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<br /> <br /> <br /> <br /> <br /> <br /> TESTIMONY ON ORDINANCE TO INITIATE A CHARTER <br /> AMENDMENT TO ARTICLE XI OF THE HAWAI'l COUNTY <br /> CHARTER (2000), RELATING TO INITIATIVE AND REFERENDUM, <br /> BILL 257 <br /> <br /> <br /> March 25, 2008 <br /> <br /> T0: Hawai'i County Council <br /> From: Marian Wilkins, Member, I & R Study Committee <br /> <br /> REFERENCES AND REASONS FOR PROPOSED CHANGES TO CHARTER <br /> AMENDMENT XI, INITIATIVE AND REFERENDUM <br /> <br /> During this and past studies on initiative and referendum done by the League <br /> <br /> of Women Voters, we have found that there are many ways to write <br /> legislation for initiative and referendums. We found that there is no perfect <br /> solution to all problems in any of the legislation we have read so we have <br /> selected what we thought was workable for Hawai'i County. <br /> <br /> THE SEARCH FOR DISPUTE RESOLUTION <br /> <br /> <br /> Perhaps the most important problem to be solved is who or what body <br /> resolves disputes, especially when it comes to the wording of the ballot title, <br /> the ballot question and the ballot summary. The same problem was faced <br /> by every state or jurisdiction that allows initiative and/or referendums. That <br /> problem is how to designate an impartial entity to resolve disputes. It may <br /> be impossible to be sure that someone is unbiased when making decisions <br /> <br /> but the attempt must be made. We had a rather unique problem in trying to <br /> designate such a person or entity in Hawai'i County. Since our county has <br /> no court system, we could not rely on a county judge or court to resolve <br /> conflicts as they can in states such as Oregon. There, the county mandates <br /> who does what and how many days it can take, etc. Since judges are elected <br /> in most jurisdictions there is less possibility of conflict of interest. Some <br /> areas choose a committee to write the language. Others have the elected <br /> <br /> district attorney write it, and so on. <br /> <br /> We only have one other county elected official who could possibly fill this <br /> role and that is the Prosecuting Attorney. After talking to our P.A., Jay <br /> Kimura, we determined that the duties outlined for that office did not seem <br /> to fit with vetting ballot issues, although, it could be done. <br /> <br /> Gomm. No. <br /> Ref. Ta ~r <br /> Ref. Date 5 008 <br />