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HomeMy WebLinkAbout2020_0127_CRC Agenda PacketAn Equal Opportunity Employer Marissa Sandblom Members: Chair Virginia Kapali Jan TenBruggencate Carol Suzawa Vice Chair Patrick Stack Lori Koga Reid Kawane COUNTY OF KAUA'I CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, January 27, 2020 3:00 p.m. or shortly thereafter Mo’ikeha Building, Meeting Room 2 A/B 4444 Rice Street, Līhu'e, HI 96766 OATH OF OFFICE FOR CHARTER REVIEW COMMISSIONERS JAN TENBRUGGENCATE AND PATRICK STACK 2ND TERMS ENDING ON DECEMBER 31, 2022 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES Open Session Minutes of December 16, 2019 COMMUNICATIONS None BUSINESS CRC 2019-02 General Discussion on Charter Initiatives of Interest CRC 2019-05 Discussion and possible action on 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 2019-18 Discussion and possible action on letter received from the Salary Commission dated November 6, 2019 regarding Proposal Amendment to the Kaua’i County Charter. CRC 2019-21 Discussion and possible action to amend Charter qualifications for a County Engineer and Water Manager. CRC 2020-01 Discussion and possible action on proposal to amend Charter Section 20.05 D2 regarding advisory opinions by the Board of Ethics. ANNOUNCEMENTS Next Meeting: Monday, February 24, 2020, 3:00 p.m., in the Mo'ikeha Building, Meeting Room 2A/2B Charter Review Commission – January 27, 2020 2 | Page 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 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 December 16, 2019 Location Mo‘ikeha Building, Meeting Room 2 A/B Start of Meeting: 3:04 p.m. End of Meeting: 5:15 p.m. Present Chair Jan TenBruggencate, Vice Chair Marissa Sandblom. Members: Virginia Kapali, Carol Suzawa, Patrick Stack, Lori Koga, Reid Kawane. Also: Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti. Testifier: Council Member Felicia Cowden Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair TenBruggencate called the meeting to order at 3:04 p.m. with seven members present which constituted a quorum. Agenda Chair TenBruggencate pointed out an error under item CRC 2019-24 which should be to discuss and approve the meeting schedule for calendar year 2020 First Deputy County Attorney Nicholas Courson stated that under HRS §92-7(d) allows you to amend the agenda provided that the item is not of reasonably major importance and the action by the board will affect a significant number of persons. This is basically a housekeeping item relating to the calendar. The catch is that at least a 2/3 vote which would be 5. His recommendation was to amend the agenda as the Chair outlined. Ms. Ching asked if they are deleting rather than amended. Mr. Courson answered that it’s a matter of style. But essentially it’s a housekeeping measure. Ms. Suzawa moved to amend CRC 2019-24 to establish the 2020 meeting schedule. Ms. Sandblom seconded. Motion carried 7:0 Approval of Minutes Open Session Minutes of November 25, 2019 Mr. Kwane moved to approve the Open Session Charter Review Commission Open Session December 16, 2019 Page 2 SUBJECT DISCUSSION ACTION Mr. Kawane noted errors on pg. 4 Mr. Patrick and pg. 5 Mr. Patrick, should be Mr. Stack, pg. 6 motion carried 6:0 should be 5:0. Minutes of November 25, 2019 as amended. Ms. Sandblom seconded. Motion carried 7:0 Communications CRC 2019-11 Memorandum received on December 9, 2019 from Nicholas Courson, First Deputy County Attorney regarding Proposed 2020 Charter Amendment (Member Terms). CRC 2019-14 Memorandum received on December 9, 2019 from Nicholas Courson, First Deputy County Attorney regarding Proposed 2020 Charter Amendment (9A.05, Vacancy in Office). CRC 2019-20 Memorandum received on December 9, 2019 from Nicholas Courson, First Deputy County Attorney regarding Proposed 2020 Charter Amendment (Environmental Services and IT Department). Chair TenBruggencate noted that these three items will come up again later in the agenda. Ms. Suzawa moved to receive CRC 2019-11, CRC 2019-14, CRC 2019-20. Mr. Stack seconded. Motion carried 7:0 Business CRC 2019-02 General Discussion on Charter Initiatives of Interest Chair asked if there was any commissioners wishing to bring up any initiatives not on the agenda. None. Without objection the item was deferred. CRC 2019-03 Discussion on County Auditor Position Chair TenBruggencate asked if there was anyone in the public wanting to speak on this. Felicia Cowden, County Council member, speaking as an individual council member, stated that it has been difficult to find an auditor with the minimum qualifications that are there. But, Charter Review Commission Open Session December 16, 2019 Page 3 SUBJECT DISCUSSION ACTION she would not like to see it removed from an opportunity for the Council to be able to hire, they do want one. Mr. Stack raised the question of the possibility of borrowing an auditor from another county to fill the deficiency. Ms. Suzawa questioned if there has been a comparison on qualifications of auditors across counties, because the other counties have auditors. Chair TenBruggencate suggested sending a communication to the County Clerk to the County Council asking if there’s a possibility of creating a co-auditor position with another County that has an auditor. Also ask them, since they are having so much trouble, if there is any recommendations to change the language in the Charter to make it possible to fill the position. He clarified that the Commission does not hire the auditor. Ellen Ching, Boards & Commissions Administrator, referred Commissioners to an earlier memo (on file) from Ricky Watanabe, former Charter Commissioner. She also wanted to inform them that audits are being conducted and that the audit function is a legislative function and the Council’s purview. She referred back to Mr. Watanabe’s memo and recommendation. Chair TenBruggencate reiterated that it is neither the commissions function nor the Charter’s function to establish the staffing of the County Clerk’s office. Ms. Kapali referred back to the idea of having a co-auditor with another County. She is reluctant to agree with this because it is not reasonable. Ms. Ching suggested that Commission charge her with sending a memo to the Council regarding the question including asking if co-location be a solution and allow them to respond as they have authority to do audits. Charter Review Commission Open Session December 16, 2019 Page 4 SUBJECT DISCUSSION ACTION Councilmember Cowden, as an individual member of the Council, stated that she thinks they need to adapt the minimum requirements, and it should be the Council to come up with what they need. She is aware that they have four (4) audits in process. Currently they have little control over who conducts audits as it goes through the procurement process. If they had their own auditor than there would be more input as to how audit will be done. She will ask the question, and likes the idea of looking at what the other islands require. She feels that as a Councilmember it is odd that they ask for an audit, but don’t put really any parameters on that, it’s handed off to procurement. It feels under supervised by the Councilmembers, but staff may see it, but councilmembers do not. Ms. Kapali wanted to clarify for the record that Counilmember Cowden’s statements are as an individual and that she is not speaking on behalf of the Council. Ms. Cowden stated, before giving her testimonies, that she is an individual member of the Council and is not speaking on behalf of the Council. Chair TenBruggencate stated that the Commission is willing to hear from the Council on any changes to the language of the Charter. He noted that the Council staff has just shown him by email that our Charter language is almost identical to Honolulu, neither require a CPA, an accounting background. A strong business background with accounting and analysis background is preferred. If the Council wants to bring language to the Commission they may do so. Ms. Suzawa moved to receive CRC 2019-03. Mr. Sandbloom seconded. Motion carried 7:0 CRC 2019-05 Proposal to add to Charter, qualifications for Police Chief Chair TenBruggencate recapped the Council’s decision to not move forward with this proposal and it is back with the Commission. Ms. Ching reported that the Police Commission Chair submitted an amendment which was adopted by the Council and at the last meeting the resolution was not approved. There was Charter Review Commission Open Session December 16, 2019 Page 5 SUBJECT DISCUSSION ACTION discussion by the Chair to make another amendment, but she does not have that information. She stated there biggest concern is to leave a foundation of requiring a high standard for a Police Chief. Councilmember explained that there was adding of Peace officer, just a little bit added, and the reason it didn’t pass was that a Councilmember changed his mind and caused several others to also change. Ms. Ching explained that there was discussion over the fifteen (15) years experience and feeling that that was too high. Ms. Koga moved to defer CRC 2019-05. Ms. Sandblom seconded. Motion carried 7:0 CRC 2019-06 Discussion and possible action on proposed Charter amendment regarding Ethics Disclosure Statements Requirements Ms. Ching requested to defer. Ms. Suzawa moved to defer CRC 2019-06. Ms. Koga seconded. Motion carried 7:0 CRC 2019-09 Discussion and possible action on Charter Proposal to amend Article XXVIII Cost Control Commission. Vice Chair Sandblom explained that after last month’s meeting she spoke with the Deputy County Attorney who had been in talks with Chair Whitfield but had not drafted anything. So she drafted proposed language (on file), identifying the changes. Commissioners reviewed the documents and discussed whether to move it forward for review by the County Attorney’s Office. Ms. Kapali voiced her concerns that this was too much and that there would be duplication. Charter Review Commission Open Session December 16, 2019 Page 6 SUBJECT DISCUSSION ACTION Ms. Ching explained the context of this proposal. The Commission submitted a report to the Mayor and Council that included revenue enhancement measures and were told that they cannot make recommendations to enhance revenue. Nicholas Courson, First Deputy County Attorney, clarified that the Office of the County Attorney has consistently also told the Commission that under the current language they are to stick to cost control, cutting cost. Board discussed if they want to defer, receive or approve the proposed amendment. Chair TenBruggencate explained that his intention has been that they would take a package forward that they think are good things and before the final approval they would review them and widdle them down to 5 or 6 of the strongest Charter amendments and push those forward. Chair TenBruggencate explained that the motion is off the agenda. Chair TenBruggencate called for a roll call vote. Ms. Segreti conducted roll call vote. Chair TenBruggencate asked if the Commission would like to consider another motion. Ms. Kapali moved to receive CRC 2019-09 for the record. Mr. Stack seconded. Roll Call Vote: Commissioner Kapali – ay Commissioner Suzawa – no Commissioner Stack – no Commissioner Koga – no Commissioner Kawane – no Vice Chair Sandblom – no Chair TenBruggencate – no Motion denied 1:6 Ms. Suzawaa moved to Charter Review Commission Open Session December 16, 2019 Page 7 SUBJECT DISCUSSION ACTION Chair TenBruggencate called for a roll call vote. Ms. Segreti conducted roll call vote. approve CRC 2019-09. Mr. Kawane seconded. Roll Call Vote: Commissioner Kapali – nay Commissioner Suzawa – ay Commissioner Stack – nay Commissioner Koga – ay Commissioner Kawane – ay Vice Chair Sandblom – ay Chair TenBruggencate – ay Motion carried 5:2 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. Ms. Ching reminded the Commission that this is a letter in support of Administration proposal regarding giving the authority to the Salary Commission to set salaries and changing the appointing authority of the Salary Commission members to split between Council and Executive Branch. Chair TenBruggencate added that three (3) members would be appointed by Council and three (3) by Mayor and the six (6) appoint the seventh member of the Commission and any decision made in respect to salaries by the Commission is the final decision, it does not go to the Council. He noted that a measure similar to this died the last time it went before the voters. Ms. Ching added that this proposal adds the appointing of the commission to both the Mayor and Council and the seventh member by the Commission, in addition to giving the final decision to the Commission. Ms. Suzawa moved to approve CRC 2019-18. Ms. Kapali seconded. Motion Charter Review Commission Open Session December 16, 2019 Page 8 SUBJECT DISCUSSION ACTION carried 7:0 CRC 2019-19 Discussion and possible action of Proposal to amend Charter Mayoral Chain of Succession during a temporary absence. Chair TenBruggencate stated that this was an item he pushed forward, and seeing the gravity of the many items that they’ve considered he would recommend the Commission receive it and get it off the agenda. Vice Chair Sandblom moved to receive CRC 2019-19. Ms. Koga seconded. Motion carried: 7:0 CRC 2019-21 Discussion and possible action to amend Charter qualifications for a County Engineer and Water Manager. Chair TenBruggencate stated this is the proposal to amend the qualifications for the County Engineer and the Water Manager brought forward by the Administration due to the difficulty of not just this administration, but the last several to find people to fill this position. He reminded them from testimonies heard at the November 25, 2019 meeting. Mr. Stack left the meeting at 4:25pm and returned at 4:27pm Ms. Suzawa stated she has a hard time giving up the current qualifications and doesn’t feel that having a hard time to fill the position is really a good enough reason to change the Charter. She feels a degree has a level of proof for the public, a level of executive skills would that require a degree as well. She’s not sure that the verbiage used in the proposal will suffice as qualications for the County Engineer and asked would you change the title if he doesn’t meet the qualifications for the County Engineer. Ms. Ching stated that the difficulty has been that for the past 50 years the County Engineer position has been vacant for a majority of those years. Oahu had a number of Engineers come in and say Charter Review Commission Open Session December 16, 2019 Page 9 SUBJECT DISCUSSION ACTION that they don’t want the qualification lessened, but none willing to accept the position. She feels that the Administration recognizes that it is serious to have the position vacant for so long, and if we are going to continue to go along in the same route we can’t expect a different result. We’ve had Deputies that have engineering degrees, but not the license. It is trying to look at getting a solution and recognizing the reality of the economy and where we are at that this has been a chronic vacancy and the salary would not be attractive to someone with a PE and needing to do something to fill the position. Ms. Suzawa asked what if the County Engineer wasn’t appointed and eliminate term limit and someone just applies for the position? Chair TenBruggencate asked if she was suggesting a civil service position. Ms. Suzawa is just thinking outside of the box, if it’s not an appointed position they could get raise in pay like everybody else. Ms. Ching feels that if you have someone good that’s great. There are people in high level civil service positions that are great, but then you have those that are not doing as well and because that Mr. Kawane stated that he feels that you need a licensed engineer for the County engineer. Ms. Suzawa also feels that a licensed engineer is needed for the County Engineer. Mr. Stack agrees that it is necessary. Ms. Koga doesn’t fell it’s needed, currently Lyle doesn’t have one and he’s managing everything, he’s more like a manager and has people under him that are engineers and he does all the other managerial stuff and it’s working and been working. Ms. Kapali stated there is a huge responsibility and feel that they need the engineer, but not Charter Review Commission Open Session December 16, 2019 Page 10 SUBJECT DISCUSSION ACTION necessarily registered. She expressed that the position needs someone with good leadership and strong management skills with an engineering background. She doesn’t necessarily believe that the title needs to change, they still need to have an engineering degree. She believes it would be in the best interest to put it out to the public to change the licensure requirement to engineering experience. Ms. Sandblom stated that she’s inclined to put it before the voters. Commissioners reviewed proposed language, registered engineer or someone with engineering experience plus other experience. Ms. Suzawa questioned if the 3 years of administrative experience is enough. Mr. Courson clarified that as a county attorney he looked to case law in regards to administrative. The Labor Review Board of Kauai has said that, “the test of whether an individual occupies a top level managerial administrative position includes measuring the duties of the position against the following criteria: 1) the level at and extent to which the individual exercises authority and judgement to direct employees, determine methods, means and personnel by which the employer’s operations are to be carried out; or 2) the extent to which the individual determines, formulates and effectuates his employer’s policies”. He stated that three (3) years of administrative is quite heavy, in the context of police and fire you are a captain, in the context of a lot of other you’re a departments you’re a division head, so where it seems like a little it’s actually not. Chair TenBruggencate suggested amending the proposed language and Mr. Courson recommended to him the following: “The county engineer shall be either a registered engineer or shall have had a minimum of five years training and experience in an engineering or an engineering related position. Additionally, the county engineer shall have at least three years in a responsible administrative capacity”. Commissioners discussed possibly changing the title to Director of Public Works and how the Charter Review Commission Open Session December 16, 2019 Page 11 SUBJECT DISCUSSION ACTION public will view it. Mr. Courson clarified that they would need to check on where there would be references to county engineer. Mayor Kawakami entered the meeting at 4:44pm and thanked the commission for their hard and express his appreciation for the time and effort that they give to the County of Kaua’i. Mayor Kawakami left at 4:46pm. Chair TenBruggencate restated the amended proposed language as amended. The county engineer shall be either a registered engineer or shall have had a minimum of five years training and experience in an engineering or an engineering related position. Additionally, the county engineer shall have been in a responsible administrative capacity for at least three years”. Mr. Courson left the meeting at 4:49pm Chair TenBruggencate opened discussion for the Water Manager, and stated that this proposal allows for a change to allow a requisite years of training and experience in an engineer related field as opposed to a duly registered engineer. The Commission commented on how the language is clearer in this proposal. Ms. Kapali noted that the language, the first sentence could be the same for the county engineer. Ms. Suzawa agreed and stated that she liked the word field rather than position. Ms. Sandblom moved to approve CRC 2019-21 amended proposed language for County Engineer. Ms. Suzawa seconded. Motion carried 7:0 Charter Review Commission Open Session December 16, 2019 Page 12 SUBJECT DISCUSSION ACTION Ms. Ching explained that both the county engineer and water manager proposals are trying to accomplish the same thing, the difference is in how the Charter is written. Chair TenBruggencate stated that what may be suggested is using this language in the county engineer. Ms. Ching stated that when too many changes people don’t like it, so it was trying to use what is already there and trying to accommodate the intent, the intent is the same. Chair TenBruggencate likes the suggestion that the change for county engineer would be the Mayor as the appointer and this said person shall be known as the public works manager and county engineer. He stated that it would be nice to have complimentary languages for the two chief engineering agencies in the County. Ms. Kapali commented that with the Water Department it has a board, and when look at the board it shall manage, control and operate. There is no board for county engineer, different structure. Ms. Ching stated that the intent is not to remove the qualification altogether but loosening up to broaden the pool of applicants. Ms. Suzawa suggested that she would like to see the languages of county engineer and water manager closer to each other. Ms. Sandblom moved to approve CRC 2019-21 amended proposed language for Water Manager. Ms. Koga seconded. Motion carried 7:0 Charter Review Commission Open Session December 16, 2019 Page 13 SUBJECT DISCUSSION ACTION Chair TenBruggencate offered to sit with staff and work on language to be presented to the County Attorney’s office to review and have both versions to review at next meeting. Ms. Suzawa moved to authorize the Chair to produce a second version of the county engineer language. Ms. Sandblom seconded. Motion carried 7:0 CRC 2019-11 Memorandum received from the Liquor Control Commission dated September 13, 2019 regarding proposed 2020 Charter Amendment. Chair TenBruggencate summarized the proposed amendment regarding term limits for board and commission members. Ms. Kapali moved to receive CRC 2019-11. Ms. Suzawa seconded. Motion carried 7:0 CRC 2019-14 Discussion and possible action on proposed language for amendment to Charter Section 9A.05, Vacancy in Office of Prosecuting Attorney. Chair TenBruggencate summarized the proposed amendment regarding a vacancy in the Office of the Prosecuting Attorney between six months and eighteen months into the term. Discussion if this is really needed. Chair TenBruggencate explained that all the proposals that the Commission decides not to put on the ballot and thought was a good idea will be referred to the Charter Commission that is in place after the election. Ms. Koga moved to approve CRC 2019-14. Ms Suzawa seconded. Motion carried Charter Review Commission Open Session December 16, 2019 Page 14 SUBJECT DISCUSSION ACTION 7:0 CRC 2019-20 Discussion and possible action to introduce a Charter amendment creating a department of Environmental Services and Information Technology Department. Ms. Ching reported that the Administration is considering withdrawing the IT Department, it was reviewed by the County Attorney. They are wanting to look at what priorities are and proposing two departments on one ballot and both may be jeopardized. Chair TenBruggencate directed the Commissioners to look at the proposal for Department of Environmental Services which would move sewers and solid waste to their own department. Commissioners discussed the proposal. Ms. Ching reported that with the difficulty they’ve had in recruiting a county engineer they want to follow the general direction of the Charter which is five years of experience. Ms. Suzawa related concern with not having a related field and no mention of solid waste or sewers. Chair TenBruggencate suggested under the second section, fourth line after word private business, it will say in a filed related to this departments duties. Remove or both and comma after private business. It would read, “The director of environmental services shall be appointed and may be removed by the mayor. The director of environmental services shall have had a minimum of five years of experience in a responsible administrative capacity, either in public service or private business, in a field related to this department’s duties, and shall be the administrative head of the department”. Ms. Koga moved to approve CRC 2019-20 Department of Environmental Services. Ms. Sandblom seconded. Ms. Koga amended the motion to approve CRC 2019-20 with the changes to the description of the director as stated by the Chair. Ms. Sandblom seconded the amendment. Motion carried 7:0 Charter Review Commission Open Session December 16, 2019 Page 15 SUBJECT DISCUSSION ACTION Chair TenBruggencate expressed that if Administration is not fully committed for the IT Department that the Commission shouldn’t bother and called for a motion. Ms. Koga moved to receive CRC 2019-20 Information Technology Department. Mr. Patrick seconded. Motion carried 7:0 CRC 2019-24 Establish the 2020 Meeting Schedule. Without objection the schedule was approved. CRC 2019-23 Election of Chair and Vice Chair for Calendar Year 2020. Mr. Suzawa moved to nominate Ms. Sandblom as Chair and Chair TenBruggencate as Vice Chair. Ms. Kapali seconded. Motion carried 7:0 Announcements Next meeting: Monday, January 27, 2020, 3:00 p.m., in the Mo’ikeha Building, Meeting Room 2A/2B. Adjournment With no objection, Chair TenBruggencate adjourned the meeting at 5:15 pm. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Anela Segreti, Administrative Specialist Marissa Sandblom, Chair Elect ( ) Approved as circulated. ( ) Approved with amendments. See minutes of ______ meeting. Charter 20.04. Disclosure. A. The mayor, councilpersons, managing director, all department, agency, and division heads and deputies, members of boards and commissions, the purchasing administrator, and [any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence] regulatoy employees shall, within thirty days of assuming office, file with the board a list of all real property within the county in which such person has any right, title, or interest, a list of all business firms which contract for county business in which such person has any interest, and all of such person’s places of employment, including part-time employment, all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses, and the names of persons represented before government agencies. Amendments to the list, including additions, deletions, or changes in title, interest in property or of employment, shall be made within thirty days of the occurrence of the amendment. The list shall be a matter of public record. (Amended 2008, 2010) CRC 2019-06 ARTICLE XXIX SALARY COMMISSION Section 29.01. Organization. There shall be a salary commission composed of seven members with the mayor and the council each appointing an equal number of members, and one additional member selected by the members previously appointed by the mayor and council. Members appointed by the mayor may be removed by the mayor with the approval of the council. Members appointed by the council may be removed by the council with the approval of the mayor. The one additional member selected by the previously appointed members may be removed by the mayor with the approval of the council. The salary commission shall [to] establish the maximum salaries of all elected and appointed officers as defined in section 23.01 D of this charter. (Amended 1988, 2006, 2012) Section 29.02. Policies. The commission shall adopt and, when it deems necessary, may change the policies governing its salary-setting decisions. (Amended 1988, 2006) Section 29.03. Resolution. The commission's salary findings shall be adopted by resolution of the commission [and forwarded to the mayor and the council] on or before March 15 of any calendar year. The resolution shall take effect without the mayor's and council's concurrence sixty days after its adoption by the commission [unless rejected by a vote of not less than five members of the council. The council may reject either the entire resolution or any portion of it]. The respective appointing authority may set the salary of an appointee at a figure lower than the maximum figure established by the salary commission for the position, provided that elected officers may voluntarily accept a salary lower than the maximum figure established by the salary commission for their position, or forego accepting a salary. (Amended 1988, 2006, 2012) Section 29.04. Rules. The commission shall establish its rules of procedures and adopt rules and regulations pursuant to law. (Amended 1988, 2006) Section 29.05. Changes in Salary. No change in the salary of councilmembers shall be effective during the term in which a change is enacted or for twenty-four months after a change is enacted, whichever is less. (Amended 1988, 2006) Section 29.06. Administration and Operation. The mayor and council shall provide an annual appropriation sufficient to enable the commission to secure clerical or technical assistance and pay other operational costs in the performance of its duties. (Amended 1988, 2006, 2012) CRC 2019-18 ARTICLE XIII DEPARTMENT OF PUBLIC WORKS Section 13.01. Organization. There shall be a department of public works consisting of a county engineer and the necessary staff. Section 13.02. County Engineer. The county engineer shall be appointed and may be removed by the mayor. The county engineer shall be either a registered engineer [and] or shall have had a minimum of five years of training and experience in an engineering or an engineering related position, at least three years of which shall have been in a responsible administrative capacity. (Amended in 1980) Section 13.03. Powers, Duties, and Functions. The county engineer shall be responsible for the administration of the department of public works and shall: A. Perform all engineering, designing, planning, and construction of all public facilities and improvements undertaken by the county. B. Maintain, repair, and upkeep all county facilities and improvements. C. Collect and dispose of garbage and refuse. D. Examine and enforce the construction requirements and standards of all public and private construction and improvements in accordance with the building code, subdivision code, or such other regulations as may be in effect in the county. E. Design, install, inspect, maintain, and repair all traffic signs, traffic control facilities and devices, and street lighting systems. F. Perform such other duties as may be assigned by the mayor or prescribed by law. CRC 2019-21 ARTICLE XIII DEPARTMENT OF PUBLIC WORKS Section 13.01. Organization. There shall be a department of public works consisting of a county engineer and the necessary staff. Section 13.02. County Engineer. The county engineer shall be appointed and may be removed by the mayor. [The county engineer shall be]The mayor shall appoint a duly registered engineer or a person with extensive experience in an engineering related field. Said person shall be known as the Manager of Public Works and County Engineer, and shall have [had] a minimum of five years of training and experience in an engineering position or related field, at least three years of which shall have been in a responsible administrative capacity. (Amended in 1980) Section 13.03. Powers, Duties, and Functions. The county engineer shall be responsible for the administration of the department of public works and shall: A. Perform all engineering, designing, planning, and construction of all public facilities and improvements undertaken by the county. B. Maintain, repair, and upkeep all county facilities and improvements. C. Collect and dispose of garbage and refuse. D. Examine and enforce the construction requirements and standards of all public and private construction and improvements in accordance with the building code, subdivision code, or such other regulations as may be in effect in the county. E. Design, install, inspect, maintain, and repair all traffic signs, traffic control facilities and devices, and street lighting systems. F. Perform such other duties as may be assigned by the mayor or prescribed by law. CRC 2019-21 Section 20.05. Board of Ethics. D. It shall be the function of the board: (2) To render advisory opinions or interpretations with respect to application of the code on request. All requests for advisory opinions shall be [answered within forty-five days of its filing and failure to submit an advisory opinion within said forty-five days shall be deemed a finding of no breach of the code.]rendered pursuant to a written request of any elected or appointed officer or employee. Opinions rendered [or deemed rendered] shall be binding on the board in any subsequent charges concerning the officer or employee of the county until said opinion is amended or revoked by the board. (Amended 2010) CRC 2020-01