https://www.kauai.gov/BoardsandCommissions
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