HomeMy WebLinkAboutCRC_2022_0926_Notice_Agenda_Packet edit.pdf
LORI 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.
o
• 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 TELECONFERENCE MEETING NOTICE AND AGENDA
Monday, September 26, 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
Microsoft Teams Conferencing Information
Click on the link below or enter the url in your network browser to join on your computer or
mobile app by VIDEO:
https://bit.ly/3RdYnMZ
Or
Dial phone number and enter conference ID to call in and join by AUDIO:
Phone: +1 469-848-0234 United States, Dallas
Phone Conference ID: 204 647 910#
This meeting will be held in-person and via Microsoft Teams conferencing only. Members of
the public are invited to join this meeting by attending the meeting in-person at the address
above or using the link above or calling the number above with the conference ID
information. You may testify in-person or by video conference during the meeting or submit
written testimony in advance of the meeting via e-mail or mail. To avoid excessive
noise/feedback, please mute your microphone except to testify.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting of the Open Session
1. August 22, 2022
E. PUBLIC TESTIMONY
F. COMMUNICATION
PAGE 2 CHARTER REVIEW COMMISSION – September 26, 2022
G.BUSINESS
CRC 2022-17 Update, discussion, and possible action on a Commentary by
Commission to The Garden Island Newspaper and other media
venues and press releases.
CRC 2022-18 Update, discussion, and possible action on public education digital
campaign and publication.
CRC 2022-19 Update, discussion, and possible action on presentations on ballot
questions by Commissioners.
H.ANNOUNCEMENTS
Next Meeting: October 24, 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: Teresa Tumbaga, Deputy County Attorney
COUNTY OF KAUAI
Minutes of Meeting
OPEN MEETING SESSION
.
Board/Commission: CHARTER REVIEW COMMISSION Meeting Date AUGUST 22, 2022
Location Microsoft Teams, Boards & Commissions Conference Room,
Lihue Civic Center
Start of Meeting: 3:00 p.m. End of Meeting: 3:40 p.m.
Present Chair Lori Koga, Vice Chair Jan TenBruggencate. Commissioners: Bronson Bautista, Reid Kawane, Coty Trugillo (via Microsoft Teams). Also:
Teresa Tumbaga, Deputy County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela
Segreti.
Excused Marissa Sandblom
Absent
SUBJECT DISCUSSION ACTION
A. Call To Order Chair Lori Koga, called the meeting to order
at 3:00 p.m.
B. Roll Call Roll Call:
Commissioner Bautista-present
Commissioner Kawane – present
Commissioner Sandblom- excused
Commissioner Trugillo-present
Vice Chair TenBruggencate-present
Chair Koga- present
Quorum: 5 commissioners present
C. Approval of
Agenda
Chair Koga entertained a motion to approve the agenda.
Vice Chair TenBruggencate moved to
approve the agenda. Commissioner Kawane
seconded.
Motion carried 5:0
D. Minutes Open Session Minutes of June 20, 2022
Chair Koga entertained a motion to approve the minutes of June 20, 2022.
Correction to roll call Chair Kawane should be Commissioner Kawane.
Commissioner Kawane moved to approve the
minutes of June 20, 2022 with changes. Vice
Chair TenBruggencate seconded.
Motion carried 5:0
Charter Review Commission
Open Session
August 22, 2022 Page 2
SUBJECT DISCUSSION ACTION
E. Public Testimony None and no one in the audience.
F. Communication CRC 2022-13 Copy of letter to the Honorable Scott T. Nago, Chief
Elections Officer received July 14, 2022, from County Clerk, Jade
Fountain Tanigawa regarding the County of Kaua`i Charter Amendment
Ballot Questions: 2022 General Election.
Vice Chair TenBruggencate moved to
receive CRC 2022-13. Commissioner
Kawane seconded.
Motion carried 5:0
G. Business CRC 2022-14 Discussion and possible action on a Commentary by
Commission to The Garden Island Newspaper and other media venues.
Administrator Ching reminded the commission that at the last election
Vice Chair TenBruggencate wrote a commentary regarding the ballot
questions that was published in The Garden Island Newspaper. It could
also be turned into a press release if the commission would like to move
towards that.
Vice Chair Tenbruggencate agreed to draft something and that it would go
out with all the commissioners’ signatures, as well as a press release.
The commission discussed timelines in relation to election, publication of
ballot questions and mailing of ballots for the commentary.
Vice Chair TenBruggencate moved to begin
the process of preparing a commentary to be
run in The Garden Island Newspaper and
other media venues and that the Vice Chair
be tasked with doing a first draft.
Commissioner Kawane seconded.
Motion carried 5:0
CRC 2022-15 Discussion and possible action on plan for public education
which may include a digital campaign as well as a press release.
Administrator Ching is in the process of working on the digital campaign to
run from October 11-November 11, 2022 (general election).
Chair Koga asked how it is charged.
Charter Review Commission
Open Session
August 22, 2022 Page 3
SUBJECT DISCUSSION ACTION
Administrator Ching stated that the budget is approximately $29,400 and
that there will be a lot of ads deployed. They will be watching the ads in
real time so that ads can be tweaked if not getting enough clicks.
She continued to report that last election we got more clicks on google ads.
They will be using the same venues as last election.
Vice Chair TenBruggencate moved to
approve staff’s recommendation of the digital
campaign and press releases. Commissioner
Bautista seconded.
Motion carried 5:0
CRC 2022-16 Discussion and possible action on electing Commissioners to
represent the Commission to discuss the ballot questions.
Board discussed where they would go to discuss the ballot questions and
what it would entail. Vice Chair TenBruggencate shared different
opportunities that he participated in the past.
Deputy County Attorney reminded the commission that per the Sunshine
Law the commission needs to make the assignment and scope of each
members authority at a meeting before the presentation or event happens.
Commission discussed how it could be defined so that they do not need to
meet before each event.
Commissioner Bautista asked if commissioners are members of Lihue
Business Association (LBA) and three commissioners are presenting, not
the LBA member, does that mean the LBA member cannot attend the
meeting or would only 2 commissioners be able to present.
Deputy County Attorney Tumbaga stated that as long as they are not there
in the capacity of the commissioners that are presenting that is fine, just be
sure to avoid discussion of commission business.
Charter Review Commission
Open Session
August 22, 2022 Page 4
SUBJECT DISCUSSION ACTION
Vice Chair TenBruggencate stated that he wants to be sure to have someone
else when he presents as he recused himself from the Electric Authority
question and would not be able to discuss that item.
Vice Chair TenBruggencate moved that all
members of the Charter Review Commission
are authorized to discuss this year’s charter
items before groups as requested by staff,
subject to consideration that no more than
three participate in any one event and no
discussions occur among the entire board
outside of formal board meetings of items
under consideration. Commissioner Kawane
seconded.
Motion carried 5:0
H. Announcements Next Meeting: September 26, 2022
I. Adjournment Hearing no objections Chair Koga adjourned
the meeting at 3:40 p.m.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Lori Koga, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
4444 Rice Street, Suite 300 • Līhu‘e, Hawai‘i 96766 • (808) 241-4917 (b) • boardsandcommissions@kauai.gov An Equal Opportunity Employer
LORI KOGA, CHAIR JAN TENBRUGGENCATE, VICE CHAIR BRONSON BAUTISTA, COMMISSIONER REID KAWANE, COMMISSIONER MARISSA SANDBLOM, COMMISSIONER COTY TRUGILLO, COMMISSIONER
CHARTER REVIEW COMMISSION
Kauai County Charter Review Commission commentary on 2022 proposed charter amendments.
Four amendments to the Kaua’i County Charter will be up for public vote in the upcoming General
Election.
We, the members of the Charter Review Commission, recommend approval of all four. The commission
is a panel of Kaua’i residents who do not work for the county, and who are nominated by the mayor and
approved by the County Council.
As part of our educational outreach, we wanted to briefly review the proposals.
The first addresses an issue that came up this year with the resignation of our Prosecuting Attorney,
requiring a very expensive special election. Our proposal, essentially, is to allow the deputy prosecutor
to serve as prosecutor until the next regularly scheduled election.
The ballot language will read: Shall the County Charter be amended to require that future elections for
Prosecuting Attorney occur at the same time as the county’s regularly scheduled elections?
The second amendment would remove a Charter section that allows the county to form its own power
company. This section was inserted at the time Kauai Electric was for sale, and several entities, including
the county and KIUC, were discussing buying it. Now that KIUC has been operating the utility for more
than 20 years, the charter language seems unnecessary. (Note: Charter Commission member Jan
TenBruggencate, who also serves on the elected KIUC board, did not participate in commission
discussions or voting on this item.)
The ballot language will read: Shall the Charter be amended to remove Article 30 which allows the
Council to create an electric power corporation?
The third amendment would allow the citizen Salary Commission to establish salary caps for county
executives, both elected and appointed, removing County Council authority to reject those caps. The
Mayor or Council would still have the authority to pay a lower amount to employees under their
jurisdiction. In some election years, Council votes have reduced commission-recommended salaries for
some executives, and there has been concern that this makes it difficult to attract qualified candidates
for government service, particularly when some departmental employees earn more than their
superiors. The three other Hawai’i counties already give their Salary Commissions authority to establish
those maximum salaries.
The ballot language will read: Shall the Charter be amended to give the Salary Commission the authority
to establish the maximum salary for elected and appointed officials.
The fourth amendment would allow the county Finance Department more flexibility in determining
which county positions require surety bonds, to protect the county from loss in cases of fraud, neglect
CRC 2022-17
or other actions by employees. It would allow the Director of Finance to decide when to use public
officials insurance or employee crime insurance instead of surety bonds to protect the county’s
interests. The County Council would still have the power to require surety bonds in certain instances.
The ballot language will read: Shall the Charter be amended by removing the portion of Section 19.17
that requires surety bonds for certain officers and employees?
The Charter Commission is only authorized to recommend amendments that it feels are necessary or
desirable, and in each of these cases, we urge approval.
Details of these proposed amendments will be printed for public review and will be available on the
county website at www.kauai.gov/charter. If you have specific questions, please call the Office of
Boards and Commissions at 808-241-4917.
We, the members of the Charter Review Commission, appreciate your consideration.
Lori Koga – Chair
Jan TenBruggencate - Vice Chair
Bronson Bautista
Reid Kawane
Marissa Sandblom
Coty Trugillo