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HomeMy WebLinkAboutCOMM. 60.4 from K. Eoff transmitting Final ReportRENE SIRACUSA Chair DRU MAMO KANLJHA Vice Chair p- -to! ANA i. ""• � � ��11I�f�f�r VALERIE POINDEXTER JEFFREY MELROSE JOHN "MIKE" MIDDLESWORTH PATRICK KAHAWAIOLA`A LINDA UGALDE CRAIG "BO" KAHUI JOSEPH CARVALHO 2011 HAWAII COUNTY REDISTRICTING COMMISSION MEMORANDUM TO: Chairperson Rene Siracusa and Members of the 2011 Hawaii County Redistricting Commission FROM: Karen Eoff, Commission Secretary DATE: December 20, 2011 RE: Transmitting Final Report Attached for the Commission's review and approval, is the Final Report which the Commission is required, pursuant to Chapter 3 6, Section 3 6 -10, of the Hawai ` i County Code, to submit to the County Clerk by December 31, 2011. COMM. 60.4 Serving the Interests of the People of Our Island OF "%MPMMF %MM -6 .4 Clountp of 30awali 2011 Redistricting Commission FINAL REPORT RENE SIRACUSA Chair DRU MAMO KANLTHA Vice Chair December 22, 2011 ��, Y- OF t�f Co -' it - VALERIE POINDEXTER JEFFREY MELROSE t JOHN "MIKE" MIDDLES WORTH t PATRICK KAHAWAIOLA`A `•- --��- -� +j►afi, LINDA UGALDE Mw OF ',0'�' CRAIG "BO" KAHUI JOSEPH CARVALHO 2011 HAWAII COUNTY REDISTRICTING COMMISSION Jamae K.K. Kawauchi, County Clerk Office of the County Clerk Hawai' i County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Redistricting Commission Written Report The 2011 Hawaii County Redistricting Commission hereby submits its Written Report to the County Clerk. This communication transmits the Final Plan that was chosen by the Commission and supporting documentation pursuant to Chapter 36, Hawaii County Code (2005 Edition, as amended), and Article III, Section 3 -17, Hawaii County Code. The Commission wishes to express thanks to the administration and the county council for its support in the Redistricting process and thanks the citizens and organizations of Hawai` i County for their participation and input. Sincerely, Rene Siracusa Dru Mamo Kanuha Char Vice Char Valerie Poindexter Jeffrey Melrose Member Member John "Mike" Middlesworth Patrick Kahawaiola'a Member Member Linda Ugalde Craig "Bo" Kahui Member Member Joseph Carvalho Member Serving the Interests of the People of Our Island TABLE OF CONTENTS Final Report 1 (1) Final Vote of the Commission as to Choice of Final Plan 2 (2) Total Permanent Resident Population Base Used by the Commission 2 (3) Total Deviation of the Final Plan 2 (4) Each Proposed Council District's Population and Associated Deviation 2 (5) Maps of Each Council District and Written Description of Each Council District's Boundary 2 (6) Map of the Island With All Proposed Council Districts 2 (7) Justification for any Divergence from Requirements or Criteria 3 (8) Minutes of all Meetings and Public Hearings 3 (9) Documentation for Accepting or Rejecting Alternate Plans 3 (10) Any Other Data Used by the Commission 3 (11) Redistricting Commission Recommendations 3 LIST OF EXHIBITS EXHIBIT 1 Rules of Procedure EXHIBIT 2 Section 3 -17, Hawaii County Charter Chapter 36, Hawaii County Code 1983 (2005 Edition, as amended) EXHIBIT 3 Council District 1 Council District 2 Council District 3 Council District 4 Council District 5 Council District 6 Council District 7 Council District 8 Council District 9 EXHIBIT 4 Written Description of Each Council District's Boundary EXHIBIT 5 Map of County of Hawaii Showing all Council Districts EXHIBIT 6 Minutes of all Commission Meetings and Public Hearings EXHIBIT 7 Alternate Plan History Log EXHIBIT 8 Redistricting Commission Recommendations 2011 HAWAII COUNTY REDISTRICTING COMMISSION FINAL REPORT VALERIE POINDEXTER JEFFREY MELROSE JOHN "MIKE" MIDDLESWORTH PATRICK KAHAWAIOLA`A LINDA UGALDE CRAIG "130" KAHUI JOSEPH CARVALHO The Hawai' i County Redistricting Commission consists of nine members representing each of the 9 current County Council Districts. The members of the Redistricting Commission are chosen by the Mayor of the County of Hawai' i and approved by the Hawai' i County Council. District 1 Commissioner: District 2 Commissioner: District 3 Commissioner: District 4 Commissioner: Valerie T. Poindexter Jeffrey M. Melrose John "Mike" Middlesworth Patrick L. Kahawaiola`a District 5 Commissioner: Y OF RENE SIRACUSA Linda Ugalde Chair Dru Kanuha DRU MAMO KANUHA � �� : f� ,�a ;0 1 Vice Char Joseph Carvalho 2011 HAWAII COUNTY REDISTRICTING COMMISSION FINAL REPORT VALERIE POINDEXTER JEFFREY MELROSE JOHN "MIKE" MIDDLESWORTH PATRICK KAHAWAIOLA`A LINDA UGALDE CRAIG "130" KAHUI JOSEPH CARVALHO The Hawai' i County Redistricting Commission consists of nine members representing each of the 9 current County Council Districts. The members of the Redistricting Commission are chosen by the Mayor of the County of Hawai' i and approved by the Hawai' i County Council. District 1 Commissioner: District 2 Commissioner: District 3 Commissioner: District 4 Commissioner: Valerie T. Poindexter Jeffrey M. Melrose John "Mike" Middlesworth Patrick L. Kahawaiola`a District 5 Commissioner: Rene Siracusa District 6 Commissioner: Linda Ugalde District 7 Commissioner: Dru Kanuha District 8 Commissioner: Craig "Bo" Kahui District 9 Commissioner: Joseph Carvalho The work of the Redistricting Commission is governed by the Rules of Procedure of the 2011 Hawai' i County Redistricting Commission, a copy of which is attached to this report as EXHIBIT 1. In addition, the Commission is also required to follow the provisions of both the United States Constitution, the Constitution of the State of Hawai' i, Section 3-17, Hawai' i County Charter, Chapter 36, Hawaii County Code 1983 (2005 Edition, as amended), as well as applicable case law found from both the Federal and State Courts. Copies of Section 3 -17 of the Hawaii County Charter, and Chapter 36, of the Hawaii County Code are attached as EXHIBIT 2. The commission is required, pursuant to Chapter 36, Section 36 -10, of the Hawaii County Code, to submit a written report to the county clerk transmitting the final plan chosen by the commission. The written report shall include: Serving the Interests of the People of Our Island (1) FINAL VOTE OF THE COMMISSION AS TO CHOICE OF FINAL PLAN. The final vote of the Commission as to the adoption of the Final Redistricting Plan was unanimous. (2) TOTAL PERMANENT RESIDENT POPULATION BASE USED BY THE COMMISSION. The total permanent resident population used by the Redistricting Commission was 184,158. This resident population was determined by using the Total Population as determined by the United States Census of 2010: 185,079 and deleting 793 non permanent resident students by census block, 125 non permanent resident students by zip code, and 3 non permanent resident military living on base located by census block. (3) TOTAL DEVIATION OF THE FINAL PLAN. The total deviation in the final plan is: 9.47 %. (4) EACH PROPOSED COUNCIL DISTRICT'S POPULATION AND ASSOCIATED DEVIATION. The ideal Council District is comprised of 20,462 people. (184,158 total population divided by 9 Districts) COUNCIL DISTRICT TOTAL POPULATION DEVIATION District 1 20,017 -2.17% District 2 21,281 4.00% District 3 21,439 4.77% District 4 20,503 3.20% District 5 21,335 4.27% District 6 19,648 -3.98% District 7 19,820 -3.14% District 8 19,501 -4.70% District 9 20,614 3.74% (5) MAPS OF EACH COUNCIL DISTRICT AND WRITTEN DESCRIPTION OF EACH COUNCIL DISTRICT'S BOUNDARY. Maps of each Council District are attached as EXHIBIT 3. Written descriptions of each Council District are attached as EXHIBIT 4. (6) MAP OF THE ISLAND WITH ALL PROPOSED COUNCIL DISTRICTS. A map of the County of Hawai' i showing all Council Districts is attached as EXHIBIT 5. FINAL REPORT 2011 COUNTY OF HAWAII REDISTRICTING COMMISSION 2 (7) JUSTIFICATION FOR ANY DIVERGENCE FROM REQUIREMENTS OR CRITERIA. The Commission did not diverge from any requirements or criteria. (8) MINUTES OF ALL MEETINGS AND PUBLIC HEARINGS. Minutes of the 2011 Redistricting Commission Meetings and Public Hearings is attached as EXHIBIT 6. MEETING MINUTES PUBLIC HEARING MINUTES PUBLIC HEARINGS ON DRAFT PLAN April 25, 2011 October 1, 2011 District 1 November 21, 2011 West Hawai' i May 12, 2011 October 1, 2011 District 9 November 22, 1011 East Hawaii June 23, 2011 October 6, 2011 District 2 July 28, 2011 October 11, 2011 District 5 August 11, 2011 October 12, 2011 District 6 August 24, 2011 October 15, 2011 District 4 September 9, 2011 October 15, 2011 District 3 September 23, 2011 October 17, 2011 District 8 October 21, 2011 October 20, 2011 District 7 November 3, 2011 November 10, 2011 November 30, 2011 December 16, 2011 December 22, 2011 (9) DOCUMENTATION FOR ACCEPTING OR REJECTING ALTERNATE PLANS. The plan adopted by the Redistricting Commission includes in large part portions of alternate plans recommended to the commission by various community members. The minutes of the meetings of the 2011 Redistricting Commission reflect the reasons for the rejection of any plan prepared by a member of the public or staff or Redistricting Commission Member. An Alternate Plan History log reflecting the reasons for accepting or rejecting submitted plans is attached as EXHIBIT 7. (10) ANY OTHER DATA USED BY THE COMMISSION. The Redistricting Commission did not use any other data or criteria in the adoption the Final Redistricting Plan nor did they consider any other criteria in the deliberation on the selection of a plan. (11) REDISTRICTING COMMISSION RECOMMENDATIONS. Recommendations of the 2011 Redistricting Commission: Comments submitted by individual Commissioners are attached as EXHIBIT 8. FINAL REPORT 2011 COUNTY OF HAWAII REDISTRICTING COMMISSION 3 EXHIBIT 1 Rules of Procedure 2011 HAWAII COUNTY REDISTRICTING COMMISSION RULES OF PROCEDURE I. MEETINGS AND QUORUM a. Regular Meeting. Unless otherwise designated in advance, the date, time and place of regular meetings wi 11 be determined by a majority of the Commission members. b. Meeting Location. Meetings will be held at the Hawaii County Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720, or at the Hawaii County Council Chambers at the West Hawaii Civic Center, 75 -5044 Ane Keohokalole Highway, Building A, Kailua -Kona, Hawaii 96740, or such other location as the Commission may designate in advance. Videoconferencing may be utilized, subject to availability and applicable laws. C. Special Meeting. Special meetings may be called by the Chairperson or by a majority of the Commission. i) The time, date, and place of such special meeting shall be announced prior to adjournment of a regular meeting. If the Commission is unable to announce a special meeting prior to the adjournment of a regular meeting, written notice must be filed in accordance with HRS § 92 -7 and § 13 -20(c) of the Hawaii County Charter. d. Executive Meetings. The Commission may hold a meeting closed to the public for one or more of the purposes set forth in HRS § 92 -5, or where personal matters affecting the privacy of an individual are to be considered and the individual involved requests a closed meeting to consider such matter; however, any resultant official action shall be acted upon in an open meeting in accordance with § 13 -20(b) of the Hawaii County Charter. An affirmative vote of two - thirds of the members present is required to enter into executive session provided that the majority vote constitutes a majority of the members to which the board is entitled. The reason for holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. e. Public Hearings. Prior to completing a draft Redistricting Plan, the Commission is required to Conduct nine public hearings, one hearing In each of the nine Council Districts. Upon completion of a draft Redistricting Plan, the Commission shall hold at least one public hearing In east Hawal`1 and one In west Hawal`1. The Commission shall give public notice, in accordance with HRS § 92 -7 and Section 13- 20(c), Hawal `1 County Code, to inform the public of the time, place and subject matter of the public hearing. f. Committee Meeting. Reserved. g. Quorum. The majority of the members to which the Commission is entitled shall constitute a quorum for the transaction of business. In the absence of a quorum, a meeting may not be convened except for the purpose of either recessing the meeting to another date, time, and specific location or publicly adjourning the meeting due to lack of quorum. All Commission members shall attend all meetings unless excused by the Chairperson. If a Commissioner wants to attend a meeting via videoconference pursuant to HRS § 92 -3.5, a written request must be submitted to the Chairperson and approval obtained prior to the filing deadline of the agenda for that meeting. III S aa�7a9Xy:1►1O0 owl a I ION -bill r1W a. officers. The officers of the Commission shall consist of a Chairperson, a Vice - Chairperson. b. Nomination and election of the Chairperson. As provided in Article XIII, Section 13 -4(h), Hawai'i County Charter, a Chairperson of the Commission shall be elected from its membership annually. Any member of the Commission may be nominated as Chairperson and voted into the position at the first meeting of the Redistricting Commission by a majority of all members to which the Commission is entitled. C. Duties and Powers of the Chairperson. The Chairperson of the Commission shall be the presiding officer of the Commission and shall have the right to vote, debate, and make motions as other members. It shall be the duty of the chairperson to: L Maintain order and decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules; H. Set the meeting agenda. Items requested in writing by Commission members to be placed on an agenda within two regularly scheduled; [Am. 04110109] 111. Announce the business before the Commission in the order prescribed by these rules and announce the results of any Commission vote; 2 iv. When necessary or required, to sign and certify all official acts of the Commission and all vouchers, purchase orders, etc., for payment of expenditures of the Commission; V. To appoint committees, and consultants when authorized by the Commission, in accordance with applicable laws; and vi. Serve as the chief spokesperson and representative for the Commission before the public and the County government. All official information shall be released through the Chairperson. d. Duties and Powers of the Vice - Chairperson. It shall be the duty of the Vice - Chairperson to: L Exercise all duties and powers of the Chairperson in the Chairperson's absence; 11. Assist the Chairperson as needed; and 111. Perform other such duties as are prescribed by law or assigned by the Commission. IV. NOTICE a. The Commission shall comply with all notice provisions of HRS § 92 -7 and Hawaii County Charter § 13- 20(c). b. Agenda Items Submitted by Commission Members. Commission members may request, in writing to the Chairperson, that a particular issue be placed on an upcoming agenda. All requests must be made at least 10 days in advance of the meeting date. Unless otherwise requested and appropriate, agenda items submitted under t his section shall be placed under the agenda heading "Communications." [Am. 04/10/09] V. COMMITTEES a. Reserved. VI. VOTING a. Method of Voting. There shall be five methods of voting: 1. By voice; 11. By raising of hands; 111. By rising; iv. By unanimous consent; and V. By roll call. b. Voting Procedure. The method of voting shall be determined by the Chairperson of the Commission provided that if a vote is not unanimous, 3 the Chairperson shall announce the names of those members voting in the minority and those who are absent. If, however, a meeting is conducted via videoconference pursuant to HRS § 92 -3.5, voting on non - procedural matters shall be conducted via roll call. C. Abstentions. No member shall refrain from voting unless excused by the Chairperson or is otherwise excused by law. Unless a member is excused from voting, silence shall be recorded as an affirmative. d. Rule of the Majority. Procedural matters, requests for information, and internal Commission matters shall require the approval of a majority vote of those present at any meeting. Voting on the submission of the final plan shall require the approval of six (6) members of the Commission. e. Reconsideration. A vote of the Commission may be reconsidered in accordance with Robert's Rules of Order, 10th Edition and applicable notice requirements. VII. ORDER OF BUSINESS a. The order of business shall be as follows: i. Roll Call; 11. Introduction of Guests; 111. Statements from the Public; iv. Approval of Minutes; V. Communications; vi. order of the Day; V11. Unfinished Business; Vill. Reports; ix. Referrals for Executive Session; and X. Adjournment. b. Alterations to order of Business. The order of business may be altered by the Chairperson or by majority Vote of the Commission. VIII. PUBLIC STATEMENTS AND TESTIMONY a. Written Testimony. Written testimonies shall be received for the record on any agenda item. If possible, fourteen (14) written copies of the testimony should be submitted for presentation to the Commission by 12:00 noon the previous business day of the meeting. Testimony received after 12:00 noon shall still be received for the record and will be presented to the Commission members as soon as practicable. b. oral Testimony. Members of the public who wish to provide oral testimony shall abide by the following: i . Persons wishing to present oral testimony on any agenda item shall register with the secretary prior to the closing of statements from the public at the call of the Chairperson, indicating the item on which they wish to speak and their position, if any. Persons may provide their name, address, and organization they represent, if any; 11. The Chairperson shall call the name of the person wishing to speak, and all persons shall speak before a microphone, and be informed that their statements wi 11 be recorded; 111. Each person may speak for three (3) minutes for each agenda item that they wish to speak on. At the discretion of the Chairperson, any statements not relevant to an agenda item shall not be heard or considered; iv. No person will be allowed to speak more than once on the same agenda item; V. Any person wishing to speak on more than one agenda item shall register separately for each agenda item; Vt. All statements are to be made to the Commission in general, and not to any specific member; vii. With the exception of public hearings, Commission members shall refrain from making comments or asking questions of testifiers during statements from the public; viii. Written proposals regarding any alternate plans shal 1 be submitted as provided for in ordinance No. 11 -29; ix. Written statements on issues before the Commission may be deferred until such time as the subject matter referred to in the statement appears on the Commission's agenda. If deferred, the writer shall be informed when the issue will be on the agenda to allow the writer the opportunity to address the Commission and elaborate and/or provide clarity, should the writer so desire; X. All members of the public shall extend proper courtesy and respect to one another and to all Commission members and staff. All persons shall be addressed by their surnames and no profanity or abusive remarks will be allowed at any tune. Any person who is disrespectful to the Commission, staff or other members of the public through disorderly or contemptuous behavior, or who disrupts the exercise of any Commissioner's duty, may be removed from the meeting at the discretion of the Chairperson; and xi. Any person who does not abide by these rules may be ruled out of order by the Chairperson. 4 C. No Diminished Responsibility. Nothing in this rule shall diminish the responsibility or the authority of the Chairperson to maintain order and decorum. IX. REDISTRICTING PLAN a. Authority. The Redistricting Commission of the County of Hawaii shall comply with the provisions of the following: i. Section 3-17 of the Hawaii County Charter; 11. The provisions of Ordinance No. 11 -29, an Ordinance Establishing a Chapter Relating to Redistricting. "Chapter Redistricting. "; 111. All applicable Constitutional provisions and laws of the State of Hawai ' i; and iv. All applicable Constitutional provisions and laws of the United State of America. b. Deadlines. In order to ensure ample time to consider proposed redistricting plans, to consider alternate plans, and to ensure for public hearings as required under the Charter of the County of Hawai `i, time for the consideration of Alternate Plans as set forth in Hawai `i County Ordinance No. 11 -29, and the preparation and transmission of the written report transmitting the Final Redistricting Plan to the Clerk of the County of Hawai `i, the draft of the Final Redistricting Plan shall be completed by C. Draft Final Plan. Upon completion of the draft Redistricting Plan, the Commission shall conduct two public hearings, one in west Hawai ' i and one in East Hawai`l. d. Final Redistricting Plan. The Final Redistricting Plan and report shall be submitted to the Clerk of the County of Hawai `i no later than December 31, 2011. X. ORDER AND DECORUM a. A Commissioner must be recognized by the Chairperson before speaking. The member shall address the Chairperson when recognized and shall confine discussion to the question under debate and avoid personalities. b. Any Commissioner who arrives late at a hearing or meeting shall refrain from taking the Commission's time with questions and inquiries on matters already discussed. 6 C. If any Commissioner behaves in a disorderly or contemptuous manner during any session of the Commission or its Committees, the Chairperson shall order such member to cease and shall preserve the peace. If the Commissioner persists, the Chairperson shall order the offending Commissioner removed from the meeting, and that Commissioner shall not be permitted to be seated during the remainder of the session, except upon approval of the Chairperson or by majority vote of the Commission. d. All Commissioners shall extend proper courtesy and respect to one another and to all persons speaking before the Commission. No profanity or abusive remarks shall be allowed at any time in any meeting. e. All persons shall be addressed by their surnames. XI. PARLIAMENTARY AUTHORITY Robert's Rules of Order. The rules of parliamentary authority, where not inconsistent with these rules, shall be Robert's Rules of Order Newly Revised, I oth Edition. xII. EXPENSES Authorization. No member of the Commission shall incur any expense in which the member intends to seek reimbursement from the Commission except with the consent of the Chairperson. xIII. PUBLIC ACCESS Documents and Information. Any person may obtain information, or submit requests for records by contacting the secretary to the Commission subject to applicable laws. Copies of all official minutes, documents, agenda, procedures, statements, or decisions shall be available from the secretary at such costs as may be authorized by law. All official documents, agenda, procedures, statements or decisions shall also be placed on the County of Hawai`1 webslte: co.hawall.hi.us. xIV. MINUTES a. Generally. The Commission shall keep written minutes of all meetings. Neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed and the views of the participants. The minutes shall include, but need not be limited to: L The date, time, and place of the meeting, 7 11. The members of the Commission recorded as either present or absent; 111. The substance of all matters proposed, discussed, or decided, and a record, by individual member, of any votes taken; and iv. Any other information that any member of the Commission requests be included or reflected in the minutes. b. Availability. The minutes shall be public records and shall be available within thirty (30) days after the meeting except where such disclosure would be inconsistent with Section 92 -5, Hawaii Revised Statutes, or Section 13 -20 of the Hawaii County Charter. Minutes of executive meetings may be withheld only as long as their publication would defeat the lawful purpose of the executive meeting. XV. ATTORNEY AND SECRETARY TO THE COMMISSION a. Attorney. The attorney for the Commission shall be appointed by the Office of the Corporation Counsel, subject to confirmation by majority vote of the entire membership of the Commission. All requests for legal opinions shall be made through the Chairperson after discussion of the matter at a properly noticed meeting. All legal opinions will be distributed to the entire Commission and are subject to the attorney - client privilege. The duties of the attorney are as follows: L Attend all meetings of the Commission and its Committees; 11. Ensure compliance with all applicable open meeting laws, rules, and procedural requirements; 111. Provide legal research and opinions to the Commission; and 1v. other duties as required. b. Secretary. The secretary to the Commission shall be designated by the County Clerk of the County of Hawai' i, subject to confirmation by majority vote of the entire membership of the Commission. All assignments for the secretary shall be made through the Chairperson. The duties of the secretary are as follows: 1. Take and transcribe all notes and minutes of the Commission and Committee meetings; 11. Prepare and post the meeting agenda; 111. Securing and preparing the meeting location; iv. Receive and distribute public testimony; V. Set -up and break -down video- conferencing equipment when required; and vi. other duties as assigned. iN a XVI. AMENDMENTS AND REVISIONS To THE RULES OF PROCEDURE a. Amendments. These rules maybe amended at a regular meeting of the Commission by an affirmative majority vote of the entire membership of the Commission, provided that at least six (6) days advance notice of such amendment(s) and meeting are first given to each member. b. Revisions. Whenever changes to the rules are so extensive and general that they are scattered throughout the rules such that an entirely new set of rules, called a revision, is necessary, then such revision shall require the adoption by a two - thirds affirmative vote of the entire membership of the Commission. The notice requirement shall be the same as those for amendments. XVII . S EVERAB ILI TY In the event any rule contained herein is in conflict with the provisions of the U.S. Constitution, Hawai `i State Constitution, Hawaii Revised Statutes, Hawaii County Charter, or the Hawai `i County Code, such rule shall be deemed invalid. Such invalidity shall not affect other rules contained herein that can otherwise be given effect without the invalid rule, and to this end these rules are severable. These Rules of Procedure of the County Redistricting Commission were adopted by the 2011 County Redistricting Commission on April 25, 2011. Chairperson, County Redistricting Commission Secretary to the Redistricting Commission Attorney to the County Redistricting Commission I EXHIBIT 2 Section 3 -17, Hawaii County Charter Chapter 36, Hawaii County Code HAWAII COUNTY CHARTER Section 3 -17 Section 3 -17. County Redistricting Commission. (a) There shall be a county redistricting commission which shall establish the boundaries of the council districts. (b) The initial redistricting commission shall consist of seven members, two of whom shall be residents of the combined judicial districts of North and South Hilo, one from the judicial district of Puna, one from the judicial district of Ka`u, one from the combined judicial districts of North and South Kona, one from the combined judicial districts of North and South Kohala, and one from the judicial district of Hamakua. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13 -4. (c) Each subsequent redistricting commission shall consist of nine members. One member shall be a resident of each council district as established by the previous redistricting commission. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13 -4. (d) The year 1991 and every tenth year thereafter shall be redistricting years. The redistricting commission shall be appointed and confirmed by July 1 of the year immediately preceding the redistricting year, and shall file a redistricting plan with the county clerk by December 31 of the redistricting year. A report shall be filed with the redistricting plan providing an explanation of the commission's reasoning for the plan and how the plan complies with the criteria provided in subsection (g). The redistricting commission shall be dissolved after the filing of the redistricting plan. (e) Prior to completing a draft of the redistricting plan, the commission shall hold at least one public hearing in each of the nine council districts. Upon completion of a draft redistricting plan, the commission shall hold at least one public hearing in east Hawaii and one in west Hawaii. (f) The county clerk shall furnish all necessary technical and secretarial services for the redistricting commission. The council shall appropriate necessary funds to enable the commission to carry out its duties. (g) The redistricting commission shall adhere to the following criteria in establishing the boundaries of the council districts: (1) No district shall be drawn to unduly favor or penalize a person or political faction; (2) Insofar as possible, districts should be contiguous and compact; (3) District lines shall, where possible, follow permanent and easily recognizable features; (4) Districts shall have approximately equal resident populations as required by applicable constitutional provisions. (h) The district boundaries as established by the redistricting commission shall be in effect at the first regularly scheduled council election following the filing of the plan and for any subsequent council election. The district boundaries in effect prior to the filing of the redistricting plan shall remain in effect during the duration of the term of all councilmembers elected or appointed to represent such districts until the expiration of the full term of such councilmembers, including any election held to fill an unexpired term under Section 3 -5. (1990, Prop. 1, sec. 3; 2010, Prop. 5, sec. 1; 2010, Prop. 7, sec. 6) Section 3 6 -1. Definitions. Section 36 -2. Training. Chapter 36 REDISTRICTING Article 1. Definitions. Article 2. Training. Article 3. Redistricting Criteria. Section 36-3. Established criteria. Section 36 -4. Additional criteria. Article 4. Plan Deviations. Section 36 -5. Total deviation. Section 36-6. Maximum council district deviation. Article 5. Alternate Plan. Section 36 -7. Plan proposed by the public. Section 36 -8. Alternate plan consideration. Section 36-9. Alternate plan requirements. Article 6. Final Plan. Section 36 -10. Written report. Section 36-11. Challenges to the plan. i SUPP. 12 (7 -2011) iZEDISTRICTING § 36 -1 Chapter 36 REDISTRICTING Article 1. Definitions. Section 36 -1. Definitions. As used in this chapter: "Bizarre council district shape" means a council district that is drawn to have a very odd or grotesque shape, that has absurdities or is ridiculous in design, may cause grotesque projections into another district, may add an area that defies logic as to why it was included, or is so weird on its face that it is unexplainable on grounds other than gerrymandering. "Commission" means the redistricting commission. "Commissioner" means one of the nine members of the commission, duly appointed in the manner prescribed in section 13 -4 of the Charter. "Community of interest" or "community of common interest" means a group defined by actual shared interests. "Council district deviation" means the number of percentage points plus or minus 4.99 percent that a population assigned to a council district differs from that of an ideal council district's population. "Fracturing" or "cracking" means drawing council district lines so that a minority population is broken up and spread among as many council districts as possible, keeping them a minority in every council district, rather than permitting them to concentrate their strength enough to elect representatives in some council districts. "Gerrymander" means the process of drawing council districts with odd or bizarre shapes to create an unfair advantage. "Ideal council district's population" means the total number of the County's permanent residents divided by the number of council districts. "Minority population" means a group with similar demographics or characteristics that may share but not be limited to: ethnicity, political preferences, a socio- economic group, or a community of interest or community of common interest. "One person, one vote" means using a benchmark against which the residents of the County may measure democracy; the vote of each resident shall be as equally powerful as practicable and the population shall be divided as equally as practicable as to the County's permanent resident population so that each person and each interest has an equal amount of representation in government. "Packing" means drawing council district boundary lines so that the members of the minority population are concentrated, or "packed," into as few council districts as possible, resulting in a super - majority of that minority population in the packed council district. "Permanent resident" for census purposes means a person who is domiciled in the County for other than a temporary or transitory purpose. No person shall be deemed to have gained or lost a residence simply because of a person's presence or absence in compliance with military or naval orders of the United States, or while engaged in aviation or navigation, or while a student at any institution of learning. "Plan" means a redistricting plan proposed by the commission or any alternative plan submitted by the public. "Practicable" means reasonably capable of being accomplished, possible or feasible. "Redistricting" means establishing the boundaries of the council districts, which shall have approximately equal resident populations as required by applicable constitutional provisions. 36 -1 SUPP. 12 (7 -2011) 36 -1 HAWAII COUNTY CODE "Redistricting cycle" means that period of time when the United States Census Bureau conducts a census of the population of the United States of America in the census year followed by redistricting in the redistricting year, and culminates with the next general election following redistricting. "Region" means one of six geographical areas which includes: Puna, comprised of Upper and Lower Puna; Kona, comprised of North and South Kona; Kohala, comprised of North and South Kohala; Hilo, comprised of North and South Hilo; Ka`u; and Hamakua. "Socio- economic group" means a group that shares both economic and social characteristics. "Standard of fairness principles" means that the commission shall use honesty, morality, and fairness in its decisions regarding redistricting. "Total deviation" means the overall range used to measure the population equality of a plan; the difference between the council district with the most negative percentage deviation and the council district with the most positive percentage deviation. "United States census year" means those years ending in the numeral zero such as 2010, 2020, etc. "Vote dilution" means the limitation of the effectiveness of a particular group's vote by political gerrymandering. (2011, Ord. No. 11 -29, sec. 2.) Article 2. Training. Section 36 -2. Training. Commissioners shall be trained in redistricting law and the code of ethics by the office of the corporation counsel or its designated agent, and may be provided any other training by appropriate personnel to enable the commission to be efficient and educated on this topic. (2011, Ord. No. 11 -29, sec. 2.) Article 3. Redistricting Criteria. Section 36 -3. Established criteria. The commission shall adhere to the criteria in establishing boundaries of the council districts set forth in section 3 -17, subsection (g) of the Charter. (2011, Ord. No. 11 -29, sec. 2.) Section 36 -4. Additional criteria. In addition to the established criteria, the commission shall also adhere to the following criteria in establishing boundaries of the council districts: (1) Council districts shall have approximately equal, permanent, resident populations, as required by applicable constitutional provisions to prevent vote dilution to the maximum degree practicable. (2) Nonresident military personnel, nonresident military dependents, nonresident students, and foreign nationals or aliens shall be excluded from the permanent, resident population base used to calculate each proposed council district's population and its deviations from an ideal council district's population, if practicable. (3) An ideal council district's population number shall be used to determine by what percentage each council district's population deviates from the population of an ideal council district. (4) The number of council districts to which a region is entitled shall be determined by adding together the permanent resident population according to the United States census for the applicable United States census year within each region and dividing that number by an ideal council district's population. SUPP. 12 (7 -2011) 36 -2 iZEDISTRICTING § 36 -4 (A) Fractional portions of such districts shall be rounded to the nearest integer to determine the number of council districts required for that region. (B) Numbers from 0.10 to 0.49 shall be rounded down to the nearest integer. Numbers from 0.50 to 0.99 shall be rounded up to the nearest integer. (5) There shall be no partisanship or racism in drawing council district boundaries. (6) No council district shall be drawn to unduly favor or penalize an incumbent. (7) Council district boundaries shall be drawn without regard to any incumbent's residential location, any incumbent's ability to run for re- election in that incumbent's current council district, or whether any incumbent faces another incumbent for re- election. (8) Community of interest or community of common interest shall be respected and be kept together in the plan, if practicable. (9) Council districts shall be drawn to be as compact as practicable while maintaining the community or communities of interest. (10) The County shall use to the extent possible a reasonably current computer mapping program and shall make the program accessible to the public, if practicable. (ll) All parts of each council district shall be contiguous to the council district and be reachable by roads internal to the council district. (12) There shall be no gerrymandering for any reason. (13) The drawing of bizarre council district shapes shall be avoided even if a previous plan was designed using an odd, unusual, or illogical shape. (14) There shall be no fracturing, packing, or cracking of council districts, if practicable. (15) The one person, one vote principle shall be used. (16) If the commission establishes criteria in addition to those enumerated in the Charter and this chapter, the commission shall use impartial criteria that meet standard of fairness principles. (17) If practicable, socio- economic criteria used in developing the plan, not specifically set forth in this chapter, shall be identified, documented, and approved by majority vote of the commission, before drawing proposed council district boundaries. If practicable, socio- economic groups shall be kept together. (2011, Ord. No. 11 -29, sec. 2.) Article 4. Plan Deviations. Section 36 -5. Total deviation. (a) The total deviation for the entire plan shall be less than ten percent. (b) If a population of permanent residents must be assigned to a different council district to ensure that the total deviation is less than ten percent and such equalization involves reassigning any portion of a subdivision, the entire subdivision shall be moved as a unit, if practicable. (2011, Ord. No. 11 -29, sec. 2.) Section 36 -6. Maximum council district deviation. (a) The maximum council district deviation for a proposed council district shall not exceed plus or minus 4.99 percent of an ideal council district's population. (b) If practicable, documented, high - growth areas shall be drawn to receive the most negative council district deviation percentage in the final plan so that as a high growth area or district continues to increase in population between census years, the council district's deviations may be equalized. (2011, Ord. No. 11 -29, sec. 2.) 36 -3 SUPP. 12 (7 -2011) 36 -7 HAWAI`I COUNTY CODE Article 5. Alternate Plan. Section 36 -7. Plan proposed by the public. (a) Any resident or group of residents of the County shall have the right to propose an alternate plan to the commission for review. (b) The deadline for the submission of an alternate plan or plans shall be determined by the fourth meeting of the commission and that date shall be publicly announced. (c) Any proposed alternate plan shall be submitted to the commission at least eight weeks prior to the deadline for the draft plan. (2011, Ord. No. 11 -29, sec. 2.) Section 36 -8. Alternate plan consideration. (a) To be considered for commission review, the alternate plan shall include a computerized map of the proposed council districts, the total population number used to devise the plan, the total deviation not to exceed ten percent, and the deviation for each council district not to exceed plus or minus 4.99 percent. (b) An alternate plan shall be provided to the commission for discussion at public hearings unless the commission formally rejects the alternate plan for just cause. (c) Any alternate plan submitted for consideration that the commission has not formally rejected for just cause during public hearings shall continue to be considered by the commission for the remaining public hearings and meetings until a final plan is selected. (2011, Ord. No. 11 -29, sec. 2.) Section 36 -9. Alternate plan requirements. An alternate plan: (1) Shall conform to the criteria described in this chapter and in the Charter, and any other criteria adopted by the commission. (2) Having a lower total deviation than the commission's plan while not exceeding plus or minus 4.99 percent in any council district nor having a total deviation in excess of ten percent shall be selected for the final plan unless the commission can alter its plan to achieve an equal or lower total deviation than the alternate plan offered. (3) Shall include written justification for any divergence from the established criteria. (2011, Ord. No. 11 -29, sec. 2.) Article 6. Final Plan. Section 36 -10. Written report. (a) The commission shall submit a written report to the county clerk transmitting the final plan chosen by the commission. (b) The written report shall include: (1) The final vote of the commission as to its choice of plan; (2) The total permanent, resident population base used by the commission; (3) The total deviation of the final plan; (4) Each proposed council district's population and its associated deviation; (5) Maps of each council district and a written description of each council district's boundary; (6) A map of the island with all proposed council districts included; (7) Justification for any divergence from any of these requirements or criteria or any criteria added by the commission and, in addition: SUPP. 12 (7 -2011) 36 -4 iZEDISTRICTING § 36 -10 (A) Divergence from or adding additional redistricting criteria shall require formal adoption by the commission. The commission shall justify the divergence or addition to the redistricting criteria at a duly noticed and scheduled public meeting. Such justification and public meeting is to be held prior to the commission's selection or determination of any council district boundaries and before the deadline for fling an alternate plan or plans, as the case may be; (B) Written justification for divergence, criteria changes, and meeting minutes shall be included with the submission of the final plan and shall set forth the commission's rationale for divergences from or additions to the redistricting criteria. (8) Minutes of all meetings and hearings associated with the commission; (9) Documentation in the commission's final report stating the reason any alternate plan, whether accepted or not, was selected or rejected; and (10) Any other data used by the commission in its deliberations. (2011, Ord. No. 11 -29, sec. 2.) Section 36 -11. Challenges to the plan. In the event of a successful court challenge of a plan, the commission shall continue in operation and may assist the court in formulating a new plan unless a court of competent jurisdiction determines otherwise. (2011, Ord. No. 11 -29, sec. 2.) 36 -5 SUPP. 12 (7 -2011) EXHIBIT 3 Council District Maps ca r }+ us co rCN i L U) R ~ 4. L) � r rrrr � N ., a LO m r• a m � G ts C11 p •V 7 C3 r o _ ul Z u u 0 0 z2oc run) all � 1 rd, - i W. 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District: 2 Beginning at the intersection of Mauna Kea Forest Reserve boundary and Kaaliali Trail and running (1) Southerly along said trail to Kahinahina Trail; (2) Southerly along said trail to Waipahoehoe Gulch; (3) Southeasterly along said gulch to Nukupahu Gulch; (4) Easterly along said gulch to Hilo -North Hilo District boundary; (5) Northerly along said boundary to jeep trail; (6) Easterly along said jeep trail to Awehi Stream; (7) Easterly along said stream to Waiau Stream; (8) Southeasterly along said stream to unnamed road; (9) Southerly along said road(s) (TLID 203043444, 202998472, 202998316, 202998323, 202998318, 202998466, 202998319, 202998477, 203037610, 203037612) to Wailuku River; (10) Easterly along said river to Hawaii shoreline; (11) Easterly along said shoreline to Kamehameha Avenue; (12) Easterly along said avenue to Lihiwai Street; (13) Southerly along said street to Manono Street; (14) Southerly along said street to Kelcuanaoa Street; (15) Westerly along said street to Mililani Street; (16) Southerly along said street to E Lanikaula Street; (17) Westerly along said street to W Lanikaula Street; (18) Southwesterly along said street to Waiakea Stream; (19) Southwesterly along said stream to Komohana Street; (20) Southerly along said street to Haihai Street; (2 1) Westerly along said street to Haihai St extension; (22) Westerly along said extension to Waiakea Stream; (23) Southwesterly along said stream to unnamed feature; (24) Westerly along said feature(s) (TLID 630565060, 630565059) to Waiakea Forest Reserve boundary; (25) Westerly along said boundary to school district boundary; (26) Westerly along said boundary to trail; (27) Westerly along said trail to Mauna Loa Observatory Road; (28) Westerly along said road to Hamakua -North Hilo District boundary; (29) Northerly along said boundary to Pohakuloa Training Area boundary; (30) Northerly along said boundary to Saddle Road; (3 1) Northwesterly along said road to jeep trail; (3 2) Northeasterly along said jeep trail to Auwaialceakua Gulch; (33) Easterly along said gulch to Mauna Kea Forest Reserve boundary; (34) Easterly along said boundary to point of beginning. District: 3 Beginning at the intersection of Hawaii shoreline and access road extension and running (1) Westerly along said extension to access road; (2) Westerly along said road to Keaau Road; (3) Southwesterly along said road to Milo Street; (4) Southwesterly along said street to Railroad Avenue; (5) Southeasterly along said avenue to Keaau CDP boundary; (6) Southwesterly along said boundary to Keaau Pahoa Bypass Road; (7) Westerly along said road to Keaau -Pahoa Road; (8) Northwesterly along said road to Pahoa Road; (9) Northwesterly along said road to Cane Road extension; (10) Southwesterly along said extension to Cane Road; (11) Westerly along said road to Old Volcano Road; (12) Westerly along said road to Volcano Road; (13) Northerly along said road to North Road extension; (14) Southwesterly along said extension to North Road; (15) Southwesterly along said road to N Kulani Road; (16) Northwesterly along said road to Stainback Highway; (17) Southwesterly along said highway to South Hilo -Puna District boundary; (18) Southwesterly along said boundary to Mountain View CDP boundary; (19) Southwesterly along said boundary to Volcano CDP boundary; (20) Westerly along said boundary to school district boundary; (2 1) Northeasterly along said boundary to Waialcea Forest Reserve boundary; (22) Easterly along said boundary to unnamed feature; (23) Easterly along said feature(s) (TLID 630565059, 630565060) to Waiakea Stream; (24) Northeasterly along said stream to Haihai St extension; (25) Easterly along said extension to Haihai Street; (26) Easterly along said street to Komohana Street; (27) Northerly along said street to Waiakea Stream; (28) Northeasterly along said stream to W Lanikaula Street; (29) Northeasterly along said street to E Lanikaula Street; (30) Easterly along said street to Mililani Street; (3 1) Northerly along said street to Kekuanaoa Street; (32) Easterly along said street to Manono Street; (33) Northerly along said street to Lihiwai Street; (34) Northerly along said street to Kamehameha Avenue; (35) Westerly along said avenue to Hawaii shoreline; (36) Southeasterly along said shoreline to point of beginning. District: 4 Beginning at the intersection of Hawaii shoreline and Malama -Ki Forest Reserve boundary and running (1) Northwesterly along said boundary to Leilani Estates CDP boundary; (2) Westerly along said boundary to Pahoa- Kalapana Road; (3) Northerly along said road to Pahoa Village Road; (4) Northwesterly along said road to Keaau -Pahoa Road; (5) Northwesterly along said road to Hawaiian Paradise Park CDP boundary; (6) Northwesterly along said boundary to Pohalcu Drive; (7) Northeasterly along said drive to Keaau -Pahoa Road; (8) Northwesterly along said road to Keaau Pahoa Bypass Road; (9) Northwesterly along said road to Keaau CDP boundary; (10) Northeasterly along said boundary to Railroad Avenue; (11) Northwesterly along said avenue to Milo Street; (12) Northeasterly along said street to Keaau Road; (13) Northeasterly along said road to access road; (14) Easterly along said road to access road extension; (15) Easterly along said extension to Hawaii shoreline; (16) Southeasterly along said shoreline to point of beginning. District: 5 Beginning at the intersection of Volcano Road and Old Volcano Road and running (1) Easterly along said road to Cane Road; (2) Easterly along said road to Cane Road extension; (3) Northeasterly along said extension to Pahoa Road; (4) Southeasterly along said road to Keaau -Pahoa Road; (5) Southeasterly along said road to Keaau Pahoa Bypass Road; (6) Southeasterly along said road to Keaau -Pahoa Road; (7) Southeasterly along said road to Pohaku Drive; (8) Southwesterly along said drive to Hawaiian Paradise Park CDP boundary; (9) Southeasterly along said boundary to Keaau -Pahoa Road; (10) Southeasterly along said road to Pahoa Village Road; (11) Southeasterly along said road to Pahoa- Kalapana Road; (12) Southerly along said road to Leilani Estates CDP boundary; (13) Easterly along said boundary to Malama -Ki Forest Reserve boundary; (14) Southeasterly along said boundary to Hawaii shoreline; (15) Southwesterly along said shoreline to Hawaii Volcanoes National Park boundary; (16) Northwesterly along said boundary to Kahaualea Natural Area Reserve boundary; (17) Easterly along said boundary to Kahaualea Road; (18) Northwesterly along said road to Volcano Road; (19) Northeasterly along said road to Olaa Forest Reserve boundary; (20) Northwesterly along said boundary to Olaa Rain Forest boundary; (2 1) Northwesterly along said boundary to Volcano CDP boundary; (22) Northwesterly along said boundary to Mountain View CDP boundary; (23) Northeasterly along said boundary to South Hilo -Puna District boundary; (24) Northeasterly along said boundary to Stainbacic Highway; (25) Northeasterly along said highway to N Kulani Road; (26) Southeasterly along said road to North Road; (27) Northeasterly along said road to North Road extension; (28) Northeasterly along said extension to Volcano Road; (29) Southerly along said road to point of beginning. District: 6 Beginning at the intersection of trail and school district boundary and running (1) Southerly along said boundary to Volcano CDP boundary; (2) Easterly along said boundary to Olaa Rain Forest boundary; (3) Southeasterly along said boundary to Olaa Forest Reserve boundary; (4) Southeasterly along said boundary to Volcano Road; (5) Southwesterly along said road to Kahaualea Road; (6) Southeasterly along said road to Kahaualea Natural Area Reserve boundary; (7) Westerly along said boundary to Hawaii Volcanoes National Park boundary; (8) Southeasterly along said boundary to Hawaii shoreline; (9) Westerly along said shoreline to jeep trail extension; (10) Southeasterly along said extension to jeep trail; (11) Easterly along said jeep trail to Mamalahoa Bypass Road; (12) Southeasterly along said road to jeep trail; (13) Easterly along said jeep trail to unnamed road; (14) Easterly along said road(s) (TLID 614323848, 203002918) to Mamalahoa Highway; (15) Northerly along said highway to Honuaino Street; (16) Easterly along said street to Kealakekua CDP boundary; (17) Northerly along said boundary to rock wall; (18) Easterly along said wall to Kealakekua CDP boundary; (19) Easterly along said boundary to jeep trail; (20) Southeasterly along said jeep trail to North Kona -South Kona District boundary; (2 1) Easterly along said boundary to jeep trail; (22) Easterly along said jeep trail to North Kona -South Kona District boundary; (23) Southerly along said boundary to jeep trail; (24) Easterly along said jeep trail to Kau -North Kona District boundary; (25) Northeasterly along said boundary to Hawaii Volcanoes National Park boundary; (26) Northeasterly along said boundary to Mauna Loa Trail; (27) Northeasterly along said trail to Hamakua -North Hilo District boundary; (28) Northerly along said boundary to Mauna Loa Observatory Road; (29) Easterly along said road to trail; (30) Easterly along said trail to point of beginning. District: 7 Beginning at the intersection of jeep trail and Puu Waawaa Forest Reserve boundary and running (1) Easterly along said feature to Puu Anahulu Game Management Area boundary; (2) Easterly along said feature to jeep trail; (3) Easterly along said jeep trail to Bobcat Trail; (4) Southeasterly along said trail to Pohakuloa Training Area boundary; (5) Easterly along said boundary to Hamakua -North Hilo District boundary; (6) Southerly along said boundary to Mauna Loa Trail; (7) Southwesterly along said trail to Hawaii Volcanoes National Park boundary; (8) Southwesterly along said boundary to Kau -North Kona District boundary; (9) Southwesterly along said boundary to jeep trail; (10) Westerly along said jeep trail to North Kona -South Kona District boundary; (11) Northerly along said boundary to jeep trail; (12) Westerly along said jeep trail to North Kona -South Kona District boundary; (13) Westerly along said boundary to jeep trail; (14) Northwesterly along said jeep trail to Kealakekua CDP boundary; (15) Westerly along said boundary to rock wall; (16) Westerly along said wall to Kealakekua CDP boundary; (17) Southerly along said boundary to Honuaino Street; (18) Westerly along said street to Mamalahoa Highway; (19) Southerly along said highway to unnamed road; (20) Westerly along said road(s) (TLID 203002918, 614323848) to jeep trail; (2 1) Westerly along said jeep trail to Mamalahoa Bypass Road; (22) Northwesterly along said road to jeep trail; (23) Westerly along said jeep trail to jeep trail extension; (24) Northwesterly along said extension to Hawaii shoreline; (25) Northwesterly along said shoreline to Road extension; (26) Southeasterly along said extension to unnamed road; (27) Easterly along said road(s) (TLID 202971997, 202971994, 202971993) to Old Mamalahoa Trail; (28) Easterly along said trail to Old Mamalahoa Trail extension; (29) Northeasterly along said extension to Queen Kaahumanu Highway; (30) Southeasterly along said highway to drainage channel; (3 1) Westerly along said channel to Hualalai Road; (32) Southeasterly along said road to Queen Kaahumanu Highway; (33) Southeasterly along said highway to Hualalai Road; (34) Easterly along said road to Hienaloli Kahului Road; (35) Northerly along said road to Waiaha Stream; (3 6) Easterly along said stream to jeep trail; (3 7) Northerly along said jeep trail to point of beginning. District: 8 Beginning at the intersection of Mauna Lani Drive and Queen Kaahumanu Highway and running (1) Southwesterly along said highway to Waikoloa Village CDP boundary; (2) Easterly along said boundary to jeep trail; (3) Easterly along said jeep trail to Waikoloa Road; (4) Southeasterly along said road to Mamalahoa Highway; (5) Southwesterly along said highway to powerline; (6) Easterly along said powerline to jeep trail; (7) Southeasterly along said jeep trail to unnamed road; (8) Southeasterly along said road (TLID 203009746) to Keekee Road; (9) Northeasterly along said road to Pohakuloa Training Area boundary; (10) Northeasterly along said boundary to Saddle Road; (11) Southeasterly along said road to Pohakuloa Training Area boundary; (12) Southwesterly along said boundary to Bobcat Trail; (13) Northwesterly along said trail to jeep trail; (14) Westerly along said jeep trail to Puu Anahulu Game Management Area boundary; (15) Westerly along said feature to Puu Waawaa Forest Reserve boundary; (16) Westerly along said feature to jeep trail; (17) Southerly along said jeep trail to Waiaha Stream; (18) Westerly along said stream to Hienaloli Kahului Road; (19) Southerly along said road to Hualalai Road; (20) Westerly along said road to Queen Kaahumanu Highway; (2 1) Northwesterly along said highway to Hualalai Road; (22) Northwesterly along said road to drainage channel; (23) Easterly along said channel to Queen Kaahumanu Highway; (24) Northwesterly along said highway to Old Mamalahoa Trail extension; (25) Southwesterly along said extension to Old Mamalahoa Trail; (26) Westerly along said trail to unnamed road; (27) Westerly along said road(s) (TLID 202971993, 202971994, 202971997) to Road extension; (28) Northwesterly along said extension to Hawaii shoreline; (29) Northeasterly along said shoreline to unnamed feature; (30) Easterly along said feature (TLID 633845565) to Honokaope Court; (3 1) Southerly along said court to Honokaope Place; (32) Northeasterly along said place to S Kaniku Drive; (33) Easterly along said drive to Mauna Lani Drive; (34) Easterly along said drive to point of beginning. District: 9 Beginning at the intersection of Hawaii shoreline and Honokea Stream and running (1) Southerly along said stream to Hamakua -North Kohala District boundary; (2) Southerly along said boundary to South Kohala - Hamakua District boundary; (3) Southeasterly along said boundary to Kohala Forest Reserve boundary; (4) Southeasterly along said boundary to trail; (5) Westerly along said trail to Hauani Gulch extension; (6) Southeasterly along said extension to Hauani Gulch; (7) Southeasterly along said gulch to Kohala State Forest Reserve boundary; (8) Northeasterly along said boundary to unnamed gulch; (9) Southeasterly along said gulch(s) (TLID 634733712, 634733711, 614491750, 614491749, 202984769, 203008389, 202984768) to Mamalahoa Highway; (10) Easterly along said highway to White Road; (11) Southerly along said road to DHHL parcel boundary; (12) Easterly along said boundary to Hawaiian Hm Road; (13) Southerly along said road to Mana Road; (14) Southeasterly along said road to jeep trail; (15) Southeasterly along said jeep trail to Mauna Kea Forest Reserve boundary; (16) Southwesterly along said boundary to Auwaiakeakua Gulch; (17) Westerly along said gulch to jeep trail; (18) Southwesterly along said jeep trail to Saddle Road; (19) Southerly along said road to Pohakuloa Training Area boundary; (20) Southwesterly along said boundary to Keekee Road; (2 1) Southwesterly along said road to unnamed road; (22) Northwesterly along said road (TLID 203009746) to jeep trail; (23) Northwesterly along said jeep trail to powerline; (24) Westerly along said powerline to Mamalahoa Highway; (25) Northeasterly along said highway to Waikoloa Road; (26) Northwesterly along said road to jeep trail; (27) Westerly along said jeep trail to Waikoloa Village CDP boundary; (28) Westerly along said boundary to Queen Kaahumanu Highway; (29) Northeasterly along said highway to Mauna Lani Drive; (30) Westerly along said drive to S Kaniku Drive; (3 1) Westerly along said drive to Honokaope Place; (32) Southwesterly along said place to Honokaope Court; (33) Northerly along said court to unnamed feature; (34) Westerly along said feature (TLID 633845565) to Hawaii shoreline; (35) Northeasterly along said shoreline to point of beginning. EXHIBIT 5 Map of Hawaii County Showing all Council Districts cc AMA -7 EL U)o [a {p 0 L . W s �, 0 .— L Q z CD =3 IQ o CIL ,m Z (1) E 0 U U 0 0 0 L) = s zw- s f jj r _ lim h,., 1 2"V o.r L !f EXHIBIT 6 Minutes Attached Separately) EXHIBIT 7 Alternate Plan History Log PLAN DATE Keep Reject JUSTIFICATION Plan-1 8.24.11 X Splits u too communities p p many Elections Plan-2 8.24.11 X Elections Plan-3 8.24.11 X Splits u too communities p p many Elections Plan-4 8.24.11 X Splits u too communities p p many Elections Plan_S 8.24.11 X Splits u too communities p p many Elections Plan Splits up too many communities and odd _6 Yen Chin 8.2 4.11 X shaped districts Plan_? 8.24.11 X Splits u too communities p p many J. Melrose Plan _8 8.24.11 X Splits u too communities p p many Yen Chin Plan Splits up too many communities and creates _9 M. Middlesworth 8.24.11 X only one Hilo District Plan_10 8.24.11 X Scott Stoddard Plan_11 8.24.11 X Splits u too communities p p many M. Middlesworth Plan_12 8.24.11 X Deviations too high: +8% and -8% g J. Weatherford Plan _13 8.24.11 X Deviations too high g J. Weatherford Plan-14 8.24.11 X Splits u too communities p p many Rene Siracusa Plan-1 S 8.24.11 X Based on size of districts Koka Software PLAN DATE Keep Reject JUSTIFICATION Plan-16 Similar to Plan_10 that is being kept for J oe Carvalho 8.2 4.11 X discussion purposes. Plan 17 C. Saiki for 8.24.11 X Commissioners Plan Connectivity issues in Dist. 6 and splits _18 9. 9.11 X David Shii g i Waimea into 3 Districts Plan-19 9.9.11 X M. Middlesworth Plan-2 0 9.2 3.11 X High deviations g Margaret Wille Plan_21 9.2 3.11 X High deviations g Commission Plan-2 2 9.2 3.11 X High deviations g Commission Plan_23 9.23.11 X Commission Plan-24 9.23.11 X Doesn't meet the contiguous test g Margaret Wille Plan-2 S 9.2 3.11 X Doesn't meet the contiguous test g Margaret Wille Plan-2 6 9.2 3.11 X High deviations g Mary Walker Plan-2 7 9.2 3.11 X Non connectivity n several districts y Scott Stoddard Plan-28 9.2 3.11 X Dru Kanuha Plan-29 9.2 3.11 X Du licate of Plan 2 8 p Jeff Melrose - Plan_3 0 9.2 3.11 X Jeff Melrose Plan_31 Lack of road connectivity and only 1 Puna Brenda Ford 9.2 3.11 X district PLAN DATE Keep Reject JUSTIFICATION Plan-3 2 9.2 3.11 X Lack of road connectivity and only 1 Puna Brenda Ford district Plan-3 3 9.2 3.11 X District S is not compact p Brenda Ford Plan-34 9.23.11 X District 9 not compact p Brenda Ford Plan-3 S 9.2 3.11 X Connectivity ssues y Brenda Ford Plan-3 6 9.2 3.11 X High deviations in Districts 8 and 9 g Margaret Wille Plan-3 7 9.2 3.11 X High deviations in District 9 and connectivity Margaret Wille g issues Plan-38 9.23.11 X High deviations g Margaret Wille Plan-39 9.23.11 X High deviations g Margaret Wille Plan_40 (Plan-39 corrected) 9.2 3.11 X Commission Plan_10 10.21.11 X High deviation in District 4 and no support for it at Public Hearings Plan_17 10.21.11 X High deviations and splits Paradise Park Plan-2 3 10.21.11 X High deviations in 3 districts Plan-28 10.21.11 X Splits Waikoloa Village Plan_30 10.21.11 X Splits Volcano and Waikoloa Village Plan_40 10.21.11 X High deviations and splits Hawaiian Paradise Park PLAN DATE Keep Reject JUSTIFICATION Plan-40 revised 10.17.11 10.21.11 X Splits Keaukaha Plan-40 revised 10.19.11 10.21.11 X (Keep forfurther discussion) Plan-46 10.21.11 X (Save as Commission's Draft Plan-A) Plan-40 revised 11.1.11 11.3.11 X (Save as Commission's Draft Plan-B) Draft Plan_B 11.10.11 Revised (Save as Commission's Plan-C) Draft Plan_B 11.10.11 Revised (Save as Commission's Plan-B1) Draft Plan_B 11.10.11 Revised (Save as Commission's Plan-C) Draft Plan_B 11.10.11 Revised (Save as Commission's Final Draft Plan) Commission's Draft Plan 11.30.11 Revised ACCEPTED AS COMMISSION'S FINAL PLAN EXHIBIT 8 Redistricting Commission Recommendations RENE SIRACUSA 'hair DRU MAM4 KAN URA Vice Chair TO: FRAM: DATE: RE& VALERIE POINDE TER JEFFREY MELROSE JOHN "MIKE" MIDDLESWORTH PATRICK KAHAWAIOLA'A LINDA UGAI..,rDE CRAIG JOSEPH CARYALHO 2011 HAWAII COUNTY REDISTRICTING CdMMISSIdN larvae K. Kawauchi, County Clerk_ Michael Udovic, Corporation Counsel Rene` Siracusa,- Commission Chair December 2, 2011 . CHAIR'S NOTES FOR - INCLUSION IN FINAL NARRATIVE REPORT In order to ensure that these notes can also serve as a learning experience that will benefit the people of the Big island, County administration and County Council, t submit the following and request that this communication be included in the commission's final report. A. Obstacles faced by commission:. 1. Census - The commission was legally required to use the federal data teased on the 2U10 Census, However, a. the island was undercounted, and it is unknown by how much/where -this means that the basis population figures were already inaccurate before the software was even created; b, the census didn't elicit answers needed for definitive extractions: the simplified census form with only five questions did not clarify the distinctions between temporary and permanent residents -thus the extractions for non- resEdent military/military dependents/students S'e"hW the Interests of the People of Our Island was largely guesswork, with 271 students (zip codes only) not assigned to specific census blocks; c. many census blocks weirdly configured (don't follow subdivision boundaries, put half of one subdivision in same block as another community, strange shapes, blacks in the middle of other blocks, etc.) Under Ordinance 11 -24 they meet the definition af'bizaare council district shape'. Some examples in Puna alone: 15001021 - 0231224: strange shape with multiple `appendages'. 15Q41Q21- 1461000j1Q01: one block embedded inside another. 15001021- 1061003: includes a community inside overly large unpopulated block,. 15001021- 1064055: block embedded inside another block. 15001421- 1063046: part. of Hauv. Beaches subdivision at#ached to a huge unpopulated block,, 15041021- 106304$: same as above. 15QO1021- 0133045: this block surrounds 12 smaller blocks, embedding them. Rec�mmendation�: County administration should draft a letter to the U.S.- Census Bureau painting out these issues., indicating the problems they created in attempting to do a legal redistricting plan, and request that they review revise these pcoblems, especially the census blocks, prior to the new census. 2. Late start a The commissioners were not approved until March 31. b. The software was not available until end July. Recommendations: Because of the a�bo�e two factors, the commission was cramped for time in which to do their work, and had to Bauble up an meetings. They also had to schedule 4 public hearings in each of the council districts around the island within the month of October, and two meetings plus two hearings in November. This pub a lot of strain an the volunteers and staff and may have affected the quality of the result. The cogn#y clerk should alert- the coun#u cQUnul and the administratiQn well ahead of time to seek nominees to serve an the commission, and reminding them as needed. The County council should apgrove an ID appropriation for the software, so that we do not ,have to depend on the State's nggatiatians or timeline. 3. fSRt software a. convoluted mans of accessing for commissioners/public. b. paper roads on maps are misleading, erroneous. c, included roads, subdiuisions that no longer exist (i.e., Royal Gardens buried under lava). d. did not show all roads /streets (i.e,,,, Shower pr. cross-streets on north 0 & side of drive ), or identify all subdivision /community boundaries. e. difficult process to print strap - or a zoomed-in portion of a map. f. County had no say in contract details between Esri and Mate. �tecQmmenda#tons: The County should be the purchaser,, so that it can insist an software that corrects the above problems during the negotiation process. Since the commission came in way under budget,, the future amount to be appropriated for the software could take the real costs of the commission into consideration. 4w Ordinance 11-29 a. Alternate plan requirement (2) that plan with smallest deviation get priority, irregardless of other factors. The commission received maps with extremely small deviations that were horrible in all other respects. b. Maximum Council District Deviation (b) stags that "If practicable", allowance for future growth based on past trends (which may not continue into the future and is therefore rather nebulous compared with definitive criteria like road connectivity) be given the lowest deviation.. Yet the preponderance of testimony received from the Puna residents demanded that this be ignored and the Puna population for both new Puna districts be as high as possible, or even exceeded, so that Puna residents not be disenfranchised by being 'represented' by a Hilo councilpersan. There is a historical basis for this overriding sentiment. c. Maximum Council District Deviate (a): limitation to 4.999 deviation per district as an overriding mandated priority no matter what, and despite public input that keeping communities together should be the very highest priority ("people vs.- cumbers "). If commissioners are considered capable of judging haw to weigh various criteria, deviations should beincluded, as long as the 109 overall deviation is maintained. 4f this commission had been allowed some flexibility with the deviations, we would not have had to compromise and sacrifice so much, and the ultimate final plan would be better configured and have wider acceptance. Recommendations: a. The ordinance should be amended to delete this alternate plan requirement. b.- The ordinance should be amended to change the wording of this section, allowing the commission to use its own judgment while keeping, in general, the growth trends in mind and giving priority to {public input, c. The ordinance and any other legislation an this matter should be amended to allow, with justification., deviations that exceed the 4.999 by up to 296, provided that the overall- 109E deviation is upheld. B. Recommendations to the Hawaii County Council. Based on public input at our 12 meetings and 11 public hearings, it seems fitting that we share with the council some concerns raised by the residents so that they can each - improve their representation of their canstituencies. There was strong sentiment island -wide that some council members ignored parts of their districts and favored others - not accepting invitations to meetings and other events, failure to respond to letters, emaits and phase calls, etc. Also that where matters involved the interface of two council districts., some counciipersons were not able to work with their counterparts to address a common identified problem. The fact that this sentiment was so prevalent island -wide should be a red flag and a wake up tali for those holding political office. This commission recommends that it be taken seriously and_ appropriate measures taken. Final commen#s: As commission Chair t wish to put on record my appreciation and gratitude for the tremendous jab done by staff in keeping the entire process smooth-running, legal, pleasant and efficient. f also wish to thank Mayor Billy ICenoi for not attempting to influence or micro- manage, but for having confidence and faith that the carnmissionerS chosen were responsible, honest advocates for their communities and the entire island and would do their job faithfully to the best of their abilities, in as seamless and transparent a way as passible. And 1 believe that this goal was accomplished. Thank you for the opportunity to serve. Sincerely, Rene' Siracusa Chai r, 2011 Redistricting Commission FROM COMMISSIONER DRU KANUHA • The Number One priority of the testifying public was to Keep their communities together, and to not split them. Given the 4.99% maximum deviation passed by the Hawaii County council, this made it impossible. A more lenient 10% would have been more appropriate to Keep communities of interest together. As these communities grow in the next decade, Keeping communities of interest together will not be possible. • 1 will ditto everything commission chair Siracusa has stated on Communication 55.1 Boundry of District 7 and 6 • Census Block 150010214021012 is an elongated census block along the ocean that needs to be split up to not take up the entire shoreline of the area. • Starting at the ocean, District 7 boundary starts at Pa'aoao Bay heading east along the Hokuli'a subdivisions northern border (excluding Hokuli'a). Census Block 150010214021012(as written about earlier) made it impossible to Keep Hokuli'a in District 7. If this census block was included in district 7 it would have split Kealal<el<ua Bay state park, and this is not what members of the public or commissioners wanted to do. • The district 7 line then follows the Mamalahoa Bypass rd. south. Then the line went east, incorporating the community surrounding haleki'1 street. We did not use Haleki'1 st. as a southern boundary because it would have split a community surrounding this street. We followed the next census block south of this community and included it in to district 7. • The D7 -D6 line then goes north on Mamalahoa Highway. I did not want to use konawaena school road as the boundary between district 7 and 6 because it split the school in half. wanted to Keep the school whole. I took the line north towards the southern part of kainaliu and then followed an old road east. This line then followed census blocks to the summit of Mauna Loa. Boundry of District 7 and 8 • This boundary included all of the Kailua Village Business Improvement District(KVBID), except for those businesses east of Queen Ka'ahumanu Hwy. I did not want to split KVBID, neither did the testifying public. This is why it had to be in district 7. • It was crucial to put KVBID in District 7. If KVBID was in district 8 it would have split Kailua town right in half and that wasn't an option. I did not want to split this community. • District 7 includes all of the old Kona Airport because of its proximity to the town of Kailua. By including the old Kona airport, the census block boundary was made on the old mamalahoa trail, from the ocean to queen ka'ahumanu Hwy. • Boundary follows Queen ka'ahumanu hwy, headed south • Aloha Kona subdivision and the Pines subdivision could not be included in District 7 based off of the 4.99% maximum deviation. If these subdivisions were included in District 7, District 8 would have been a -8.35% deviation. Based off of this, we had to incorporate these subdivisions in district 8 instead of 7. D7 line excludes these subdivisions by following a census block north of the regency Hualalai Retirement Community and following Hualalai Rd to the south of these subdivisions. • D7 -D8 line then follows Hualalai Rd. East to Hienaloli Rd. where it goes north. • Line then follows Census blocks on the Waiaha Stream Boundary East to the Summit of Hualalai. • This boundary follows the Waiaha watershed boundary of kona. From the mountain to the ocean. From: Jeff melrose [mailto.jeff@isleplan. com] Sent: Friday, December 02, 20113:37 PM To: Udovic, Michael Subject: Redistricting report recommendations Mike My suggestions for the final report include: 1. Recommend to this County Council that it amend Ordinance 1129 (Bill 18) by striking Section 5 (2) which directs the Commission to adopt a public plan that has less deviation that the Commission's plan. This sends the wrong message about variances as being the most important measure and it undercuts the Commissions ability to make a sound, final decision that weighs all other factors. 2. The Commission should ask the Council to direct the County Clerk and the Office of Elections to begin in 2012 to work w/ the US Census to determine the issues associated with revising census tracts to reflect existing settlement patterns. If changes are feasible, the Office of Elections should undertake a comprehensive review of census boundaries to be adopted prior to the 2020 census. 3. 1 imagine the software will evolve in the next 10 years but it is important to get the commission schooled in the use of the technology as soon as they come on board. we spun our wheels for several months this time, due largely to State procurement and decisions related to "residency ►► To the extent possible the Office of Elections and the Clerk should work w/ the state earlier to get these issues resolved before the Commissioners start their work. Elections Staff need training in the software before the process starts so they can be a go ❑ to resource for the Commission and the public. If I think of something further, 1►11 send it on. Thanks for your help in this process. Jeff From: Joe Carvalho <kohala1 @yahoo.com> To: "mudovic @co. hawaii. hi. us" <mudovic @co. hawaii. hi. us> Sent: Wednesday, December 7, 2011 7 :20 PM Subject: comments Hi Mike, Just have a few comments about the 2011 redistricting commission -- 1. Census Blocks -- -some are strangely designed and too large. More thought needs to be given in shaping them, particularly at Mauna Lani - Waikoloa hotels examples are: Block 150010217041072 - -Takes both Mauna Lani golf course and Waikoloa hotels Block 150010217041035 -Takes makai side of Puako Beach Road all along the coast 2. Training -- -more time can be spent on training - - -the maps as is were wonderful and easy to use, luckily MikeM figured out how to get the numbers in the census blocks which should have been displayed automatically from the start. Ability to split screen at least two maps -- -that way you can see the current and new you are working on. 3. Definitely the 4.99% either way was helpful but keeping communities of interest together is more important, so maybe going up 7 -8 percent on either side would be better as long as it stays below 10 %. 4. Growth -- keeping it in mind is ok but more emphasis should be place on the now since so much can happen (like Puna and Kona) or not happen (Kau and Hamakua) Aloha, Joe From: Mike Middlesworth [mailto:mike@middlesworth.com] Sent: Saturday, December 17, 2011 10:07 AM To: Udovic, Michael Subject: my thoughts Mike -- I know that we talked about identifying problem census blocks, but there are simply too many of them to list. The most troublesome issue in my view is that there seems to be no logic in how they are drawn. Many are not bounded by roads, streams or any recognizable boundary. The variance in size and shape is mind - boggling, and that makes the redistricting process incredibly frustrating. That said, my guess is that there is little hope of change, since many statistical comparisons are probably based on the existing blocks and bureaucrats are loathe to change their metrics. Many of my other concerns will become moot in the next decade, I'm sure, as technology changes. The software we used this time will be replaced or updated and whatever is used 10 years from now will undoubtedly be much different. Using the ESRI package made our task much easier than was the case 10 years ago, I'm sure, and clumsy as it sometimes is, having it was a great benefit. The delay in negotiating its use, however, was a major stumbling block, and whichever state agency is responsible should be encouraged to have all of the tools necessary for the process in place at the end of 2019 for the next reapportionment /redistricting process. The ordinance governing redistricting should be amended to remove the section requiring use of an alternate plan that is more conforming numerically. If it were followed, it would negate many of the other provisions that are intended to insure fairness in the process. I was particularly bothered by the rules governing our meetings. It was very frustrating to not be able to engage in discussions with people who came to testify. I understand the reasoning for the rules, but there ought to be a way for the commission to respond to testimony as it is being heard.