HomeMy WebLinkAbout2020_0807_CRC Agenda PacketMarissa Sandblom Commissioners:
Chair Virginia Kapali
Jan TenBruggencate Carol Suzawa
Vice Chair Patrick Stack
Lori Koga
Reid Kawane
COUNTY OF KAUA'I CHARTER REVIEW COMMISSION
NOTICE OF SPECIAL TELECONFERENCE AND AGENDA
Friday, August 7, 2020
3:00 p.m. or shortly thereafter
Microsoft Teams Audio: +1 469-848-0234, Conference ID: 509 676 956#
This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited
to join this meeting by calling the number above with the conference ID information. You may testify
during the video conference or submit written testimony in advance of the meeting via e-mail, fax, or
mail. To avoid excessive noise/feedback, please mute your microphone except to testify.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Open Session Minutes of June 22, 2020
Open Session Minutes of June 29, 2020
PUBLIC TESTIMONY
COMMUNICATION
CRC 2020-19 Communication received from Jade Fountain-Tanigawa dated June 26, 2020
regarding Council Items Referred to the Charter Review Commission.
CRC 2020-20 Communication received from Jade Fountain-Tanigawa dated July 20, 2020
regarding County of Kaua`i Charter Amendment Ballot Questions: 2020 General
Election.
BUSINESS
CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to
Council Districting.
CRC 2020-19 Discussion and possible action on communication received from Jade
Fountain-Tanigawa dated June 26, 2020 regarding Council Items Referred to
the Charter Review Commission.
Charter Review Commission – August 7, 2020 2 | Page
CRC 2020-18 Discussion and possible action on a Commentary by Commission to The
Garden Island Newspaper.
CRC 2020-13 Discussion and possible action on plan for public education.
ANNOUNCEMENTS
Next Meeting: Monday, August 24, 2020, 3:00 p.m., by teleconference
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 Teresa Tumbaga
An Equal Opportunity Employer
PUBLIC COMMENTS and TESTIMONY
SPEAKER REGISTRATION
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number, and agenda item via email at asegreti@kauai.gov; or by calling 808-241-4917.
On the Day of the Meeting: Persons who have not registered to testify by the time the
Commission meeting begins will be given the opportunity to speak on an item following oral
testimonies of registered speakers.
Each speaker is limited to a three-minute presentation on each item.
WRITTEN TESTIMONY
Prior to the Day of the Meeting: Testimony may be emailed: asegreti@kauai.gov faxed: 808-241-
5127, or mailed: County of Kauai, Office of Boards and Commissions, Board of Ethics, 4444 Rice
St., Ste. 300, Lihue, HI 96766.
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COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission: CHARTER REVIEW COMMISSION Meeting Date June 22, 2020
Location Teleconference Start of Meeting: 3:05 p.m. End of Meeting: 3:55 p.m.
Present Vice Chair Jan TenBruggencate. Commissioners: Lori Koga, Patrick Stack, Carol Suzawa, Reid Kawane. Also: Teresa Tumbaga,
Deputy County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti.
Excused Chair Marissa Sandblom, Commissioner Virginia Kapali
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Sandblom, and Commissioner Kapali are excused. Vice Chair TenBruggencate
called the meeting to order at
3:03 p.m.
Roll Call Vice Chair TenBruggencate
reviewed the list of
participants on the
teleconference and
confirmed quorum with 5
commissioners present.
Agenda Vice Chair TenBruggencate asked if any amendments to agenda. Hearing none the agenda
stood approved as submitted.
Minutes Open Session Minutes of May 18, 2020
Without objection the open
session minutes of May 18,
2020 stand approved.
Public
Testimony
Verbal and Written testimony was received on item CRC 2020-17 regarding council
districting.
Donovan Cabebe provided verbal as well as written testimony (on file) in support of CRC
2020-17, council districting.
Bert Lyon provided verbal testimony to consider having more districts than the proposed three,
No Action
Charter Review Commission
Open Session
June 22, 2020 Page 2
SUBJECT DISCUSSION ACTION
possibly 6, and having voters vote by district.
Communication CRC 2020-14 Memorandum received on June 2, 2020 from Felicia Cowden, Councilmember,
regarding a request for Ellen Ching, Boards and Commissions Administrator, to provide a
briefing on the proposed amendments to the Kaua’i County Charter to the County Council at
the June 17, 2020 Committee of the Whole Meeting.
Vice Chair TenBruggencate informed the Commissioners that Ms. Ching provided a briefing
at the Council meeting and that he was also in attendance on-line. He recommended receiving
the communication.
Commissioner Stack moved
to receive CRC 2020-14.
Commissioner Suzawa
seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
CRC 2020-15 Confidential communication from Deputy County Attorney Teresa Tumbaga
relating to CRC-2019-05 proposing an amendment to Charter Section 11.04 relating to the
minimum requirements for the position of Chief of Police.
Vice Chair TenBruggencate asked Deputy County Attorney Tumbaga if the confidential
communication could be discussed publicly.
Ms. Tumbaga replied that the Commission could if they want to.
Vice Chair TenBruggencate entertained a motion to waive the privilege.
Ms. Tumbaga summarized her memo, explaining the previously approved language and
amendments that made the language ambiguous. She offered three edits to clear up the
ambiguity for the Commission to consider.
Vice Chair TenBruggencate stated that a special meeting will need to be held to finalize
Commissioner Kawane
moved to waive confidential
privilege for CRC 2020-15
and discuss. Commissioner
Suzawa seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
Commissioner Kawane
Charter Review Commission
Open Session
June 22, 2020 Page 3
SUBJECT DISCUSSION ACTION
language on this and other items. He suggested that this be discussed at that special meeting
which will be open to the public on a date to be determined.
moved to discuss this item at
a special meeting, date to be
determined. Commissioner
Koga seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
Business Ms. Ching summarized testimony received prior to today’s meeting:
•Written testimony from Norma Sparks, Donovan Cabebe, Steven Sparks, Joel Guy in
favor of the amendment regarding districts.
•Written testimony from Dana Bekeart wanting amendments.
•Testimony from Alan Parker in favor of all of the proposed charter amendments.
•Testimony from Carol Beardmore against districts.
•Testimony from Marge Dente with concerns about districts.
Vice Chair TenBruggencate recommended that the items be added to the agenda for the next
meeting so that they are available to be reviewed by the public. Commissioner Suzawa
moved to add the testimonies
received for this item to the
agenda for the next meeting
to be part of the discussion.
Commissioner Kawane
seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
CRC 2020-16 Update and discussion on response to Councilmember Cowden’s request for a
briefing on proposed Amendments to the Kaua’i County Charter. Commissioner Suzawa
Charter Review Commission
Open Session
June 22, 2020 Page 4
SUBJECT DISCUSSION ACTION
Ms. Ching shared that the briefing went smoothly, but there were a couple of amendments
proposed by Council members, specifically to the Water Manager and County Engineer. She
asked to put those two on the next agenda for the Commission to hear the amendments proposed
by Council members.
Vice Chair TenBruggencate asked staff to schedule special meeting.
moved to receive CRC 2020-
16. Commissioner Kawane
seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to Council
Districting.
Vice Chair TenBruggencate noted that he heard two additional callers join the meeting and opened
public testimony. Randy Francisco and Jonathan Jay were asked if they had testimony to present.
Mr. Francisco declined.
Mr. Jay provided testimony in support of the proposal for Council Districting and letting the
voters decide.
Mr. Lyon commented that it would be advantages for the Commission decide to place the proposal
on the ballot, he asked that they allow for two competing proposals on the ballot. 3 districts vs. 6
districts, including 1 at large.
Vice Chair TenBruggencate stated that in the past the County Attorney has said that could not be
done. He asked Ms. Tumbaga to take judicial notice and that she may get a request on if and how
to do that.
Mr. Jay clarified that there was concern on the proposal regarding the residency requirement,
living in the district, and he wants to strike that language from the proposal due to the unintended
consequence.
Commissioners discussed next steps for this item.
Charter Review Commission
Open Session
June 22, 2020 Page 5
SUBJECT DISCUSSION ACTION
Vice Chair TenBruggencate suggest to defer this item if Commission is not ready to take action.
Commissioner Koga moved
to defer CRC 2020-17 to the
next meeting. Commissioner
Suzawa seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
CRC 2020-18 Discussion and possible action on a Commentary by Commission to The Garden
Island Newspaper.
Ms. Ching discussed with Commission the suggestion to do a commentary to The Garden Island
Newspaper as part of public education. She shared that Vice Chair TenBruggencate has offered to
draft a commentary to be run before the ballots go out. The Commission will have time to review,
discuss and vote on the commentary.
For the record Vice Chair TenBruggencate stated that if there are nay votes he will ask for a roll
call vote.
Commissioner Suzawa
moved to defer CRC 2020-
18 to the next meeting.
Commissioner Koga
seconded.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
CRC 2020-13 Discussion and possible action on plan for public education.
Ms. Ching reported that the Boards and Commissions Office has put in a robust budget item for
the Charter amendments for digital public education materials. It will be based on approval of the
budget and she will report back at that time.
Vice Chair TenBruggencate took judicial notice that the County is in the middle of the COVID-19
crisis and anticipates a drop in revenue and so the Commission should watch their spending with
the knowledge that they have a mission to make sure the public understands what they are
voting on.
Commissioner Koga moved
to defer CRC 2020-18.
Commissioner Stack
seconded.
Charter Review Commission
Open Session
June 22, 2020 Page 6
SUBJECT DISCUSSION ACTION
Vice Chair TenBruggencate recommended deferral and call for a motion.
Voice Vote:
Ayes-5 Nays-0
Motion carried 5:0
Announcements Next meeting: Monday, July 27, 2020, 3:00 p.m., Teleconference
Vice Chair TenBruggencate noted that there may be a special meeting prior to this regularly
scheduled meeting.
Adjournment Vice Chair TenBruggencate hearing no objections adjourned the meeting. Vice Chair TenBruggencate
hearing no objections
adjourned the meeting at
3:55pm.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Jan TenBruggencate, Vice Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of meeting.
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission: CHARTER REVIEW COMMISSION Meeting Date June 29, 2020
Location Teleconference Start of Meeting: 12:12 p.m. End of Meeting: 2:46 p.m.
Present Chair Marissa Sandblom, Vice Chair Jan TenBruggencate. Commissioners: Virginia Kapali, Lori Koga, Patrick Stack, Carol Suzawa,
Reid Kawane. Also: Teresa Tumbaga, Deputy County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching,
Administrative Specialist Anela Segreti.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Sandblom called the
meeting to order at 3:03 p.m.
Roll Call Chair Sandblom requested a roll call.
Roll Call:
Commissioner Kapali-here
Commissioner Kawane-here
Commissioner Koga-here
Commissioner Stack-present
Commissioner Suzawa-here
Vice Chair TenBruggencate-
here
Chair Sandblom-here
Quorum -seven
commissioners present
Agenda Chair Sandblom entertained a motion to approve the agenda. Vice Chair TenBruggencate
moved to approve the agenda
as it stands. Commissioner
Kawane seconded.
Voice vote:
7 ayes, 0 nays
Motion carried 7:0
Charter Review Commission
Open Session
June 29, 2020 Page 2
SUBJECT DISCUSSION ACTION
Public
Testimony
Verbal and Written testimony was received on item CRC 2020-17 regarding council
districting.
Donovan Cabebe provided verbal testimony in support of CRC 2020-17, council districting,
asking Commission to put proposed amendment submitted (on file) on the ballot.
Bert Lyon verbally read his written testimony (on file) regarding CRC 2020-17.
Commissioners asked questions of Mr. Lyon regarding clarification of recommended districts
and variance.
Mr. Lyon’s responded with his rationale for dividing districts as he did, taking into account
density and commonality using 2010 census.
Commissioner Kawane shared a screen shot of what happened in 2018 on the house votes that
showing the population per district and the registered voters which is fairly even.
Chair Sandblom shared that what was being shared showed that District 14 has 15,369 voters,
District 15 has 14,662, and District 16 has 14,430 with percent registered turnout in 2018 at
56%, 53%, 58% respectively.
Mr. Cabebe commented that the three districting is not so concerned with geographic equality
but with population equality.
Mr. Lyon responded that any number of districts other that three would require a reapportion
of districts.
Mr. Cabebe stated that the proposal he presented would be a simple transition.
No Action
Communication None No Action
Business CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to Council
Charter Review Commission
Open Session
June 29, 2020 Page 3
SUBJECT DISCUSSION ACTION
Districting.
Vice Chair stated that the Commission should study this item, and develop thoughts about which
districting amendment should go on. He stated that they are not able to put multiple proposals on,
they need to pick the one that they feel is the best for the general public to vote on. He stated that
it should stay on the agenda and consider public meetings to gather more of the range of ideas.
Mr. Cabebe clarified that the proposal he submitted does not have an At-large member in response
to Commissioner Stack’s question.
Vice Chair TenBruggencate
moved to defer CRC 2020-
17 to the next meeting and
keep on the agenda.
Commissioner Stack
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Motion carried 7:0
CRC 2019-05 Discussion and possible action on amendments to the proposed language to Charter
Section 11.04 relating to the minimum requirements for the position of Chief of Police, ballot
question, and educational material.
Teresa Tumbaga, Deputy County Attorney, went over the amendment edits and three suggestions
to clear up the ambiguity (on file).
Charter Review Commission
Open Session
June 29, 2020 Page 4
SUBJECT DISCUSSION ACTION
Commission discussed the suggestions presented regarding the ballot question and Charter
language.
Vice Chair TenBruggencate supported the second option.
Commissioner Kapali suggested stating and college educational requirements or bachelors degree
instead of plus educational requirements in the ballot question.
Ms. Tumbaga corrected the ballot question 10 years to 15 years.
Ms. Ching stated that this will be the last time that the amendments will be before the Commission
and that they will be transmitted to the County Clerk after this. She suggested voting on each item
separately.
Commissioners discussed educational material regarding 15-year work history and possible need
to have the years of experience described add up. Commissioners found it to be clear.
Commissioner Suzawa
moved to accept suggestion
#2 for the Charter language
for CRC 2019-05. Vice
Chair TenBruggencate
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- nay
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-1
Motion carried 6:1
Vice Chair TenBruggencate
moved that the ballot
question read Shall police
chief qualifications (Section
11.04) be increased to
require 15 years law
enforcement experience and
a bachelor’s degree?
Commissioner Kapali
seconded.
Charter Review Commission
Open Session
June 29, 2020 Page 5
SUBJECT DISCUSSION ACTION
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- nay
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-1
Motion carried 6:1
Commissioner Kapali moved
to accept educational
material for CRC 2019-05.
Vice Chair TenBruggencate
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- nay
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-1
Charter Review Commission
Open Session
June 29, 2020 Page 6
SUBJECT DISCUSSION ACTION
Motion carried 6:1
CRC 2019-06 Discussion and possible action on amendments to the proposed language to
Charter Section 20.04 relating to who must file a disclosure statement, ballot question, and
educational material.
Ms. Tumbaga went over her edits of the ballot question, charter language and educational
material.
Commissioner Kapali expressed her concern on the ballot question matching the changes of the
Charter language and include the addition of the heads and deputies of all departments, agencies,
and divisions.
Ms. Ching clarified that the language is being amended to include those that are already
completing disclosures and the ballot question did not include them for brevity.
Vice Chair TenBruggencate
moved to approve the new
language as proposed and
including the minor changes
to the ballot question, the
charter language and the
educational material to defer
CRC 2019-06.
Commissioner Kawane
seconded.
Vice Chair TenBruggencate
withdrew his motion.
Commissioner Kawane
withdrew his second.
Vice Chair TenBruggencate
moved to approve a ballot
question that reads, “Shall
the list of county officials
required to file ethics
disclosures (Section 20.04)
be expanded to include the
managing director, agency
and division heads, and
regulatory employees?”
Commissioner Kapali
Charter Review Commission
Open Session
June 29, 2020 Page 7
SUBJECT DISCUSSION ACTION
Commissioner Kapali questioned Nicholas Courson’s previous memo regarding using confidential
vs. not be open to public inspection.
Ms. Tumbaga reviewed Mr. Courson’s memo regarding using confidential.
Commissioners discussed regulatory employees and union involvement.
Chair Sandblom entertained a motion regarding the charter language.
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Motion carried 7:0
Vice Chair TenBruggencate
moved to approve the
Charter language proposed
by the Deputy County
Attorney for CRC 2019-06
which includes the word
shall after regulatory
employees and keeping
everything else as is.
Commissioner Kawane
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Charter Review Commission
Open Session
June 29, 2020 Page 8
SUBJECT DISCUSSION ACTION
Chair Sandblom entertained a motion regarding the educational material.
Commissioner Stack- nay
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Motion carried 7:0
Vice Chair TenBruggencate
moved to approve the
educational material for CRC
2019-06 as proposed by
Deputy County Attorney
which includes changes in
material heading and minor
changes in subsequent
language. Commissioner
Kawane seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Charter Review Commission
Open Session
June 29, 2020 Page 9
SUBJECT DISCUSSION ACTION
Motion carried 7:0
CRC 2019-21 A Discussion and possible action on amendments to the proposed language to
Charter Section 13.02 relating to the minimum requirements for the position of County Engineer,
ballot question, and educational material.
Ms. Tumbaga went over the edits, adding also to the ballot question, may but is not required to,
instead of shall to the charter language.
Ms. Ching explained that Council made some suggestions to clarify and to leave in registered
engineer and that is reflected in the edits.
Commissioner Kapali referred to Mr. Courson’s memo of Feb. 13, 2020 suggesting adding civil or
structural engineer.
Ms. Ching shared she is comfortable with going with a registered engineer and not stipulating as
she is confident the hiring body will be rigorous in review of qualifications. She shared that they
are looking for a manager with engineering experience.
Vice Chair TenBruggencate stated he would vote against the motion as he does not feel the word
“also” is needed.
Commissioner Kapali moved
to approve CRC 2019-21A
edited ballot question to read
as such, “Shall an individual
who has extensive work and
supervisory experience in an
engineering or related field
also be qualified to serve as
the County Engineer, head of
the Department of Public
Works?’ Commissioner
Suzawa seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
Charter Review Commission
Open Session
June 29, 2020 Page 10
SUBJECT DISCUSSION ACTION
Ms. Ching again stated that the charter language edited version is based on comments from
Council members.
nay
Chair Sandblom- nay
Ayes-5 Nays-2
Motion carried 5:0
Vice Chair TenBruggencate
moved to approve CRC
2019-21A edited charter
language, in the second
sentence, “The county
engineer may but is not
required to be a registered
engineer,”. Commissioner
Suzawa seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Motion carried 7:0
Charter Review Commission
Open Session
June 29, 2020 Page 11
SUBJECT DISCUSSION ACTION
Vice Chair TenBruggencate
moved to approve the
previously approve language
for the educational material.
Commissioner Kawane
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa- aye
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-7 Nays-0
Motion carried 7:0
CRC 2019-21 C Discussion and possible action on amendments to the proposed language to
Charter Section 17.04 relating to the minimum requirements for the position of Manager and Chief
Engineer of the Department of Water, ballot question, and educational material.
Ms. Tumbaga went over the edits.
Commissioner Kapali clarified that if motion approved it will go through it will be the original
ballot question with the insertion of Supply before the question mark. She shared her concern of
consistency between the two similar amendments. She will not vote on the motion because it is
Charter Review Commission
Open Session
June 29, 2020 Page 12
SUBJECT DISCUSSION ACTION
not consistent with CRC 2019-21 A.
Ms. Tumbaga gave another suggestion, “Shall an individual who has extensive work and
supervisory experience in an engineering or related field, but is not a registered engineer, be
qualified …” That will show that it’s opening up to someone that does not have a license would
qualify and make it more clear.
Vice Chair TenBruggencate offered a suggestion, “Shall an individual who is a registered engineer
or has extensive experience in an engineering or related field be qualified to serve as manager and
chief engineer of the Department of Water Supply?”
Ms. Suzawa shared concern that someone might read it that there is not a registered engineer and
what is happening is to expand the qualifications.
Ms. Tumbaga suggested, “Shall an individual who is not a registered engineer but has extensive
work and supervisory experience be qualified to serve as manager …”
Commissioners continued discussion on clarifying the question so that voters understand that
qualifications currently state a registered engineer and that what is being added is that someone
who has extensive experience in an engineering or related field and is not a registered engineer
would qualify for manager and chief engineer of the Department of Water Supply.
Vice Chair TenBruggencate
moved to approve CRC
2019-21 C with the single
edit to read, “Shall an
individual who has extensive
work and supervisory
experience in an engineering
or related field be qualified
to serve as manager and
chief engineer of the
Department of Water
Supply?. Commissioner
Koga seconded.
Vice Chair TenBruggencate
withdrew his motion.
Commissioner Koga
withdrew her second.
Vice Chair TenBruggencate
moved to approve CRC
2019-21 C revised ballot
question to read, “Shall an
individual who is a registered
engineer or has extensive
work and supervisory
experience in an engineering
or related field be qualified
to serve as manager and
Charter Review Commission
Open Session
June 29, 2020 Page 13
SUBJECT DISCUSSION ACTION
Commissioner Suzawa commented on the second edit that added extra verbiage to the charter
language and is not in the language for county engineer.
Commissioner Suzawa left the meeting at 2:03pm.
Ms. Ching acknowledged that a section was put back in to address concerns of the council.
chief engineer of the
Department of Water
Supply?” Commissioner
Kapali seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack-
abstained
Commissioner Suzawa- nay
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-5 Nays-1 Abstain-1
Motion carried 5:1:1
Vice Chair TenBruggencate
moved to approve the edited
charter language of CRC
2019-21 C and all the
language therein.
Commissioner Kapali
seconded.
Charter Review Commission
Open Session
June 29, 2020 Page 14
SUBJECT DISCUSSION ACTION
Chair Sandblom entertained a motion on CRC 2019-21 C educational material which has no
changespreviously approved.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack-
abstained
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
Vice Chair TenBruggencate
moved to approve the
educational material as it
stands.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Charter Review Commission
Open Session
June 29, 2020 Page 15
SUBJECT DISCUSSION ACTION
Vice Chair TenBruggencate stated that he will be voting against the motion as he prefers not
being consistent to being unclear.
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
Commissioner Kapali moved
to amend the ballot question
for CRC 2019-21 C to read,
“Shall an individual who has
extensive work and
supervisory experience in an
engineering or related field
also be qualified to serve as
manager and chief engineer
of the Department of Water
Supply?” Commissioner
Koga seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
nay
Chair Sandblom- nay
Ayes-4 Nays-2 Excused-1
Motion carried 4:2:1
Charter Review Commission
Open Session
June 29, 2020 Page 16
SUBJECT DISCUSSION ACTION
CRC 2019-14 Discussion and possible action on amendments to the proposed language to Charter
Section 9A.05 relating to a vacancy in the Office of Prosecuting Attorney, ballot question, and
educational material.
Ms. Tumbaga went over edits, including addition of section B to the charter language for clarity.
Vice Chair asked for further clarification of edits to the charter language from Ms. Tumbaga that
the language highlighted in the two places at beginning and section B are not changes, and in the
charter and added for context.
Vice Chair TenBruggencate
moved to approve the edited
ballot question for CRC
2019-14. Commissioner
Kapali seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
Vice Chair TenBruggencate
moved to approve as
amended that the charter
Charter Review Commission
Open Session
June 29, 2020 Page 17
SUBJECT DISCUSSION ACTION
Chair Sandblom entertained a motion on the educational material.
Commission discussed the use of could versus shall. Ms. Tumbaga had no objection to using the
word shall in the educational material.
language for CRC 2019-14
with language that is
currently in the charter and
the change of a year to
eighteen months.
Commissioner Kapali
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
Vice Chair TenBruggencate
moved to approve the edited
educational material for CRC
2019-14 with an amendment
in the last sentence of the
second paragraph changing
the work could to shall.
Commissioner Kawane
seconded.
Charter Review Commission
Open Session
June 29, 2020 Page 18
SUBJECT DISCUSSION ACTION
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
CRC 2019-04 Discussion and possible action on amendments to the proposed language to Charter
Section 23.06 relating to notice of Claims against the County, ballot question, and educational
material.
Ms. Tumbaga informed the Commission that the “the” is in the charter and added.
Vice Chair TenBruggencate
moved to adopt the language
as proposed for the ballot
question, charter language
and educational material for
CRC 2019-04.
Commissioner Kawane
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
Charter Review Commission
Open Session
June 29, 2020 Page 19
SUBJECT DISCUSSION ACTION
excused
Vice Chair TenBruggencate-
aye
Chair Sandblom- aye
Ayes-6 Nays-0 Excused-1
Motion carried 6:0:1
Vice Chair asked the Commission whether they wanted to reconsider the language for the county
engineer so that it matches the water manager for consistency.
Commissioners discussed that consistency between the two amendments simplifies things for the
voters.
Commission discussed the process to reconsider the motion.
Ms. Ching asked the Commission to leave it the way it is. She emphasized the need to get
applicants to fill positions and the simpler the question the better chance for it to pass.
Commissioner Kapali moved
to reconsider the ballot
question of CRC 2019-21 C.
Commissioner Kawane
seconded.
Roll Call Vote:
Commissioner Kapali-aye
Commissioner Kawane- aye
Commissioner Koga- aye
Commissioner Stack- aye
Commissioner Suzawa-
excused
Vice Chair TenBruggencate-
nay
Chair Sandblom- aye
Ayes-5 Nays-1 Excused-1
Motion carried 5:1:1
Charter Review Commission
Open Session
June 29, 2020 Page 20
SUBJECT DISCUSSION ACTION
CRC 2020-18 Discussion and possible action on a Commentary by Commission to The Garden
Island Newspaper.
Vice Chair wrote an op ed for the Garden Island Newspaper regarding the six amendments. It
was not made a part of the packet and will be included for next months meeting.
Commissioners discussed the districting proposal and that it will not be on the ballot this year and
not part of the commentary.
CRC 2020-13 Discussion and possible action on plan for public education.
Ms. Ching will give an update at next month’s meeting on this item.
Announcements Ms. Ching, Vice Chair TenBruggencate, Chair Sandblom thanked the Commission and staff for
the work done on proposed charter amendments for the ballots.
Next meeting: Monday, July 27, 2020, 3:00 p.m., Teleconference
Adjournment Chair entertained a motion to adjourn. Commissioner Kawane
moved to adjourn.
Commissioner Kapali
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Meeting adjourned at
2:46pm.
Charter Review Commission
Open Session
June 29, 2020 Page 21
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Marissa Sandblom, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of meeting.
CRC 2020-19
JADE K. FOUNTAIN.TAI\IIGAWA
County Clerk
Telephone: (808) 241-4800
TTY: (808) 241-5116
SCOTT K. SATO
Deputy County Clerk
Facsimile: (808) 24 1 -6207
E-mail: elections@kauai. gov
ELECTIONS DN'ISION
OFFICE OF THE COTINTY CLERK
4386 RICE STREET, SUITE IOI
LIHU'E, KAUA'I, HAWAI'I 96766
JuIy 20, 2020
BOARDS & COMMISSIONS
Dear Mr. Nago
BE: COUNTY OF KAUA.I CHARTER AMENDMENT BALLOT
QUESTIONS: 2020 GENERAL ELECTION
Pursuant to Hawai'i Revised Statutes (HRS) Section 11-119 and Kaua'i
County Charter (Charter) Article XXXIV, transmitted for inclusion on the 2020
General Election ballot are questions from the County of Kaua'i Charter Review
Commission.
The enclosed text of Charter Amendments and ballot questions include six (6)
Charter Amendment proposals from the County of Kaua'i Charter Review
Commission. The six (6) total proposed Charter Amendments are submitted in the
order which the ballot questions should appear on the 2020 General Election ballot.
Should you have any questions, please feel free to contact the Office of the
County Clerk, Elections Division at (808) 241-4800. Thank you for your attention to
this matter.
JAD FOUNTAIN-TANIGAWA
AN EQUAI OPPORTI.'NITY EMPLOI'ER
RECEIVED
JUL 22 2g2g
The Honorable Scott T. Nago
Chief Election Officer
State of Hawai'i, Office of Elections
802 Lehua Avenue
Pearl City, Hawai'i 96782
County Clerk, County of Kaua'i
Enclosure
cc: Arryl Kaneshiro, Counci-I Chair
and Members of the Kaua'i County Council
Marissa Sandblom, Chair
and Members of the County of Kaua'i Charter Review Commission
Ellen Ching, Boards & Commissions Administrator
OfEce of the County Clerk, Elections Division
CRC 2020-20
COUNTY OF KAUA'I
2O2O CHARTER AMENDMENT BALLOT OUESTIONS
Proposal #1 Relating to Negligence Claims.
Ballot Question 1:
Shall Section 23.06, establishing a time limit for negligence
claims against the county, be amended to comply with state law?
Proposal #2 Relating to Police Chief Qualifications.
Ballot Question 2:
Shall police chief qualifications (Section 11.04) be increased to
require fifteen (15) years law enforcement experience and a
Bachelor's Degree?
Proposal #3 Relating to Ethics Disclosures.
Ballot Question 3:
Shall the list of county offrcials required to file ethics disclosures
(Section 20.04) be expanded to include the managing director,
agency and division heads, and regulatory employees?
Proposal #4 Relating to Prosecutor Vacancy
Ballot Question 4:
Shall the mayor, with the approval of the Council, fill a vacancy
of less than 18 months in the Prosecuting Attorney's position if a
frrst deputy is unable to fill the position (Section 9A.05X
Proposal #5 Relating to County Engineer Qualifications.
Ballot Question 5:
Shall an individual who has extensive work and supervisory
experience in an engineering or related field also be qualified to
serve as the County Engineer, head of the Department of Public
Works?
Proposal #6 Relating to Water Board Manager Qualifications
I
Ballot Question 6:
Shall an individual who has extensive work and supervisory
experience in an engineering or related field also be qualified to
serve as manager and chief engineer of the Department of Water
Supply?
WRITTEN
PUBLIC
TESTIMONY
RECEIVED
FOR CRC
2020-17
Personal information has been
redacted.
From:
To:Anela Segreti
Subject:Opposed to Council Districting being on Nov. ballot
Date:Monday, June 22, 2020 12:07:35 PM
CAUTION: This email originated from outside the County of Kauai. Do not click links or
open attachments even if the sender is known to you unless it is something you were
expecting.
Aloha:
I would like to voice my opposition to Council Districting being on the November ballot.
This issue has come up many times in the past and each time it is rejected because most of us
don't want it.
I am opposed to Council Districting anyway, I prefer all At Large. Very often when I vote for
the Council members, I only select a few as I don't think the rest would be a good choice. At
least now, we do have all seven who represent us all. Imagine if my District person(s) would
be like someone who shall remain nameless but who is sitting in jail right now. And if the
only Council member I think is doing a good job is representing a district other than mine. Just
a bad idea all around.
I also find it troublesome that Districting is being touted and supported by someone who is
running for County Council. That would seem to be a conflict to me - he must have a ton of
relatives in his district.............
Right now I am stuck with a Representative for my district for whom I have never voted as I
think he does not do a good job. But I have no choice as he is my district. I certainly don't
need a repeat of that at the Council level.
I respectfully request that this item NOT be placed on the ballot again. Been there, done that.
Mahalo nui loa
Carol Beardmore
Virus-free. www.avast.com
From:
To:Anela Segreti
Subject:CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to Council Districting
Date:Monday, June 22, 2020 12:37:44 AM
CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
June 21, 2020
TO:
County of Kauai
Charter Review Commission {CRC}
RE: Monday, June 22, 2020, Agenda Item
CRC 2020-17 Discussion and possible action on proposed Charter amendment
relating to Council Districting.
Thank you for allowing me and the CabebeCan team to present our
briefing and testimony. I support the adoption of districts for Kauai
County, increasing the number of seats on the Kauai County Council from
the current seven-members to a nine-member council, with each district
electing three members to represent each district.
This amendment is all about providing our community fair and equitable
representation and access to government. Its a step in the direction of
bringing better, more efficient governance to our island.
Adopting state districting policy allows Kauai County Council Members
to function in sync with state representatives.
Increasing the council to nine seats increases opportunities for
community members to participate in local governance and elect district
focused representation. It increases the lines of communication between
community members to our administrative bodies.
One additional point to consider is that there are no budget
increases as the current funds allocated to council payroll would be
dispersed amongst the nine members.
I believe we all can agree that now is the time to take action on what
the community has considered and reconsidered before. That we can not
return to a pre covid 19 world and that the general public's perception
of government is that it is often unresponsive to the needs, wishes, and
desires of the community. Allowing this amendment to go before the
voters will show that the government is willing to work with people
willing to take action now and not get in the way of where the
government should get its guidance. The People. Why wait till later or
sometime next year or beyond? Smart, logical, and well-planned action
can be taken now. This proposal is well planed, sensible, and
intelligent. It can help revitalize our economy, Respectfully, let the
voters have a say in this matter.
Sincerely yours,
Donovan Kanani Cabebe
From:
To:Anela Segreti
Subject:CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to Council Districting Date:
2020-06-22 00:37
Date:Monday, June 22, 2020 2:33:45 PM
CAUTION: This email originated from outside the County of Kauai. Do not click links or
open attachments even if the sender is known to you unless it is something you were
expecting.
Subject: CRC 2020-17 Discussion and possible action on proposed Charter amendment
relating to Council Districting
Date: 2020-06-22
June 21, 2020
TO:
County of Kauai
Charter Review Commission {CRC}
RE: Monday, June 22, 2020, Agenda Item
CRC 2020-17 Discussion and possible action on proposed Charter amendment relating to
Council Districting.
I support the adoption of three districts for Kauai County, increasing the number of seats on
the Kauai County Council from the current seven-members to a nine-member council, with
each district electing three members to represent each district.
I support equitable representation and access to government that represents each district.
Adopting state districting policy allows Kauai County Council members to function in sync
with state representatives and allow for more meaningful partnerships and opportunities for
community engagement in those partnerships.
I also support that there are no budget increases as the current funds allocated to council
payroll would be dispersed amongst the nine members.
In 2006 a districting proposal came. Wry close to passing but it was complicated. This
proposal provides for direct representation in a less complicated system that is in sync with
state representation districts.
Please consider this proposal and let voters chose if districting is a better representation of our
community.
Sincerely,
Kathleen Horgan
County of Kauaʻi
From: Tina Sakamoto
Sent: Monday, June 22, 2020 4:28 PM
To: Mayor <Mayor@kauai.gov>
Subject: Fw: Testimony in Opposition to Distric Elections-
CAUTION: This email originated from outside the County of Kauai. Do not
click links or open attachments even if the sender is known to you unless it
is something you were expecting.
Attempting to submit testimony. Please forward to Charter Review
Commission
asegret@kauai.gov (asegret@kauai.gov)
Your message couldn't be delivered because the recipient's email server (outside
Office 365) suspected that your message was spam.
Mahalo
~~~
----- Original Message -----
From:
To: asegret@kauai.gov
Sent: Monday, June 22, 2020 4:07 PM
Subject: Testimony in Opposition to District Elections-
Meeting: County of Kauai Charter Review Commission
Remote Meeting on June 20,.2020 at 3 p.m. or shortly after
Lihue, Kauai, HI
asegret@kauai.gov
Agenda Item: Proposed Kauai County Council District Election
Testifier: Tina Sakamoto
PO Box 189
Lawai, HI 96765-0189
Phone
Representing: Self
Not a lobbyist, nor affiliated with any proclaimed group promoting legislation
Opinion: Testimony Opposing Proposed Kauai County Council District Election
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
TESTIMONY
MY OBSERVATIONS:
NO BROKE, NO TRY FIX
A local news article stated that the County of Kauai Charter Review Commission is
reconsidering a proposal to split Kauai into three (3) districts corresponding with the State
House boundaries, with three (2) members each for a total of a nine-seat council. A two-year
residency within a district of which the candidate would represent is a requirement.
This proposal is to create geographic districts from which the Kauai County Council would be
elected based on the district he/she resides. Similar measures to elect the council members by
district rather than at-large were rejected by voters 1982, 1996, and 2006. The Kauai County
Council continues to be elected at-large, thus representing the entire island rather than a
specific district.
MY OPINION:
I support the current at-large county council election system for the following reasons:
1.Selection - The selection of an at-large candidate is from a broader island base. A
Kauai voter may choose any candidate regardless of where the candidate resides and
not be compromised by a geographical area.
2.Representation - Each at-large candidate represents the entire island, not just his/her
own district. Each candidate may be more likely to take interest in the overall
betterment of the entire island and all its people.
3.Accountability - The at-large candidate will be accountable to every person on Kauai,
not a designated group of people from a slice of the island. A person may address a
concern to any council member.
4.Cost - Running district elections will increase costs in personnel, production,
tabulation, and resources.
5.Vote - The at-large candidate must garner the majority of the votes whereas a district
candidate needs only more votes than an opponent. It is possible for a candidate in a
district election to win if either unopposed or with a single vote.
6.Philosophy - By tradition and culture Kauai's diversity is its strength. Our Kauai
philosophy is the "we" concept, what is best for all the people and what is best for the
entire island. The at-large election system supports the "we" philosophy and
encourages cohesiveness. District elections will change the concept of "we" to "me"
and the practice will be what "I want" regardless of the discord and divisiveness in
competing for limited resources.
For these reasons it is my opinion that the current at-large system is the best choice for Kauai
and I urge you to oppose districting.
Mahalo, Tina Sakamoto
~~~
From:
To:Anela Segreti
Subject:Proposed Charter Amendment CRC 2020-17
Date:Monday, June 22, 2020 11:02:44 AM
CAUTION: This email originated from outside the County of Kauai. Do not click links or
open attachments even if the sender is known to you unless it is something you were
expecting.
I support the Charter Review Commission CRC 2020-17, which would place on the ballot a proposal
to establish Council districting for Kaua’i.
With a nine seat Council, including three dedicated seats, citizen representation should be both
better balanced and also would allow for closer citizen-Councilpersons relations within each of the
three districts.
Thank you for considering my opinion, Dana Bekeart, Kapa’a resident.
Sent from Mail for Windows 10
From:
To:Anela Segreti
Subject:Correction for 2020-17
Date:Monday, June 22, 2020 11:20:31 AM
CAUTION: This email originated from outside the County of Kauai. Do not click links or
open attachments even if the sender is known to you unless it is something you were
expecting.
From Dana Bekeart. After reading TGI article, it looks like the representation would be three
per district.
I believe this might create competing three horse-trading relations.
Perhaps two per district and three at-large would work well.
From:Anela Segreti
To:
Cc:Ellen Ching; Teresa Tumbaga
Subject:FW: Message from Unknown sender (8088238162)
Date:Monday, June 22, 2020 1:15:00 PM
Attachments:VoiceMessage.wav
image001.png
image002.jpg
Good Afternoon Commissioners,
I returned Ms. Marge Dente’s call. She is not able to join the meeting today, but wanted to express
some concerns she has regarding districting. She lives on Waipouli Rd. which is divided by District 14
on the North and District 15 on the South. She says that this causes confusion for police and in
voting. She feels that this needs to be examined as to why this is. She feels that lines, borders for
this road needs to be either completely on North or South side. She would prefer North because of
Ag., which she feels is more align to the community. She shared that they are a close community
and wants to know why separated. She invited Commission to call her with questions at
.
Mahalo,
Anela Segreti
Administrative Specialist 1
County of Kaua’i
Office of Boards and Commissions
4444 Rice Street, Suite 300
Lihue, HI. 96766
Phone: (808) 241-4917
Fax: (808) 241-5127
Email: asegreti@kauai.gov
https://www.kauai.gov/BoardsandCommissions
The information contained in this e-mail is intended only for the personal and confidential use of the recipient(s) named
above. If you are not the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this
communication in error, please notify the sender immediately by e-mail and delete the original message.
From: Cisco Unity Connection Messaging System <unityconnection@voicemail.kauai.gov>
Sent: Monday, June 22, 2020 12:38 PM
To: asegreti@voicemail.kauai.gov
Subject: Message from Unknown sender (8088238162)
Email received 6/29/2020:
Chair Sandblom and Commissioners,
I appreciate the opportunity to offer testimony on CRC 2020-17, regarding the Charter
amendment relating to Council Districting that is being proposed.
District representation has been in effect for thirty (30) years with respect to every single elective
office within the State of Hawaii except for the Kauai County Council. It has been in effect for
much longer regarding every Federal elective office (except President/Vice President). Why do
you think that is? Does Kauai know something the rest of the State and Federal governments do
not know, or have the rest of the State and Federal governments merely come to realize that
“district” representation works better than “at-large” representation? I strongly suspect the
latter.
Only three of the many proposals for Council Districting on Kauai have been put before the
voters on the general election ballot, and all have been defeated (partially due to opposition from
the Council incumbents at the time, all of whom had been elected at-large). 39% voted for the
1982 proposal, 47% for the 1996 proposal, and 49.6% for the 2006 proposal (falling short by
only 161 votes), indicating that the number of voters favoring Council Districting is increasing to
the point where such an amendment will likely pass the next time it appears on the
ballot. Several other proposals were introduced during the intervening years, however, neither
the Charter Review Commission nor the County Council voted to include any of them on the
general election ballot, leading us to the current Council Districting proposal.
Every other County Council in the State is made up of nine (9) councilmembers elected from
nine (9) separate districts within their County. The current proposal also envisions nine (9)
councilmembers, however, these would be elected from only three (3) districts, with three of
them from each district, thereby defeating the purpose of having single-member districts in the
first place. (Whenever a district is allowed to have more than a single member, that election
effectively changes from “district “ to “at-large.”) Instead, this proposal would effectively hold
three “at-large” elections within each of the three Council Districts rather than having bonafide
single-member “district” elections for all nine (9) districts, as has been done on Oahu, Maui and
the Big Island for the past thirty (30) years. As a result, the customary pattern on Kauai whereby
most previous Councilmembers resided in those areas of Kauai with the largest densities would
likely continue, meaning that all three councilmembers elected from the Northeast district would
likely reside in the Kapaa area, while those elected from the Wailua-Lihue district would likely
reside in the Lihue area, and those elected from the Westside district would likely reside in the
Kalaheo area. (See attached worksheet containing various districting scenarios based upon 2010
census data.)
Furthermore, previous Council Districting proposals considered by this were comprehensively
researched and studied by a committee prior to becoming eligible for a vote by the full
Commission (e.g, 1990, 1996, 2016 & 2014). I am unaware, however, of any such committee
research having been performed regarding this proposal prior to its becoming eligible for a vote
by this full Commission. For these reasons, I must oppose this proposal.
Rather than proposing the nine (9) single-member districts used by the rest of the State as an
alternative, however, I instead propose seven (7) single-member districts. I sincerely believe
most Kauai residents would probably agree that Kauai “naturally” falls within seven (7)
geographical areas, all of which distinguish themselves in such a way that they would likely
prefer someone from their own area/district to represent them on the County Council, since they
would likely share similar experiences and outlooks. These seven distinct districts are the
following:
1. Haena-Hanalei-Princeville-Kilauea-Moloaa-Anahola
2. Kapaa-Kealia
3. Wailua Houselots-Wailua Homesteads
4. Hanamaulu-Lihue-Puhi
5. Koloa-Poipu-Kukuiula
6. Kalaheo-Omao-Lawai
7. Eleele-Hanapepe-Kaumakani-Waimea-Kekaha-Niihau
Any reapportionment commission, which would be required to implement any number of
Council districts other than three (3), should be able to produce acceptable district boundaries
according to the census tract data provided by the 2020 Census. I believe that any additional
expense required in order to implement a 7-district Council election would be well worth the
cost, by creating districts that clearly represent those issues concerning each community. As a
result, at least one Councilmember would live near the area concerning any issue coming before
the Council, so he/she would then likely be familiar enough with that issue to better explain it to
the full Council.
Furthermore, having smaller Council districts would make it easier and cheaper for new
candidates to campaign for a Council seat, likely resulting in more candidates.
Accordingly, I ask that you please reject the original proposal for three (3) districts of three (3)
councilmembers each, and instead consider my proposal for seven (7) single-member districts.
Sincerely,
Bert Lyon
2010 CENSUS DATA NUMBER OF DISTRICTS
-----------------------------------------------------------------------------------------------------------------------
(1990)(1990)(1990)
A B Kauai Hawaii Maui Oahu
Tract #Name Population 3 4 5 6 7 7 9 9 9 9
401 Haena-Hanalei 1,344 1,344
401 Princeville-Kilauea 6,484 7,828 7,828
9400 Anahola 3,715 11,543 11,543 3,715 10,199 3,715
403 Kapaa 8,385 19,928 19,928 8,385 8,385 8,385
402 Wailua Houselots 5,047 13,432 13,432
402.1 Wailua Homesteads 3,845 8,892 8,892 8,892
404 Puhi-Hanamaulu 8,740 17,632 12,585 12,585 8,740 8,740 8,740
405 Lihue 5,943 23,575
406 Koloa-Poipu 2,544 8,487 8,487 8,487
406 Omao-Kukuiula 3,139 11,626 11,626 11,626 3,139 3,139 3,139
407 Eleele-Kalaheo 8,403 8,403 8,403 8,403 8,403
408 Kaumakani-Hanapepe 3,771
409 Kekaha-Waimea 5,561
412 Niihau 170 23,588 17,905 17,905 9,502 9,502 9,502 9,502
TOTALS 67,091 67,091 67,091 67,091 67,091 67,091 67,091 67,091 120,317 100,504 836,231
Average district size 22,364 16,773 13,418 11,182 9,584 9,584 7,455 13,369 11,167 92,915
Max variance - over 5%7%33%20%?6%19%
Max variance - under -11%-31%-14%-25%-18%-13%-58%
CHARTER COMMENTARY
The Kaua`i Charter Review Commission will place six charter amendments on the 2020 General Election ballot.
The six include three measures to propose changes in qualifications for department heads, one proposal to
toughen ethics disclosure language and two “housekeeping” measures to clarify oversights or address changes in
state law.
In each case, the Charter Review Commission recommends approval.
--Police Chief Qualifications. The Police Commission, after going through a chief selection process, suggested
tougher requirements for candidates in the future. The Charter Commission agreed, and suggests a police chief
have at least 15 years of service, 10 of which must be in a full-service law enforcement agency, and must have at
least a bachelor’s degree in an appropriate field.
--County Engineer Qualifications. The head of the county Department of Public Works needs both an engineering
background and strong administrative skills. This amendment would require County Engineer candidates have
significant training and experience in the engineering field, but would not require they be registered engineers.
This change would expand the pool of qualified candidates.
--Water Manager Qualifications. As with the County Engineer, the Water Board Manager would need extensive
training and experience in an engineering-related position, but would not need to be a registered engineer in the
state of Hawai`i.
--Ethics Disclosure. This measure would add to the list of county officials who must file ethics disclosure
statements. It would require disclosures of the managing director and the heads and deputies of county
departments, agencies and divisions. Those disclosures would be open to public review. Regulatory employees
like inspectors would also need to file, but their disclosures would be available to the Ethics Commission but not
be open to public inspection.
--Prosecutor Vacancy. The current charter language provides for how to fill the prosecutor’s office if it becomes
vacant with less than a year left in the term or more than 18 months left in the term, but in an oversight, it leaves
out the period between. This amendment would clarify that the mayor and council appoint a replacement if there
are fewer than 18 months left in the term, but that an election would be held if there is more time remaining.
--Negligence Claims. The charter and state law differ on deadlines for submitting damage or injury claims against
the county. This measure corrects this by bringing the county into compliance with state law, which currently
requires claims be filed within two years of the event in question.
Again, the Charter Review Commission recommends a vote for approval of all six items, which are on the 2020
General Election ballot.
The Charter Review Commission is made up of seven members of the Kaua`i public who are recommended by the
mayor and approved by the County Council. The commission has the authority to propose charter amendments
that the commission members feel are “necessary or desirable.”
The Kaua`i County Charter Review Commission: Marissa Sandblom, chair; Jan TenBruggencate, vice-chair;
members Gini Kapali, Reid Kawane, Lori Koga, Patrick Stack and Carol Suzawa.
CRC 2020-18