HomeMy WebLinkAbout2022_0523_CRC OP Minutes_Approved.pdf COUNTY OF KAUAI
Minutes of Meeting
OPEN MEETING SESSION
Approved as submitted 06/20/2022.
Board/Commission: CHARTER REVIEW COMMISSION Meeting Date MAY 23, 2022
Location Boards & Commissions Conference Room, Lihue Civic Center Start of Meeting: 3:17 p.m. End of Meeting: 4:53 p.m.
Present Chair Lori Koga. Commissioners: Bronson Bautista, Reid Kawane (3:30pm), Marissa Sandblom, Coty Trugillo. Also: Teresa Tumbaga, Deputy
County Attorney. Boards & Commissions Office Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti. County Attorney
Matthew Bracken.
Excused
Absent Vice Chair Jan TenBruggencate
SUBJECT DISCUSSION ACTION
A. Call To Order Chair Lori Koga, called the meeting to order
at 3:17 p.m.
B. Roll Call Roll Call:
Commissioner Bautista-present
Chair Kawane – tardy arrived at 3:30pm
Commissioner Sandblom- present
Commissioner Trugillo-present
Vice Chair TenBruggencate-absent
Chair Koga- present
Quorum: 4 commissioners present
C. Approval of
Agenda
Chair Koga entertained a motion to approve the agenda.
Commissioner Sandblom moved to approve
the agenda. Commissioner Trugillo
seconded.
Voice Vote:
4 Ayes, 0 Nays
Motion carried 4:0
D. Minutes Open Session Minutes of April 25, 2022
Chair Koga entertained a motion to approve the minutes of April 25, 2022.
Commissioner Sandblom moved to approve
the minutes of April 25, 2022. Commissioner
Bautista seconded.
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SUBJECT DISCUSSION ACTION
Voice Vote:
4 Ayes, 0 Nays
Motion carried 4:0
E. Public Testimony CRC 2022-10 Written testimony dated April 23, 2022 from Gary Hooser
regarding CRC 2022-08 and CRC 2020-17.
Commissioner Sandblom noted that Mr. Hooser referenced a no action
recommendation in the PIG report and she clarified that that was not one
of the recommendations.
Commissioner Trugillo moved to receive
testimony for the record. Commissioner
Sandblom seconded.
Voice Vote:
4 Ayes, 0 Nays
Motion carried 4:0
F. Communication CRC 2022-11 Possible conflict of interest and recusal dated May 12,
2022, from Vice Chair Jan TenBruggencate on CRC 2022-05, relating to a
proposed charter amendment to remove Article XXX relating to the
Electric Power Authority.
Chair Koga entertained a motion to receive CRC 2022-11.
Commissioner Sandblom moved to receive
CRC 2022-11. Commissioner Bautista
seconded.
Voice Vote:
4 Ayes, 0 Nays
Motion carried 4:0
CRC 2022-12 Memo dated May 17, 2022, from Matthew Bracken,
County Attorney, relating to a proposed Charter amendment to remove
Charter Section 19.17 Surety Bonds.
Chair Koga entertained a motion to receive CRC 2022-12.
Commissioner Bautista moved to receive
CRC 2022-12. Commissioner Trugillo
seconded.
Voice Vote:
4 Ayes, 0 Nays
Motion carried 4:0
G. Business CRC 2020-17 Discussion and possible action on proposing a Charter
amendment relating to Council Districting.
Administrator Ching reported to the Commission that Mr. Lyon’s
continues to email on the status of this item. She asked if the Commission
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Open Session
May 23, 2022 Page 3
SUBJECT DISCUSSION ACTION
wanted to keep this item on the agenda. She noted that it was deferred at
the last meeting and continue it on the agenda.
Chair Koga clarified that if the move to receive it will go off the agenda.
Deputy County Attorney Tumbaga clarified that a motion could be made
to be taken off the agenda and Chair may have it on the agenda at any
times. Or the Chair may use her discretion to have it on the agenda or not.
Commissioner Kawane joined the meeting at 3:30pm
Commissioner Trugillo moved to defer CRC
2020-17. Commissioner Kawane seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
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.
Administrator went over the suggested proposed language and edits made.
Deputy County Attorney Tumbaga read the exact language as edited for the
Background and Purpose to the Commission.
Commission discussed proposed language and edits for background and
purpose.
Administrator Ching read the ballot question: “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 election”.
The Commissioners worked with the Deputy County Attorney and
Administrator on a revised purpose: “The purpose of this amendment is to
amend the County Charter to avoid the high cost of conducting a special
election for the sole purpose of filling a vacancy of the Prosecuting
Commissioner Sandblom moved to approve
the revised ballot question as presented for
CRC 2021-08. Commissioner Bautista
seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
Commissioner Sandblom moved to approve
the revised purpose for 2021-08, taking out
“an independent” and replacing with “for the
sole purpose of electing a prosecuting
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SUBJECT DISCUSSION ACTION
Attorney”.
Deputy County Attorney Tumbaga read the edited portion of the
background: “The recent resignation of the Prosecuting Attorney triggered
a special election for the sole purpose of electing a Prosecuting Attorney,
pursuant to the Charter …”.
attorney” version. Commissioner Trugillo
seconded.
Commissioner Sandblom amended her
motion to approve the version noted in the
minutes. Commissioner Trugillo seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
Commissioner Kawane moved to approve the
revised background as presented for CRC
2021-08. Commissioner Bautista seconded.
Voice Vote:
5 Ayes, 0 Nays
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.
No discussion.
Commissioner Kawane moved to approve the
revised ballot question, purpose, and
background as written/presented for CRC
2022-05. Commissioner Trugillo seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
CRC 2022-09 Discussion and possible action on a proposal to amend
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SUBJECT DISCUSSION ACTION
Article XXIX of the Charter allowing the Salary Commission authority to
establish the maximum salaries of all elected and appointed officials.
Administrator Ching went over the amendments presented (on file) that
Deputy County Attorney Hugo noted regarding salary range to salary
maximum, and amendment by Vice Chair TenBruggencate regarding a
grammatical correction.
Deputy County Attorney Tumbaga suggested additional edits to the
presented background, The Salary Commission presents its research,
reports, and a resolution to the County Council, who can reject all or
portions of the resolution by a vote of 5 or more of its members”. Another
edit would be to the fourth sentence, which talks about what reports
included, “salaries inversions should be singular salary inversions before the
parentheses.
Commissioner Sanblom moved to approve
the amended ballot language and purpose as
edited for CRC 2022-09. Commissioner
Kawane seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
Commissioner Kawane moved to approve the
revised background for CRC 2022-09.
Commissioner Trugillo seconded.
Voice Vote:
5 Ayes, 0 Nays
Motion carried 5:0
CRC 2022-12 Discussion and possible action on a proposed Charter
amendment to remove Charter Section 19.17 Surety Bonds.
County Attorney Matthew Bracken presented an overview of the proposed
Charter amendment to remove Charter Section 19.17 Surety Bonds to the
Commission. He explained that the County currently has insurance which
covers Civil and Criminal acts of employees the same way that bonds would
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SUBJECT DISCUSSION ACTION
to protect the County. He explained that bonding employees in addition to
the insurances would be an added expense for the County as they would
need to bond all employees working with funds. He went on to state that
the County has not been purchasing bonds, though it is stated in the Charter,
and he would like to correct this.
The Commission asked questions regarding the County not bonding
employees and the County Attorney Bracken stated that in his eight years
the County has never bonded employees and he believes that is because of
the insurance coverage.
They Commission shared concern about coverage for the employees.
County Attorney Bracken explained that insurance covers civil acts but not
criminal acts by an employee.
He went on to share what he and the Director of Finance look at insurance
policies needs and costs annually and he suggested inviting the Director to
explore more about the policies and cost savings.
The County Attorney provided and shared proposed Charter language.
Commissioner Sandblom shared that she is not clear that the intent in 19.17
is included in 19.16, the intent of protecting employees.
Commissioner Trugillo shared she is uncomfortable with the purpose to
reduce cost of government when they are not currently purchasing surety
bonds.
County Attorney Bracken shared that he does want the County to comply
with the law. He stated that across the nation may counties do not purchase
surety bonds and people were using this law to remove officials from office.
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SUBJECT DISCUSSION ACTION
Commissioner Sanblom stated that she has concerns on the wording that is
being proposed.
Administrator Ching asked for more discussion on what they would like to
see, as well as possible changes to 19.16.
Commissioner Trujillo stated that she sees a protection for employees in
19.17, but not in the broad scope of 19.16 so is concerned that that’s all
that would be left and there will be no requirement to protect employees.
County Attorney Bracken stated that there are employee protections
anywhere else in the Charter, but are in other documents, for example
collective bargaining agreements. Non-union employees have it in other
State laws. He also clarified that he does not believe that people can be
removed from office by not having bonds, but it came to his attention
because people have tried in other counties.
Administrator Ching stated that there are a number of things in the Charter
that are outdated or doesn’t reflect what the County is currently doing, and
it is in the purview of the Commission to look at that.
Commissioner Sandblom clarified that Council can decide who needs to be
bonded and could say that none require it. County Attorney Bracken
affirmed but added that there are no resolutions on this.
Discussion regarding deleting the second sentence of 19.17 who
specifically needs to be bonded rather than deleting the entire section.
Commissioner Sandblom suggested having this item on the agenda next
month with a redraft of the language and asking the Director of Finance to
Commissioner Sanblom moved to have
County Attorney Bracken return with
amended ballot language, purpose, and
background. Commissioner Trugillo
seconded.
Voice Vote:
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SUBJECT DISCUSSION ACTION
attend to answer some questions. 5 Ayes, 0 Nays
Motion carried 5:0
H. Announcements Next Meeting: June 27, 2022
Commission discussed need for an earlier meeting in June.
Administrator Ching and the Commission congratulated Chair Koga on her
Small Business Association award.
Commission scheduled a special meeting for
June 20, 2022.
I. Adjournment Hearing no objections Chair Koga adjourned
the meeting at 4:53 p.m.
Submitted by: __________________________________ Reviewed and Approved by: _________________________________________
Anela Segreti, Administrative Specialist Lori Koga, Chair
(X) Approved as circulated.
( ) Approved with amendments. See minutes of