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HomeMy WebLinkAboutCRC_2022_0425_Notice_Agenda_Packet.pdfLORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR BRONSON BAUTISTA, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER COTY TRUGILLO, COMMISSIONER CHARTER REVIEW COMMISSION Meetings of the Charter Review Commission will be conducted as follows until further notice: •Meetings will be publicly noticed pursuant to HRS Chapter 92. •Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Commission’s website upon completion and approval. Public Comments and Testimony: •Written testimony will be accepted for any agenda item herein. o Written testimony indicating your 1) name, and if applicable, you position/title and organization you are representing, 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address), may be submitted to asegreti@kauai.gov or mailed to the Charter Review Commission, c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. o Written testimony received by the Charter Review Commission at least 24 hours prior to the meeting will be distributed to all Charter Review Commissioners prior to the meeting. o Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. o Any late testimony received will be distributed to the to the members after the meeting is concluded. •Oral testimony will be taken during the public testimony portion of the meeting. o It is recommended that anyone interested in providing oral testimony register at least 24 hours prior to the meeting by emailing asegreti@kauai.gov or calling (808) 241-4917. Any request to register shall include your 1) name, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address). o Per the Charter Review Commission’s and Chairs practice, there is three-minute time limit per testifier per agenda item. o Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE OFFICE OF BOARDS AND 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 ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. LORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR CHARTER REVIEW COMMISSION BRONSON BAUTISTA, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER COTY TRUGILLO, COMMISSIONER REGULAR MONTHLY MEETING NOTICE AND AGENDA Monday, April 25, 2022 3:00 p.m. or shortly thereafter Boards & Commissions Office Conference Room Pi`ikoi Building, Suite 300 4444 Rice Street, Līhu`e, HI 96766 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting of the Open Session 1. March 28, 2022 E. PUBLIC TESTIMONY F. COMMUNICATION None G. BUSINESS CRC 2022-08 Discussion and possible action on the report of the Permitted Interaction Group (PIG). The purpose of the Permitted Interaction Group (PIG) is to provide a written recommendation on how and whether to create districting for our County Council. CRC 2020-17 Discussion and possible action on proposing a Charter amendment relating to Council Districting. CRC 2022-09 Discussion and possible action on a proposal proposed ballot question, purpose, and background on Charter amendment to amend Article XXIX of the Charter allowing the Salary Commission authority to establish the maximum salaries of all elected and appointed officials. PAGE 2 CHARTER REVIEW COMMISSION – April 25, 2022 CRC 2022-05 Discussion and possible action on proposed ballot question, purpose, and background on Charter amendment to remove Article XXX relating to the Electric Power Authority. H. ANNOUNCEMENTS Next Meeting: May 23, 2022 I. ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Board 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: Hugo Cabrera, Deputy County Attorney COUNTY OF KAUAI Minutes of Meeting OPEN MEETING SESSION . Board/Commission: CHARTER REVIEW COMMISSION Meeting Date MARCH 28, 2022 Location Boards & Commissions Conference Room, Lihue Civic Center Start of Meeting: 3:17 p.m. End of Meeting: 4:38 p.m. Present Chair Lori Koga, Vice Chair Jan TenBruggencate. Commissioners: Virginia Kapali, Marissa Sandblom, Coty Trugillo. Also: Hugo Cabrera, Deputy County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti. Excused Bronson Bautista, Reid Kawane Absent SUBJECT DISCUSSION ACTION Commissioner Coty Trugillo was sworn into office prior to the meeting. A. Call To Order Chair Koga welcomed new Commissioner Trugillo and said good-bye to Commissioner Kapali, thanking her for being a mentor to her. Chair Lori Koga, called the meeting to order at 3:17 p.m. B. Roll Call Roll Call: Commissioner Bautista-excused Commissioner Kapali- present Chair Kawane - excused Commissioner Sandblom- present Commissioner Trugillo-present Vice Chair TenBruggencate-present Chair Koga- present Quorum: 5 commissioners present C. Approval of Agenda Vice Chair TenBruggencate moved to approve the agenda. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 D. Minutes Open Session Minutes of February 28, 2022 Vice Chair TenBruggencate moved to Charter Review Commission Open Session March 28, 2022 Page 2 SUBJECT DISCUSSION ACTION Chair Koga corrected errors in roll call for Vice Chair TenBruggencate, Chair Koga and Commissioner Kawane. approve the minutes of February 28, 2022, as edited. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 E. Public Testimony None F. Communication BOE 2022-07 Memorandum from the Chair and Members of the Salary Commission dated January 31, 2022, regarding a proposal to amend Article XXIX of the Charter allowing the Salary Commission authority to establish the maximum salaries of all elected and appointed officials. Chair Koga clarified that Chair of Salary Commission is Patrick Ono. Vice Chair TenBruggencate moved to receive communication BOE 2022-07. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 G. Business CRC 2022-08 Discussion and possible action on the report of the Permitted Interaction Group (PIG). The purpose of the Permitted Interaction Group (PIG) is to provide a written recommendation on how and whether to create districting for our County Council. Chair Koga explained that per Sunshine Law today will be a presentation by the PIG and no discussion. At the next meeting they will be able to ask questions and have discussion. Commissioner Sandblom presented an overview of the PIG report and shared a Charter Review Commission Open Session March 28, 2022 Page 3 SUBJECT DISCUSSION ACTION few highlights. She stated that the PIG met four times and spent intensive amounts of time review in historical proposals, recent articles on districting and came up with nine (9) recommendations that can be found on page 14 of the document (on file). She entertained questions for clarity only. Chair Koga stated that the committee did an awesome job. Commissioner Sandblom commended Administrator Ching for her assistance in gathering information for review to get a better foundation on how to approach this proposal this time around. Commissioner Kapali clarified that this presentation is just to submit the report and that the public also has access to it as part of the agenda. Vice Chair TenBruggencate stated that the PIG reviewed the many proposals and issues around them and asked the ultimate recommendation to characterize a further look at this. Commissioner Sandblom stated that they did not want any proposal that is put out to have any unintended consequences, i.e., the recent special election that was not an intended outcome of the Charter amendment. She went on that the first recommendation of hiring a consultant came about as the PIG could not come to an agreement on what would be most beneficial for Kauai stating that in the report, for example, there are questions that they assumed wrongfully that based on public testimony that it might be cheaper to run an election if had districting, it might be more representative of the island geography and some of these have been proven false by the data. Commissioner Trugillo asked why the question of districting has come up and Commissioner Sandblom explained that public interest had sparked the need to look at districting proposals. Charter Review Commission Open Session March 28, 2022 Page 4 SUBJECT DISCUSSION ACTION Administrator Ching added that about two years ago she was approached by a member of the public to get a districting proposal on the ballot, she explained it was late in the process but asked the Chair and it was placed on the agenda, but the Commission at that time stated that they committed to get in back on the agenda the next time. Vice Chair TenBruggencate stated that different proposals have been on the ballot before and never passed and therefore it is back again. The Commission have looked at proposals several years and they could not agree on a proposal to take to the ballot. He went on to explain why the PIG was formed. Commissioner Kapali stated that in understanding the depth of all of this there needs to be more discussion on a proposed amendment to the ballot and thanked all that worked on it. Vice Chair TenBruggencate moved to defer CRC 2022-08 to the next meeting for discussion. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 CRC 2020-17 Discussion and possible action on proposing a Charter amendment relating to Council Districting. Chair Koga asked if there were any members of the public that wanted to speak on this item. Mr. Burt Lyon, testifier, stated that he was impressed on the report of the PIG and thanked them for their work. He agreed that it is a difficult to make a decision right now, and to do it properly they should explore everything. He commented on the recommendations, i.e., Recommendation #1, he feels that a consultant is an excellent idea, and that Colin Moore from the UH (University of Hawaii) Public Policy department gave a presentation to Maui Charter Review Commission, and he thought that may be someone they’d want to consider. He added that if they choose the consultant that the consultant Charter Review Commission Open Session March 28, 2022 Page 5 SUBJECT DISCUSSION ACTION should determine the sample size and confidence interval. On Recommendation #3, on the pros and cons and equal worth of each persons vote, he feels is subjective. Regarding the concern of having a reapportion commission to ensure that there will not be a canoe district, he does not see how there could be one for Kauai, that it would be impossible, aside from Niihau that would not be possible. Recommendation #6 about starting with the 2016 ballot question which lost by 161 votes, the assumption that since it lost by such a small amount that it was a popular option. He believes that the Commission should look at the 2016 survey and look at two most popular make-ups which were five (5) district, two (2) at large and seven (7) district, zero (0) at large, which were 24% and 23% respectively. He went on to state that starting with the three (3) districts with the House of Representatives, he does not see a danger of a canoe district but that there would be a danger of the State having a canoe district and one of the districts would be short a certain number of votes whatever they would have on another island. He believes that sticking with number of State districts goes against the purpose of having districts which is smaller districts and have more concise representation. Vice Chair TenBruggencate moved to defer CRC 2020-17 to next meeting. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 CRC 2022-09 Discussion and possible action on a proposal to amend Article XXIX of the Charter allowing the Salary Commission authority to establish the maximum salaries of all elected and appointed officials. Vice Chair TenBruggencate stated that he is generally in support of the Salary Commission’s recommendations on this. Administration Ching stated that the proposal is based on the ballot question that was on the 2018 ballot, exactly. She explained that the Salary Commission has difficulty every other year with the economic condition and that it does not make sense for them to put forward a salary resolution in an election year. They continue to struggle with salary conversions, union raises which department heads do not receive, vacancies and difficulty in hiring local. She pointed out that Kauai is the only County that the Salary Commission is Charter Review Commission Open Session March 28, 2022 Page 6 SUBJECT DISCUSSION ACTION not authorized to set the salaries. This is a way to address some of the issues. Commissioner Kapali added that when the Salary Commission gets together a salary resolution it must be approved by the County Council and when it reaches the Council agenda, it can be changed. She also explained that they Salary Commission does do a lot of research in determining salaries. Administrator Ching added that the Director of Finance and Human Resources are consulted, and reports are reviewed. Vice Chair TenBruggencate stated that unlike the other Kauai Commissions which are given a lot more power than other Counties give to citizen commissions except for Salary Commission, and he feels that giving them the authority fits within how we put our county government together. Administrator Ching and the Commissioners discussed the issues of Council voting to approve the salary resolution and how that can be an issue for the council members as it is perceived as them giving themselves a raise when in fact it is for the next elected council. As well as people not seeing that it is a maximum amount and that there is flexibility to offer less. Discussion of the ballot question being simple and legal. Chair Sandblom recommended that the question not have two parts as in the current question. Administrator Ching asked that the commissioners allow her and the Deputy County Attorney Cabrera work on the ballot question, purpose and background and get back to the commission. Vice Chair TenBruggencate moved to approve CRC 2022-09 the Salary Commissions proposed Charter language and to hear from administrator for discussion. Commissioner Kapali seconded. Vice Chair TenBruggencate withdrew his motion. Vice Chair TenBruggencate moved to approve the recommendation of the salary commission with the deletion of references to ex-officio members and ask staff to review the proposal and bring back to Commission at the next meeting to review. Commissioner Kapali seconded. Voice Vote: 5 Ayes, 0 Nays Charter Review Commission Open Session March 28, 2022 Page 7 SUBJECT DISCUSSION ACTION Motion carried 5:0 CRC 2022-05 Discussion and possible action on proposed ballot question, purpose, and background on Charter amendment to remove Article XXX relating to the Electric Power Authority. Vice Chair TenBruggencate recused himself at 4:16pm Administrator Ching shared that she and Deputy County Attorney worked on the ballot question, purpose, and background (on file) for the Commission to review. Commissioner Kapali clarified that this was looked at before but did not make the ballot in 2020. Administrator Ching clarified that it was on the ballot in 2018 and voted down, but that it is a housekeeping item, and she has asked the Commission to look at it again for the 2022 ballot and worked on the question to simplify it. The Commissioners and Administrator discussed the ballot question. Commissioner Kapali suggested, “Shall the Charter to remove Article XXX which gives the County Council…” Commissioner Sandblom suggested that the purpose of the amendment is to remove provisions in the Charter that will allow rather than will allow. Administrator Ching clarified that there will be a final vote on what will go on the ballot. Vice Chair TenBruggencate recused himself from this item, he is a member of the KIUC board. Commissioner Kapali moved to put the Charter amendment for removing Article XXX on the next ballot pursuant to tweaking language and getting purpose, and background with the County Attorneys and Administrator and made clearer and it be brought to the next meeting for final consideration. Commissioner Sandblom seconded. Voice Vote: 4 Ayes, 0 Nays Charter Review Commission Open Session March 28, 2022 Page 8 SUBJECT DISCUSSION ACTION Motion carried 4:0:1 recused CRC 2021-08 Discussion and possible action on proposed ballot question, purpose, and background to amend Charter Section 9A.05. Vacancy in Office related to the Office of the Prosecuting Attorney. Vice Chair TenBruggencate returned to the meeting at 4:26pm Administrator Ching welcomed input on proposed language presented to Commissioners (on file). Commissioner Sandblom clarified that this amendment is to clarify that if there is a vacancy the first deputy will assume the position to the next election. Vice Chair TenBruggencate clarified that the 1st Deputy will serve until the next regular election cycle. He said that the last amendment was to fix the six-month gap with no guidance whatsoever, but then that created a new problem of a special election. Administrator Ching clarified that it is a 4-year term, and it could be less than 2 years. Vice Chair TenBruggencate moved to make this proposed Charter amendment part of the 2022 general election to be reviewed at the final review. Commissioner Sandblom seconded. Voice Vote: 5 Ayes, 0 Nays Motion carried 5:0 CRC 2021-04 Discussion and possible action on Charter Initiatives of interest. Vice Chair TenBruggencate moved to receive item CRC 2021-04 and remove it from the agenda. Commissioner Kapali seconded. Voice Vote: 5 Ayes, 0 Nays Charter Review Commission Open Session March 28, 2022 Page 9 SUBJECT DISCUSSION ACTION Motion carried 5:0 H. Announcements Next Meeting: April 25, 2022 Administrator Ching announced that this is Commissioner Kapali’s last meeting and thanked her for her service, and stated that she added so much to the commission. Commissioner Kapali thanked everyone for their work. I. Adjournment Hearing no objections Chair Koga adjourned the meeting at 4:38pm Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Anela Segreti, Administrative Specialist Lori Koga, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of LORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR CHARTER REVIEW COMMISSION BRONSON BAUTISTA, COMMISSIONER VIRGINIA KAPALI, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER MEMORANDUM March 9, 2022 TO: Lori Koga, Chair and Members of the Charter Review Commission FROM: Bronson Bautista, Reid Kawane, and Marissa Sandblom Members of the Charter Review Committee Permitted Interaction Group RE: Charter Amendment on Districting Report Task On January 10, 2022, the Charter Review Commission formed a Permitted Interaction Group (PIG) with the scope of creating a written report with recommendations on if it is in the best interest of the citizens of Kauai whether to create districting for County Council seats and how to do so if decided that it is beneficial. The PIG was further authorized: 1.To access all previous communications of districting proposals to the Commission, 2.Review additional recommendations, and 3.Conduct any other kinds of research required, including interacting with subject matter experts and members of the Kauai public. Background Definition of district: A territorial division (as for administrative or electoral purposes).1 Proposed Charter amendments on districting were on the ballot in 1982, 1990, 1996, and 2006. In 2006, the ballot question proposed three councilmembers be elected by districts, four councilmembers elected at large and established a reapportionment commission every ten years. The question was defeated, 45.1 % or 9,557 voted against and 44.3% or 9,396 voted yes. See Attachment #1, History on Ballot Questions on Districting 1 Merriam-Webster. https://www.merriam-webster.com/dictionary/district CRC 2022-08 Page 2 of 15 Given the narrow defeat of this ballot question (161 voters), this configuration of districting would appear to have the best chance of passing. See Attachment #2, County of Kauai Charter Amendment Ballot Questions: 2006 General Election, Proposal No. 3: Relating to Council Districting Since 2020, the item of a Charter Amendment on Districting has been on every Charter Review Commission agenda as follows: June 22, 2020 September 28, 2020 November 22, 2021 June 29, 2020 August 23, 2021 December 20, 2021 July 27, 2020 September 27, 2021 January 10, 2022 August 7, 2020 October 25, 2021 January 24, 2022 In 2020-2022, the Charter Review Commission has reviewed the following documents: 1. History of Ballot Questions on Districting 2. Various Charter Amendment Proposals on Districting 3. Table of Comparison of Charter Amendments regarding Districting Proposals 4. Kauai County Charter Review Commission, Special Committee on County Districting – Report to the Commission, January 25, 2016 See Attachment #3, Kauai County Charter Review Commission, Special Committee on County Districting CRC-2015-13, CRC 2020-17 5. Kauai County Charter Review Commission, Subcommittee Report CRC-2013-07 (Proposed Amendment for Council Partial-Districting) See Attachment #4, Kauai County Charter Review Commission, Subcommittee Report CRC-2013-07 (Proposed Amendment for Council Partial-Districting) Since 2020, the Charter Review Commission has received several proposals. See Attachment #5, Table of Districting Proposals In summary the proposals are as follows: # Districting Proposals 1 9 Councilmembers, 3 per district (14, 15, 16*) 2 9 Councilmembers, 2 per district (14, 15, 16*), 3 at large 3 7 Councilmembers, 1 per district (7 districts), Reapportionment Commission 4 7 Councilmembers, 1 per district (14, 15, 16*, 2 yr. term, part-time), 4 at large (4 yr. term, full-time) 5 7 Councilmembers, 2 per district (14, 15, 16*), 1 at large *State House Districts Page 3 of 15 The PIG reviewed the following to obtain additional information on districting and its related benefits and issues. Districting in Neighboring Counties A review of districting in the neighboring counties as follows: County Districting Honolulu 9 Councilmembers, 9 districts, 1 member per district, Reapportionment Commission Maui 9 Councilmembers, 9 districts, members are elected-at large* Hawaii 9 Councilmembers, 9 districts, 1 member per district, Redistricting Commission Kauai No districts, 7 Councilmembers elected at large *Maui Charter Commission will be placing on the ballot a Charter amendment to have 3 districts, voters from each district would elect 3 councilmembers and create a Reapportionment Commission.2 See Attachment #6, Honolulu City & County Charter excerpt related to Districts, Reapportionment Commission Rules, and 2021 Reapportionment Commission Report See Attachment #7, Maui County Charter excerpt related to Districts See Attachment #8, Hawai’i County Charter and Ordinance excerpts related to Districts, 2021 Redistricting Commission Rules, and 2021 Redistricting Commission Report Reapportionment or Redistricting After a review of districting in the neighboring counties, it was noted that some counties had a Reapportionment Commission or a Redistricting Commission in conjunction with districting. Some of the proposals received by the Commission had a Reapportionment Commission and some did not. The PIG reviewed State and County reports on this issue. For the purposes of this report, the terms of reapportionment or redistricting can be used interchangeably. 2 Maui Now. “Redistricting Proposal Approved by Maui Charter Commission” https://mauinow.com/2021/09/04/redistricting-proposal-approved-by-maui-charter-commission/ September 4, 2021 Page 4 of 15 The definition of redistricting is to divide anew into districts specifically: to revise the legislative districts of 3 The definition of reapportionment is an act or result of reapportioning something: the process or result of making a new proportionate division or distribution of something, especially, US law: the reassignment of representative proportionally among the states in accordance with changes in population distribution 4 Redistricting and reapportionment on the federal, state and county levels occurs after the U.S. census, basically every 10 years. For the State of Hawaii, reapportionment starts with determining the permanent resident population of the State and each basic island unit (BIU) using a methodology approved by the State Reapportionment Commission. As stated in the Commission’s 2012 Supplement Report, non-permanent military and student residents were extracted from the U.S. Census population data. Thus, the permanent resident populations were determined as follows:5 Location Census Population Less Non-Permanent Resident Population Permanent Resident Population Oahu 953,207 (106,618) 846,589 Hawaii 185,079 (1,483) 183,596 Maui 154,924 (380) 154,544 Kauai 67,091 (286) 66,805 State of Hawaii 1,360,301 (108,767) 1,251,534 Using consultants and the Huntington-Hill Method of Equal Proportions, the Commission allocated the total number of members of the State Senate and the House of Representatives. Secondly, the Commission apportioned legislative members to each BIU among districts within that BIU. District lines were redrawn as necessary to achieve an average number of permanent residents per member as nearly equal to the average for the BIU.6 3 Merriam-Webster. https://www.merriam-webster.com/dictionary/redistrict 4 Merriam-Webster. https://www.merriam-webster.com/dictionary/reapportionment 5 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan, 2012 Supplement” https://elections.hawaii.gov/wp- content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.ii 6Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan, 2012 Supplement” https://elections.hawaii.gov/wp- content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.13 Page 5 of 15 The State House of Representatives Districts for the County of Kauai are as follows:7 State House of Rep. Districts BIU Target Population Total Population Deviation from BIU Target % Deviation from BIU Target House District 14 22,268 22,718 450 2.02% House District 15 22,268 21,835 -433 -1.94% House District 16 22,268 22,252 -16 -0.07% Kauai BIU Deviation 66,805 3.96% The PIG also reviewed the neighboring Counties Reapportionment or Redistricting Commission reports to compare County Council district Population Size. County 2010 Census Population8 2020 Census Population9 Target Council District Population Size Honolulu 953,207 1,016,508 112,945 w/ 3.3% total deviation 10 Maui 154,834 164,754 N/A, No Reapportionment Commission Hawaii 185,079 200,629 22,232 w/ (4.23% - 5.75%) deviation 11 Kauai 67,091 73,298 N/A State of Hawaii N/A 7 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan, 2012 Supplement” https://elections.hawaii.gov/wp- content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.18 8 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai County, Hawaii; Hawaii” https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010) 9 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai County, Hawaii; Hawaii” https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010) 10City and County of Honolulu, 2021 Council Reapportionment Commission, “Report and Final Reapportionment Plan of the 2021 Council Reapportionment Commission” https://drive.google.com/drive/folders/1Rapt1BRRiO6e9rnUwha5JwgtFfum40yP (November 24, 2021) p.4 11Hawaii County Redistricting Commission. “2021 Redistricting Commission Report” https://records.hawaiicounty.gov/weblink/1/doc/113844/Page1.aspx p.2 Page 6 of 15 The PIG identified several concerns related to reapportionment or redistricting. The first is the creation of “canoe districts” on the State and Federal levels. This is when a district includes parts of more than one island or County. Currently the U.S. House of Representative Kaiali`i Kahele represents Congressional District 2. District 2 is comprised of parts of Oahu, and the Counties of Kauai, Maui (Molokai and Lanai) and Hawaii. On the State level, Kauai has been part of a “canoe district” consisting of the Kauai north shore communities and some Maui communities. In the State of Hawaii’s Reapportionment Commission, 2012 Supplement, the Commission was guided by specific criteria such as no district shall extend beyond the boundaries of any basic island unit (county unit) and districts shall be contiguous.12 However, there is no express absolute prohibition against “canoe districts”. One of the districting proposals being considered recommends using the current districts of the State House of Representatives and does not have a Reapportionment or Redistricting Commission. The concern lies with designating County districts by relying on the district boundaries of the State House which remains open to the possibility of the “canoe districts”. Should districting be established on Kauai, there would be one district that would include Ni`ihau, although Ni`ihau is not contiguous with the island of Kauai, it is part of the County of Kauai. Due to this potential, any proposal on districting must include a Reapportionment or Redistricting Commission. Once district boundaries are established, the new boundaries go into effect in the first regularly scheduled election. At the State level, due to reapportionment, every ten (10) years, all seats at the Legislature are up for election. Currently, each Council member is eligible for four (4) consecutive two-year terms. In practice, this has resulted in staggering terms and the County Council being composed of both seasoned Council members and new Council members. This has resulted in the community and the Council benefiting from new ideas from the freshmen members as well as the institutional experience and knowledge of the senior members. The potential of having only freshman Council members is a concern, however over the history of the Kauai State legislators, there has always been a balance of senior and freshman members. 12 Office of Elections. “State of Hawaii, 2011 Reapportionment Commission Final Report and Reapportionment Plan, 2012 Supplement” https://elections.hawaii.gov/wp- content/uploads/2015/03/2012ReapportionmentFinalReport_2012_03_30.pdf (March 30, 2012) p.10 Page 7 of 15 Reapportionment/redistricting has become in mired conflict and charges of partisan gerrymandering. The State of Hawaii’s current plan for Reapportionment has attracted criticism for “rewarding or punishing” legislators, impacting their ability to get re-elected and for splitting up communities that were traditionally in one district. For example, the current plan divides Manoa Valley between two districts. Some individuals felt that living in a district that is split between two or more lawmakers resulted in more representation.13 Any reapportionment/redistricting can be fraught with litigation.14 As of February 26, 2022, the Hawaii Supreme Court has temporarily prohibited the State Office of Elections and the Chief Election Officer from making nomination papers (for the 2022 election) available pending resolution of a legal challenge over the districts.15 Lastly, the overall concept of districting and reapportionment/redistricting is related to the intent to improve representation by elected officials. However, whether that promise has been fulfilled is debatable. Justia US Law which provides a legal history of congressional districting states, “neither voters nor minority parties have yet benefitted”.16 Cost of Campaigns The Commission received testimony that districting would result in more Council candidates as the cost of campaigning for a district vs. island-wide would be less. Thus, the PIG reviewed the cost of campaigns. 13 “Can the Hawaii Reappointment Commission Solve this Political ‘Jigsaw Puzzle’?” https://www.civilbeat.org/2021/11/can-the-hawaii-reapportionment-commission-solve-this-political-jigsaw- puzzle/ Civil Beat, November 29. 2021 14 “Hawaii Supreme Court Mulls Constitutional Requirements In Redistricting Challenge” https://www.civilbeat.org/2022/03/hawaii-supreme-court-mulls-constitutional-requirements-in-redistricting- challenge/?utm_source=Civil+Beat+Master+List&utm_campaign=caa19061d2- EMAIL_CAMPAIGN_2022_03_15_06_27&utm_medium=email&utm_term=0_51c2dd3cf3-caa19061d2- 402169088&mc_cid=caa19061d2&mc_eid=b99f52643e Civil Beat, March 1, 2022 15 “Legal challenge puts start of political season in limbo” https://www.mauinews.com/news/local- news/2022/02/legal-challenge-puts-start-of-political-season-in-limbo/ The Maui News, February 25, 2022 16 Justia US Law, “Congressional Districting” https://law.justia.com/constitution/us/article-1/06-congressional- districting.html Page 8 of 15 A review of the total cost of Kauai’s Council campaigns in 2020.17 Number of Candidates Total Receipts Average Receipts Total Expenditures Average Expenditure 21 $241,408.96 $11,495.66 $167,667.66 $7,984.17 A review of the cost of the current Councilmember’s campaigns in 2020.18 Status Name Total Receipts Total Expenditures Challenger Carvalho, Bernard $21,620.75 $14,631.10 Incumbent Chock, Sr., Mason 14,900.68 11,744.27 Incumbent Cowden, Felicia 25,465.00 23,768.65 Challenger DeCosta, Bill 2,386.94 2,386.94 Incumbent Evslin, Luke 5,962.80 5,791.84 Incumbent Kaneshiro, Arryl 46,621.44 30,957.38 Incumbent Kualii, KipuKai 47,210.51 18,196.85 Grand Total $164,168.12 $107,477.03 Average $23,452.58 $15,353.86 In the primary, there were 21 candidates running for a Kauai County Council seat. After the primary, the top 14 candidates are placed on the general election ballot. In the general election, the top seven (7) candidates become a member of the County Council. Since one of the districting proposals being considered is using the same districts as the State House of Representatives, the PIG reviewed the cost of those campaigns. 17 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Kauai County Council. “Kauai County Council, Receipts and Expenditures (2020 Election)” https://ags.hawaii.gov/campaign/files/2021/02/2020KauaiCouncil.pdf 18 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Kauai County Council. “Kauai County Council, Receipts and Expenditures (2020 Election)” https://ags.hawaii.gov/campaign/files/2021/02/2020KauaiCouncil.pdf Page 9 of 15 The average cost of the State House Representative’s campaigns in 2020.19 Number of Candidates Total Receipts Average Receipts Total Expenditures Average Expenditure 6 $118,347.80 $19,724.00 $78,933.17 $13,155.20 A review of the cost of the current State House Representative’s campaigns in 2020. District Status Name Total Receipts Total Expenditures 14 Incumbent Nakamura, Nadine $43,695.54 $25,353.35 15 Incumbent Tokioka, James 36,700.00 24,600.49 16 Incumbent Morikawa, Daynette 23,983.91 15,880.25 Grand Total $104,379.45 $64,834.09 Average $34,793.15 $21,611.36 All six (6) candidates for the State House ran in the primary and the general election. There were two (2) candidates per district. The district population size of Kauai’s State House of Representatives ranges from 21,835 - 22,718. The ideal basic island unit or BIU is 22,268. The district population size for Hawaii County Council districts ranges from 20,954 – 23,172. The ideal BIU is 22,232. Due to the similar district size of Kauai’s State House of Representatives and the Hawaii County Council districts, the PIG reviewed those costs as well. 19 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, State House of Representatives. “State House of Representatives, Receipts and Expenditures (2020 Election)” https://ags.hawaii.gov/campaign/files/2021/02/2020StateHouse.pdf Page 10 of 15 A review of the average cost of a campaign in Hawaii County Council with districting.20 Number of 2020 Candidates Total Receipts Average Receipts Total Expenditures Average Expenditure 24 $375,777.92 $15,657.41 $295,378.55 $12,307.43 In Hawaii County’s 2020 Primary Election there were 24 candidates running for Council seats.21 In the general election, the top 2 candidates are placed on the ballot.22 District Number of Primary Candidates Status Name Total Receipts Total Expenditures 1 7 Open Kimball, Heather $36,410.96 $33,251.86 2 2 Incumbent Chung, Aaron 8,400.00 0.00 3 3 Incumbent Lee Loy, Susan 41,544.35 40,431.15 4 1 Incumbent Kierkiewicz, Ashley* 17,904.99 4,587.58 5 3 Incumbent Kanealii-Kleinfelder, Matthew 26,821.11 26,612.49 6 1 Incumbent David, Maile* 378.76 378.76 7 2 Incumbent Villegas, Rebecca 17,990.81 17,990.81 8 2 Open Inaba, Holeka 13,299.73 13,299.73 9 3 Incumbent Richards, Herbert 46,875.65 26,279.29 Grand Total $209,626.36 $162,831.67 Average $23,291.81 $18,092.40 *Unopposed The average cost in 2020 for a Kauai County Council campaign was $7,984.17, for a State House of Representatives campaign on Kauai, $13,155.20 and for a Hawaii County Council campaign, $12,307.43. 20 State of Hawaii, Campaign Spending Commission, Receipts and Expenditures by Office, Hawaii County Council. “Hawaii County Council, Receipts and Expenditures (2020 Election)” https://ags.hawaii.gov/campaign/files/2021/02/2020HawaiiCouncil.pdf 21 State of Hawaii, Office of Elections. “PRIMARY ELECTION 2020 – State of Hawaii – County of Hawaii SUMMARY REPORT**FINAL SUMMARY REPORT**” https://files.hawaii.gov/elections/files/results/2020/primary/coh.pdf (August 8, 2020) 22 State of Hawaii, Office of Elections. “GENERAL ELECTION 2020 – State of Hawaii – County of Hawaii SUMMARY REPORT**FINAL SUMMARY REPORT**” https://files.hawaii.gov/elections/files/results/2020/primary/coh.pdf (November 3, 2020) Page 11 of 15 Comparatively the average of cost of a successful 2020 campaign for the Kauai County Council was $15,353.86, for State House of Representatives on Kauai $21,611.36 and for the Hawaii County Council $18,092.40. Based on this data, currently with or without districts the cost of a Kauai County Council seat is less than the cost of a State House of Representatives campaign on Kauai or a Hawaii County Council campaign despite the similarities in district size. One of the determining factors related to costs in the Hawaii County Council campaign appears to be whether there was more than one candidate in the race. Page 12 of 15 Number of Candidates Testimony was received that there would be more candidates with the cost of campaign being lower for a district council seat vs. an island-wide council seat. County 2010 Census Population 23 2020 Census Population 24 Hawaii 185,079 200,629 Kauai 67,091 73,298 The population of Hawaii County is almost three times the size of Kauai’s population. However, the Hawaii Council BIU district size of 22,232 is very close to Kauai’s State House BIU district size of 22,268. Location/Position 2020 Primary Election 2020 General Election Hawaii County, County Council (9 districts) 26 N/A Hawaii County, County Council, District 1 7 2 Hawaii County, County Council, District 2 2 2 Hawaii County, County Council, District 3 3 2 Hawaii County, County Council, District 4 1 1 Hawaii County, County Council, District 5 3 2 Hawaii County, County Council, District 6 1 1 Hawaii County, County Council, District 7 2 2 Hawaii County, County Council, District 8 2 2 Hawaii County, County Council, District 9 3 2 Kauai County, State House of Representative (3 districts, 14,15,16) 2 per district 2 per district Kauai County, County Council 21 14 Based on this data, it would be difficult to come to any conclusions about whether there would be more candidates or not. Considering that Hawaii County’s population is approximately 2.75 times the size of Kauai’s population, the number of Hawaii County Council primary candidates (26 in 2020) seems much less than it should be in comparison to the number of Kauai County Council primary candidates of 21. 23 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai County, Hawaii; Hawaii” https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010) 24 United States Census Bureau. “QuickFacts Honolulu County, Hawaii, Hawaii County, Maui County, Hawaii; Kauai County, Hawaii; Hawaii” https://www.census.gov/quickfacts/fact/table/honolulucountyhawaii,hawaiicountyhawaii,mauicountyhawaii,kaua icountyhawaii,HI/PST045221 (April 1, 2020, April 1, 2010) Page 13 of 15 In contrasting the number of candidates in the 2020 primary election, Kauai had an average of three (3) candidates for each Council seat, two (2) candidates for each House district on Kauai, and Hawaii County had an average of 2.88 per district. Representation The Commission received testimony that one of the benefits of districting, is the belief that if the elected official lives in the district they will be better informed on an issue in the district, will be more accessible and therefore that district and its residents will be represented better. A reasonable analogy may be, do residents believe that their elected official from the State House represents them better than Councilmembers with regards to being more informed on district issues and more accessible? The election of a Council Chair and the adoption of any ordinances are dependent on a majority vote. If the district Council member is not in the majority, will that district be negatively or positively impacted? How and will representation improve from the designation of a Councilmember’s constituency to a district vs. island-wide? Should the remedy for these issues of being more informed, more accessible, and better representation be the responsibility of the elected official or be addressed by a charter amendment? Other Considerations However, the larger question remains, to quote from Justia US Law, “as nearly as is practicable is one person’s vote worth as much as another’s”.25 If you reside in district 14 with 450 more residents than districts 15 and 16, is your vote “worth” more or less? How would this impact residents? Would this encourage or discourage individuals to vote? What are the benefits of districting? Will the result of districting result in improvements? Improvements such as in voter participation, representation, more council candidates, lowering the cost of council campaigns, access to County Councilmembers and better-informed Councilmembers. Will it address, long-term planning for long-standing issues positively, negatively or no impact at all? When national partisan politics seems to have become an insurmountable obstacle, is there a clear and absolute benefit for districting to warrant a charter amendment? 25 Justia US Law, “Congressional Districting” https://law.justia.com/constitution/us/article-1/06-congressional- districting.html Page 14 of 15 Per the Kauai County Charter, “In the event the Commission deems changes are necessary or desirable, the Commission may propose amendments to the existing charter…” Thus, it is necessary that the Commission proceed with a thorough examination of the issue of districting as well as, a thorough deliberation before any final decisions. Recommendations Given the outstanding questions, the Charter Review Commission Permitted Interaction Group finds the following: 1. The Commission should retain a consultant to formulate a plan to seek and obtain input of a minimum of 5% of registered voters or 2,362 persons (based on the 2020 election) to a maximum of 10% or 4,725 persons for a valid sample size. The input solicited should be on the larger questions below, their opinion on districting, their opinion of the analogy of current councilmembers and State House of Representatives regarding quality of representation with respect to who is better informed, accessible and representation, and what form of districting (3, 5 or 7 districts). 2. The Commission should retain a consultant to conduct a study on the costs of districting in general as well as with 3 districts, 5 districts or 7 districts. 3. Upon obtaining the reports on input and costs, the Commission should deliberate on the larger question of the pros and cons of districting and the equal “worth” of each person’s vote. 4. Upon obtaining the reports on input and costs, the Commission should deliberate on the larger question of the benefits of districting and will it result in improvements. 5. Any future proposal on districting must include a Reapportionment Commission to ensure that at no time will there be a “canoe district”. 6. Upon the obtaining the reports on input and costs, any future consideration on districting should start with the 2006 ballot question and proposal, which was defeated by a margin of 161 votes. 7. Upon the obtaining the reports on input and costs, any future consideration on districting should consider the elements of efficiency and cost containment and start with the concept of three (3) districts like the Kauai State House of Representatives. 8. Upon the obtaining the reports on input and costs, any future consideration on districting should consider the elements of efficiency and cost containment and start with the concept of a seven-member Council. 9. Due to the findings above and the significance of adopting districting, the Commission should defer any proposal on districting to perform its due diligence. Page 15 of 15 Table of Attachments • Attachment #1, History on Ballot Questions on Districting • Attachment #2, Excerpt on Districting from County of Kauai Charter Amendment Ballot Questions: 2006 General Election • Attachment #3, See Attachment #3, Kauai County Charter Review Commission, Special Committee on County Districting, CRC-2015-13, 2020-17 • Attachment #4, Kauai County Charter Review Commission, Subcommittee Report CRC- 2013-07 (Proposed Amendment for Council Partial-Districting) • Attachment #5, Table of Districting Proposals • Attachment #6, Honolulu City & County Charter excerpt related to Districts, Reapportionment Commission Rules, and 2021 Reapportionment Commission Report • Attachment #7, Maui County Charter excerpt related to Districts • Attachment #8, Hawaii County Charter and Ordinance excerpts related to Districts, 2021 Redistricting Commission Rules, and 2021 Redistricting Commission Report Election Proposed Charter Amendment Proposed by Proposed by Proposed by Passed by Rejected by Year Council Charter Comm Petition Electorate Electorate 1982 Shall Council members be elected by districts, with one member residing in and elected from each of three districts which shall be established by a reapportionment committee, and four members elected at large, and shall 1983 and every tenth year thereafter be a reapportionment year? X X Yes 5541 No 8682 1990 Effective 1992, shall Council members be elected by districts and shall 1991 and every tenth year thereafter be a reapportionment year? X Pending decision set forth by Ninth Circuit Court 1996 Effective 1998 shall Council members be elected by districts, with one member residing and elected from each of 5 districts, which shall be established by an apportionment commission to be appointed in 1997, and 2 members elected at-large, and shall 2001 and every tenth year thereafter be apportionment year? X X No 9589 44% Yes 8456 38.8% Blank 3729 17.1% Other 6 0.0% 2006 Effective 2008, shall three of the seven council members be elected by districts, with one member residing in and elected from each of three districts that shall be established by an apportionment commission to be appointed in 2007, and four of the seven council members elected at-large, and shall 2011 and every tenth year thereafter be a reapportionment year? X X No 9557 45.1% Yes 9396 44.3% Blank 2247 1.6% Other 12 0.1% 1982-# of registered voters = 22,563 # of votes cast = 18,222 1990-5 single member districts 3 single member districts Yes 3528 16.?% Yes 1566 7.?% Blank votes 5349 24.?% No 2282 10.?% No 874 4.?% Over votes 7966 36.?% Table of Comparison of Charter Amendments regarding Districting Proposals Mtg. Date & Source of Proposal Districting Proposals Notes 6/22/20 Jonathan Jay 9 Councilmembers 3 per district (14, 15, 16)* *14, 15, 16 per State House Districts Voters living in the district, vote for candidates in their district Verbal testimony on 6/22/20 minutes 1 in favor Per Lyon to consider having two proposals on the ballot, 3 districts vs. 6 districts and 1 at large. (Note: per atty cannot have two proposals) Per Jay testimony, amend to delete residency requirement, unclear to delete it for voters or candidates. Written testimony rec`d in 6/29/20 packet 6 in favor (1 person changed their mind and submitted alternate proposal) 2 against 1 concerned Written testimony rec’d on 8/7/20 packet Same as above Per Lyon verbal testimony - proposed 7 members, 7 districts (see below) 6/29/20 Norma Doctor Sparks 9 Councilmembers 3 per district (14, 15, 16) Provided as testimony in support of the proposal above and is the same as the proposal above. 6/29/20 Dana Bekeart 9 Councilmembers 2 per district (14, 15, 16) 3 at large Per testimony in 6/29/20 packets Mtg. Date & Source of Proposal Districting Proposals Notes 8/7/20 Bert Lyon 7 Councilmembers 1 per district Seven Districts: 1. Haena-Hanalei-Princeville-Kilauea-Moloa’a-Anahola 2. Kapa’a-Kealia 3. Wailua Houselots-Wailua Homesteads 4. Hanamaulu-Lihue-Puhi 5. Koloa-Poipu-Kukuiula 6. Kalaheo-Omao-Lawai 7. Eleele-Hanapepe-Kaumakani-Waimea-Kekaha-N’iihau Creates a Reapportionment Commission 12/20/21 Felicia Cowden 7 Councilmembers 4-4yr Full-time members At-large 3-2yr Part-time members, one per district (14, 15, 16) The 4 top vote recipients will serve at-large Next 3 votes will fill district seats Per email excerpts: “I can testify at the next meeting charter review commission but am not submitting my recommendation. Please send my thoughts along to the charter review commission. As a councilmember, I value representing the entire island(s). I believe it strengthens my ability to represent the north shore’s interest as I actively engage the needs of all the communities. I prefer at-large to districting” 12/20/21 Jonathan Jay 7 Councilmembers 3x2+1 2 per district (14, 15, 16) 1 at large Island-wide voting for all candidates. Highest vote recipient island wide is elected at-large, and then top 2 vote recipients by each district elected to fill the other 6 seats. Maintain existing island residency requirement for all candidates. Require district residency for voters, voters can choose their councilmember from the entire island wide slate of candidates.