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HomeMy WebLinkAboutMIN CHC 1989-05-17 Minutes of HAWAII COUNTY CHARTER COMMISSION May 17 , 1989 I . CALL TO ORDER Chairman Bethea called the meeting to order at approximately 3 : 35 p.m. at the Department of Liquor Control , Conference Room #230 , 101 Aupuni Street , Hilo, Hawaii . II . ROLL CALL Members Robert E. Bethea, Chairman Present: Sherwood Greenwell , Co-Chairman Pamela F. Cushnie H. Peter L'Orange Steven T. Nishikawa Akira T. Omonaka Members Francine Duncan Absent: David Fuertes James O. Juvik Aileen Lum Patricia M. Poppe Attorney: Christopher Yuen Secretary: R. Marie Jacobs Others J. R. Smoot , West Hawaii Committee Present : Fred Giannini , Corporation Counsel ' s Office William Bennett , West Hawaii Committee Sam Page, West Hawaii Committee John R. Hughes , KIPA David Luke, Dept. of Civil Service Larry Tanimoto, Dept . of Parks & Recreation George Yoshida, Dept . of Parks & Recreation Duane Kanuha, Planning Department Jon Ono, Prosecutor ' s Office III . APPROVE MINUTES OF 04/26/89 The minutes were unanimously approved upon motion made by Sherwood Greenwell and seconded by Steven Nishikawa. All were in favor. IV. FINANCIAL REPORT $4 , 852.40 was expended this month, leaving a balance of $92 , 579 .42. 348 V. DEPARTMENT OF CIVIL SERVICE Presentation by David Luke (Verbatim begins) BETHEA: Well then we will go on with the agenda items and I ' d like to ask Dave Luke to make his presentation. LUKE: Mr. Chairman and members of the commission, I 'm David Luke, Personnel Director , Department of Civil Service, County of Hawaii. I believe you have my memo- randum of May 12th ( inaudible) and various materials [Exhibit A] to the commission, and I 'd like to know how you wish for me to proceed on this . Shall I summarize this for you and be open questions? BETHEA: What ' s the feeling of the commission? Your report was circulated. I have read it. Would the commission like a summary first or should we go right into questions? GREENWELL: I think ( inaudible) give us some back- ground. . . summarizes . He suggests (inaudible) changes . LUKE: Okay. Is that the pleasure of the commission? BETHEA: Yes , please. LUKE: Our memo of May 12th transmitted various documents. And I 'd like to start with Attachments A, B and C. Attachment A spells out the purpose of the Department of Civil Service. And it clearly establishes the department as a merit-system agency for the County of Hawaii . Our responsibilities are enumerated in Chapter 76-1 of the Hawaii Revised Statutes , and this is the, in a nut shell , capsulizes the merit system of the state which applies to the County. No. 1 , we offer equal employment opportunity regardless of race, sex, age, religion, color , ancestry or politics . We also offer impartial selection of the ablest person for government service by means of competitive tests which are fair , objective, and practical . No. 3 , we offer just opportunities for compe- tent employees to be promoted within the service. Four , reasonable job security for the competent employee, including the right of appeal from personnel actions . Five, systematic classification of all positions through adequate job evaluation. And six, proper balance in employer-employee relations between the people, as the employer , and employees as the individual citizens , to achieve a well-trained, productive, and happy work force. 349 Attachment B is our organization chart . And Attach- ment C is our functional . . . function chart , with functional statements . And the function chart is broken down pretty much in line with our organization. There are a lot of functional statements there, but I 'd like to point out those that I believe are important in high- lighting our operations . Under administration, the first sentence is important . We direct and maintain departmental programs , and I 'd like to say. . .add that these programs are all in accordance with Civil Service laws . . .applicable to the Civil Service laws . No. 2 which is not there because we ' re talking about Civil Service laws when we prepared this functional statement chart , is that we also represent the mayor in collective bargaining. And that in a nut shell is the responsibility of the director ' s office. Insofar as the Civil Service Commission, you ' ll find that on the right of the chart , top right. There are two primary responsibilities of the Civil Service Commission. One appears in line 2 and that hear appeals . . . they hear appeals against the director of Personnel as well as any appointing agency. . .head of the. . . in the County. And they also prescribe rules and regulations to carry out the provisions of Chapter 76 and 77. Chapter 76 is the civil service law. Chapter 77 is the compensation law of the state. The functions of our various divisions appear below. I . . . insofar as our administrative services and transactions division, I ' d like to skip down to the third item. This division represents the Employees ' Retirement System of the state in providing information to employees and in receiving applications for retirement. So although we. . . the retirement system is a state organiza- tion, our office coordinates the applications and provides our County employees information on the retire- ment system and also any assistance that we can in filing the application. As far as the determination of employee benefits from the retirement system, how much they' ll get as far as the. . . in terms of what options they choose, etcetera, this is done directly between the employee and the retirement system. The next thing this division does that I would like to highlight is . . .appears directly below that. And that ' s administers the provisions of the Uniform Infor- mation Practices Act. This is a new act which has state- wide applicability and therefore covers our County, which governs the provision. . . information. . .government informa- tion to private citizens . And there is a new office established in the state that would administer this act and establish rules and regulations which we will abide by. 350 On the next page, we continue with the functions of the administrative services and transaction division. I ' d like to highlight the first and that . . . state that if . . .we audit and process payroll certification forms involved in personnel appointments , in-service changes and separations in accordance with laws , rules . . .and rules governing civil service classification and compensation. This may seem to be a housekeeping function, but it ' s very important , because this is the division that sees that all transactions . . . personnel transactions affecting emloyees are in accordance with the laws , rules and regulations and other (inaudible) contracts . No. 2 , the division maintains personnel records filed . . . Another very important function, we are the record agency for all employees of the County. BETHEA: Sorry (inaudible) , I missed that. LUKE: We are the record agency. We keep all the records for all employees of the County and all (inaudible) . And we. . .many of these records are permanent records . No. 3 , the division applies and interprets compen- sation laws as uniformly as practicable with the state and other counties in accordance with Section 76-2 , 76-3 and 77-10 , Hawaii Revised Statutes. This is also a very important activity for the division in that state law prescribes that all agency. . .all jurisdictions , County as well as state, must apply the same compensation laws to all employees regardless of jurisdiction; and these laws shall be applied uniformly. It also requires that any rules and regulations pertaining to these laws must be approved by the Civil . . .Coun. . . the Civil Service Commissions of all agencies. And they meet once a year in joint conference to review a. . . compensation laws that will be applicable to civil service employees . No. 4 , the division reviews independent contractor and employer-employee contracts for appropriate certifi- cation of the personnel director; and that ' s me. There are only certain types of contracts that can be left by the County and these contracts would be those that are excepted from Civil Service. . .employment that would be excepted from Civil Service. And an example of this would be 90-day. . . temporary employment of 90 days or less that are not readily found in our classification system. Or independent contractors , if we. . . the County chooses to contract an engineer for designing a bridge or an architect for designing a certain. . . things . And this is not part of our on-going Public Works activity, they may employee for contract . . . independent contractors to do this. I 'd like to turn back to the first page of our 351 function chart and move on to the next division and that ' s our classification and pay division. The first statement is important. We develop and maintain the position classification plan, also state, and also the (inaudible) . . .down. . .also develop and maintain the compensation plans of the state. And this essen. . .not the state, the County. I 'm sorry. And this essentially means that we classify all positions in accordance with the Civil Service law and our responsibilities and we also determine the pay grades of positions. All new classes and all pay grades of new classes are done in conjunction with all civil service agencies of the state. Whenever we establish a new class , we circulate this class among all civil service jurisdictions , get the comments of the personnel directors and also determine the pay grade of this class in cooperation with the personnel directors . We also meet . . . the personnel directors also meet once every two years to determ. . .to review the pricing and repricing of classes and in this way we apply our equal pay for equal work law. And this law essentially says that if we have a laborer in the counties in the same kind of work as a laborer in the state working side-by-side, except one is the state highway and the other is the County highway, that both laborers should be paid the same. Moving to the right to our recruitment and exam- ination division, I 'd like to highlight the first function. That is , administers the overall recruitment and examination program of the Couny. And also the second, develops a career service in government to attract , select and retain the best of citizens on merit , free from coercive political influences , with incentives in the form of of genuine opportunities for promotion (inaudible) service. These are the two basic functions of the recruitment and examination division. All of the rest of the functional statements , so forth (inaudible) . Moving over to the right again, labor relations . We participate in collective bargaining negotiations as a member of the County' s negotiating team. We also admin- ister a program involved in the implementation of collective bargaining agreements and the interpretation of provisions during the life of the contract. So we represent the mayor at the bargaining table. We also administer the contracts once they are negotiated. Moving over to the right again, personnel develop- ment and training. We coordinate the County-wide training activities. We increase employee efficiency and fitness for County service, although the rest of the functional statements support this basic activity. I might ask you if you have any questions at this point . 252 GREENWELL: I 'm not quite sure of one thing. On this paper (inaudible) , Attachment C, members. Five members appointed by the mayor, confirmed by the Council. The Charter says seven. LUKE: I ' ll get to that in my. . . the next section (inaudible) . If I may proceed to the second paragraph of my May 12th, 1989 memo to the Council [commission] . In addition to what I just covered, in effect it ' s A, B and C, the department is also transmitting a graph of a proposed amendment to Article 7 , Chapter 1 of the Charter. And this appears in Attachment D. In brief , this amendment proposes to do the following: No. 1 , change the number of Civil Service commissioners from seven to five. There is a conflict between Section 76-71 , Hawaii Revised Statutes, in the Charter. Section 76-71 , H.R. S. testifies that there shall be five commissioners and the attorney general has ruled that the statute prevails in this instance. So the question has been taken up. The Charter says that we should have seven commissioners; the state law says that we should have five commissioners . The attorney general has ruled on this , and state law prevails in this state, because there is a direct conflict between the law and the Charter. I. . . GREENWELL: But the mayor ' s been appointing five? LUKE: Beg your pardon? I . . . GREENWELL: The mayor ' s been (inaudible) appointing five? LUKE: Yes. GREENWELL: But he (inaudible) according to the Charter? LUKE: When the attorney general ' s opinion was received quite some time ago, the commissioners who were reduced from seven to five, and we've had five all along. L 'ORANGE: Mr. Chairman, may I ask a question (inaudible) that? BETHEA: Yes , go ahead. L'ORANGE: Chris, do we have to do anything with that? Or do we just instruct you to make it. . .the changes to comply with state law? YUEN: To change the text of the Charter, you. . . the commission would have to propose an amendment. 353 L'ORANGE: We have to propose an amendment? YUEN: Yes , we. . .we wouldn' t have the power simply to state that the present Charter is wrong, and we have to follow state law. As a practical matter, if indeed. . . if indeed the state law supersedes it , it doesn' t really matter what the Charter says. The Charter can say 13 and you still have to have five. But if you wanted to make ' em consistent and eliminate any problem, then an amendment should be proposed that we change the text . . . L'ORANGE: (Inaudible) with the procedure. Okay. Thank you. LUKE: Mr. Chairman. Members of the commission. I do have a proposed amendment which is Attachment D. And this proposed amendment specifies that there shall be five members of the commission. And if you adopt it (inaudible) to the Charter. . . Section 7 of the Charter. . . or Article 7 of the Charter, what I propose in. . .will be in the Charter. BETHEA: You know, what occurs to me in that connec- tion is that if state law prevails with respect to this and state law does fix the members of the Civil Service Commission, perhaps if the Charter is going to deal with it , we should consider having the Charter , say, we' ll have whatever is prescribed by state law. And then refer to Section 13-4 which sets out methodologies for. . .of appointment and how the terms are staggered, depending on whether you have five, seven or nine members. So I would ask counsel just to consider that perhaps with respect to this commission, since it is controlled by state law, and state law for all we know could be amended next year to say that it should be nine members , that we might wanna consider that we will . . . it ' ll consist of that number of members required by state law from time to time, and appointed by the mayor and confirmed by the Council in the manner prescribed by Section 13 .4. It might last longer that way. GREENWELL: Well (inaudible) clean it up (inaudible)? BETHEA: Well , actually, we should. . .we would be cleaning it up if we said that in accordance with state law, you know. But (inaudible) . GREENWELL: (Inaudible) ' cause I didn' t agree with you. I think, as we come up with a new Charter, it should be that the Charter is not going to be (inaudible) . BETHEA: Yeah. What I 'm suggesting is that we think about , is to have it tied into the state. . . 354 GREENWELL: Yep. BETHEA: . . .statute. GREENWELL: I (inaudible. ) BETHEA: So whatever , if the state law changes in the next ten years, the Charter follows along automati- cally. I just think it would be an improvement in (inaudible) . GREENWELL: ( Inaudible. ) BETHEA: Alright. Please proceed. LUKE: Thank you, Mr. Chairman. In the same section as our proposed amendments to Article 7, item 2 , we propose that. . .to provide for a five-year staggered term of civil service commissioners. When the number of commissioners was changed from seven to five, the staggered terms were disrupted. The amendment will eventually establish five-year terms which are staggered one year apart. The attached chart, and I ' ll refer to Attachment E, portrays what we mean by disruption of the staggered terms . If you turn to chapt . . .Attachment E, you' ll see at the top the terms of our current commissioners. Robert Paddock, he began on January 1st , ' 86 and his term ends on 12/31/1990. Jane Yanabu and Barney Meadows who were appointed 1/1/88 , their terms expire 12/31/92 . Piilani Desha and Lokelani Richards-Silva were appointed 1/1/89 ; their terms expire 12/31/93 . So therefore, we have five commissioners but truly, only three staggered terms. In order to get the staggered terms back, we pro- pose that our amendment in Attachments D. . . the language in our Attachment D, be into the Charter. And this would allow us , in our recommendation, to re-stagger the terms as indicated in the last option. If you look at the bottom of the page, up. . .for five. . .five commissioners , we propose that the next commissioner appointment be 1/1/91 and this be for a five-year term, ending 12/31/95. When the terms of Jane Yanabu and Barney Meadows end on 1/1/90. . . 12/31/92 , we propose that their replacements be appointed as follows: one be appointed for a, five-year term beginning 1/1/93 and ending 12/31/97 and the other being appointed for a shorter term, beginning 1/1/93 , ending 12/31/94 . And then when the terms of Piilani Desha and Lokelani Richards-Silva expire on 12/31/93 , their replacements again be appointed as follows: one for a five-year term and one for a shorter term. Now this language does not have to be. . .appear in 355 the Charter. What I just described. Our proposed amendment to the Charter in these would provide us the opportunity to do this. And when I say, the opportunity to do this , it ' ll provide the mayor the authority to make these shorter-term appointments , so that after a while we will have five commissioners with five-year staggered appointments . BETHEA: On that issue, I would ask counsel to consider whether or not there' s some generic way to resolve the problem even if the Legislature changes , with respect to the staggered terms. Will you look at it? YUEN: Certainly, I . . . it appears to me that what happened in the appointments is that they followed the procedure for a seven-member commission where you have two dropping off at a time; if you' re gonna go five, you've got to have. . .you have to have some kind of transition. There' s certainly some easy way of doing that. LUKE: That ' s exactly what happened. When there were seven members , we had a member being appointed every year. But when they dropped two members (inaudible) staggered terms. BETHEA: Mr. Luke, let me ask you a question about your proposed amendment to 7-1 . 2. The. . .where you set out the Civil Service Commission (inaudible) and you have items 1 , 2, 3 . As I read the Charter provisions before, there was no specific description of the duties of the Civil Service Commission. It simply said that the Civil Service Commission shall function according to statute. Now, should we again, since the Civil Service Commission functions are regulated by statute, should we spell them out or simply leave in the statement that they shall function in accordance with statutes so that it is always conistent? In other words, we got into trouble because we had seven members and the Legislature changed it to five. If the duties of the Civil Service Commission and their powers are fixed by statute, which may change from time to time, and are completely beyond our control , I 'm simply asking you, would it be better rather than spell these duties out , which could change because statutes change, to simply leave in a sentence such that the Civil Service Commission shall function according to statute or shall have the powers and duties fixed by statute? LUKE: Mr. Chairman, that certainly is an option. And it would be an. . .probably a longer lasting type option. I did mention when I went through the functions of the Civil Service Commission, that the. . . their primary 356 responsibilities were in two areas. And one was to hear appeals and the other to adopt rules . We highlighted this under items 1 and 2. We also had that catch-all statement , the commission shall have such other powers and duties as may be provided by law or rules and regu- lations. So it could go either way. In our proposal , we have fashioned this section after, I believe it was Maui county. They have a similar state. . . set of statements. So it ' s certainly up to the Charter Commission as to what your pleasure would be in this area. BETHEA: Let me go on; I have another question. LUKE: Yes . BETHEA: With respect to. . .because I think we under- stand what you' re talking about. You spelled it out here and we can decide how we want to do it . With respect to Section 7-1 . 3 , when we took testimony from the Chief of Police, he suggested that the commission, in connection with the removal of the person. . . of the personnel director, that perhaps there should be a hearing. Are you comfortable with this language? Or do you feel that a personnel director should be removed by the commission only after a hearing duly held? LUKE: Frankly, I haven' t thought of this , but I ' d be comfortable with this language if the commission can appoint the personnel director , and they have the authority to do so, if there' s lost confidence in the director , they should be able to do this. I would suppose that their loss of confidence would be based on some fact, because you have a five-member commission and to get the majority of commissioners to rule one way would certainly have to be based on some problems of that . . . like you say, I haven' t thought of it , but I 'm comfortable with the way it is. GREENWELL: Mr. Chairman. Is this set up by statute? LUKE: The appointment and the removal? GREENWELL: Yeah. LUKE: I don' t know. GREENWELL: I was just wondering if isn' t crucial here, why mention it again. LUKE: Yeah. You might be right. It might be covered in Chapter 76 , and. . .at this point I really don' t know. 357 GREENWELL: I (inaudible) . CUSHNIE: Mr . Chairman? BETHEA: Yes. CUSHNIE: Along the same lines , Section 7-1 . 2 , I noticed in your proposed wording, you 've left off the representation of geographical areas. Is there a reason for that? LUKE: Yes and. . .shall I explain it? Mr. Chairman, I 'd like to make a statement now so that I don' t lose it . And this is regards to staggered terms. We have discussed this with department. . . I have discussed this with the mayor ' s office with the managing director and we have her blessing and the mayor ' s blessing to propose this change of the Charter to stagger the terms. I also discussed this with our Civil Service Commission which met on Monday. And they quoted that I convey their sentiments to you all that they are in agreement with establishing these staggered terms. Okay, with regards to your question, that in item No. 3 , that our proposal (inaudible) district representation for commissioners , H.R.S. , Hawaii Revised Statutes , does not prescribe district representation for commissioners , and the reduction of commissioners from seven to five has rendered the original disre. . . that they should obsolete. So, with five commissioners we cannot appoint by districts as prescribed here, which is set up for seven commissioners. And this is our recommendation. BETHEA: Are there any other five-member commissions that have any geographical area representation? Does anybody know? What is the Police Commission? Seven or five? I can' t recall . OMANAKA: Nine (inaudible) . BETHEA: Nine? Police Commission? OMANAKA: Seven. L'ORANGE: Seven. BETHEA: Seven. L'ORANGE: It spells it out. BETHEA: Right. CUSHNIE: I think that needs looking into if we' re going to have a commission representative of the County. 358 We may have to ask them. . . H.R.S. , to revise that (inaudible) . L'ORANGE: No, I don' t believe that is. . . that ' s not H.R. S. CUSHNIE: (Inaudible. ) LUKE: H.R. S. does not prevent you from coming up with district representations. It ' s just that (inaudible) H.R. S. , so you may be. . . I think you can come up with district representation and this would not be in conflict with H.R. S. BETHEA: Yeah. My point was that Section 13 .4 contemplates a five-member commission and it doesn' t have any reference to geographical district . I was simply asking whether or not there is any other commission that functions with five, and I don' t think so. I think they' re all seven. Some of them are nine. Unless anybody knows any different . So this would be one that maybe, it would simply be in that large appointment rather than referencing particular districts. L'ORANGE: Mr. Chairman, you can save (inaudible) . BETHEA: There are five representative districts . Right . So we could have representative districts if we wanted to, without being in conflict with state statute, unless state statute is construed as prohibiting the Charter to set out further requirements or more specific requirements . LUKE: Mr . Chairman, if I may comment , if we ' re talking about commissioners representing County employees and residents , these. . . the population right now is set in Hilo and in Kona. So if you have a representative from each district , Hilo might be short in their represen- tations , you know. And Kona might be short. Whereas , the. . .you have one from, I don' t know, from another district that would have that number of employees or population. So, you might consider this , if you push the. . .for district representation back into the Charter, that can be applied (inaudible) the commission. Right now, because someone determined that district represen- tation was obsolete, when the commission was changed from seven members to five. Right now, we have two or three people appointed from Hilo, one from Kona, one from South of Kona Coast to South Kona. So we might wanna consider this , whether you' re really representing the employees and the population equally. 359 GREENWELL: The representation on the commissions though has never been one that is relative to the population. It ' s geographic districts . So I can' t see that that would enter into it. Unless that ' s gonna be changed along with other districts . And you might pick up later. BETHEA: Yes , I think that ' s correct, Mr. Greenwell . The idea was to get in people from other sections of the island and not just by a reference to population centers. At least that ' s the way I read it. GREENWELL: Population' s better than using a (inaudible) determined what . . .where the division. . .where the representatives would be coming from. Purely geographical. L'ORANGE: Mr. Chairman. Sherwood pointed out to me I 'm incorrect . There ' s six representatives; it ' s not five. GREENWELL: And we showed one of those (inaudible) coming from Hana. BETHEA: Yeah, actually, again I would remind the commission that we have two and the commission' s new counsel that we have, what would appear to be are the confusing references in the Charter. Sometimes we talk about geographical areas. And other times we talk about districts . And quite frankly, I don' t know what the difference is between the two, between a geographical area and a district. And it gets to be quite important when you' re looking at these things in terms of appoint- ing commissioners. I believe the Planning Commission refers to geographical areas . And it says the public at large and geographical areas of Hamakua, etcetera, etcetera. I think one of the things we want to struggle for is to have the document be consistent and make sense. L'ORANGE: We can. . . BETHEA: But we could combine a district. If we want a district representation, you could combine Ka 'u and Puna or something. CUSHNIE: It ' s something we've discussed before; it ' s a real philosophical question of representing the County equitably. BETHEA: Well , we could just leave out Ka 'u. CUSHNIE: If I may go back a few steps . Mr. Luke, 360 could we not do away with your proposal for staggered terms by referring to Section 13-4 and its recommendation for staggering? At some point , we ' re going to have to simplify a lot of our proposals. BETHEA: If I . . .well if I could just comment on that , because I read 13 .4 . It works out okay as long as you initially start off with five. The situation they find themselves in now is they had set up with seven and then it got changed to five. And probably you need some methodology to get it back to five, which I presume is handled by providing that no two terms shall end in the same year and no appointment shall be more than five years. I presume that mathematically, with that guidance over some periods of time, we could achieve the staggered five-year terms . Is that right , Mr. Luke? (Tape change. ) CUSHNIE: Could that not be done through house- keeping (inaudible) because this proposal will not fulfill the two, it says initial (inaudible) propose the staggered terms of one year, two years , three years , four years and five-year requirements. I understand what he' s trying to do. I 'm just wondering if we can' t simply things by having the housekeeping done some place else. (Inaudible) overwhelming number of proposals (inaudible) covered if we (inaudible) . Just a question. Perhaps there might be another way to do it. And I ask Mr. Luke, who appoints your deputy director? LUKE: The personnel director appoints the deputy. CUSHNIE: And he is there at the pleasure of the deputy. . .or of the director? LUKE: Of the director , yes. CUSHNIE: You have the authority to fire him? LUKE: Yes. GREENWELL: Gonna be rather difficult to get five people from. . .representing six districts. BETHEA: Does it provide in here that the director shall appoint the deputy director? LUKE: No, this is in state law, the state civil service law. BETHEA: Well , this isn' t one of these things because of the influence of state laws; you wonder how 361 much discretion we have. For example, in your proposed Section 7-1 .4 , powers , duties and functions , I don' t see it set out there that you have the authority to appoint the deputy director. LUKE: You ' re right , Mr. Chairman, it doesn' t appear here, but I have that authority under state law (inaudible) your assessment (inaudible) . BETHEA: Yeah. It seems to me that maybe we' re dealing here with a computer department that is controlled to a much greater degree by state law than, for example, other departments. And that maybe we should be, if we' re trying to achieve some long-term consistency with state law, maybe we need another sort of a complete wack at it to decide what functions are controlled by state law (inaudible) section. We might ask counsel to look at that. There may be some very short way to do this that. . .when you examine the state statutes , there may be a very simple way to accomplish all of this and have it responsive to state law changes over which we have no control . I don' t wanna skip over addressing the question that you raised about so many housekeeping things and how do we differentiate it when we are going to recommend changes in the Charter. I 've also worried about that because I think if we do our job carefully, they' re going to be lots of inconsistencies that should be ironed out. However, I think that ' s one of our functions , to try to iron them out , to try to clear up areas so that the County clerk doesn' t have to fumble around and try to come up and invent something. I frankly don' t know how to handle that either. I also came to the realization that no matter how well we do our job, all we can do is to recommend a specific change. And we may recommend a specific change that is not adopted. In which case, there is no alternate clearer language, and so we ' re gonna be back in the confusion. In other words , this commission can do the best job in the world of trying to end up with a clean document , but if certain provisions are rejected by the electorate, then they' re thrown back into the confused state that they are now. So I think all we can do is the best we can. But I have no ready answer to it; I thought (inaudible) . I 'm sorry for the interruption, and please proceed. LUKE: I might make one comment which. . . that is , it is true that we are governed by. . . largely by state law. However, anything in the Charter that does not conflict with state law, it ' s also applicable. And if the Charter, Article 7, is intended to serve as a guide from the County standpoint as to what the important duties of 362 the commission are, and the personnel director and so forth, I don' t it ' s improper to specify what the commission believes to be the (inaudible) as long as it ' s not inconsistent with state law. And what we have proposed is not consis. . . inconsistent at this time. I might move on to item 4 , that pertains to Article 7; that is , we propose to remove "the designation of primary and secondary responsibilities with respect to the duties of the Personnel Director. The most important duty of the Personnel Director is to administer the personnel program in accordance with. . . civil service law" which is the merit system, "which includes many activities. His duties should, therefore, not be cate- gorized as primary and secondary. " And you' ll notice in Section 7-1.4 , powers and duties and functions of the director in the Charter now, it says that , "The major duties shall be in the areas of equal employment oppor- tunities , personnel development , personnel deployment , personnel relations and personnel welfare" and secondary duties shall be in other things . And the other things is the administration of the civil service system. I believe that my most important duty is to administer the civil service system, the merit system of the state and the County. And that my duties should not be categorized as primary and secondary, and that it is there reflected by our proposal . Again, if you have any questions on this part , I 'd like to attempt to answer them. CUSHNIE: I will ask. . . BETHEA: Yes. CUSHNIE: . . .a question if I may, since the wording of merit system has come up. We have Section 7-1 . 2. I find it unusual to see such subjective wording as "the members" of the commission "shall" be. . . "all be in sympathy with and believe in the principles of the merit system in public employment. " Is that a necessity, and how do you determine whether someone is in agreement with your merit system? LUKE: (Inaudible) answer. I guess you can' t assess that unless you interview the commissioner or respective commissioner before proposing an appointment and get the assurance that they shall be in sympathy with the merit system. So, I really don' t know how to answer that. I. . . if. . . I 'm sorry, I . . . this may also appear in the state law. And I 'm sorry I didn' t research this out . CUSHNIE: I just wondered if you. . .did it have it in the statutes? And if it is an integral part of your requirements for the commission? 363 LUKE: I personally think it is . I think that one must believe in the merit system to be a civil service commissioner. And this merit system is a system that is . . .follows along. . .that it ' s not who is right , it ' s what ' s right. And if it ' s right in accordance with the merit system, it ' s right. That ' s why, if I may comment again on the district representation. . .appointment to the Civil Service Commission is not a patronage thing. It ' s to insure that there ' s patronage to the district. We deal with people. And people andemployees are centered in Hilo and Kona and may be centered elsewhere. GREENWELL: There may not be one within a certain district. You may not have one that you feel is qualified. . . LUKE: Yes. GREENWELL: . . . in a certain district . (Inaudible) six districts and five being appointed, I think the best thing to do is to leave out district entirely. CUSHNIE: I have trouble with that. Perhaps we could find wording that said five our of the six districts , and I would feel better. Speaking of patronage, if I may, we had another department head ask us if we could perhaps eliminate the necessity of his employees campaigning during election year. Do you find that a problem? And should that . . . should you be above that? LUKE: Employees campaigning in election year? CUSHNIE: And I think the pressures . . . LUKE: I would think if the employee campaigns on his own time, his campaigning is as an individual citizen, and not as an employee. CUSHNIE: I should clarify that. It was working for a campaign, the pressure to work for a specific party or. . . LUKE: I 'm sorry, I 'm not prepared to answer that. I just don' t have an answer. CUSHNIE: But you don' t see that as a problem or. . . LUKE: Working for. . . CUSHNIE: . . .a conflict of interest? LUKE: . . . someone ' s campaign? I can. . . 364 CUSHNIE: Who else can illuminate on that? Selling tickets , actively campaigning? LUKE: Selling tickets to me would be, again, if it ' s a private citizen working on his own time, frankly I don' t see anything wrong with that. And we have guides . We can' t sell tickets as an employee in a governmental facility. But it doesn' t say that you can' t sell tickets as an individual private citizen in your own home or on the street. And there are laws; and there are guide on it . BETHEA: The issue had come up in connection with the Police Department , and other counties prohibit police officers from soliciting or participating in political campaigns in any fashion, even off-duty, etcetera. And the commission is considering that. And I guess the question is whether or not it should apply to other County employees as well. CUSHNIE: If you felt there was an ethical question here. L'ORANGE: Mr. Chairman, I don' t think that ' s a matter for the Charter. I think that ' s a matter for the County Council or , you know, it ' s by ordinance (inaudible) .. It ' s not really constitutional . BETHEA: Well, if you want to know. . . but I think by County Charter, there are prohibitions in the other counties against police officers participating in a campaign. I suggested it simply because the Police Department is viewed as being particularly sensitive. At least in the other charters. I don' t know of any other public employee which has the same prohibitions. There may be. But I think that was simply the difference. CUSHNIE: Thank you. BETHEA: If I may, I don' t hear public concern so much about the merit system in selecting people for jobs. You hear public complaints about civil service employees and not being able to rid the civil service of people who aren' t doing their jobs . I assume that ' s all controlled by state law and there' s nothing that this Charter Commission could do with regard to that. Is that correct? LUKE: That ' s correct. It ' s state law and it ' s also in the collective bargaining contracts which, if in conflict with state law, would supersede state law. And in the contracts , they. . .almost every contract has a section on discipline. Discipline would include removal 365 of employees for cause. And there' s a mechanism set up for this through the grievance procedure, of all collective bargaining contracts. BETHEA: Is state law in conflict with those collec- tive bargaining agreements? LUKE: Not in this instance, no. The state law allows for dismissal for cause and so does . . . so do the collective bargaining contracts. So there ' s no conflict. And there is a way of removing a civil service employee. And you have to make your case and the case has to be a solid case but you can remove a civil service employee. BETHEA: How frequently does it happen? LUKE: Not very frequently after they make regular status , but it does happen during their probationary periods. And this is the. . .really the time when you should look on it (inaudible) an employee (inaudible) determined whether he or she is going to be a good employee or not . And we have removed them during the probation. I don' t recall a removal of a regular employee during the tenure year. BETHEA: In other words , once they get beyond the probationary status , there is. . . in your tenure here, have been no one removed from their position because of incom- petence or any other reason? LUKE: I can' t recall any. That doesn' t mean that for any reason there haven' t been removed from the position. I mean, in some cases an employee will be taken to task because of his performance. And in some cases I believe that the employees have terminated because they have been taken to task. They have quit rather, not the. . .reappointing agency terminated them. But they have quit. OMONAKA: Mr. Chairman, I don' t understand this line of questioning really. I think what we should be looking for is how the Charter is affected by our (inaudible) is important. I think we should confine ourselves to that (inaudible) skating all over the place. That ' s what I think. BETHEA: Well I . . .my question was, and I think you did answer it. That there' s nothing. . . if there is a problem with that , there' s nothing that the Charter Commission can do about it. Let me ask. You have suggested two other 366 amendments . Section 4 . 5 and 5-1 .4 (b) . Would you like to discuss those? LUKE: Yes , Mr. Chairman. These two sections have things in it that. . . in them that are in conflict with the state statute. Section 4. 5(a) , if I may read it , states a point. . .and this is the power of an agency to appoint and remove a deputy or assistant and private secretary "and such positions shall be exempt from civil service laws and classifications . " This is not accurate. Then a. . .the secretary may be exempt from civil service law in terms of appointment , but not exempt from classifica- tion. We do classify all department head secretaries in our classification plan in accordance with civil service law. So this is in conflict with civil service law. The same is so for the section below. And what we propose is what , Mr. Chairman, you proposed at one point in this hearing. And that is (inaudible) state that such appointment shall be in accordance with civil service law. And this is what we propose. BETHEA: So, would it make it clear that if we have this language, instead "it shall be in accordance with civil service law" , would it make it clear that the appointment and removal powers remain vested in the administrative head? In other words , as I understand what you' re saying is that. . . that these people are classified. They' re within a County classification system for purposes of determining pay and items of that nature. Is that correct? LUKE: Yes. BETHEA: Let ' s . . .what this says . . . it says they can appoint and remove a deputy or assistant and a private secretary and such persons shall be exempt from civil laws, service laws and classification. Now that ' s not true, because they' re subject to civil service classifi- cation systems. Is that correct? LUKE: That ' s right. BETHEA: What I 'm asking you is , the language that you suggest, would that diminish the power of the depart- ment head to appoint and remove a deputy? LUKE: I don' t believe so, Mr. Chairman, because we' re not proposing that we take out the phrase, "Appoint and remove a deputy or assistant and a private secretary. " That stays in. Only. . .and we ' re only saying that the status of these individuals shall be in accor- dance with civil service law. And the status , according to civil service law is that , they are. . . the private 367 sector is exempt and therefore. . .exempt from civil service tenure, and therefore, the agency head can appoint and remove; there' s no conflict here. But secretaries are also subject to classification, which this says is inapplicable. So I don' t think it can. . . it would diminish the authority of the appointed authority by this change. GREENWELL: What you need is to tie them into a salary grate. . . I mean, free to have a salary set up by the appointing individual . LUKE: That ' s right . GREENWELL: And maybe grant you more than what the rate might be. (Inaudible. ) LUKE: (Inaudible. ) We were tying them into a common classification and when we classified secretaries in this instance, we classified all department head secretaries as one, and we put them in one class. It . . . this is not present. If the classifications are exempt , one department head may hire a secretary at this rate; another at this rate and we' d be all over the (inaudible) . The fact that it ' s in the Charter doesn' t make it so. This is my point. According to civil service law, which supersedes the Charter if there ' s a conflict , that civil service law states that we have to classify secretaries. And that ' s all I 'm proposing, that we take out any item that ' s in conflict with civil service law, out of the Charter. L'ORANGE: Mr. Chairman, I 'm not sure he ' s (inaudible) . Could we have the counsel look at this? He' s getting into the executive. . .powers of the executive branch. And he' s interpreting it and I think the attorney needs to tell us what kind of grounds . . . I think your issue is well taken, but I 'm not sure that your interpretation of the provisions of the executive branch are correct. Because (inaudible) branches of government operate under the power of the executive officer to hire. And I don' t think they fall into the classifi- cation, but I could be very wrong. He could be very correct. Could we ask. . . BETHEA: Right . We will . We will . L'ORANGE: Let ' s do that. Take a look it. It ' s a point . I understand your point , you know. But I 'm not sure that your interpretation of this is against state laws is correct. 368 BETHEA: I think Mr. Luke is correct , but let ' s take a look at it. Let me just ask you. . .so at least I under- stand what you' re talking about , the status shall be in accordance with civil service laws; and you make that recommendation with respect to Section 5-1.4 (b) . With respect to that , it looks like it ' s just a typographical error. Shouldn' t that also say, "appoint and remove necessary staff"? It doesn' t say it in the Charter and I presume it should say it , just as it says that in Section 4 . 5 (a) . In other words , to appoint and remove a deputy with respect to the mayor ' s power , it should be appoint and remove necessary staff for which appropriations have been made by the Council . Would you agree that . . . LUKE: I know. I know. (Inaudible. ) CUSHNIE: Well . . . BETHEA: Well , I think we need to. . .we simply need to note that as another correction that we should make. Unless somebody disagrees that if the mayor can appoint the staff, he should be able to remove them. CUSHNIE: But we 've gone through questioning on removing civil service employees. The mayor cannot just turn around and (inaudible) civil service employees. So doesn' t that limit him in his ability to remove someone? L'ORANGE: These are exempt from civil service. GREENWELL: These are personal staff. L'ORANGE: Both. . . CUSHNIE: He' s asking that they be in accordance with civil service. . . I agree with you Pete. I think that this is going to be limiting in many areas that we need to be more sensitive to. BETHEA: If I may, I think the point is that under the civil service laws , the department heads of the counties may appoint and remove, hire and fire, a deputy or an assistant without reference to the termination procedures under civil. . .under the civil service law. However, they must be classified and paid according to the classification provision. I also assume that with respect to Section 5-1 .4 (b) , where it says , "Appoint necessary staff for which appropriations have been made by the council , " that the mayor has the power to appoint and remove and that these people, likewise, under existing civil service law, may be subject to removal without reference to the other provisions. So all we ' re really saying is that they need to be properly 369 classified. In other words , you got hiring and firing, which is not controlled by civil service laws with respect to certain selected positions. For example, the department deputy, and the mayor ' s staff. He can pick and choose, hire and fire, without reference or restriction by the civil service law. However , with respect to their pay grade and those items , those are controlled by civil service law. Is that accurate, Mr. Luke? LUKE: Yes , essentially so. Yes , it is . And I 'm sorry I didn' t bring the civil service law with me. But the civil service law starts out with exemptions. It exempts all department heads , all deputies from civil service of the County, you know. All positions in the mayor ' s office, except that they shall be classified; "exempts all" means other positions. So what we' re saying here is that if you put in this thing that it will be in conformance with civil service law and the exemptions from civil service law, which you can take by Charter and. . . CUSHNIE: Okay. I think I ' ll have to look at that more. I think the wording that you've inserted seems to be broader than merely salary classifications . I 'm wondering what other qualifications would an outside appointee have to fulfill in order to meet your. . . accordance with civil service laws? Is there a health physical they would have to pass? Are there educational qualifications in order to be either a deputy, or assistant or private secretary? LUKE: I guess they' re two answers to this. One is that , if it ' s included in civil service law, it applies anyway, regardless of what the Charter says. In the area of health standards , the County' s program includes establishing physical standards which is not really contained in the law. So we 've gone beyond the law. And we. . .and we have established physical standards (inaudible) that you have to meet before you can come to work for the County. So. . . CUSHNIE: That would not be a restriction? It is more of an enhancement at this point , an additional requirement? I think I 'm having trouble just with the semantics. It seems so much broader than merely salary classification. L'ORANGE: Mr. Chairman, one question. Could you clarify for me, by making this change in language, what you accomplish? What do you make better? Plus the problem you' re trying to solve? 370 LUKE: In these specific instances , the state law says that yes, all secretaries , all deputies and all directors can be exempt from civil service. It also says that directors and deputies don' t have to be classified by civil service. But secretaries do. This says that secretaries don' t have to be classified by civil service. And it ' s in conflict; and the state law prevails. So I 'm saying. . . L'ORANGE: So you' re asksng us to make it comply with state law? LUKE: Yes. L'ORANGE: Okay, that should. . . I don' t like your language. I mean, it ' s just the personal . . . LUKE: I . . . L'ORANGE: . . . semantics (inaudible) . LUKE: I 'm not the (inaudible) . BETHEA: One other quick question, if I may, because we 've gone on longer than we thought. As I recall , in the County Counciling authority, there are. . .which I guess is money from federal funds , that is not civil service. Is that correct? Those positions? LUKE: Yes. They are exempt from civil service. And the reason is , one of the exemptions from state law is that all positions in the mayor ' s office are exempt from civil service but should be governed by classifica- tion. BETHEA: Oh, I see. LUKE: Okay. So. . .and Housing right now comes under the mayor' s office. If there ' s a Charter change that establishes Housing as a separate agency under here. . . under the Charter, then that exemption would not apply. BETHEA: I understand. Are there other questions of Mr. Luke? GREENWELL: (Inaudible) classification set the salary level of the secretaries that come in. . .because the mayor comes in, and he wants to bring his own secretary with him (inaudible) . He has to. . . she comes in without any civil service (inaudible) . Does she start at the bottom? LUKE: Okay. The. . .he can bring anyone in that he 371 wants to, but the person must be classified as private secretary to the mayor, SR-24 , which is the class we have. GREENWELL: Okay. LUKE: Now, we also have a. . .an attorney general ' s opinion that for exempt personnel , such as private secretaries , you don' t have to start at the first step. You can start the person at anywhere up to G step. So he has this flexibility. GREENWELL: Thank you. BETHEA: Okay. Mr. Luke, thank you very kind . . . LUKE: I have this. . .there ' s one more. And this will be very quick. Finally, the civil service law identifies our department as the Department of Civil Service and its director as personnel director. Therefore, we propose to change the terms , "Director of Civil Service" and "Deputy Director of Civil Service" to personnel director and deputy personnel director in the following sections . And this was the following sections. BETHEA: All right. Thank you, Mr. Luke. Does counsel have that question in mind that was raised about the preemption of state statute? YUEN: (Inaudible. ) In reference to Mr. Luke' s suggestions whether, in fact , the County can exempt positions of civil service classifications? Yes , I can certainly look at that and report back at the next meeting. VI. DEPT. OF PARKS & RECREATION OPERATION By Larry Tanimoto (Verbatim) BETHEA: Mr. Larry Tanimoto, Director of Department of Parks and Recreation. Thank you for coming here. I have read your presentation [Exhibit B] . Have the other members? Or would you like a summary? What ' s the pleasure of the commission? L'ORANGE: I think it ' s a very good summary, Mr. Chairman, very well . . . I don' t think we need the summary. BETHEA: Alright. Let ' s proceed. Are there questions to be directed to Mr. Tanimoto? CUSHNIE: I have a question for Mr. Tanimoto. On the Council , I recall several instances where the state was trying to give us jurisdiction over certain state 372 parks. Is there any way we can protect you from an unnecessary burden through the Charter? TANIMOTO: I don' t understand how you could protect me through the Charter. But I concur with your basic thought , an unnecesary burden. However , there are barriers as I understand it , what little I understand , that will make the transfer of parks , you know, a very difficult thing to achieve as it stands. The positions of state employees being incorporated into the County, it would be very difficult . I don' t foresee that becoming a reality. But again, I 'm not aware of what we can do to the Charter. GREENWELL: Mr. Chairman. BETHEA: Yes . GREENWELL: I have a question. What do you think about districts , recreation committees? In the old days there used to be district committees which helped in formulating programs and that; then when the Charter took over, those committees were eliminated. But there seemed to be a great deal of community participation in those earlier days. Do you think this would be a good idea; bring it back? TANIMOTO: Yes , it . . .semantically, maybe not so much committees. We intend to invoke the district committees for particularprojects ects of interest , such as in West '� Hawaii with the gym. There is an existing committee that has been dealing with the County administration, Parks & Recreation; and that ' s to give an input into the kind of gym and etcetera, and giving just general input as to what the needs of West Hawaii may be. We are presently, this administration, trying to formulate another district committee for the potential golf course that we intend to bid. . . to build in West Hawaii. But in general , semantically, not using the word commission, we have been. . .put together plans for adopt-a-park program which essentially (inaudible) all the parks throughout Hawaii County. And the semantics of it would be adopt-a-park or friends of a park, friends of Whittington Beach Park or friends of Ka 'u Beach Park. . . GREENWELL: (Inaudible) friends business. TANIMOTO: So wer have not gotten into the semantics of it. But it ' s an adopt-a-park program which would basically take the people who have the stake or interest in a particular park or facility that we have (inaudible) throughout the Countyj, to be involved with taking responsibility for their park or facility and giving input to making it better. 373 GREENWELL: I was thinking. In the old days , the committee. . . results of a committee between the community and the administration, and they would bring ideas in fact to the administration or to the park, where there would be one voice rather than five or six different groups . It was like the committee in Kona. It was at one time a number of different organizations that had come together. I was just wondering whether it might be a good idea to have an official committee kind of thing in each district? TANIMOTO: We certainly appreciate your comment. And that thought was mulled over. We' re not certain how . . .whether we should go to a district to form committees. But I think that is your intent , right? GREENWELL: Uh-huh. TANIMOTO: To take the six districts and say, we will have a recreational parks committee from each particular district , whether we have a special project or not. But to give input into the County, like the liaison between the administration and the people of the districts. GREENWELL: Right. TANIMOTO: That certainly should be taken into consideration further now that you bring it up. But we were kind of going on the basis of a facility there and taking away the official word of commission or recre. . . committees. Because sometimes in my mind, those things invokes thoughts on the person who gets elected to the committee or commission, like God or somebody diedand went to heaven and said , now you have the right to tell these guys what to do versus the adopted program, or it ' s a self-help. . . or a community self-help situation where they' re taking responsibility for needs that they see. It ' s a joint venture versus I 'm giving you authority now to tell so-and-so, or. . .sometimes we have problems with people championing a certain project. And if they' re on the committee, then. . . it ' s not necessarily the person who really has the need that ' s being voiced out. In different areas in Kona , I mean, I know I have a problem there with North and South Kailua town versus Kealakekua in particular projects . . . GREENWELL: That ' s gone on 75 years. TANIMOTO: Yeah, and we ' re not trying to take the position of saying, well until you guys know what you want to do, we won' t do anything. We more or less take that adopt-a-park situation or an adopt-a-facility 374 situation where we would take a role of a facilitator. There are varying different points of views here. Let ' s air them out and, you know, set ground rules. And since everybody has a stake here in West Hawaii or in Kona, specifically North Kona, and to facilitate instead of saying, six guys here, if you see eye-to-eye with me, then we will proceed and you will be my buffer to stand up in front of $5 , 000 angry people. But more so, hoping to get all inputs. GREENWELL: I think I know. There ' s so many people that even one park can have (inaudible) . . .can have three or four groups that are fighting amongst themselves. TANIMOTO: And our intent is , through that adopt-a- park program, to facilitate that residents select the six guys that may be. . . in my point of view or whatever , because we' ll never really solve the problem even if we said , okay here are five commissioners for the district and we decide by consensus that this is what we' re gonna do. We may satisfy two of the five groups, and there are still three groups that are angry versus the other process which brings in all five different point of views in facilitating that meeting, and eliminating all the things that we disagree on, and then focussing down and determining what the problem is or what our real hold out for the district , and try to achieve that , so it ' s a. . . (Tape change. ) TANIMOTO: (Inaudible) back. GREENWELL: I remember one time you were working on something that Parks set up with the fence around the (inaudible) base. They could (inaudible) the maintenance available and made themselves not liable for accidents within the. . .something like that. YUEN: I don' t think so. GREENWELL: This doesn' t prohibit anybody from putting in a park? UNKNOWN: (Inaudible. ) BETHEA: Mr. Tanimoto, going back to the Charter provisions--primary concerns. You reviewed the Charter provisions as they apply to your department. Do you know of any changes , or any language or concepts that you ' re unhappy with or that you have any specific suggestions concerning? TANIMOTO: No, I don' t. I have one area in my division to break down that I 've not done a study on but 375 I bring up for thought to the Charter. And that is that within the Department of Parks and Recreation, we do have the EAD section or the elderly activities division. And I again apologize for not having all the background. However, I know that Maui county has a different setup in which elderly activities comes under human services or human resources department. And this (inaudible) the extent of where I . . . CUSHNIE: Mr. Tanimoto, I notice in the Charter the Section 6-3 .4 , County bands , takes up about half of your job description. Is that updated? Would you like. . . TANIMOTO: I 'm stammering here because, when you say the County band takes up half of the job description, you mean the band in itself is outdated? CUSHNIE: Well , I mean that you have so many other responsibilities that are not even mentioned in the Charter. Do you feel mandated to provide a County band? Do you feel that you would rather have the option of discontinuing it sometimes rather than having to be forced to maintain one? TANIMOTO: I 'm hesitating because it has , in my mind, some political ramifications for discontinuing it. However, and I need to give you an honest opinion on that I guess. Yes , when I first took office, that was one of the questions that I asked. Is it absolutely necessary that 1) we have a paid man that ' s (inaudible) ; 2) is it absolutely necessary that we have two bands with 40 members in one and 20 members in another? Further investigation into that situation tells me that one of the bands has difficulty in fulfilling its manpower needs. So again, I am in agreement that at some point if we are relieved of that duty, it would make some sense if we had an alternative situation; and I can be honest in my request. And I ' ll tell you the answer that I was given, not in particularly by one person. But the question is if we' re spending X dollars for two bands for a total of 60 people, and I know they do have a lot of performances to justify to some degree, because they do over 60 performances. However , it ' s a $90 , 000 proposition. If we invited 60 to 90. . .and say, well , it ' s a $1 , 000 plus dollars per performance, my private sector mind says , what if we contracted it out to particular bands that exist in the community anyway? On and on. So that question again asked, if we should have the two bands . That ' s correct. But the answer that I was given was that it ' s a very political situation and who would want to be the person to wipe out the bands? 376 CUSHNIE: Well , I was thinking if we just deleted that section, it would then become optional . Because the Charter certainly doesn' t match in zoos , parks , equestrian centers , etcetera. That is an optional benefit that you provide. TANIMOTO: Yeah. What I think I hear you saying is if you made it an option, then at some purpose. . . some point in time, if someone wanted to streamline or. . . for prudency or for cost-effectiveness , decided not to do that, then they have the option to do that. I would agree to something like that . BETHEA: Yeah, I 'm not sure that the. . .the bands are a little funny thing because it ' s simply assigned to your department by the Charter. You may have elderly activities that are assigned to your department, but not by the Charter. Just in some other manner. Is that correct? I mean, you do the elderly activities type of thing; you get federal money for it. And. . . is that correct? TANIMOTO: Yes, part of it. BETHEA: Those programs are simply. . .have been assigned to you by ordinance or some other fashion. TNIMOTO: Yes. BETHEA: Well , if there are going to be County bands, if there are going to be such creatures, shouldn' t that be part of your department? Parks and Recreation? TANIMOTO: If there are going to be, yes , they could be in my department , yes . There is a. . . one small differ- ence, and I don' t understand the rationality behind it. Although the other people who are in my division so to speak are civil service employees--and I 'm not pushing for this now--however , the bandmaster is appointed by the mayor. And again, I don' t want you to misinterpret that I 'm saying the bandmaster should be a civil service employee in my department . However , he is appointed by the mayor and stuck into my department. GREENWELL: Mr. Chairman. The bands go back for years even prior to the time there was a recreation department. And when the recreation department was eventually created, I think it just seemed like a logical place to put it , for no other reason. And I guess it was just something some. . .another duty for the first recreation department director to have. And it ' s always been only the separate department in itself. 277 L'ORANGE: Mr. Chairman, one question for counsel. When you' re looking at the civil service law relating to the Civil Service Commission, it says here that you' re exempt from it. So I assume that that ' s what the state law must say, if it ' s exempt . If you could just , when you ' re reading it , think about bands. YUEN: Okay, I ' ll look at bands too. BETHEA: Alright. Any other questions of Mr. Tanimoto? GREENWELL: Well , Mr. Tanimoto did say at one time something about Maui has a separate department for senior citizens? Would this be a suggestion of yours? Create a separate department? TANIMOTO: No, I don' t have enough study, but I bring that up as something that ' s different from what we do here in Hawaii County. BETHEA: I think Maui has a human services depart- ment . . . TANIMOTO: Yes. BETHEA: . . .or something. How it ' s organized , I don' t know. What functions have been put into it, I 'm not sure. But I think that ' s it and. . .we have a copy of the Maui Charter that you could look at. Any other questions of Mr. Tanimoto? CUSHNIE: Mr. Chairman, merely housekeeping. I noticed George Yoshida is your deputy director and there' s no mention in the Charter of a deputy director. I assume you appoint him? TANIMOTO: No, I belive the appointment is from the mayor. CUSHNIE: Okay, maybe we need to. . . BETHEA: I didn' t even notice that. CUSHNIE: I keep turning the page looking for more description and there' s nothing there, unless I 'm missing something. BETHEA: Yes , that ' s just an example of. . . CUSHNIE: I don' t want to short change you. BETHEA: . . .another example of the ways things are 378 different. Sometimes I think the deputy director position is specified by the Charter. And other times , it is not. And then this one, it doesn' t even specify that there is one. So it must be done by ordinance. CUSHNIE: I don' t think we can assume that . BETHEA: Let me look at that. CUSHNIE: Well , maybe instead of taking up Mr. Tanimoto' s time, we could just look into it. And I 'm sure eventually we' ll be showing him our proposals for the Charter amendments . BETHEA: Are you recommending that we get rid of the deputy director? CUSHNIE: No. No, I 'm not recommending we get rid of the band. I don' t want to be misconstrued, merely to give Mr. Tanimoto the powers and responsibilities that are due to him. BETHEA: No other questions? Thank you very much for your presentation, Mr. Tanimoto. TANIMOTO: Thank you. L'ORANGE: Mr. Chairman. GREENWELL: Pete wants to know (inaudible) the golf course is gonna be. TANIMOTO: As a matter of fact , we do have it going already, sir. Only the water hazards and roughs are in place. L'ORANGE: Well , at least we' re at the point in looking at this other stuff , there ' s no deputy for the Planning Department either. It just says planning director and necessary staff. So I think that ' s the way they handled it; it ' s part of necessary staff. Most people (inaudible) . BETHEA: I think that ' s also so true of the rank. BETHEA: I think I 've seen some definition. . . some of them that specificy definition (inaudible) . CUSHNIE: I agree. I think. . . YUEN: If. I may interject? Usually (inaudible) provision that was discussed by David Luke where there ' s 379 a general power to create deputy positions . . . BETHEA: 13 .4 ; Section 13 .4. YUEN: (Inaudible) . But for the ones that are created that are not spelled out in the Charter, you need to have County, then Council approval to (inaudible) deputy. A deputy managing director , for example, is no different than a managing director in the Charter, whereas some of the (inaudible) . BETHEA: I see, if the Charter mandates the deputy. . . YUEN: Then you've got a deputy (inaudible) . BETHEA: . . .then you've got a deputy. YUEN: (Inaudible. ) BETHEA: Oh, I see. So that ' s the political significance of it. If you. . . if, for example, the Charter Commission felt a particular agency should have a deputy and spelled it out in the Charter , then there would be a deputy; otherwise, there is no deputy unless the deputy is authorized by ordinance. Is that correct? YUEN: Uh-huh. BETHEA: Very good. VII . PLANNING DEPARTMENT OPERATIONS By Duane Kanuha (Verbatim) BETHEA: Duane Kanuha. And we thank you for being here. We have your summary [Exhibit C] . Is it March 17th? KANUHA: That ' s correct , Mr. Chairman. The. . . CUSHNIE: He plans. . . BETHEA: Don' t you mean May? KANUHA: Possibly, yes. GREENWELL: You prepared for this (inaudible) . BETHEA: You know, I really thought when I saw this , wow, March, and I 'm just looking at it now. Would you like to just briefly tell us about your Planning Depart- ment and its roles. And then specifically we would like to get into your recommendations (inaudible) Charter (inaudible). 380 KANUHA: Okay, Mr. Chairman. Thank you. Before I summarize the operation and the makeup of the department , I 'd also like to call your attention to an omission within the second paragraph of the first page, where it relates to the representation of the Planning Commission. And, there is a district that , you know, was left out and. . . GREENWELL: (Inaudible. ) KANUHA: It ' s Kona. So I just wanted to provide that clarification. GREENWELL: How could that happen? It was a vocal section. KANUHA: Mr. Chairman and members of the commission. The Planning Department ' s primary role is to provide advice to the mayor , the Planning Commission and the County Council on all planning and land use related matters. The department starts with the administration of the County general plan and that plan is implemented through the various subdivisions, zoning ordinances and other regulations. In addition to being a technical adviser to the mayor, Planning Commission and the County Council , we also have attached to the Planning Department , four commissions: the County Planning Commission, the Board of Appeals , the Kailua Village Design Commission and the Arborists Advisory Council . At the present time, we have 26 permanent civil service employees. Of those 26 employees, 17 are professional planners within the civil service criteria for the planning series. The department has three major divisions: the Kona services section and also an admin- istrative services section. These are the planning division which provides staff support to the County Planning Commission. This division conducts long-range planning and is responsible for resource management , including the areas of historic sites , environmental impact statement reviews , and also the administration of a coastal zone management program. This division is also responsible for maintaining our information' s systems , including the computerized land use inventory and also a permit tracking system. The land use control ' s division administers the sub- division code, reviews that includes plans , building permits , other projects , enforces zoning and subdivision ordinances and also reviews and issues other types of permits , such as ohana zoning permits, administrative variances , grading permits and other special agreements . The special projects division is responsible for coordinating the County' s capital improvement program and 381 also consistency review of state, governmental programs and projects . This division also supports the Arborists Advisory Council . Kona services section is currently staffed by two planners and works out of Kailua. . . the Kailua-Kona Services Center. The office presently provides a full range of planning consultation, plat approval services , and also assists us in the area of inspection and code enforcement. They also provide the coordination for all the activities of the Kailua Village Special Design Commission. Our administrative services section consists of clerical support , accounting support and also drafting services. Mr. Chairman, that concludes the whole review of that department . If you' d like to ask any questions about that section before I go into the. . . our proposed amendments to the Charter. I 'm (inaudible) with the questions (inaudible) . BETHEA: Thank you. Are there any questions by the commission on the material covered so far? Hearing none, your don' t we proceed with recommendations . KANUHA: By and large, Mr. Chairman and members of the commission, the amendments that I 'm suggesting for consideration at this time are primarily what we consider to be housekeeping in nature. We first of all , with regard to Section 5-4 . 3 (e) , we are suggesting that you consider deleting this provision in its entirety, the reason being that , in accordance with rules and regulations established by the State Land Use Commission, the Planning Department rather than the Planning Commission is automatically a party in any State Land Use boundary proceedings. Secondly, we are suggesting that Section 5-4 . 3 . . . BETHEA: If I may, let me ask you about. . . KANUHA: You have questions on that? Okay. BETHEA: Yeah. Let me ask you about 5-4. 3 (e) . As you suggest , the planning director. . . I guess the Planning Department as opposed to the commission itself, is a party to the State Land Use boundary changes. But let me ask you. Suppose it ' s simply talking about recommending to the State Land Use any change of land use boundary? For example, this is talking about the commission. Shouldn' t the commission, if it wants to on its own motion, perhaps with your recommendation, etcetera, simply initiate a proposal to the State Land Use to change land use boundaries? I mean, just as a recommendation? All I read this as saying is to review 382 and recommend to the State Land Use Commission any change of land use boundaries . KANUHA: Well , the way the State Land Use law is set up, and the way the rules that the Land Use Commission has established, there is no role for the County Planning Commissioners except as an external party to the proceed- ings . BETHEA: Well , what I 'm saying. . .when I read this, that if we eliminate it , it would seem to eliminate a pro-active role for the commission and/or the department just out of the blue to say, hey, we think you should consider on your own motion, changing this parcel from this use or whatever. You' re talking about what happens in the contested-case hearing and who ' s a party in the contested-case hearing? KANUHA: No. BETHEA: No? KANUHA: No. I 'm talking about any petition that comes before the State Land Use Commission. GREENWELL: Once this stuff is taken, then the commission comes into play, should it be approved for a new use. . .a land use change. Then they come to the commission for their application for the change of County use. KANUHA: That ' s correct. GREENWELL: So that ' s when the commission (inaudible) . KANUHA: That ' s correct. CUSHNIE: Mr. Chairman? So they would not even accept a recommendation from you? Part of your job in (e) is to recommend as well as review. Are you saying that it ' s a moot point, they would not even recommend . . .accept a recommendation from you? L'ORANGE: Mr. Chairman. The County can initiate a boundary amendment. CUSHNIE: I 'm saying a recommendation. Isn' t that your point , Mr. Bethea? That you approach. . . they be approachable by this County body with recommendations? BETHEA: Yeah. All I really was saying is that I 383 understand that according to their regulations , the planning director, i. e. the department of the County through the planning director , is a party to the proceeding. This really talks about functions of the planning division and I was really thinking of the recommendations of the State Land Use. It seems like there are two things. One who ' s a party to the proceedings and who may recommend action. Now they may not consider it , but the Planning Commission could recommend whatever it wants to recommend I presume. That ' s my point is. L'ORANGE: Technical point . There ' s no procedure for recommendations by these commissioners . You amend the boundary or you don' t amend the boundary. It ' s very specific as to how you amend the boundary. BETHEA: Yeah, but can. . . the Land Use Commission can change boundary amendments changes on its own motion, can' t it? L'ORANGE: Only recent law where they have a. . . the Department of State Planning has to take a boundary review and often the State Planning will take that to the Land Use Commission for their action. Is that correct? KAHUNA: That ' s correct. BETHEA: So the Land Use Commission on its own cannot. . .well , they do every five years. They have a five-year review that they initiate on their own, don' t they? KANUHA: No, that was just reinstituted into the statutes. My recollection of why this particular provi- sion was in the Charter was that in anticipation of the Land Use law being put into effect, right around the same time that I guess the Charter was starting to come together, was that at that point in time, there was a role for the County Planning Commission in terms of reviewing the overall suggestions that the state, at that point in time was the Department of Planning & Economic Development , had recommended. And it was at that point in time that the State Department of Planning & Economic Development was the only initiator of State Land Use boundary changes. And that system has since been. . .been foregone with the creation of the State Land Use Commission. BETHEA: Okay. You can proceed , please. KANUHA: The next section is the one right under 384 that, that we' re requesting that you consider a deletion of, and that is Section 5-4 . 3 (f) , regarding the Planning Commission' s ability to hear and determine appeals from the actions of the planning director on rezoning appli- cations and special exemptions from the permitted uses of each district in the zoning ordinance. The ordinances have since been changed so that the planning director no longer has the authority to deny a rezoning request. We provide the recommendation, either for approval or for denial , and those recommendations are forwarded onto the Council who makes all the selection. So there ' s no (inaudible) for the appeal . BETHEA: Any questions on that? Then your recommendations with respect to Section 5-4 . 3 (h)? KANUHA: In that provision, there' s language in there that mandates the Planning Commission to hold public hearings in every case prior to the granting of any rezoning request , variance, special exemption and related applications. We are suggesting that the phrase, "the granting of" be modified or changed to "action on" mainly because the Planning Commission cannot draft a rezoning request. Okay. They can recommend that the rezoning request be either approved or denied. The Council is the only body that can do that . Since that time, the variance provisions have also been changed in the law. And the variances are not now considered by the Planning Commission as an administra- tive type approach. Although some of the others may have some related impacts on it , this is why we are saying, you know, action on the public hearing be held prior to any action on. . . BETHEA: Let me ask you this. What it looks like is that there has been by ordinance a deterioration in the powers of the Planning Commission and the Planning Department in favor of decision-making by the County Council. Is that correct? KANUHA: With some of the amendments that were adopted as part of the Charter review and, you know, in . . .during my last route, it does appear to be, you know, going towards that end. BETHEA: Well , were these simply inconsistent at that time? Or , for example, when this Charter was adopted , have there been ordinances adopted since then which says , for example, "Hold public hearings whenever necessary and in every case prior to the granting of" which presumed by that language, that the Planning Commission had the power to do it? 385 KANUHA: Yes, in response to that , two of these suggested amendments were changed by ordinance since the last review. The one related to the State Land Use Commission, however , I believe was still . . . it ' s an original provision. BETHEA: Yeah. What I was suggesting is whether or not , for example, it was ever raised an an issue, considering the Charter was the County Council had the power to abrogate to itself powers that were granted by Charter to the Planning Commission? In other words , I 'm raising the question. Suppose it ' s a planning. . . suppose it ' s a. . .as a matter of Charter (inaudible) , they said no, the County Council doesn' t make these zoning decisions; they' re made by the Planning Commission; and the County Council validates. If it said that , I don' t know that a County ordinance would be effective. What it appears to me to be is that with respect to these changes , that are made necessary because someone had decided that the County Council by ordinance could take from the Planning Department or the Planning Commission, decision-making authority which the Charter had granted to the Planning Commission. Does anybody here. . .do you follow what I mean? GREENWELL: I don' t think the commission has that power. I think it only has the power to advise or recommend to the Council on. KANUHA: Yes , that ' s their role. The primary function is to recommend to the Council , particularly in terms of legislative-type actions , rezonings primarily. L'ORANGE: Mr. Chairman, I think it was just that an oversight in language. It was just a semantics thing. As I recall , the Planning Commission never did rezoning, so they just always have a public hearing prior to the rezoning. BETHEA: Yeah. Well what I was wondering. . . L'ORANGE: (Inaudible. ) BETHEA: . . . is whether or not it would. When you look at these changes , it implies that there was some authority in the Planning Commission, which was deleted by some (inaudible) action. If there was not , then there' s no problem. L'ORANGE: I think the biggest changes , Mr. Chairman. . . I don' t have the old Council , but the last . . . but in the ' 79 Charter review, they made a big change 386 taking powers away from the planning director very specifically, and they permitted the Council along with the planning director to initiate general plan amendments. Those were the two really, really big changes. Because prior to that the planning directors had almost all the say. GREENWELL: You sure? L'ORANGE: That ' s correct. BETHEA: Okay. In Chapter 6 . . . KANUHA: Chapter 6 , Section 5-6 . 3 relates to the Board of Appeals . Now what we' re saying is this , the Board of Appeals is attached to the Planning Department for administrative purposes . So we administer their actions in terms of staff support and so forth. However, one of their primary responsibililities is as an appellate board. It ' s almost always to hear actions that , you know, and verse and in a lot of these instances , the department was a party to that . So it ' s always been an uncomfortable situation that we ' re serving the same board that ' s supposed to provide a subjective ruling on whether or not . . . if , you know, action was (inaudible) . How we resolved the issue temporarily is we've needed to utilize two County attorneys in order to solve that , a separate attorney that services the Board of Appeals and a separate attorney that pleads the Planning Department ' s cases in those proceedings . We felt that it was . . .a lot to do with the situation . . . it was not a good situation for our office and so , therefore you know we' re suggesting that perhaps the administrative responsibilities should be assigned to another agency, such as the Corporation Counsel . Now what has happened is that , we 've also found that since the Board of Appeals now also hears appeals from the actions of the chief engineer with regard to build- ing, electrical and plumbing actions , that has been more of the focus of what they've been hearing. So conse- quently, you know, we could not also recommend that they be attached to the Department of Public Works because it would create the same kind of situation for them. That ' s just a suggestion that we think needs to be adjusted. BETHEA: Yeah, I think we need to be sure that we have that on our hit list of things specifically to consider. YUEN: If I could just jump in here, there are some tricky issues connected with the Board of Appeals on what. . .and that are not clear in the Charter right now, 387 what gets taken to the Board of Appeals and what can be appealed for example at Circuit Court rather than. . .or what has to go first to the Board of Appeals. That ' s something I 'd like to look into. BETHEA: In other words , it ' s not clear there are certain direct appeals to the Circuit Court and there' s some. . . YUEN: There ' s some issues out there, let ' s put it that way. BETHEA: Duane. Perhaps you can address those issues at the next meeting. Okay. Section 13 .4. KANUHA: Section 13 .4 and. . .well , let ' s take one at a time, Section 13 .4. This is kind of a broad observa- tion. And again we' re, you know, attempting to pass on input and it 'd be helpful too in our deliberations ; and this is in the spirit of passing on some concerns that the Planning Commission in particular has asked us to convey to you in terms of how terms are served out , and in the area of quorum requirements and voting procedures. The commission has from time-to-time expressed some concern over the interepretation in the Charter of, you know, in these areas. But as you know, the boards and commissions being appointed laybodies , you know, their perception of how their philosophy is articulated , you know, changes from board to board and board to board with the various makeups. So that ' s why we. . .you know are not recommending any specific changes to look into. You know, we ' re just saying that there ' s been some issues raised in light of those areas. BETHEA: You mean. . .are all of those concerns specifically raised here, for example, with respect to the ability to reappoint a commissioner who would serve a partial term? Let ' s say somebody is appointed to fill a vacancy and George (inaudible) was in that category, and he serves two years; and there' s an issue then, could he be appointed to serve a succeeding five-year term? KANUHA: That ' s one of the issues . BETHEA: Have you listed all of the issues that are . . .have been raised in connection with this section? KANUHA: To my knowledge, yes . 388 BETHEA: So, the quorum requirements and voting procedures , can you enlighten us what your ' re concerned about the quorum requirements? KANUHA: Okay. This actually boils down to Section 13-4 , item (i) . (Tape change. ) BETHEA: I 'm asking a question, but I don' t know whether you know how to answer it. Maybe the prosecuting attorney would try. KANUHA: I don' t know what the answer is . All I know is during my time in the planning office, we've tried to pursue this, and it ' s always you know run into a dead end. Apparently there was something constrictive connected with the Charter. YUEN: Some of the state statutes do specifically authorize agencies to levy civil penalties including some County functions. But there are civil statutes that have been established that say the counties have the right to do planning. Liquor is. . .there ' s a state statute that relates to that. Public Works , there ' s a state statute . . . some of these do have a specific power. I ' ll have to look it up in the state to see which functions . . . the County functions are authorized to levy (inaudible) . I think that it requires though authorization through state statute. I don' t . . . I haven' t studied this particular issue. I don' t know that this section here was at the (inaudible) power of the County to levy civil fines (inaudible) give it the power to have criminal violations in addition to whatever powers to. . . like civil fines (inaudible) were given by state law. GREENWELL: The County creates . . . levies the fines for speeding, parking or what have you. Wouldn' t that be the same thing? YUEN: Well those are. . .the County has the power to do that because state statutes give that power. . . GREENWELL: So the County gets the power to (inaudible) to? YUEN: Yes , so you have to go look at . . . I have never done this yet , but you have to go look at. . .the zoning powers of the County which are spelled out in Chapter 46, Hawaii Revised Statutes , and see whether they. . .whether the County' s zoning powers rule the power of levy of civil penalty towards (inaudible) violation. 389 GREENWELL: Well , it ' s obvious that you wouldn' t allow. . . through the Charter to levy it. . .a fine, in this case here. YUEN: Yes. GREENWELL: One of the problems I think too you ' re having is that some of these people like the fellow with the fence, and I know some others who are building too close to boundary lines and things . That was becoming habit because nobody' s getting really knocked on on the thing. KANUHA: And again, the response to that is that the remedial process , you know, is (inaudible) ; it ' s the same as any other criminal process ; we have to take it through that. . . GREENWELL: Yeah. KANUHA: . . . that (inaudible) . BETHEA: You know, the problem seems to me to be more of a misunderstanding. That ' s the criminal section. And it would operate I think to limit the County' s power to levy criminal fines for punishment for violations of ordinances . That isn' t necessarily exclusive. And then you go back and look at the legisla- tive branch, County Council: The legislative powers of the County shall be vested in the County Council . There' s nothing in that that suggests itself to me that the County couldn' t use it ' s general legislative powers to authorize departments to assess civil fines. I don' t know where the problem has come from. I mean, if you have been to the Council and said, we want some authority to levy civil fines , I don' t know where. . .why they don' t have power to do it. I 'm just looking at it from the (inaudible) . Would you. . .does anything suggest itself to you (inaudible)? YUEN: I think that an argument could be made that if the state enabling statute doesn' t give the County the power to levy a civil fine as part of this enforcement power, you don' t have that. I mean, this is something that I can' t really give you a good (inaudible) off the cuff. But I do know that some of the state enabling statutes specifically say you can levy these kinds of fines and how you can go about levying them, and then it becomes easy. If the commission wants to be sure that the Charter is not being interpreted to be more restrictive than it is , then that probably would be (inaudible) in a proposal 390 (inaudible) the Charter. It may have been interpreted . . . it may be misinterpreted now as restricting the power that actually does exist and restricting the power of the County Council to pass an ordinance when there isn' t. . .was never meant to be such a description. BETHEA: Then the general constitutional thing is that the County through its Charter can have such powers or not , inconsistent with, as I recall , with the constitution and with the general law of the state. So here you have a vesting of legislative powers , you know; it ' s possible that the situation is as you would suggest. What I would suggest to you is that you go back and find out exactly what appears to be the bottleneck. You know, assuming it ' s not simply that the County Council doesn' t want to do it . And then if you could advise the commission of that , we would be happy to look into it. CUSHNIE: Mr. Chairman and Mr. Greenwell . I 'm not sure that Section 13 . 11 , penalties , is the appropriate place to address departmental civil fines . Bear with me. "The Council shall by ordinance provide for the punishment of violations of any provisions of this charter. . . " Do you think they' re referring only to a terminology in this Charter? BETHEA: No, because the next phrase has to do with County ordinances in addition. But I think what we are saying is , at least the way I read that , that ' s a section that deals only with criminal penalties. That power of the County to assess civil fines I think would be found in the general legislative grant of authority unless it is prohibited by some state statute or unless there is some specific enabling state statute that is required and absent . Therefore, if you have a problem with that , rather than us speculating what it might be, perhaps Mr. Kanuha you could try to identify. . . KANUHA: Sure. BETHEA: . . . let us know in writing and then we could take a look at it . Other questions here? Again then, thank you very much for your presentation. VIII . PROSECUTING ATTORNEY' S OFFICE OPERATIONS_ By Jon Ono (Verbatim. ) BETHEA: Mr. Ono. ONO: Mr. Chairman. Members of the Charter 391 Commission. For those of you who don' t know me, I 'm Jon Ono, the Prosecuting Attorney. I 'm not Hugh Ono in charge 'of sewers , although I do get all the complaints about the sewers. The Prosecuting Attorney' s Office is the chief law enforcement office of the County. The prosecutor ' s role is to see that the laws are faithfully executed and enforced with integrity in order to maintain the law and achieve just results . The testimony that is written pretty much gives the history of the office and the organization. We have at this time somewhere in the neighborhood of 40 to 43 employees in the office. We have 16 attorneys if you count me. . . 16 attorneys that can prosecute cases . The rest is broken up among the support staff , which consists of victim-witness counselors and clerical staff and the investigators. [See Exhibit D for testimony . ] We are responsible for the prosecution of all criminal cases that occur in the County of Hawaii . In addition, we advise the police in criminal matters , in criminal procedure. We work with other governmental agencies and with private agencies as far as criminal matters are concerned. We represent the state of Hawaii in not only all the courts in the island but also the community court of appeals , the Supreme Court of the State of Hawaii , and if necessary the Ninth Circuit Court of Appeals and the Supreme Court of the United States. We do everything that involves criminal law in this state. . . in the County of Hawaii , which can be anything from barking dogs , parking violations , all the way up to murder , rapes , robberies , organizaed crime (inaudible) . I think the written testimony (inaudible) ; that ' s generally the overview of the office. If you have any questions , I ' ll be glad to answer them. If not , we can move to the recommendations . L'ORANGE: This is a question to clarify. You represent the state and yet in your budget , you get $300 , 000 from the state and $1 . 2 from the County. I mean, that $300 , 000, that ' s some kind of grants program or. . . ONO: Yes , it ' s funds are (inaudible) criminal program and our victim witness counselor program. L'ORANGE: Thank you. ONO: You know, it ' s hard to explain because it may have been probably easier to understand the prosecutor back in California; which the prosecutor prosecutes for the people of the state of California. And here we represent the state of Hawaii in all our procedures . But 392 County agency. So it ' s kind of a strange we' re a Co y enc g y (inaudible) but it ' s (inaudible) . L'ORANGE: I was just going to ask you in relation- ship to your recommendation No. 3 . If I could understand that a little better. ONO: Okay. Thank you. BETHEA: Would you like then to pass on to recommendations you have with respect to the Charter itself? ONO: Yes. The first one is the elimination of Section 9-4 and include as a subsection (a) , not to replace anything, but just to add it in, that the prosecuting attorney (inaudible) be the chief law enforcement officer for the County. And the purpose of this is that the citizen, consistent with. . . the prosecutor is known as not only statewide, but nationwide. This is the attorney general and the chief law enforcement officer for the state of Hawaii . So it iskind of a housekeeping section so to speak. BETHEA: So you would simply make that the. . .and then (b) is the same as the rest of section (a) ? ONO: Yes. BETHEA: (b) would become (a) and then you' d go on down. ONO: It would be complete. BETHEA: And, I see the next item is the non- partisan election. ONO: Yes , this is a. . . this may become controversial but although I have been running on the democratic ticket for a number of years , I 've been a democrat for a long time, a non-partisan election does have some advantage in that the prosecuting attorney really does not follow any party guidelines . It ' s a very (inaudible) office; it ' s a very neutral office. And by having it non-partisan, to some extent it does in a small way insure that it does remain independent as well as non-biased (inaudible) . BETHEA: Well where. . . for example, I don' t see anything in the Charter that would require an election of any type at all. I don' t know where. . . it just says , "The prosecuting attorney shall be elected for a term of four years. " What should we do; how do we amend it? 393 ONO: I think probably somewhere in that first section should be included that the election shall be non-partisan. BETHEA: Like the prosecutor shall be elected for a term of four years . . . shall be elected let ' s say on a non- partisan basis for a term of four years? ONO: That ' s correct. BETHEA: Something like that? ONO: Yes. I think. . . BETHEA: Is there some other law, that requires that if you don' t spell that out , that the election be on a partisan basis? ONO: I believe so. I 'm just thinking as (inaudible) what happened in Honolulu. But they had to change the Charter to get a non-partisan election for the prosecutor. BETHEA: Could you. . . if you've got any attorneys in your office, get a list . . . it ' s late in the day. But could you advise us specifically on that? ONO: Surely. BETHEA: I 'd appreciate it very much. ONO: I wasn' t able to get a copy of the latest charter from Honolulu, so I ' ll double check with their charter. BETHEA: Yeah. There may be some general statute that says in any event , unless it ' s specifically associated, shall be partisan, etcetera, etcetera. I don' t know. We 'd certainly like to consider it if you can tell us how we might consider it and what the changes would look like. That would be very helpful . CUSHNIE: Mr. Chairman. Also following Mr. Ono, if he would look at Section 9-6 , if there are any ramifica- tions in filling a vacancy. Maybe (inaudible) . Do they elect a deputy also? ONO: No , the deputy is appointed , similar to the situation with the managing director. CUSHNIE: Okay. Because it ' s very explicit here who would take your place if you were removed. So if that 394 still follows on a non-partisan. . .or if it has no impact on your election, I should say. ONO: No, it would have no impact . It would be like the managing director appointed by the mayor. If the mayor for any reason cannot serve then the managing director moves over. It ' s the same. . . same theory. Number. . .the third suggested change. . .and I 'm going to add one more, if you don' t mind. The third suggested change is to allow the prosecuting attorney to submit his own budget to the Council. And this one I think is pro- bably the most controversial . The. . . in the past. . .as it currently stands , we submit our budget to the mayor ' s office, to the budget and finance people, just as all the other departments would. And so we are really. . .how can I say. . . GREENWELL: You' re under the mayor. ONO: We ' re under the mayor. GREENWELL: Yeah. As an independent. ONO: Yeah. That ' s where there is a problem. I know there is . . . I 've taken the tactic, if we are under the mayor for budget work assistance, in some ways it ' s good because it ' s . . .we don' t have to go look for the money. You know, the money is there. The mayor pretty much insures that the money is there. That means (inaudible) Council . But on the other hand, we do get caught up in the priority funds that takes place within the administration. And , you know, the question comes up, which is more important , an investigator for the prosecutor or a parks and recreation worker? And it ' s very difficult to compare the two. So our budget then gets sent to the Council . And often it is not exactly in the form that we would like it to be. So far in this present administration, we haven' t had too many problems with it (inaudible) adminis- tration. (Inaudible. ) In the past we have had problems where the wrong priorities within our own budget were elevated where, you know, something that was just on the wish list all of a suddenly became our number one priority. And the budget was given back to us one or two days before the budget hearing and , you know, I was real embarrassed to go in before the Council. So it would help in some ways to have a process (inaudible) so that the Council would then have a public hearing on it and then decide the priorities. BETHEA: Well , I would imagine. . . I 'm just asking this . Maybe other departments would like the same 395 thing. Is there any particular reason, because of the nature of the work or other reason, that in this regard you should be distinguished from the other County departments. ONO: I think the distinguishing factor is the fact that they made the prosecuting attorney elected and not appointed. So we ' re not. . . I do not attend cabinet meetings ; I 'm not part of the mayor ' s cabinet. I 'm a separate office. And so the mayor (inaudible) set its own priority. Does the County need more parks? Does it need more roads? Or does it need more whatever else? But when it comes to prosecutors , you can' t tell me, Jon, you need more prosecutors or you need less prose- cutors. Although by the budget process , he can do that. BETHEA: I understand. ONO: So this is why we'd like to leave it to the policy-making board, which would be the Council . BETHEA: Again, with respect to that issue, would you submit to the Council specifically what form that would take (inaudible) the Charter amendment? L'ORANGE: Mr. Chairman. Along the same line, if Oahu has some procedure or whatever , seeing it ' s non- partisan, maybe they've got some. . . ONO: No, that was defeated in the last election. I think the. . . the voting public was just presented with one side of the. . . this argument , which was that if Mr. Marsland does , you know, does . . .was able to submit his own budget , he ' s gonna ask for the moon, which probably would have been true. But the underlying factor is that the Council can cut him back; they have that power. And it ' s a matter of really. . .of having the policy-making board (inaudible) one body determine what priorities there are for the County. L'ORANGE: I 'm not personally straight that you' re better off politically going by yourself. ONO: Yeah, I know. I might be cutting my own throat by doing that . (Inaudible. ) The fourth area. . .and I 'm sorry it ' s not. . . I 've forgotten to put it in there, but it was something that came up very recently; and that is to put in subpoena powers for the prosecutors , similar to what the attorney general and the prosecutor for Honolulu has . It ' s a very technical area. Primarily it has to do with getting records prior 396 to. . .during an investigative stage of the prosecution. We see this a lot when we have to get records from banks when we have bad checks . And some banks cooperated and will honor our request and some banks will flat out tell us no, give us a subpoena. And because we don' t have an office subpoena, we are then forced to put on a. . .an investigative grand jury. And when you have a bad check misdemeanor case, it ' s really a waste of resources to have to put on something like that , just to get a. . .a record of one check from a person' s bank account to see whether there was sufficient funds or what was the status of the person' s account at that time. BETHEA: Is the authority limited. . .the subpoena authority limited in. . .or would you go on a hunt for any- thing? ONO: No. It ' s . . . BETHEA: I mean, you give the bad check thing as an example; I mean it ' s wasteful and it ' s (inaudible) . Does the authority. . . subpoena authority of the attorney general and the Honolulu prosecutor , is it unlimited? ONO: I 'm not sure. I believe it is somewhat limited. But not very limited. BETHEA: Can you check on that as well? ONO: Sure. We've had. . .we had the power delegated to us by one of the attorney generals , attorney (inaudible) when he was there. And it worked very nicely. We used it primarily for bad-check cases , but we did use it when we had to get business records or other types of investigations. It does help us because most people say, well we don' t want to give it out because of confidentiality or we' re afraid we' re gonna be sued if we show you this information, although we would like to show it to you. Then the subpoena was very easy to just give them and then they would just give us . . .turn over the records to us . In cases of some banks , we 've had to go as far as (inaudible) , okay, if you' re not going to pass over your records voluntarily, then the only alternative is either for us to go to the grand jury or get a search warrant. And I think the search warrant pretty much scared some of them, that they figured out that we could effectively shut them down for days while we searched for the records if they didn' t cooperate. But , you know, let ' s face it , a search warrant is a real lengthy and expensive process. And it is a (inaudible) that you don' t want to (inaudible) . 397 BETHEA: I think it would be very helpful to the commission if you could tell us exactly what you want, you know, the authority for , and what the limitations are in other jurisdictions (inaudible) the attorney general . Any other questions of the prosecuting attorney? GREENWELL: The point. . . the prosecuting attorney' s section is a department . . . the only one that doesn' t end up with administrative supervision, being under the general supervision of the mayor. This sort of supports the. . . it . . . submitting his own budget . BETHEA: Any other questions? Thank you very kindly. (End of verbatim. ) IX. GENERAL ITEMS A. Discussed how the commission intends to proceed with the decision-making process of handling issues. The commission agreed to continue to identify issues , then have a section-by- section review, and lastly make a decision. B. Newspaper articles will be distributed to commission members for their review. C. Discussed how detailed the agenda needs to be. D. Chairman Bethea requested that he be authorized to approve counsel ' s contract; and a motion to that effect was made by Pete L'Orange and seconded by Akira Omonaka. All were in favor; motion carried. E. The Honolulu Advertiser will be receiving our agendas. X. SETTING NEXT MEETING DATE Discussed setting advanced meeting dates with some regularity, approximately every three weeks on a Wednesday. In connection with this, counsel will also review the rules of procedure that were temporarily adopted when the commission began. The next meeting will be June 7th, 3 : 30 p.m. at the Liquor Conference room. A following meeting is tentatively scheduled for June 29th in the Councilroom; time is indefinite. 398 I t , XI . ADJOURNMENT • Chairman Bethea adjourned the meeting at 7 : 02 p. m. Respectfully submitted , . (2 )21.AW,e/ R. Marie Jacob/ Exec. Secretary & Adm. Aide • 399 Bernard K.Akana Mayor David K.Luke Jr. I Director of Personnel �SV OF„ OJHF^_,_ 9y91, • . • Michael R. Ben , ���'';:! , Department of Civil Service Deputy Director of Personnel i a: �ci/a :<i ,Ag. Hilo Lagoon Centre • 101 Aupuni Street, Suite 133 • Hilo,Hawaii 96720 • (808) 961-8361 • 0,A4--;.- -.-0:' .I,•1','',44%!4•;%;:s---'P` May 12, 1989 Mr. Robert E. Bethea, Chairperson Hawaii County Charter Commission 101 Aupuni Street, Suite 235 Hilo Lagoon Centre Hilo, Hawaii 96720 Dear Mr. Bethea: This transmits a statement of the purpose of the Department of Civil Service and the organization and function charts for the Department of Civil Service (attachments A, B and C) . In my meeting with the Charter Commission on May 17, 1989, I will review these items with the Charter Commission and attempt to answer any questions the Commissioners may have. In addition, I am also transmitting a draft of a proposed amendment for Article VII, Chapter 1, of the Charter (attachment D) . In brief, this amendment proposes to do the following: 1. Change the number of Civil Service Commissioners from seven to five. There is a conflict between Section 76-71, HRS, and the Charter. Section 76-71, HRS, specifies that there shall be five Commissioners and the Attorney General has ruled that the statute prevails in this instance. We currently have five members and amending the Charter is a housekeeping measure. 2. Provide for five-year staggered terms of the Civil Service Commissioners. When the number of Commissioners was changed from seven to five, the staggered terms were disrupted. The amendment will eventually establish five-year terms which are staggered one year apart. The attached chart (attachment E) portrays the existing terms of the Commissioners and two alternatives to create five-year staggered terms. 3. Eliminate district representation for Commissioners. HRS does not prescribe district representation for Commissioners and the reduction of Commissioners from seven to five has rendered the original district representation obsolete. EXHIBIT A 400 Pg. 1 of 9 L Mr. Robert E. Bethea Page 2 May 12, 1989 4. Remove the designation of primary and secondary responsibilities with respect to the duties of the Personnel Director. The most important duty of the Personnel Director is to administer the personnel program in accordance with the civil service law (merit system) which includes many activities. His duties should, therefore, not be categorized as primary and secondary. In addition to our proposed amendment of Article VII, there are two sections of the Charter which are in conflict with civil service laws and should be amended. We, therefore, propose two additional amendments which appear below in Ramseyer form: 1. Section 4.5(a) Appoint and remove a deputy or assistant and a private secretary [and such positions shall be exempt from civil service laws and classifications.] whose status shall be in accordance with civil service laws. No such appointment shall be made unless the positions have been created and appropriations therefor have been made by the council. 2. Section 5-1.4(b) Appoint necessary staff for which appropriations have been made by the council. [All positions in the mayor's office shall be exempt from civil service laws and classifications.] The status of such positions shall be in accordance with civil service laws. (Material to be deleted is bracketed. New material is underscored.) Finally, the civil service law identifies our department as the Department of Civil Service and its director as the Personnel Director. Therefore, we propose to change the terms Director of Civil Service and Deputy Director of Civil Service to Personnel Director and Deputy Personnel Director in the following sections of the Charter: 1) Table of Contents, Article VII, Chapter 1, Section 7-1.3; 2) Section 3-4(b) ; 3) Section 13-10. Thank you for the opportunity to present my views to the Commission. • David K. L ke Jr. Director of Personnel DKL:vsy attachments cc: Mayor Managing Director Pg. 2 of 9 401 ATTACHMENT A Purpose - Department of Civil Service The primary purpose of the Department of Civil Service is to develop and maintain a personnel system for the County of Hawaii based on merit principles and scientific methods governing the classification of positions and the employment, conduct, movement, and separation of public officers and employees. The merit principles we refer to is found in Section 76-1, Hawaii Revised Statutes. These principles are: (1) Equal opportunity for all regardless of race, sex, age, religion, color, ancestry, or politics. No person shall be discriminatedagainst in any case because of any physical handicap, in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position the duties of which, in the opinion of the director of personnel services, may be efficiently performed by a person with such a physical handicap; provided that the employment will not be hazardous to the appointee or endanger the health or safety of the appointee's co-workers or others. (2) Impartial selection of the ablest person for government service by means of competitive tests which are fair, objective, and practical, (3) Just opportunity for competent employees to be promoted within the service. (4) Reasonable job security for the competent employee, including the right of appeal from personnel actions. (5) Systematic classification of all positions through adequate job evaluation. (6) Proper balance in employer-employee relations between the people as the employer and employees as the individual citizens, to achieve a well trained, productive, and happy working force. The functional statements that are attached further develops and enhances these outlined principles as we continue to discover new methodologies and as we encounter new challenges to personnel system. Pg. 3 of 9 402 • ATTACHMENT. B • • COUNTY OF HAWAII CD La Department of Civil Service h j OP Director of Personnel A-17 • Z0031 • Civil Service Commission Dep. Director of Personnel A-16 • 5 members O Z0032 . ✓h >O • Secretary-Reporter SR-16* NC 3363 • Pers. Mgt. Services Recruitment/Examination Pers. Development ,Admin.-Transactions Classification/Pay Labor Relations Spec. EM-3 Pers. Mgt. Spec. II SR-21 Pers. Mgt. Spec. II SR-21* Pers. Mgt. Spec. II SR-21 Pers. Mgt. .Spec. I SR-18 HC 2749 HC 3005 HC 2466 HC 51 HC 3275 Pers. Mgt. Spec. II SR-21* I , I HC 2466 - Personnel Assistant SR-17 Admin. Services Transactions/Records HC 3006 Secretary-Reporter SR-16* Personnel Clerk II SR-15 • Senior Clerk-Steno SR=11* . HC 3363 HC 2159 .HC 52 Personnel Clerk II SR-15 Senior Clerk-Steno SR-11* HC 2750 HC 52 Student Help (CVE) *Dual assignment • APPROVED: DANTE CARP TER,/MAYOR - Director of Personnel • Date: Date: 7//d 7t/ ATTACHMENT C DEPARTMENT OF CIVIL SERVICE ADMINISTRATION CIVIL SERVICE COMMISSION Function Chart Directs and administers departmental programs; Advises the Mayor and the Director of Personnel on advises the Mayor on County-wide personnel problems concerning personnel administration; hears administration; and provides secretarial and appeals; prescribes rules and regulations to carry out the -P- administrative services to the Civil Service provisions of Chapters 76 & 77, HRS, and Section 91-2, CD Commission; fosters the development of effective HRS; represent the public interest in the improvement of hd personnel administration within the County. personnel administration in the civil service; assist in CM fostering the interest of institutions, learning and • Positions civic, professional and employee organizations in the In improvement of personnel standards in civil service; make Director of Personnel investigations concerning the administration of personnel 0 Deputy Director of Personnel policies in the civil service. F-h Members Five members appointed by Mayor and confirmed by the Council. ADMINISTRATIVE SERVICES CLASSIFICATION AND PAY . RECRUITMENT AND EXAMINATION LABOR RELATIONS PERSONNEL DEVELOPMENT AND TRANSACTIONS DIVISION DIVISION AND TRAINING - Develops and maintains the - Participates in collective Administrative Services: position classification plan. - Administers the overall bargaining negotiations as - Coordinates countywide training - Conducts audits of positions or recruitment and examination members of the County's activities to increase employee - Assists the Director in units of positions and program for the County of negotiating team. efficiency and fitness for coordinating secretarial and classifies according to Hawaii to fill all civil - Administers a program involving County service. administrative services to the established factors. service positions in the implementation of - Organizes and provides Civil Service Commission. - Develops and maintains conformance with Federal, State collective bargaining technical consultation on - Coordinates the development and specifications on the classes and local laws, Equal agreements and the employee training programs. publication of amendments to of positions. Employment Opportunity/ interpretation of the - Establishes programs to the Personnel Rules and - Develops and maintains the Affirmative Action and merit provisions during the life of identify training needs of Regulations. compensation plans. system principles. the contracts. employees and develops/locates - Represents the Employees' - Evaluates classes of positions - Develops a career service in - Advises and assists departments resources to meet such needs. Retirement System of the State for assignment to appropriate government to attract, select on the application and - Develops and conducts training in providing information to salary or wage grade, and retain the best of citizens interpretation of personnel courses and special programs as employees and in receiving - Participates in periodic on merit, free from coercive laws, rules and policies required. applications for retirement in pricing reviews of classes to political influences, with relating to labor-management - Assists in administering the maintain uniformity in pay with incentives in the form of relations. County's Incentive and Service other public jurisdictions, genuine opportunities for - Maintains and/or gathers cost Awards System. promotions in the service. data in support of collective - Coordinates the County's accordance with Section 76-81, - Advertises County of Hawaii bargaining negotiations and for participation in the HRS, and the Administrative employment opportunities to the special personnel programs. Cooperative Vocational Rules of the Employees' community and County employees. - May serve as the Mayor's Education (CVE) Program. Retirement System. - Advises departments of options representative in hearing all - Administers the provisions of and recruitment methods in third-step appeals in the the Uniform Information filling their vacancies. collective bargaining grievance Practices Act. - Provides applicants with process. - Coordinates the development of information pertaining to the - Provides assistance and advice the departmental budget. recruitment and examination to all departments on employer- - Provides technical personnel process and its timetable and employee relations. assistance to the Director and renders employment counseling Deputy. to thepublic..as needed. ATTACHMENT C - Serves as liaison between the Transactions and Records: central personnel agency and other employment agencies and - Audits and processes payroll educational institutions. certification forms involving - Conducts recruitment talks to personnel appointments, community organizations, in-service changes and private/public high schools and separations in accordance with colleges regarding the role of laws and rules governing civil the department, as the central service, classification and personnel agency for the compensation. County, and the available - Maintains personnel records, recruitments. files and statistics. - Develops and administers - Applies and interprets written examinations, compensation laws as uniformly performance tests and training as practicable with the State and experience evaluations to and other counties in insure that all applicants are accordance with Sections 76-2, tested in a fair and objective 76-3 and 77-10, HRS. manner. - Reviews independent contractor - Establishes and maintains and employer-employee contracts registration and eligible lists for appropriate certification and refers the names of of the Personnel Director in individuals on these lists to accordance with Section 76-77, departments having vacancies in HRS. accordance with Section 76-23, - Provides assistance to line HRS. departments and agencies in - Conducts research of interpreting laws, rules, examination techniques and regulations and contract practices for performance tests provisions and in the conduct and training and experience of their personnel transactions evaluations. and records maintenance - Advises departments and activities. agencies of policies and - Reviews temporary assignment procedures pertaining to reports of County employees for recruitment and examination, compliance with rules and Equal Employment Opportunity/ regulations, collective Affirmative Action and the bargaining agreements and merit system. executive orders. - Serves as liaison between - Reviews compensatory time departments and County records of County employees for physicians regarding use of the compliance with recordkeeping County's pre-employment medical requirements of the Fair Labor examination evaluation guide Standards Act. and monitors the payment of pre-employment physical ro -N examinations conducted for GQ • In prospective employees. OT 0 Fh Revised 5/89 Attachment D ARTICLE VII EXECUTIVE BRANCH - DEPARTMENTS OR AGENCIES UNDER COMMISSIONS CHAPTER 1 DEPARTMENT OF CIVIL SERVICE Section 7-1.1. Organization. There shall be a department of civil service consisting of a personnel director, a civil service commission and the necessary staff. Section 7-1.2. Civil Service Commission. (a) The civil service commission shall consist of five members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Appointments shall be made in a manner so as to achieve staggered terms among commission members, provided, no two terms shall end in the same year and provided further, no appointment shall be for more than five years. Commission members shall be in sympathy with and believe in applying the merit principles to public employment. (b) The civil service commission shall: 1. Adopt rules having the force and effect of law to carry out the provisions of the civil service laws of the State. 2. Hear appeals, in accordance with law, by any person, officer, or employee aggrieved by any action by the personnel director or by any appointing authority. 3. Have such other powers and duties as may be provided by law or rules and regulations. Section 7-1.3. Personnel Director. The personnel director shall be appointed by the civil service commission and may be removed by the commission. Pg. 7 of 9 406 Attachment D Article VII Page 2 Section 7-1.4. Powers, Duties and Functions. The personnel director shall: 1. Be the administrative head of the department of civil service. 2. Be responsible for the personnel management program of the county. 3 . Perform such duties as are established under the civil service laws of the State. Section 7-1.5. Position Classification Plan; Compensation. Except as otherwise provided by law or this charter, all positions in the service of the county shall be classified within a position classification plan, and all persons holding such positions shall be compensated as provided by the compensation law of the state. Section 7-1.6. Administrative Supervision. The department of civil. service shall come under the general supervision and control of the mayor. Pg. 8 of 9 407 ATTACHMENT E Date 89 90 91 92 93 94 95 96 97 98 Current Started Robert Paddock 1/1/86 12/31/90 Jane Yanabu 1/1/88 12/31/92 Barney Meadows 1/1/88 12/31/92 Piilani Desha 1/1/89 12/31/93 Lokelani Richards- 1/1/89 12/31/93 Silva Alternativ= Terms of Appointme is to Imp ement Staggered Terms Replacements: R.P. 1/1/91 4 year 12/31/94 J.Y. 1/1/9 years 12/31/95 B.M. 1/1/9 4 years 12/31/96 P.D. 1/1/9,. 4 years ` 12/31/97 L.R-S. 1/1/9, . 5 years 12/31/98 OR: R.P. 1/1/91 5 ,ears 12/31/95 J.Y. 1/1/93 2 ,ears ----12/31/94 B.M. 1/1/93 5 years 12/31/97 P.D. 1/1/94 3 years 12/31/96 L.R-S. • 1/1/94 5 years r 12/31/98' Second alternative provides for three 5-year terms of appointment. In addition, under charter, member with 2 year appointment may be appointed to another term of 5 years. Pg. 9 of 9 408 Bernard K.Altana Mayor Larry Tanimoto Director IoJatr os"''+' . George Yoshida --.;415-- '; Department of Parks and Recreation Deputy Director T ,.! Hawaii County Charter Commission Page 2 May 12, 1989 The current operating budget is $8, 534, 482. Approximately $807, 548 of this amount is Federal program grants for certain senior citizen activities . A comprehensive user fee policy provides about $405, 160 in revenues to offset operating costs. Respectfully submitted, (A—,,,07/AN-7.1.4je Larry Tanimoto Director Pg. 2 of 2 410 JON R.ONO -'Ntv of, 34 RAINBOW DRIVE PROSECUTING ATTORNEY =o`? ,• "�y '•., HILO,HAWAII 96720 PH.961-0466 JAY T.KIMURA T' %+: i�y :* ' .Bid/irI.f FIRST DEPUTY ,t . WEST HAWAIIBOX736 UNIT PROSECUTING ATTORNEY •s�o..N,_Mo;Pp-- P.O q>e'OFHP ,- CAPTAIN COOK HAWAII 96704 OFFICE OF THE PROSECUTING ATTORNEY PH.323-2658 May 17 , 1989 TO: Mr. Robert E. Bethea, Chairman and Members of the Charter Commission FROM: Jon R. Ono ` tto Prosecute rney RE: Office of the Prosecuting Attorney The Prosecuting Attorney is the chief law enforcement officer of the County. The Office of the Prosecuting Attorney sees that the laws are faithfully executed and enforced with integrity in order to maintain the rule of law and achieve just results. HISTORY In January , 1969 , the establishment of the County Charter divided the previous Office of the County Attorney, an elected office, into the Office of the Prosecuting Attorney and the Office of the Corporation Counsel. The Prosecutor remained an elected office but the Corporation Counsel became appointed by the mayor and confirmed by the County Council. Yoshito Tanaka was the first elected prosecutor, followed by Paul de Silva in 1972. Jon Ono has served as prosecutor since 1978. EXHIBIT C 411 Pg. 1 of 10 Mr. Robert E. Bethea, Chairman and Members of the Charter Commission Page 2 May 17 , 1989 ORGANIZATION The Office of the Prosecuting Attorney consists currently of five separate units . Below are brief outlines of the services performed by the units . A. Deputy Prosecutors . The deputy prosecutors represent the office in the criminal courts ; advise police and other government agencies ; argue matters before the Intermediate Court of Appeals and the Supreme Court of the State of Hawaii ; present matters to the grand jury; participate in the drafting of legislation and at times testify before the legislature; conduct training for other agencies in criminal law and procedure; take part in administrative hearings ; review all criminal matters that are referred to the office; assist in requests for public speaking or speeches ; and perform other related duties as necessary and requested. B. Clerical Unit. The clerical unit provides clerical support to all the other units in the office. Pg. 2 of 10 412 Mr. Robert E. Bethea, Chairman and Members of the Charter Commission Page 3 May 17 , 1989 C. Investigative Unit. Consisting of a supervising investigator and two staff investigators , the investigative unit provides trial support for the deputy prosecutors. In addition, they assist in investigations conducted by the police and originating in the office. D. Victim/Witness Counselling Unit. This unit is headed by a victim/witness coordinator and has four other counselors . The primary responsibility of the unit is to assist victims and witnesses through the difficult and cumbersome criminal justice system. The unit networks with other service agencies to refer victims for specific counselling services and help. E. Administrative Unit. The prosecuting attorney, first deputy prosecutor, private secretary , senior account clerk and the supervisors of the four other units comprise the administrative unit. Primary responsibilities include management of the office, budget matters , setting policies , planning, communication, and personnel . 413 Pg. 3 of 10 Mr. Robert E. Bethea, Chairman and Members of the Charter Commission Page 4 May 17 , 1989 BUDGET The current budget is a mixture of County, State and Federal funds , broken down as follows : County $1 , 244,625 State $311 , 000 Federal $112, 853 STATISTICS In representing the State of Hawaii in all criminal matters , the Office of the Prosecuting attorney was referred the following number of cases in the past years . It should be noted that these numbers do not reflect traffic cases that take up most of the district calendars. 1987 1988 1989 Felonies/Misdemeanors including Family Court: 9 , 680 11 , 124 14, 000(estimate) Pg. 4 of 10 414 Mr. Robert E. Bethea, Chairman and Members of the Charter Commission Page 5 May 17 , 1989 Suggested changes to the County Charter 1 . Section 9-4. Powers , Duties and Functions . The prosecuting attorney or his deputy shall : (a) Be the chief law enforcement officer for the County. (b) [same as rest of section] 2. Non-partison election as 'was done in Honolulu. 3. Allow the prosecuting attorney to submit his own budget to the council. Pg. 5 of 10 415 • CHART I: OFFICE OF THE PROSECUTING ATTORNEY PROSECUTING ATTORNEY A19 Z-0026 1 I Secretarial Services FIRST DEPUTY A17 Fiscal Services Z-0027 Private Secretary SR16 Sen±mr Acct Clk SR13 #1882 #2988 ` 1 1 CLERICAL U/W COUNSELORS INVESTIGATORS ATTORNEYS . UNIT UNIT UNIT UNIT Chart II Chart III • Chart IU Chart V Pg. 6 of 10 416 CHART II CLERICAL. UNIT SR . LEGAL STENO #2754 SR16 — HILO — — KONA LEGAL STENO SR14 SR . LEGAL STENO SR16 #2932 TEMP . DOWNGRADED TO #3077 SR . CLK—STENO SR11 #3078 #2937 #3210 * #3243 * LEGAL STENO SR14 SR . CLERK—STENO SR11 TEMP . DOWNGRADED TO #2398 SR . CLK—STENO SR11 #G-0010 * #2987 #G-0012 * #2986 CLERK—STENO SR9 #3119 #3209 • CLERK—TYPIST SR8 ( ) state funded positions (**) federal funded positions #31.20 1/2T CLK—STENO SR9 #3239 ** Pg. 7 of 10 417 CHART. 1 1 VICTIM/WITNESS UNIT VICTIM/WITNESS COORDINATOR #2397 SR24 VICTIM/WITNESS COUNSELOR SR21 #3027 #3258 * #3238 ** #3240 (Kona) (*) state funded positions (**) federal funded positions Pg. 8 of 10 418 1 . CHART IV INVES_UGATORS UNIT INVESTIGATOR VI SR26 #2985 • I INVESTIGATOR V SR24 • #3079 #3257 * #3241 (*) state funded positions (**) federal funded positions • 419 Pg. 9 of 10 CHART U ATTORNEYS UNIT SR . DEPUTY LG2 Z-0028 (Career Criminal Program) DEPUTY LG2 DEPUTY LG2 Z-0030 G-0004 * Z-0052 DEPUTY LG1 DEPUTY LG1 Z-0055 G-0005 * Z-0056 G-0018 * Z-0060 Z-0061 Z-0029 Z-0049 Z-0062 Z-0050 LAW STUDENT INTERN C- C-. (*) state funded positions Pg. 10 of 10 420 Bernard K.Altana Mayor Duane Kanuha Director " JN >o ' William L. oore ` - i % PlanningDepartment euDiuector i :er4TE oF.N PSP` ; 25 Aupuni Street,Rm.109 • Hilo,Hawaii 96720 • (808) 961-8288 March 17, 1989 TO: Mr . Robert E . Bethea, Chairman and Members of the Charter Commission FROM: Duane Ka uha, Planning Director SUBJECT : COUNTY OF HAWAII PLANNING DEPARTMENT The Planning Department provides technical advice to the Mayor, Planning Commission, and the County Council on all planning and land use related matters. The Department is charged with the preparation and administration of the County General Plan, along with subdivision and zoning ordinances and attendant regulations which implement the General Plan. We also provide administrative and technical support to four (4 ) commissions and boards that are attached to the Department for administrative purposes : the Planning Commission, Board of Appeals, Kailua Village Design Commission, and the Arborist Advisory Council . The Planning Commission consists of nine ( 9 ) lay members appointed by the Mayor and confirmed by the County Council . Membership reflects representation of the geographic areas of Puna, Hilo, Ka' u, Kohala, Hamakua and three (3 ) members sitting at-large . The Board of Appeals consists of seven ( 7 ) members who are appointed by the Mayor and confirmed by the County Council . This board is administratively attached to the Department although it EXHIBIT D 421 Pg. 1 of 5 hears and determines all appeals from the actions of the Chief Engineer on matters related to the building, plumbing, and electrical codes in addition to appeals of decisions by the Planning Director and Planning Commission. There are currently twenty-six ( 26 ) permanent civil service employees, including seventeen ( 17 ) professional planners . In addition, there are three appointed positions consisting of the Director , Deputy Director, and Private Secretary. The Department has three major divisions, Kona services section and an Administrative Services Section. These divisions are Planning, Land Use Controls, and Special Projects. The Department ' s operating budget for fiscal year 1988-89 is $974, 055 of which $141, 500 is funded through the State of Hawaii to administer the State Coastal Zone Management (CZM) program. The Planning Division provides staff support to the Planning Commission, conducts long-range planning and plan implementation, and is responsible for resource management in the areas of historic sites review, environmental impact statement (EIS) assessment, and administration of the Coastal Zone Management (CZM) program. This division is also responsible for the maintenance of the planning information systems including the computerized land use inventory and permit tracking system. The Land Use Control Division administers the subdivision control code, plan approval and project review, zoning enforcement, and other permit-related functions such as ohana zoning permits, administrative variances, grading permits, and special agreements . Pg. 2 of 5 422 -2- Special Projects is responsible for coordinating the County' s capital improvementprogram ro ram and consistency review of other State or governmental programs and projects . As required, this division implements code amendments necessary to comply with newly adopted legislation. Staff support of the Arborist Advisory Council is also provided by this division. The Kona Services Section is currently staffed by two ( 2 ) planners. This office provides the full range of land use consultation, plan approval services, and assists in inspection and code enforcement, in addition to coordinating the activities of the Kailua Village Design Commission. Finally, the Administrative service section provides administrative support functions for all divisions in the form of clerical, accounting, and drafting activities . The sections of the Charter directly impacting the Department include Article III , Section 3-16 relating to General Plan, Article V, Chapter 4 relating to Planning Department, and Chapter 5 relating to Planning Commission and Section 5-6 . 3 relating to Board of Appeals. We concur the current language in Article III , Section 3-16, relating to the General Plan and Article V, Chapter 4 relating to the Planning Department and do not recommend any amendments thereto. With respect to Section 5-4 . 3 relating to the Planning Commission, we ask that you consider the following amendments : 1 . Amend Section 5-4 . 3 ( e) by deleting it in its entirety. Under the State Land Use Commission regulations, the Planning Director, as opposed to the Planning 423 Pg. 3 of 5 -3 Commission, is a party in state land use boundary proceedings. Consequently, the responsibility of the Planning Commission to review such changes is not consistent with current requirements . 2 . Amend Section 5-4 . 3 ( f ) by deleting it in its entirety. The Director no longer has the authority to deny change of zone requests, consequently, there is nothing to appeal to the Commission. Other actions of the Planning Director are directly appealable to the Board of Appeals . 3 . Amend Section 5-4 .3 ( h) as follows : Hold public hearings whenever necessary and in every case prior to [ the granting of ] action on any rezoning request, variance, special exception, or other related applications. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in a daily newspaper of general circulation in the county. The Planning Commission does not have the authority to "grant" rezoning request . It is advisory to the County Council on these matters. However, on other permits, they are the decision-making authority. To accommodate the different types of duties, we are suggesting wording whereby a public hearing is required prior to any action by the Commission. Pg. 4 of 5 424 -4- With respect to Chapter 6, Section 5-6. 3 relating to Board of Appeal, we ask that you consider the following : The Board of Appeals is administratively attached to the Planning Department . However, one of its primary responsibilities is to review the actions of the Planning Department. In these cases, we are generally in an adversarial relationship with the appellant, with the Board serving as the adjudicator. Through our administrative responsibility, we provide clerical and other assistance to the Board. These two roles may raise a potential conflict or at least the appearance of a conflict in that we both service the Board and appear before it at the same time . Consequently, we ask that you consider assigning the administrative responsibilities of the Board to another agency such as the Corporation Counsel. Finally, we also ask that you take a careful review of Section 13-4 relating to Boards and Commissions and Section 13-11 relating to Penalties. Several concerns have been raised by the Planning Commissioners with respect to the ability to reappoint a Commissioner who has served a partial term, the quorum requirements and voting procedures . With respect to Section 13-11, we ask that you consider extending the penalties section to provide for civil fines as penalty for violation of ordinance and regulation in addition to the criminal penalties. Thank you for the opportunity to provide you with our thoughts on the review of the Charter. We will be happy to answer any questions you may have . 425 Pg. 5 of 5 -5- CIVIL SERVICE OPERATIONS by 411 Dave Luke I. PURPOSE OF CIVIL SERVICE A. Merit-system agency 1. Chapter 76-1, H.R.S. (p.349) a) Offers equal employment (p.349) b) Offers impartial selection of ablest person via competitive tests (p.349) c) Offers opportunities for competent employees (p.349) d) Offers reasonable job security and right to appeal (p.349) e) Offers systematic job classification (p.349) f) Offers balanced employee-employer relations (p.349) 2. State law and collective bargaining have "removal" language for employees (pp.365-6) II. DIRECTOR FUNCTIONS 111/ A. Administrative (p.350) 1. Direct and maintain departmental programs (p.350) 1. Exclude director's a) Under Civil Service law (p.350) responsibilities as either primary or b) Represent mayor in collective bargaining secondary (p.363) (p.350) 2. Change titles to 2. Appoints deputy (p.361) per state statute "Personnel Director" B. Employees Retirement System (p.350) and "Deputy Personnel Director" (p.372) 1. Coordinates applications with state (p.350) 2. Provides information and assistance re application/benefits (p.350) 3. Administers Uniform Information Practices Act (p.350) C. Transactions Division (p.351) 1. Audits/processes payroll certification forms (p.351) a) Includes personnel appointments, in-service changes and separations (p.351) b) Maintain personnel records (p.351) 2. Applies and interprets compensation laws re 425.1 4111 Sections 76-2, 76-3, 77-10, H.R.S. (p.351) 3. Reviews contracts (p.351) a) Independent contractors b) Temporary workers D. Classification and pay division (p.352) 3. Correct Sec. 4.5(a) to 1. Develop and maintain position classification read appointed plans (p.352) secre- taries/deputies are subject to classifi- 2. Develop and maintain compensation plans (p.352) cations (p.367) 3. Personnel directors meet every other year to 4. Take out all contra- review pricing (p.352) dictions to state 4. Gone beyond law in requiring physical law (p.368) standards (p.370) 5. Change language in 5. Appointees must begin in specific classifica- tionsSection 5-1.4(b) but can also begin at higher step than bottom step (p.372) E. Recruit and exam division (p.352) 1. Administers programs 2. Develops career service in government (p.352) F. Personnel development and training (p.352) - III. CIVIL SERVICE COMMISSION 11/ A. Hears appeals (p.350) B. Prescribes rules and regulations to carry out Chapters 76 and 77 of Civil Service law (pp. 350, 357) C. Other powers and duties as prescribed by law (p.357) D. Greenwell: 5 members appointed by mayor and 6. Change from 7 to 5 conformed by Council per H.R.S. ; Charter says 7 commission members (p.353) (p.353) 1. State law prevails over Charter (p.353) 7. Bethea: word Charter 2. Yuen: commission has to propose amendment to to conform with change Charter (p.353) state law (p.354) 3. Luke/Greenwell: district representation not 8. Change staggered terms (p.355) necessary (pp.358,364) 4. Bethea: no other commission functions with 5 9• Bethea: define when to use "district" or members (p.359) "geographical area" E. Terms (p.360) 1. Stagger terms from 7 to 5 years (p.355) 10. Change from 7-year a) Do per language in exhibit attached (p.355) to 5-year staggered terms F. Duties 11. Bethea: spell out 1111 1. Functions according to statute (p.356 duties (p.356) 425.2 - G. Cushnie: members required to agree with principles of merit system to be appointed (p.363) 1. Done through interviews (p.363) IV. CHAR'TER'S RESPONSIBILITY A. Bethea: public may not choose any of Charter's suggested changes (p.362) V. CAMPAIGNS A. Civil Service employees are allowed to work on campaigns during their own time (p.365) 1. Personal time used as wished (p.365) 1111 4111 425.3 JON R.ONO .77:7 34 RAINBOW DRIVE �7 " k4h HILO,HAWAII 96720 PROSECUTING ATTORNEY 'o., > 9''., - y`.,,� ��l ilii. JAY T.KIMURA �� PH.961-0466 FIRST DEPUTY PROSECUTING ATTORNEY WEST HAWAII UNIT • „""_�•• P.O. NX 736 ,','SrgTF•OF H�•�P'• CAPTAIN COOK HAWAII 96704 OFFICE OF THE PROSECUTING ATTORNEY PH.323-2658 November 3 , 1989 Bob Bethea Charter Commission 101 Aupuni Street, Suite 235 Hilo, HI 96720 Dear Mr . Bethea : I am sorry to have taken so long to get this proposed amendment to the County Charter to you. I was able to obtain a copy of the language in the Honolulu charter amendment and would suggest we use the same. As far as the other two suggestions for change, we are withdrawing them at this time as it will be very difficult to make the changes . Please call me if you have any questions or discussions regarding this . • Sincerely, JON R. ONO Prosecuting Attorney JRO: ph 425.4 CITY CCOLT INTCIL CITY AND COUNTY OF HONOLULU No. 86-238 HONOLULU , H AWA I I DTaf Draft 2 i RESOLUTION INITIATING AMENDMENTS TO ARTICLES VI AND VIII OF THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973 , AS AMENDED, TO ALLOW THE PROSECUTING ATTORNEY TO HIRE AN EXECUTIVE ASSISTANT, TO PROVIDE THAT THE PROSECUTING ATTORNEY BE ELECTED ON A NONPARTISAN BASIS, AND TO ESTABLISH A CONTINGENCY FUND FOR THE PROSECUTING ATTORNEY. WHEREAS, Article XV of the Revised Charter of the City and County of Honolulu 1973, as amended ( "Charter" ) , provides for the procedure whereby the Council of the City and County of Honolulu may initiate, by resolution, amendments to said Charter; and WHEREAS, the function of the Prosecuting Attorney to initiate and pursue criminal prosecutions derives from one of the most important and significant powers granted to the City and County of Honolulu by the State of Hawaii; and WHEREAS, the Prosecuting Attorney is elected and reports directly to the people of the City and County of Honolulu; and • WHEREAS, the Prosecuting Attorney should be able to exercise discretion and make judgments free of any partisan political pressure or influence; and WHEREAS, other elected officials are able to hire executive assistants whose qualifications for these positions are best determined by those officials rather than civil service rules and regulations; and WHEREAS, the Prosecuting Attorney is in need of readily available funds for unanticipated expenses which arise during the fiscal year, necessitated by on-going investigations and prosecutions within the Office of the Prosecuting Attorney; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu: 1 . That it propose and it is proposed that the following questions be placed on the 1986 General Election ballot: a. "Shall the City Charter be amended to allow the Prosecuting Attorney to hire a civil service- exempt executive assistant?" 425.5 11/ • • C±TY' C OZTN'CI L 86-238 CITY AND COUNTY OF HONOLULU • NO. HONOLULU , HAWAII • (Draft No. 2) I RESOLUTION b. "Shall the City Charter be amended to allow for the election of the Prosecuting Attorney on a nonpartisan basis?" c. "Shall the City Charter be amended to establish a contingency fund for the Prosecuting Attorney?" 2. That it propose and it is proposed that Articles VI and VIII of the Charter be amended as. follows: a. By amending Section 6-303 of the Charter by amending subsection (c) to read as follows: " (c) Position of deputies of the corpora- tion counsel, deputies of the prose- cuting attorney [and] , law clerks[ . ] and an executive assistant to the prosecuting attorney. " b. By amending Section 8-102 of the Charter to read as follows: • "Section 8-102.. Election. and. Term of Office -- IllThe prosecuting attorney shall 'be elected by a , nonpartisan . special..election for a term of four years [.which term] The first;, such special election` shall;,be`. he.l.d conjuncti;on"with the primary election -.o,f .;19.88 , and subsequent special elections :for• 'the'..prosecuting attorney 'shall be held •at four-year intervals thereafter in • conjunction with, the ,p,r,imary elections for those years. , The candidate receibing' a majority of . votes' cast for the office of the prosecuting attorney shall be deemed' elected. 'In. the event that no. ,candidate 'r,eceiwes, a ,majori.ty of the votes cast. `in the social election held in conjunction with the primary election, a second special , election shall be scheduled to be held in conjunction with the general election . sched- uled for the same year. The names of the two candidates. receiving the highest number of votes for the office of prosecuting attorney in the preceding special election shall be placed on the ballot for the second special election. The candidate •receiving the, highest number of votes • at the special election held .in . conjunction with the general election shall be deemed elected. 425.6 • -2- CCYLIDWO CII CITY AND COUNTY OF HONOLULU No. 86-238 HONOLULU , HAWAII (Draft No. 2) 111/ RESOLUTION The term of office of the prosecuting attorney shall commence at twelve o' clock meridian on the second day of January following the prosecuting attorney' s election. " c. By amending Article VIII of the Charter to read as follows: "Section 8_108. Conti_nSency.,. F.und -- The council shall provide in the annual operating budget for the prosecuting attorney, a contingency fund to be expended by the prosecuting attorney at the prosecuting attorney' s sole discretion and for the puraose_stat.ed herein. A contingency, as used in this paragraph, shall consist of any circumstance that requires the protection of or the prevention of any threat to the life of any person involved in the investigation and/or prosecution of any person or. organization. The contingency fund shall also be used for the payment of expenses incurred in making available witnesses necessary to the prosecution of cases whose domicile is outside of the City and County of Honolulu. A report itemizing the expenditures made from this fund shall be filed with the council by the prosecuting attorney on a quarterly basis. " 3. clew Charter material is underscored. Bracketed Charter material is repealed. When revising, compiling or printing these Charter provisions for inclusion in the Revised Charter of Honolulu 1973, as amended, the Corporation Counsel need not include the brackets, the bracketed material or the underscoring . 4 . That the City Clerk be and hereby is directed to prepare the necessary ballots with the questions contained in this resolution, and with spaces for "yes" or "no" votes on the question, for presentation to the electors at the 1986 General Election. The City Clerk may make technical non- substantive changes to the form of the question presented in order to conform it to the form of other Charter amendment questions presented to the electors at the same election. 5 . That the City Clerk be and hereby is directed to publish the above-proposed Charter amendments at length in a daily newspaper of general circulation in the City and County of Honolulu at least forty-five days prior to the submission of said amendments to the electors at the 1986 General Election. 425.7 -3- RESOLUTION Ilk6 . That upon approval of the Charter amendment questions posed in this resolution by a majority of electors voting thereon, as duly certified, the Charter amendments proposed in this resolution shall take effect. INTRODUCED BY: • % % • 1111 . Councilmembers DATE OF INTRODUCTION: J U L 9 1986 . Honolulu, Hawaii (OCS/072386/ec) -4- ,•, .;YwCC.VCIWCTICAADOPT D CITY AND COUNTY OF HONOLULU (MEETING HELD HONOLULU. HAWAII r er Reference: I hereby certify that the foregoing RESOLUTION was adopted by AYE I NO AiE the COUNCIL OF THE CITY AND COUNTY OF HONOLULU on the o0oBCR-596 date and by the vote indicated to the right. -:-: Report No. FAWCEIT ATTEST: rvvASE =:: �KAHANU 425.8 � KIM II17ecpc. • 411 j. /., �r i.. MINK .■. R. OND K.PUA MAR- RNHORST -■� Resolution No. CITY CLERK CHAIR AND PRESIDING OFI ICER MORGADO NARVAES mig 86-238 i AUGC BORNHORST MEI' (Draft No. 2) Dated N 1 3 1986 e t \ Ja ; „„i,u ,., .I ie�;uwreo .0 ue drr,natea with • m recommendations of the mayor.” any one poi party at a special nonpartisan election to be ;e c. by amending Section 5-103(c) to read: held together With the primary election. The adoption of the n "(c) Create positions within the executive branch .1 proposal further provides that in the event no candidate 1_ provided by law, or abolish positions withi/he receives a majority of the votes cast, a second special election executive branch, but a monthly report o,:such shall be held together with the general election involving the 31 actions shall be made to the council." / two candidates who received the highest number of votes. 3. New Charter material is underscored**.Brac ,- ed Cher- i—ter material is repealed. When revising,g, s'•mpiling or r_ printing these Charter provisions for i %usion in the QUESTION NO. 4c g Revised Charter of Honolulu 1973 (1•x84 Edition), as amended, the Corporation Counsel (1.t not include the ��STALL THHE CITY CHARTER BE I:-, E 1DED T O ES ABLiSH A CONTINGENCY FU j D FGR THE brackets, the bracketed material or e underscoring. PROSECUTING Ai OORNEY?" ,f 4. That the City Clerk be and hereb, is directed to prepare the necessary ballots with the ./ estion contained in this YES + ,- resolution,and with spaces f "yes"or"no"votes on the NO + question, for presentation o the electors at the 1986 General Election.The Cit Clerk may make technical non- ' The adoption of this _._. i substantive changes the form of the question pre- p proposal will establish a contingency sented in order to c form it to the form of other Charter fund for the Prosecuting Attorney to be used for unanticipated qamendment ques ons presented to the electors at the expenses which arise during the fiscal year. same election. The text of RESOLUTION NO. 86-238 is reproduced as 5. That the City erk be and hereby is directed to publish the follows: above-prop.,.ed Charter amendment at length in a daily RESOLUTION NO. 86-238 newspap_, of general circulation in the City and County INITIATING AMENDMENTS TO ARTICLES VI AND VIII OF THE of Hon. ulu at least forty-five days prior to its submission REVISED CHARTER OF THE CITY AND COUNTY OF HONO- to the electors at the 1986 General Election. 6. Th. upon approval of the Charter amendment question LULU 1973, AS AMENDED, TO ALLOW THE PROSECUTING .:sed in this resolution by a majority of electors voting ATTORNEY TO HIRE AN EXECUTIVE ASSISTANT,TO PROVIDE THAT THE PROSECUTING ATTORNEY BE ELECTED ON A NON- , ereon, as duly certified, the Charter amendments pro PARTISAN BASIS, AND TO ESTABLISH A CONTINGENCY INGEiCY posed in this resolution shall take effect. I For purposes of this publication,new Charter material is in bold print. FUND FOR THE PROSECUTING ATTC ZNEY. WHEREAS,Article XV of the Revised Charter of the City and QUESTION NO. 4a County of Honolulu 1973,as amended Charter" r ("Charter"), for "SHALL THE CITY CHARTER BE AMENDED TO the procedure whereby the Council of the City and County of ALLOW THE PROSECUTING ATTORNEY TO HIRE A Honolulu may initiate,by resolution,amendments to said Char- CIVIL SERV,CE-EXEMPT EXECUTIVE ASSIST- ter; and ANT?" WHEREAS, the function of the Prosecuting Attorney to r initiate and pursue criminal prosecutions derives from one of YES + the most important and significant powers granted to the City — NO + I and County of Honolulu by the State of Hawaii; and WHEREAS, the Prosecuting Attorney is elected and reports The adoption of this proposal will allow the Prosecuting Attor- directly to the people of the City and County of Honolulu; and ney to hire an executive assistant who is not a civil service employee. WHEREAS, the Prosecuting Attorney should be able to exer- m._ a cise discretion and make judgments free of any partisan poiiti- QUE QUEST4ION cal pressure or influence; and WHEREAS, other elected officials are able to hire executive "SHALL THE CITY CHARTER 8E AMENDED TO assistants whose qualifications for theseositions are best ALLOW FOR THE ELECTION OF THE PROSECUT- determined by those officials rather than civil service rules and ING ATTORNEY ON A NONPARTISAN BASS?" regulations; and `N YES + WHEREAS, the Prosecuting Attorney is in need of readily NO + available funds for unanticipated expenses which arise during the fiscal year, necessitated by on-going investigations and 8 9 ` 0 prosecutions within the Office of th. ecuting Attorney; I expended by the prosecuting at ,at the prose- now, therefore, outing attorney's sole discretio 1 for the pur- BE IT RESOLVED by the Council of the City and County of poses stated herein. A contingency, as used in this Honolulu: paragraph, shall consist of any circumstance that requires the protection of or the prevention of any 1. That it propose and it is proposed that the following ques threat to the life of arty parson involved in the inves tions be placed on the 1986 General Election ballot: tigation and/or prosecution of any person ororgani- a. "Shall the City Charter be amended to allow the Prose- zation. The contingency fund shall also be used for outing Attorney to hire a civil service-exempt execu- the payment of expenses incurred in making avail- tive assistant?" able witnesses necessary to the prosecution of . b. "Shall the City Charter be amended to allow for the cases whose domicile is outside of the City and • election of the Prosecuting Attorney on a nonpartisan County of Honolulu.A report itemizing the expendi- basis?" tures made from this fund shall be filed with the c. "Shall the City Charter be amended to establish a council by the prosecuting attorney on a quarterly contingency fund for the Prosecuting Attorney?" basis." 2. That it propose and it is proposed that Articles VI and VIII 3. New Charter material is underscored".Bracketed Char- of the Charter be amended as follows: ter material is repealed. When revising, compiling or a. By amending Section 6-30?of the Charter by amend- printing these Charter provisions for inclusion in the ing subsection (c) to read as follows: Revised Charter of Honolulu 1973,as amended,the Cor- "(c) Position of deputies of the corporation counsel, poration Counsel need not include the brackets, the deputies of the prosecuting attorney [and], law bracketed material or the underscoring. clerks[.]and an executive assistant to the prose- 4. That the City Clerk be and hereby is directed to prepare cuting attorney." the necessary ballots with the questions contained in this b. By amending Section 8-102 of the Charter to read as resolution,and with spaces for"yes"or"no"votes on the follows: question, for presentation to the electors at the 1986 "Section 8-102. Election and Term of Office —The General Election.The City Clerk may make technical non- prosecuting attorney shall be elected by a nonpartisan substantive changes to the form of the question pre- speial election for a term of four years[which term]. sented in order to conform it to the form of other Charter The first such special election shall be held in con- amendment questions presented to the electors at the junction with the primary election of 1988, and same election. subsequent special elections for the prosecuting 5. That the City Clerk be and hereby is directed to publish the attorney shall by held at four-year intervals thereaf- above-proposed Charter amendments at length in a daily ter in conjunction with the primary elections for newspaper of general circulation in the City and County those years. The candidate receiving a majority of of Honolulu at least forty-five days prior tothe submission votes cast for the office of the prosecuting attorney of said amendments to the electors at the 1986 General • shall be deemed elected. In the event that no candi- Election. date receives a majority of the votes cast in the 6. That upon approval of the Charter amendment questions special election held in conjunction with the primary posed in this resolution by a majority of electors voting election, a second special election shall be eche thereon, as duly certified, the Charter amendments pro- duled to be held in conjunction with the general posed in this resolution shall take effect. election scheduled for the same year.The names of the two candidates receiving the highest number of "For purposes of this publication,new Charter material is in bold print. votes for the office of prosecuting attorney in the , preceding special election shall be placed on the . ballot for the second special election.The candidate receiving the highest number of votes at the special election held in conjunction with the general elec- tion shall be deemed elected. The term of office of • the prosecuting attorney shall commence at twelve • .-PN • o'clock meridian on the second day of January follow- ing the prosecuting attorney's election." c. By amending Article VIII of the Charter to read as p follows: ' "Section 8-108. Contingency Fund—The council shall provide in the annual operating budget for the • prosecuting attorney, a contingency fund to be L - -- - - – • -w � Ta �C0 L2N/T,Y�c O. � HA.�WA�1& jgy yiy G.ITZYS2 IXDi11'6k6i=Ce A'liMi's'ieMX./�i'lll'X§V.. %TYS1�a1'vt1011i4�13t[=Z HES!-.Dy H.CsW-4.11 9G920 • • HAWAII COUNTY CHARTER COMMISSION MESSAGE REPLY FChris• DATE _—_.— . -- TO . DATE ..— 10/25/89 — I spoke w/Bob this a.m. and he wanted me to P.S. Bob also asked me to check with i e� t V"`Es r–all i i.eT - ; eticid bring these items to your BttErIt107.] instead of � �'� •`� him; he's just getting settled at the other offic 3. must be discussed on that day. I think pie s considel:i 6 1L1h6L1.1--of- ti,if. . buu 1) On pg. 280 of minutes, spoke of someone might want to call him back re answer. reviewing pre i 1us Charter Minutes tor why . the words ""special funds" were included in Charter. Shall I check previous minutes on _ this? — CIRCLE FOLLOW-UP DATE AND FILE — 2) On pgs. 397-8 of minutes, there is a reminder MONTH JFMAMJJASOND that prosecutor wanted Charter amended and DAY 1 2 3 4 5 6 7 is supposed to get b�?ck to commission with 8 9 10 11 12 13 14 15 pp�� Fu are" _. 16 17 18 19 20 21 22 23 what limitations are re subpoenaeing. 24 25 26 27 28 29 30 31 Shall I draft ltr. to him re same for Bob's • __ , _-_ s igrlatU a-- Marie BY_ _ -- _ SIGNED — Item 8 N-R73©Wheeler Group Inc.,1982 • DETACH AND FILE FOR FOLLOW-UP "' -J T�pSf .�F Z O.Uv'i�° ' OF H AW A 1 HA JAII COUNTY CHARTER COiIMISSION . MESSAGE REPLY Bob Betyhea, Esq./Chairman Ei J ChairGtan I DATE ' % . ISL ;/- L, ... TO Cnr i8 ]L LiQZl 4 . -� _ 4 10/06/89 -?#-7,1,--4, 2.,0- - ____ DATE _.� —_w_ -. ._ �.. ..—.- ._ _ -. ,_...7._ Pg. in ),antes 1) I have a note re someone reviewing 4) Draft reminder to prosecutor re -. previous Charter minutes for why the what "limitations are (Pp. 397-8 words "special funds" were included in of minutes.-) - _ G� -- UST Charter. Shall 1 follow through w/this? i.- r , ems j` r si'2 il�L i3i7't"'W=r_ri'rG: .-'�3aTr.�--1cZZ1l ha/i i&tying 7 will get back to us re a) issues re U' a i ala aiyd----b) -as 335ing :iy-Fl fins. -- — —— (38611` Shall I draft a reminder letter to him re (3:1) thi3? --- __--- -- CIRCLE FOLLOW-UP DATE AND FILE _ _,3) Fire is supposed to get back to commission MONTH JFMAMJJASOND (i82 w =riEten info to pros/cons of having a DAY 1 2 3 4 5 6 7 I Ale" I fire commission. Shall I draft ltr. re th t? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 / - - 24 25 26 27 28 29 30 31 BY .. _ _ _ .. SIGNED -/�A,`, %G/ _,-``,2 141.1 - - , Item p N-R73 0 Wheeler Group Inc.,1982 DETACH AND FILE FOR FOLLOW-UP