HomeMy WebLinkAboutMIN CHC 1989-08-09 Minutes of
HAWAII COUNTY CHARTER COMMISSION
August 9 , 1989
I. CALL TO ORDER
Chairman Bethea called the meeting to order at
approximately 2: 06 p.m. at the Liquor Control
Conference Room, Hilo Lagoon Centre, 101 Aupuni ,
Hilo, Hawaii .
II. ROLL CALL
Members Robert E. Bethea, Chairman
Present: Sherwood Greenwell , Vice Chairman
Pamela F. Cushnie
Francine Duncan
David Fuertes
James O. Juvik
H. Peter L'Orange
Aileen Lum
Akira T. Omonaka
Patricia M. Poppe
Attorney: Christopher Yuen
Secretary:R. Marie Jacobs
Members Steven T. Nishikawa
Absent:
Others Jack Smoot Mark Spangler
Present: James K. Thomas Steve Yamashiro
Naomi M. Thomas Helene Hale
Sam Page Merle Lai
Bill Becker Susan J. Labrenz
Dave Smith Harry Boranian
Gordon Pang Jeff Choi
III. APPROVE MINUTES OF 07/20/89
The minutes were unanimously approved upon motion
made by Ms. Poppe and seconded by Mr. Greenwell.
467
IV. FINANCIAL REPORT
Financial reports were mailed to members for
review. The $5 , 000+ difference between Mr.
Omonaka' s and Ms. Jacobs ' figures was due to:
4 000 in salaries and $1 , 500 in an equipment
$
encumbrance not being posted as having been
expended. After these items were inserted into the
expenditures , the budget balanced with a total
amount of $14 , 706 . 28 having been expended for the
year ending 6/30/89 .
V. MAYOR' S OFFICE PRESENTATION
By Susan Labrenz
A. General Introduction. Labrenz: Extended
greetings to the commission and commented that
knowledgeable people who have worked with the
Charter are suggesting positive changes . Mentioned
that the Charter ' s present form "works. " Her
testimony was previously passed out to commission
members (Exhibit A hereto) .
B. Suggests the Commission review:
1 . Labrenz: Reaffirm and clarify that 1. Make clear
appointed department and agency heads may that appointees
assume their duties prior to confirmation by can assume
the County Council : They were "unofficially" duties before
sworn in by Mayor Akana in an "acting" capacity confirmation.
with this new administration but then had to
await Council confirmation before they could
"officially" perform their jobs (1 : 1 : 40) .
Cushnie: Questioned whether Ms . Labrenz wants
Corporation Counsel to assume his' duties
before he is confirmed (1: 1 : 37)
Labrenz : No, because Corporation Counsel serves
Council and administration (37) .' Cushnie:
Questioned whether outgoing and incoming
appointees should overlap; Labrenz: This did
happen (35) but it is not necessary.
2. Labrenz: Establish a time limit for 2. Set a time
confirmation by Council of department heads and limit for Council
those that are nominated to serve on boards and to confirm
commissions (37) . L'Orange: Suggested 60 appointees.
days . Yuen: Court gives authority to an
individual ' s actions even in an "acting"
468
capacity, which could be clarified in the
Charter (36) . Bethea: Could clarify that
appointees are permanent until rejected by
Council .
3 . Labrenz: Recognition that directors and 3. Make clear
first deputies of departments created by that appointees
Charter should not be subject to elimination not eliminated
because of any legislative action/inaction (33 ) due to legisla-
(i .e. Finance deputy) . tive action/
inaction.
4 . Labrenz: Clarify/confirm that adminis- 4. Make clear
tration has the right to (a) transfer funds administration
either within an agency or (b) via Council can transfer
resolution transfer funds from one agency to funds.
another agency (32) .
5 . Labrenz: Clarify the mayor ' s authority 5. Clarify
over certain departments and his right to mayor's authority
delegate that authority to the managing and right to
director (30) ; it ' s been said that organiza- pass it on to
tional/administrative matters belong to others.
managing director and policy matters belong to
the mayor.
6 . Labrenz: Deputy managing director should 6. Include DMD
be included in the Charter and should function under managing
under the managing director (28) . director.
7. Labrenz: Continue the existing deadlines 7. Retain exist-
for submission of annual budget (27) until or ing budget
unless there is a predictable source of deadlines.
revenues . If you decide to change the sub-
mission date, allow the mayor ' s office to amend
its budget afterMarch 1st rather than just vet)
it (25) ; noted that 10% of budget is uncertain
until after Legislature is over .
Greenwell : Suggested prioritized budget
with amounts for each project (24) which
projects could be fit in with amount received
from Legislature. Labrenz: Council ' s budget
decision-making wouldn' t follow administra-
tion' s budget choices (22) ; plus Council is a
policy setter, not a budget manager.
Labrenz: Council should be informed of
budget changes year round (18) ; if Council has
access to information year round, both Council
and administration can meet present deadlines.
469
8. Labrenz: Eliminate gender-specific terms De-gender
(17) . he Charter.
9. Labrenz: Include language for both 9. Include
improved geographical representation and gender board/commission
balance (15) on boards and commissions. language to
Cushnie: asked whether this meant just draw balance gender/
lines and not consider population; Labrenz: geographical
said yes (10) ; discussion continued. representation.
10. Labrenz : Continue the Planning l. Allown
P
Commission' s role in the decision-making s
process (6) . Commission to
continue
Labrenz : General plan needs to be decision-making.
reconciled with the Charter and the review
process needs to be made clear (4) .
11 . Labrenz: Increase the dollar limit on 11. Increase
non-advertised purchases (5) dollar limit on
non-advertised
C. Miscellaneous Questions/Comments: purchases.
1 . L'Orange: Questioned whether the Housing
director should be confirmed by the Council
(1 : 2:41) . Labrenz: Will send written material
later re Housing.
2. Juvik: Questioned qualification require-
ments for department heads in the Charter
(40) . Labrenz : Management and communication
skills are important .
3 . Bethea: Encouraged everyone to continue
sending in written comments re suggestions even
after they make a presentation (39) .
VI. WEST HAWAII COMMITTEE
By Jack Smoot
A. Introduction: Smoot: West Hawaii Committee
has been in operation since 1970 (37) and presently
has 23 members (29) . It ' s purpose is to make West
Hawaii a better place to live via the committee (see
Exhibit B) :
1 . Initiating, developing, researching,
fostering and promoting programs to meet civic
needs in the planning, economic development ,
health, recreation and education areas (36) .
470
2. Influence in a non-partisan fashion the
County, state, executive and legislative
branches to legislate for West Hawaii .
3 . Establish and maintain close relationships
with government officials , and civic and
service organizations to further the above.
4 . Island citizens that uphold the one-man,
one-vote interpretation of the U. S. Constitu-
tion (also indicated in Hawaii ' s Travis vs.
King, 1982 case) (35) .
B. Recommended Changes :
1 . Art. III , Sec. 2: Smoot: By-pass the 12. Establish
presently used distorted population data and .ermanent base
use updated census data to change district line for district
boundary lines (32) and establish a permanent division.
starting base line for district changes (30) .
Discussed boundary lines in detail and how the 13. Update dis-
districts would actually be divided (22-12) . trict boundaries
Juvik: Felt actual boundaries must be set by a per recent census.
reapportionment committee appointed by the
Charter (10) .
Smoot: The distorting factor about the
present system is that a person elected from a
district may not be the choice of the people in
that district. The districts also need to be
divided so as not to have more than 4- or - 5 to
10% from equal resident populations (31) .
Smoot : Reviewed seven alternatives for 14. Increase
the Council and administration to arrive at Council members.
their recommendations , whi-ch are presented to 13.
as alternatives A, B and C (on page 495 15. Retain at-
herein) (30) . large elections.
16. Change to
Smoot: Recommends having 9 single-member city manager with
districts with representatives serving 2-year ceremonial mayor.
terms; recruiting nationwide for professional
departmental and city managers (27) ; if this 17. Council
isn' t acceptable, he suggests alternates B or C reps serve t-
on page 5 of Exhibit B. year terms.
471
2 . Art . III , Sec. 3-3 : Smoot : Suggests if 18. Leaving dis-
you leave the district after elected or rict grounds
appointed , you must resign (2: 1:45) . ' or mandatory
resignation.
3 . Art . IV and V, Chp. 1 : Smoot: This would
be changed if the Charter were changed to a
city-manager-type government (45) .
4. Art . V, Sec. 5-3 .4 : Smoot: Suggests all 19. Board/
boards have residency requirements , board commission
members be appointed from each political ! embers have
district , and that matters be brought before residency
the board in layman' s terms (44) . requirements.
5 . Art . V, Secs. 5-4 . 2 and 5-4. 3 : Smoot: 20. Rename Plan-
Recommends that the Planning Commission be ning department;
divided into planning and zoning divisions with 21. Divide
4 members serving each and a Chairman be the department into
ninth member; that the department ' s name be zoning and plan-
changed to "Planning and Zoning Department" ning divisions,
(43) . with 9 members.
6. Art. V, Chp. 5 : Smoot: Eliminate the 22. Eliminate
Department of Research and Development and R&D.
letting the Planning and Zoning Department
handle those functions (43 ) .
7. Art. VI , Sec. 6-1. 1 : Smoot: De-gender 23. De-gender
the section (43) . the Charter.
8 . Art. VII , Sec. 7-2 . 2: Smoot : Recommends 24. Enlarge
expansion of the Police Commission to 9 Police Commis-
members. Recommends they have investigative sion to 9.
powers and funding to hire independent inves- 25. Give inves-
tigators (43 ) . tigative powers
9 . Art . X, Sec. 10-4 : Smoot: Change wording and cenComg to
to read publishments appears "in all general Police Commission.
circulation newspapers in the County" (42) . 26. Publish in
all local news-
10. Art. X, Sec. 10-13 : Smoot: Require that papers.
Council perform an audit of the Finance 27. Audit Finance
Director in case of his death, resignation or when director is
removal from office (42) . changed.
11 . Art . X, Sec. 10-14 : Smoot : Conform all 28. Conform
Charter language to read "in conformance with Charter language
State of Hawaii regulations" (42) . to state regula-
tions.
472
12. Art . XI : Smoot: Change the percentage 29. Change
necessary to begin the process of initiative to begin initia-
and referendum; institute a cut-off point tive/referendum.
(42) . But citizens should be allowed to
petition for changes whenever a need arises 30. Institute
(41) . signature cut-off
point.
13 . Art. XII , Chp. 2: Smoot: That a new 31. Add residency
12-2 . 2 residency requirement section be added requirements for
for elected, appointed and high-office persons
(41) . electees/appointees.
14. Art. XIII , Sec. 13-1 (f) : Smoot: Add a 32. Advertise
Section 13-1 (f) (11) for residency requirements nationwide for
(40) ; add a section calling for nationwide positions.
advertising to fill vacancies . L'Orange:
Questioned whether the County could afford to
advertise nationwide (39) .
15. Art. XIV, Sec. 14-5 : Smoot: Increase 33. Increase
Board of Ethics members from 5 to 9 and require Ethics members
that each member be a resident of a different to 9.
political district (40) . Bethea: Questioned
whether all commissions should have same number
of members (37) . Smoot: There is no logical
explanation for varying numbers of commission
members; but he feels boards/commissions should
represent entire island (36) . Omonaka:
Reason fewer board members were placed on
some boards/commissions is there is less
public interest.:
16. Art. XV, Sec. 15-3 : Smoot : Require the 34. Require pub-
Charter Commission to publish "not less than 45 lishing 45 days
days before any election at least once in all before any
daily newspapers of general circulation within election.
the County" (39) ; wording should be that a Yes
vote is For and a No vote is Against to make
clear to residents .
C. General Comments
1. Cushnie: Questioned whether Council
members abstaining from voting on crucial
matters should be an issue (28) ; Smoot:
Single-member districts with shorter terms of
service might make a difference (28) .
473
VII . POLICE COMMISSION
By Jeff Choi
A. Introduction: Choi : Paraphrased his written
presentation (see Exhibit C) .
B. Comments/Suggestions:
1. Choi : Charter says Police Commission
shall not interfere with administrative affairs
of the Police Department (2: 1 : 25) .
2. Choi : Public appearing before the
commission expect it to have more investiga-
tive authority re complaints (23) . Police
themselves respect commission (11) .
a) Choi: Public expects Police
Commission to serve as a watchdog over
Police Department .
2. Choi: Charter only mentions two duties of
Police Commission:
a) Choi : Hire and fire Chief (25) ;
b) Choi : Confirming body in appointment
and removal of deputy police chief (24) .
3 . Omonaka: Chief Vierra suggested pattern-
ing our Police Commission after Honolulu' s
(19) .
4. Choi : Questioned from whence Police
Commission would receive funds to hire an
investigator (19) because funds are not in
Police' s budget (18) . Bethea: After
commission were given authority in the Charter ,
being included in the budget process would
naturally follow (18) ; he questions whether
Charter would have authority to include funding
(17) .
5. Juvik: Asked whether Police Commission
should have any part of forming policies or
budget approval (15) ; Choi: Commission should 35. Police
have input re budget , but no policy formulation Commission should
(14) . L'Orange: Commission should have no have budget input.
budget input either (9) . Omonaka: Chief is
the one who sets budget priorities (7) .
474
a) Choi: When police and residents have
complaints , the commission should be able
to step in and discuss policy issues or
mediate wrongdoing (5) .
6 . Bethea: Chief Vierra ' s suggestions will
be mailed to Mr. Choi and Police Commission for
review and comment (16) .
VIII . HARRY BORANIAN
A. Introduction: Boranian: Ex-Civil Service
Director for Hawaii County but with extensive other
experience; now retired (2: 2 :42) (see Exhibit D) .
B. Form of Government:
1. Boranian: Recommends that unless total 36. Offervoters
form of government is changed, keep changes to separate items
a minimum (41) ; don' t offer voters a "package" to vote on.
to vote on, but separate items (40) .
2. Boranian: Recommends retaining the 37. Retain
strong-mayor form of government (39) because it strong-mayor
is more sensitive to the needs of the voters . system.
You cannot vote a city manager out (37) .
3 . Boranian: Should make elections non-
partisan (31) .
4. Boranian: Says the civil service work
force is as good as its leadership (9-6) ; often
management does not plan.
Commissions
1 . Salary Commission: Boranian: This 38. Have Salary
commission sets salaries for Council ; Commission set
commission members appointed by mayor (37) . He elected offi-
feels Salary Commission should set salaries of cial's salaries.
all elected officials (i . e. mayor , council and
prosecuting attorney) .
a) Boranian: Collective bargaining
raises the percentage of salaries
annually; when civil service employees
receive raises , so do executives (36)
(i . e. the mayor) ; to avoid executives
receiving percentage raises along with
475
civil service employees , you need to have
the Salary Commission set elected-position
salaries (34) . Draft of language change
is attached . (pages 515-16) .
b) Boranian: Salary Commission sends to
mayor recommendations on salary amounts
for mayor , prosecutor and department heads
(21) ; mayor could accept or change the
amounts before it went to Council for
approval .
c) Juvik: Questioned if it were
possible for the Salary Commission to meet
before each election and to set salaries
for elected officials for the duration of
their terms (12) ; Boranian: Answered they
could handle however they liked (10) .
d) Boranian: There' s no set time when
the Salary Commission convenes (11) ; the
Civil Service director or the mayor can
instruct them to meet.
2. Boranian: Difficult to have the same
number of commissioners on each commission
because some commissions are under state
statute (29) .
3 . Police Commission: Boranian: 39. Clarify
Commission' s duties should be clear (25) . duties of
Police
IX. STEVE YAMASHIRO Commission.
A. Charter
1 . Yamashiro: Feels Council is authorized by
Charter to set policy (3 : 1:45) , which involves
approving the budget and setting levels of
expenditures for different programs.
a) Yamashiro: These provisions are 40. Decide role
"blurred" and need to be clarified (45) ; of Council in
need to decide role of Council (40) re budget and then
budget items. clarify.
b) Yamashiro: Feels Council should set
policy via deciding whether more police/
fire stations are needed for the County' s
476
safety (41) ; or to establish a 911 system,
etc.
c) Bethea: Opinion is that controlling
the budget works hand-in-hand with setting
policy (38) , except the type of "transfer"
to be permitted should be defined (36) .
d) Yamashiro: Need interpretation of 41. Define
"transfer" and what constitutes an "transfer" and
"appropriation" (24) ; you need to define "appropriation."
what the basic expenditure policy is (23) .
2. Yamashiro: Council functions and is
available 12 months of the year (34) to speak
with.
3 . Juvik: Questioned whether Yamashiro would
prefer going to a city manager type of govern-
ment and was assured that changing the form of
government would remove some political
in-fighting (8) .
4 . Yamashiro: Feels the Charter is working
but there is a problem with interpreting some
areas of the Charter (5) . Suggests making the
Corporation Counsel be able to be fired by
either administration or Council .
5. Bethea: Mayor runs "line" departments;
asked whether Yamashiro thought Council should
approve mayor ' s choice of those running line
departments (3 : 2:40) ; others had previously
suggested that the mayor be able to appoint 42. Retain
"line" department heads without Council ' s Council confirm-
approval . Yamashiro: Prefers confirming them ing all depart-
(39) .
epart-
(39) . ment heads.
6 . Yamashiro: Said further division of
single-member districts would be difficult
(3 : 2: 38) . Right now all citizens can vote for
all Council members .
7. Juvik: Yamashiro has nothing against
non-partisan elections (3 : 2: 37) .
B. Budget
1 . Yamashiro: If the Charter intends the
477
executive branch to transfer monies without
restriction, fine; but then don' t saddle
Council with adopting a budget (3 : 1 :44) .
2. Yamashiro: Says that if money is appro-
priated to an auto account to buy one auto, a
department may transfer more money to the
account and buy more than one auto (3 : 1:44) .
Does not challenge transferring money;
challenges transfer of money to spend over the
appropriation given (39) .
3 . Bethea: Labrenz mentioned Council should
be informed of budgetary items throughout year;
if that were done, they would have time to
review the budget properly (3 : 1 :42) .
4. Yamashiro: When budget is approved and
then departments transfer money, there is no
sunshine law to require that anyone see the
amount of those transfers or where they go
(3 : 1:40) .
5. Yamashiro: "Misc. Contractual Services"
account has been used in the past by the admin-
istration to cover a multitude of sins
(3 : 1 :36) .
6. Bethea: Charter should clarify whether
transfer is done by resolution (Council
approves) or ordinance (3 : 1 : 27) . Yamashiro:
Re resolution, importance is the number of
readings a change goes through (27) .
7. Yamashiro: If you consolidated all the
small accounts (i . e. subscriptions; fuel oil;
lubricants) , you' d find large amount of money
available for transfer (3 : 1: 22) . So
departments are transferring "$100" or less out
of many accounts which adds up. (21) .
8 . Yamashiro: If department wants to 43. Require
increase a budget by more than 10%, Council transfers of 1070
should approve it (3 : 1: 20) . or more to go
for Council
9 . Bethea: Two-thirds vote of Counci-1 can approval.
change capital budget after it is adopted
(3 : 1: 14) . Mayor has to initiate changes in the
operating budget.
478
10. Yuen: Questioned whether Mr. Yamashiro ;would
recommend a clause that 8O% of the funds in• the account
should be expended before more monies can be
transferred to it (3 : 1 : 10) .
11. L'Orange: Upon asking Yamashiro whether
there is a discretionary fund, he was assured
there wasn' t (3 : 2:42) .
C. Salary Ordinance
1. Yamashiro: Salary Ordinance used to
provide for a position count. Now those
positions under civil service do not appear in
the salary ordinance (3 : 1: 43) ; so Council is
unaware of how many people are being hired ,
whether reallocations are made (43) .
2. Bethea: Questioned whether the Salary
Ordinance could require a body count ( (3 : 1 :31) ;
Yamashiro: Said Administration takes the
position they would not have to abide by a body
count (30) if the Charter says the County can
have "positions as otherwise provided for"
(29) . Those other positions are in the Civil
Service ordinance; and these positions need not
be addressed (29) .
X. MARK SPANGLER
A. Introduction. Spangler: He is spokesperson
for the County Charter Educational Forum organized
by the Republican Party (see Exhibit E) (3 : 2: 33 ) as
a community service; have met islandwide the past
few months. Assured everyone that the Republican
Party hasn' t taken any position yet with regard to
possible Charter changes (32) . Ninety-two
questionnaires were completed by attendees with
percentages shown (Exhibit F) .
B. See Questionnaire Percentages
1. Spangler: Some questions elicited strong
debates on either side (3 : 2: 28) .
2. Spangler: Recommends that Charter 44. Charter
Commission hold meetings in all outlying Commission should
locations (25) and was assured by Mr. Greenwell hold meetings all
that the commission is required to hold island areas.
meetings in the various area (24) .
479
3 . Spangler: Other comments made by
residents that are not included in the
questionnaire:
{
a) Have another Charter review before 45. Have another
another 10 years (23) . Charter review
before 10 yrs.
b) City manager type of government lends 46. Have city
itself more to non-partisan elections (23 ) . manager.
c) Recommends electing Council members 47. Elect
every 2 years. Council for 2
year terms.
d) Keep language plain when putting
possible changes on ballot .
e) Define residency requirements for 48. Define
Council members (21) . Council's resi-
dency require-
XI . GENERAL ITEMS of ents.
A. Schedule: Bethea: A schedule is presently
being worked on. Greenwell : Supposed to go into
the community and find out first what resident ideas
are; then make public hearings later (18) . Bethea:
Wants all meetings working sessions. Yuen: Has to
be a commission quorum at public meetings (14) .
B. Agenda for 8/24 meeting: Jacobs : Schedule not
full yet , but will be if Mr. Matayoshi makes
presentation (11) .
XII . ADJOURNMENT
The meeting was adjourned at approximately 6:45
p.m. All were in favor.
Respectfully submitted,
441Q. J;L" ../
R. Marie Jaco s
Secretary
480
MANAGING DIRECTOR 'S REMARKS
ADMINISTRATION 'S PRESENTATION TO THE CHARTER COMMISSION
WEDNESDAY, AUGUST 9, 1989, 2 P.M.
LIQUOR CONTROL CONFERENCE ROOM , HILO LAGOON , HILO , HAWAII
Aloha : . . It is a pleasure for me to join you this
afternoon , and I thank you for giving the Administration this
opportunity to present comments and recommendations relative to
the Hawaii County Charter review process .
I believe it was the great football coach and innovator
Clark Shaughnessy who once said, "Football is a perfect game ;
its only weakness is the fact that it is played by human
beings : " We all recognize that government , by its very nature ,
can never be perfect. The Administration , however , believes
the basic structure of Hawaii County government is one that
serves the people of our community exceptionally well .
We are grateful to those who developed , within our state
and nation , a republican form of government based upon
democratic principles ; one thatrecognizes the necessity of
shared power and responsibility .
We are equally grateful to Hawaii County charter review
commissions of the past 25 years or so. Although their
memberships have painstakingly reviewed many alternate forms of
municipal government , we commend them for creating and
validating a structure that maximizes accountability and
provides an all-important system of checks and balances . The
Administration believes these two concepts--accountability and
EXHIBIT A 481
11 Pages
an effective system of checks and balances--constitute the most
vital elements of the Hawaii County Charter , and can best be
realized through a distinct separation of executive and
legislative authority .
Clearly , it is the charge of this Charter Review
Commission to safeguard and enhance that structure ; to ensure
that ours will be a government of laws , rather than of men--or
women. The fundamental weakness or strength of this structure
will always be the performance of imperfect
individuals--primarily those who are most directly accountable
to and elected by the voting public . While this commission
must necessarily be aware of differences , limitations and
potential abuses of those within either branch of our
government , the structure itself must be designed or modified
irrespective of the specific individuals involved. The key
"players" presiding over both branches of government should be
those chosen directly by our citizens through the election
process . Perhaps only in this way can accountability , checks
and balances , and the independent action of each respective
branch of government be reasonably assured .
We should note that the Hawaii County Charter is not
merely a mission statement or an historical document . It is a
"tool" that enables County officers and employees to fulfill
that mission and respond to any anticipated or unforseen set of
circumstances . It is something our agency heads and
professional staff consult , more or less , on a daily basis .
482
-2-
Those with the greatest knowledge of how the Charter impacts
upon day-to-day operations have previously come before you .
The Administration essentially agrees with the recommendations
and suggestions that our department and agency heads have
offered during recent weeks and months . We sincerely hope you
will give these comments and proposed amendments your fullest
consideration.
Through the years , we note that there have been
surprisingly few substantive challenges to the provisions of
our County Charter. We believe , however, the commission should
particularly address the following :
1 . Reaffirmation that appointed department . and agency heads
may assume their duties prior to confirmation by the County
Council.
2. Establishment of a time limit relating to confirmation .
3. Recognition that directors and first deputies of
departments created by the Charter are an integral part of the•
structure of the Executive Branch and should not be subject to
elimination through the action or inaction of the Legislative
Branch.
483
-3-
4. Reaffirmation of the Administration ' s right to transfer
funds , as necessary , within an administrative agency or from
one administrative agency to another .
5. Clarification as to the Mayor ' s direct authority over
certain departments and right to delegate such authority to the
Managing Director.
6. Continuation of the existing deadlines for annual budget
submission.
7. Elimination of gender-specific terms and phrases within
the Charter.
8. Inclusion of a statement requiring the Administration to
consider and strive towards improved geographical
representation and a representative gender balance in
finalizing appointments to boards and commissions .
9. Continuation of the Planning Commission ' s existing role i'n
the decision-making process .
10. Increasing the dollar limit on non-advertised purchases .
484
-4-
You will realize that we have not proposed specific
Charter language for these items . Since this is the initial
meeting involving the Charter Review Commission and the Mayor ' s
Office , it is our desire to raise these matters for your
information, consideration and for the sake of continuing
discussion. Like the commission , the Administration has
maintained an open mind and a flexibility towards issues that
have been presented during this phase of the process . We have
given each of our department and agency heads , independently ,
the opportunity to apprise you of their separate and individual
concerns . With the preliminary phase now drawing to a close ,
we will likewise evaluate these proposals as they affect us
collectively . In so doing , provided it is the desire of the
commission , we shall offer precise amendments with specific
wording and , of course , assist your discussions and
deliberations in any other way whatsoever.
To supplement the information you have previously
received , attached are organizational charts and functional
statements relating to the Office of the Mayor and. its assigne.d
personnel.
Again , thank you for this opportunity for comment . Please .
let me know if I may respond to your questions about this or
any other material . Mahalo :
485
-5-
•
•
CO
CHART I ATTACHMENT A
Office of the Mayor
Mayor A-21
200101
•1
Private Secretary to the Managing Director A-19 County Physicians
Mayor SR-24 Z0002
Chart II
HC1747
•
Safety Coordinator West Hawaii Coordinator
(submitted separately) EM-1 HCO262 (unfunded)
•
Private Secretaryto the
Deputy Managing
Managing Director Director A-17
SR-20 HC1943
20003
Senior Clerk SR-10
HC2693
MAYOR'S OFFICE STAFF
Immigration Info. Administrative Administrative Administrative Aide Senior Clerk- Senior Clerk-
Specialist SR-15 Aide SR-24 Aide SR-24 and AAO SR-24 Typist SR-10 Steno SR-11
L0004 HC2444 HC3323 HC3067 HC2165 HC2502
Clerical Services Center
Chart III
CHART II ATTACHMENT A-1
County Physicians
County Physician (1/2 T)
A-17
Z0004 '
f f
Assistant County Assistant County
Physician (1/2T) Physician (1/4T)
A-16 20005 A-16 20006
oo
cc
co
CHART III ATTACHMENT A-2
Clerical Services Center
Clerical Supervisor SR-12
HC1921
Clerk-Steno Clerk-Typist Clerk-Typist Clerk-Typist
SR-9 SR-8 SR-8 SR-8
HC2508 HC2208 HC2359 HC1905
ATTACHMENT B
OFFICE OF THE MAYOR
COUNTY OF HAWAII
MAJOR FUNCTIONS
MAYOR
To serve as the chief executive officer of the County, and to
exercise the full range of executive powers enumerated by the
County Charter .
To provide leadership, guidance, and administrative
coordination and support for all executive agencies of the
County.
To provide direct supervision and control over the Office of
the Corporation Counsel , Department of Finance, Planning
Department, Department of Research and Development, Office of
the Safety Coordinator, the Mass Transportation Agency, the
Office of the Mayor and other agencies that may be enumerated
by law.
To supervise and control , through the Managing Director, the
Department of Public Works, Department of Parks and Recreation,
Fire Department and other agencies that may be enumerated by
law.
To provide general- supervision and control over the Department
of Civil Service, Police Department, Department of Liquor
Control , Department of Water Supply, Department of Housing and
Community Development, and other agencies that may be
enumerated by law.
To provide supervision for the Department of Civil Defense,
Office of Aging, Hawaii Redevelopment Agency and other agencies
that may be enumerated by law.
To establish and supervise boards and commission and advisory
commissions, in accordance with the County Charter and other
applicable laws.
To review and ensure the execution of County contracts and
other signed instruments.
To serve as the primary representative of County government
and/or its executive branch , and to ensure and facilitate
communication between the County, the public and other branches
and levels of government.
489
To develop and submit operating budgets, operating programs,
capital budgets, capital programs and pay plans to the County
Council .
To approve, veto, ensure the execution of or otherwise act upon
ordinances passed by the County Council .
To enforce the provisions of the County Charter, the ordinances
of the County and all applicable laws.
To take other actions permissible under law to ensure, the
successful operation of the County of Hawaii and further the
best interests of the public.
MANAGING DIRECTOR
To assist the Mayor in performing all functions described
above, and to serve as the Mayor ' s principal management aide.
To fully or partially assume the responsibilities of the Mayor
during the temporary absence or disability of the Mayor .
To initiate reports, investigations or prescribe standards of
administrative practice and supervise the administrative
functioning of the Department of Public Works, Department of
Parks and Recreation, Fire Department and other agencies that
may be enumerated by law or designated by request of the Mayor .
To perform all other duties required by the County Charter or
assigned by the Mayor .
DEPUTY MANAGING DIRECTOR
To serve as the principle management aide to the Managing
Director.
To prepare reports, initiate special projects, conduct
investigations and perform other administrative duties at the
request of the Mayor or Managing Director .
To operate as the County' s primary on-site administrator and
Mayor ' s Office representative in the West Hawaii area, and to
advise the Mayor, Managing Director and executive agencies on
matters of particular interest within that area .
MAYOR' S OFFICE STAFF
To advise and assist the Mayor and Managing Director in
performing the functions previously described.
To provide administrative technical , secretarial and clerical
support for all operations within the Mayor ' s Office.
490
-2-
To monitor and assist in the preparation of programs and
policies established by the Mayor and Managing Director , and to
communicate such matters to the public, other branches and
levels of government, and all executive agencies.
To provide and implement a responsive program of public
information, complaint-resolution and referral , including media
relations and immigration information services.
To ensure County compliance with various laws, rules and
regulations, including those relating to affirmative action,
equal employment opportunity and accessibility for disabled
persons.
To perform other duties at the request of the Mayor or Managing
Director .
SAFETY COORDINATOR
(Submitted separately)
COUNTY PHYSICIANS
To advise on medical matters, render medical opinions and
conduct physical examinations as requested by the Mayor ' s
Office or other agencies of the County.
CLERICAL SERVICES CENTER
To provide secretarial and clerical support to the Office of
the Mayor and periodic staff assistance to various other
agencies of the County.
To assist Mayor ' s Office personnel in conducting and
maintaining public information, complaint-resolution and
referral processes.
491
-3-
wh:
Kohala
*041 WEST HAWAII COMMITTEE
Kona °` z =° - POST OFFICE BOX 5066 / KAILUA-KONA, HAWAII 96745
'""gy p t„
Ka'u July 29, 1989
Charter Commission of Hawaii County
101 Aupuni Street, Suite 235
Hilo Lagoon Centre
Hilo, Hawaii , 96720
Attention:Robert E. Bethea,
Chairperson
Thank you for your July 26 confirmation of our scheduled
appearance before your commission.
We will be discussing and have recommendations on the following:
Article III , Section 3-2
Section 3-3
Articles IV and V
Article V Section 5-3.4
Section 5-4. 2
Article V Chapter 5
Article VI -1 . 1
Article VII-Section 7-2. 2
Article X Section 10-4
Section 10-13
Section 10-14
Article XI
Article XII Chapter 2
Article XIII Section 13-1
Article XIV Section 14-5
Article XV Section 15-3
We will have both printed materials and slide presentations to
make at the meeting.
We look forward to the opportunity to start the process of public
imput into your Commission records and fully realize the importance
of your Commission for the well being of our entire County.
Ve truly o s,
J.R. Smoo
st Hawaii Committee
Chairman Ad Hoc Committee
County Charter Review
492 EXHIBIT B
11 Pages
•
WEST HAWAII COMMITTEE
COUNTY CHARTER REVIEW RECOMMENDATIONS
AUGUST 9, 1989
The West Hawaii Committee has functioned continuously since 1970. Their
basic purpose is to help make West Hawaii a better place in which to live
by active participation in civic affairs. Specific purposes include, but
are not limited to the following:
A. To initiate,develope, research, foster and and promote
programs to meet various civic needs in the fields of
planning, economic developement, health, recreation and
education.
B. To vigorously influence, in, a non-partisan fashion, the
County ( and State, when required) executive and legislative
• governmental branches to govern and legislate for West
Hawaii as perfectly as can resonably be expected.
C. To establish and maintain close relationships with
government officials,_ _civic organizations and_service
organizations to further the above.
For those not familiar with West Hawaii Committee, a close analogy, to its'
functionings might be the Commonwealth Club of San Francisco, the Foreign
Affairs Council of New York City, or, closer to size, the round table in
front of many coffee shops in small Mid-Western towns.
Our membership comes from diverse backgrounds but have one trait in common:
they are or have been successful in their chosen fields. They have learned
to examine problems from several different perpectives and arrive at a
mutually agreeable position. That is the process followed in preparing the
testimony we are pleased to present to you today.
In preparing our testimony to this commission, we wish to call attention to
thoserights apparently spelled out in the United States Supreme Court
interpretations of the U.S. Constitution commonly referred to as " one man -
one vote"representation and further refined by the State of Hawaii in
Travis-vs-King, 1982 .
493
Our recommendations are:
ARTICLE 3 Section 3-2 now reads in part: "There shall be a County Council
composed of nine members who shall be elected at-large for
terms of four years. " "Of the nine members elected to the
County Council, one shall be a resident of the district of
Puna, one a resident of the district of Kau, one a resident
of the combined districts of North and South Kona, one a
resident of the combined districts of North and South Kohala,
one resident of Hamakua and one a resident of the combined
districts of North and South Hilo. "
The following are 1987 population estimates per traditional
Districts from the 1988 Hawaii State Data Book as represented
in Section 3-2 above:
DISTRICT EST.POP. OVER UNDER
REPRESENTED REPRESENTED
Kau 4700 8011
N. Kohala 3600
S. Kohala 7100 911
N. Kona 20500
S. Kona 7300 15089
Hamakua 5300 7411
North Hilo 1500
South Hilo 45300/ 34089
Puna 19000 6289
TOTALS 114400 divided by 9 = 12711
Taking into consideration that populations ebb, flow and shift constantly i
and reminding the Commission of testimony they heard from Professor Jon Van
Dyke, University of Hawaii Professor of Constitutional Law on February 15,
1989, in part and referring to At-Large elected members "What we call this
is a multi-member system in the sense that all nine are elected by the At-
Large system. That can be constitutional. It is used in a number of
situations. But it does have the potentiality of being unconstitutional. "-
"If the result of an at-large or muti-member approach is to exclude certain
distinct racial groups or other identifiable political groupings, the U.S.
Supreme Court has had a lot of litigation, particularly in the South where
black people view at-large election processes as discriminating against
Othem. "
"And the other way it can be distorting is that the person elected from a
district may not be , in fact, the choice of the people in that district"
- I
Discussing single district representation "the advantage is that those
494
people can then fight for the infrastructure that they need and get a share
of the pie that people in that area actually need in relation to population
size. "
Further, he pointed out that political districts must be divided to have no
more than plus or minus 5%-10% from equal resident populations. In Travis -
vs King, it was ruled that State of Hawaii House deviations of 16.2% and
State Senate deviations of 43 . 18% was unconstitutional.
West Hawaii Committee members reviewed seven variations to arrive at our
recommendation- as follows:
1. Divide County into nine equally populated, contiguous,
compact political divisions. Each with like socio-economic
interests. .
2. Divide into six equally populated districts as above with
three more Council Members elected at-large.
3 . Divide into seven single member districts, meet all other
criteria with two more elected at-large.
4 . Retain traditional geographic districts, but elect multiple
members, as required to conform to Travis, vs King
instructions, as we understand them. -
5. Increase the number on the Council to eleven or thirteen to
have smaller constituent bases and more members available.
for committee assignments.
6. Retain at-large elections as now.
7. /Change to a professional County Manager government and
have nine single member district council members who will
appoint one of their own as " Mayor" for ceremonial
• purposes.
In our studies, one common factor emerged as being required whenever
Political vs. traditional geographic districts was considered. That factor
was.. the need to establish a base line that would be a permanent starting
point whenever data from the Federal Census dictates changing District
Boundry lines to conform with Federal and State election requirements. This
line of demarcation could be established anyplace on the Island, but once
established, would not be changed.
This starting line could be established anyplace on the Island, but it
seems to us that the Federal Census tracts used in 1980 did a creditable
job of dividing the Island into manageable districts that would meet the
apparent Travis vs. King Socio-economic guidelines and one of the
boundaries of their districts might be used as the starting point. Another
suggestion would be to draw a line through the County Building to the
juncture of Mouhouli Street and Kilauea St. Bisect Mouhouli mauka to
juncture Mouhouli St and Kamohana Rd. . Then a straight line Compass Heading
24-0 degrees to the County Geographic Center, . Puukulua. Once establishedthe
starting line would not change and political districts could be equitably
drawn moving either clockwise or counterclockwise in almost pieshaped
segments. This reapportionment would take place every ten years when
Federal Census Data became available.
495
AllOt•
her factors which must be considered under Travis vs. King page 557
footnotes as follows " (2) Except in Districts encompassing more than one
Island, districts shall be contiguous. (3) Insofar as practicable, districts
shall be compact. (4) Where possible, districts lines shall follow permanent
and easily recognized features such as streets, streams or clear geograhic
features, and when practical shall coincide with census tract boundaries.
(6) Where practicable, submergance of an area in a larger; district wherein
substantial socio-economic differences exist shall be avoided.
.Our membership, after much deliberation, recommends:
A.Change the County political structure to a Council,
Professional County Manager system which would:
1.Have nine single member Council Districts,each of
which would nominate and elect a Council Representative
for a term of TWO years.
2.The Council would recruit Nation-wide for a highly
professional County Manager to oversee day to day
operations.
3 .The County Manager would recruit Nation-wide and hire
( and fire) professional department heads who would report
to him and only through him to the Council.
4.The Council will select from among themselves a member
to act as Mayor for ceremonial purposes and who will
Chair the Council.
Alternate B Change to nine single member Council Districts, each of
which nominate and elect a single Council Representative
for a TWO year term. Retain an elected Mayor but alter
Department Head appointment practices by having the
Council search Nation-wide for the best qualified talent
available.
Alternate C. Change to seven single member districts with two.
additional at-large elected members. The At-Large member
with the largest plurality would act as Mayor and Chair
the Council.
Since, as we understand it, both the laws of the United States and the
State of Hawaii mandate reapportionment based on Federal Census Data, we
checked and found that, in fact, the 1980 Census Tracts do a creditable job
of dividing the entire County into 21 subdivided areas with common socio-
economic interests. Utilizing these tracts and arithmetically projecting
growth (or decline) of each to reflect 1988 population estimates, we
suggest the following nine single member Political Districts:
1988 Population Estimate 114400/9 = 12700 Norm
Combine Census Tracts # 1988 Est. Pop. - Total Deviation
Combine 219 3397
220 1903
221 1500
201 5639 12439 -2. 1%
Combine 202 1874
203 4601
204 4291
Partial 205 1934 12700
Combine Partial 205 4146
206 3969
Partial 207 4585 12700
Combine Partial 207 3659
496 208 7522
Partial 209 1519 12700
•Combine Partial 209 1555
210 11408 12963 +2 . 1%
Combine 211 7593
212 4700
Partial 213 400 12693
Combine Partial 213 6900
214 2997
Partial 216 2803 12700
•Combine Partial 216 5002
Partial 215 7698 12700
Combine Partial 215 1910
217 7100
218 3600 12610 - .8%
A seven District (norm 16343) breaks with slightly more deviation, but well
within legal guidelines as follows:
Combine 219 3397
220 1903
221 150.0
201 5639
202 1874
Partial 203 2029 - 16343
Combine Partial 203 2572
204 4291
205 6080
206 3969 16912 + 3 .48%
Combine 207 8244
208 7522 15766 - 3 .5%
Combine 209 3074
210 11408
Partial 211 1861 16343
Combine Partial 211 5732
212 4700
Partial 213 5911 16343
Combine Partial 213 1389
214 2997
216 7814
Partial 215 4143 16343
Combine Partial 215 5545
217 7100
218 3600 16245 - .5%
Work sheets on the above data are available upon request.
Further recommendations:
Article 3 Section 3-3 in part"where residency in a district
is a requirement, etc. we recommend adding a sentence that
states :Removal of residency from the district shall require
immediate resignation from the elected or appointed position.
ARTICLE IV and V Chapter 1 would, of necessity, be totally changed
should a strong Mayor structure be replaced, as we recommend,
by a single member council- professional manager form of County
government.
ARTICLE V Section 5-3 .4 Pension Board AND ALL OTHER BOARDS as described
in the Charter vary in make-up of from 5 to 9 members. Some
have residency requirements, others do not. Unless controlled
by State Law,, and in keeping with the one man one vote
representation, as we understand it, it is our recommendation:
• 1. All Boards have residency requirements. 497
2 . All Boards be appointed from each of the Political
Districts to reflect the varying socio-economic regions
in our geographically large County.
3 . Although it. may seem wise to have Boards filled with
experts in the subject of the Board, in practice, this
may lead to Board decisions not always in the interest
of the County as a whole. Rather, we suggest that any
• matter brought before the Board be presented in such
a way that citizens of average intelligence will
understand the presentation.
Section 5-4.2 Planning Department and 5-4.3 Planning Commission
1.We recommend that the Department and Commission be
divided in fact to reflect their two distinct missions-
Planning and Zoning.Further, that the Commission be
divided into two segments, four members in Planning,
four members in zoning and the ninth member be Chairman
of the Planning and Zoning Commission. Further that the
Department name be changed to "Planning and Zoning De-
partment"
ARTICLE V Chapter 5: Department of Research and Development:We
recommend that this department be eliminated as a
separate entity and its' functions be placed under the
Planning and Zoning Director so as to be able to predict
in advance what developments are likely to occur that
will require county attention to infra-structure needs.
ARTICLE VI Section 6-1.1 This section and ALL SECTIONS in the Charter
-
that are gender specific should be de-gendered.
ARTICLE VII Section 7-2 .2 Police Commission should be one of the most
important commissions. It currently does not seem to be
so structured. We recommend expansion of this commission
• to nine members, one from each political subdivision.
Further, we ask that the- Police Commission be charged
with investigating any alledged wrongdoing within the
Police Department and that they have funding available
to hire independant investigators outside of the regu-
lar department to conduct investigations in a non-
prejudiced environment.
ARTICLE IX No recommendations.
ARTICLE X Section 10-4 now reads in part: " the county council shall
publish in a newsapaper of general circulation in the
county" . We recommend that this be changed to read "all
newspapers of general circulation in the county" If it
costs a little more, at least you will not deprive some
of your citizens of such notices.
Section 10-13 in part" In case of death, resignation or removal
of the Director of Finance, the council MAY cause an
audit to be made. Our recommendation: change the word
"may" to- "SHALL" .
Section 10-14 should be changed to read " in conformance with
- State of Hawaii regulations so that the Charter can be
in line whenever State rules are changed.
•ARTICLE XI Initiative and Referendum. Our membership thought long and hard
about this important citizen right including a change in the
498 percentage necessary to initiate the process. Also, the possi-
bility that there should be some point in time when Initiative
and Referendum should be cut off.
Our recommendations are:
1. In order to discourage frivolous use of this right,
Section 11-3 should be changed from°15% of qualified
• voters who voted in the County for the office of
Mayor in the last general election" to read "twenty
percent of qualified registered voters. " This will
eliminate a confusing and unpredictable qualification
2. There should be no point in time when citizens can
not petition to change something with which they have
serious disagreement.
ARTICLE XIIChapter 2- West Hawaii Committee recommends that a new Section
12-2.2 be added to the charter regarding residency requirements
of all elected, appointed and hired persons as follows:
1. Should any elected official or appointee from a
specific political district remove their residency
from that district, they shall immediately submit
their resignation. Or, failure to do so within six-
ty days of such removal shall be cause for removal
from office.
2. In the case offull time hired employees from outside
the County, they must establish a primary residence
within the County within ninety days of hire. Failure
to do so shall be cause for discharge.
ARTICLE XIIISection 13-1 (f) 11 should be added to the Charter and will
include residency requirements above
Further, we feel that a section should be added to this
5 Article enumerating the desire of citizens of this County
to have the best qualified persons possible heading each of
their departments and agencies and tb do this the Council
should advertise in appropriate media Nation wide for appli-
cants to fill each such position when there is a vacancy to
fill.
ARTICLE XIV Section 14-5 Board of Ethics:We recommend that the Board be
increased from five to nine members and that each member shall
be a resident of a different political district.
ARTICLE XV Section 15-3 Mandatory Charter Reviews should be changed in
part as follows: "The commission shall publish not less than
forty five days before any election at least once in ALL
daily newspapers of general circulation within the County. "
Further, the commission shall avoid the use of double nega-
tives or positives and wording shall be written so that a
YES vote is a vote FOR and a NO vote is a vote AGAINST. In
fact, the Corporation Counsel should be directed to review
every Ballot item to make sure that this, in fact, is the
case. If an item is to be passed or defeated, it should be on
merits, and not through obsfucation.
Thank you very much for this opportunity.
410
499
Kohala o-
WEST HAWAII COMMITTEE
Kona fi ;° POST OFFICE BOX 5066 / KAILUA-KONA, HAWAII 96745
Ka'u
August 9, 1989
Charter Commission of Hawaii County
101 Aupuni Street, Suite 235
Hilo Lagoon Center
Hilo, Hi . 96720
Attention: Robert E. Bathea
Chairman
Enclosed find the promised Census Data Tracts of 1980 along with
a map showing the traditional Hawaii Island Districts, so that
you and your fellow commissioners may compare the two side by
side and relate the suggested Political Districts enumerated in
our August 8 presentation to the Census Tracts . It does in fact
make a fairly straightforward way of creating Districts that meet
the criteria of Travis vs . King.
Again, I apologise that the slides we wanted to show side by side
would not have been legible to all commissioners when projected.
With your permission, I am also enclosing maps and a copy of this
letter in the packet . I hope you will permit Marie to deliver
these to the Council Offices, so that their file might be
complete also.
Again, thank you for the opportunity to make our views known to
your Commission.
Ve truly yours,
CAAIC) 6601-0 I--
ack Smoot
West ..:waif Committee
Chairman, AdHoc Committee
County Charter Review
500
il
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/
MEMORANDUM
TO: Robert E. Bethea, Chairman and Members of the Charter
Commission, Hawaii County
FROM: Hawaii County Police Commission, Jeffrey Choi,
Vice-Chairman and Spokesperson
DATE: July 31, 1989
RE: Request and Recommendations of the County of Hawaii
Police Commission Regarding Review of the Hawaii
County Charter
0306p 073189
Our County Charter in Article 7, Chapter 2 sets forth
the language creating the Police Commission and defining its
duties . Interestingly, the Charter does not attempt to define
what it is the Police Commission is supposed to do, except for
two things : 1) The appointment and removal of the Chief of
Police, and 2) The role of a confirming body in the appointment
and removal of the Deputy Police Chief .
The Charter does, however, tell us what the Commission
shall not do. The Charter says :
• . • Neither the Commission nor its members
shall interfere in any way with the administrative
affairs of the Department. (Emphasis added. )
503
EXHIBIT C
This definition or lack of definition of the functions
of the Police Department has been nothing short of disastrous .
There is very little about the Police Department and its
workings that is not at least arguably an administrative
matter. The literal application of the charter ' s language
would therefore essentially mean that the Police Commission can
only do the two defined things set out in the Charter--hire and
fire the Chief and the Deputy. Taken to its logical extreme,
there would be no point in having Police Commission meetings
unless the meetings were convened to either hire or fire the
Chief or approve the hiring or firing of his Deputy.
Not many would disagree with the statement that the
average citizen of this County perceives the Police Commission
to be some kind of civilian buffer and watchdog whose general
function it is to make sure that the Police Department is
subject to civilian control, at the very least, charged with
the function of hearing citizen complaints against police
abuse, with some power and authority to do something about the
problem if a citizen' s complaint, is substantiated.
The Police Commission that has been in existence under
the present Charter is certainly not anything like that body
which the average citizen contemplates when thinking about the
Police Commission. While it is true that historically the
Police Chiefs have been respectful of the Commission, in
general, and have, therefore, tried to be responsive to
inquiries by the Police Commission and have been responsive to
504
-2-
suggestions by Commission members, it is also true that, except
for rather rare and limited circumstances, the Commission, when
it was not hiring or firing a Chief, has typically done very
little. The average meeting was brief and uneventful and when
citizen complaints have come before the Commission, except for
one or two instances when a certain amount of inquiry has taken
place, the Commission has pretty much simply received the
complaint and filed the complaint away with other routine
correspondence. This was a function not of the inability or
unwillingness of the members to do a good job, but rather due
to the fact that the members, as guided by the legal officer
for the County has tried to avoid "interfering in any way with
the ' administrative affairs ' of the Department. " This state of
affairs is reflected in the Rules and Regulations of the Police
Commission, which the Commission is presently in the process of
changing. At present, the Rules provide that the Commission
shall not look into any matter, no matter what the subject,
unless there is a certification of inquiry. Once the members
vote to look into an area, then there is an inquiry. The Rules
do not then go on to define how one conducts such an inquiry.
It is clear from the Rules that no one contemplates, for
example, that the Commission would conduct an inquiry into any
allegation that a police officer engaged in wrongful conduct
while carrying out his duties as a police officer.
505
-3-
Having said all of this, I now go on to state that the
Police Commission has been interfering with the administrative
affairs of the Department. At least, in the literal sense.
There have been some tentative forays into what are arguably
administrative matters . But these forays have been very timid
and very tentative. There are some general statements, for
example, in the Police Commission Rules which relate to police
training. Obviously, police training can be said to be an
administrative concern of the Department . Yet, the Police
Commission has, in its Rules, some very general and fairly
innocuous statements about the need for training and the types
of training that should be administered. The statements are
non-controversial and so have not drawn any interest. But the
fact that we do have a few instances where the Police
Commission has opened the door just a crack leading into
administrative affairs merely serves to point up the dilemma
faced by the Commission. The attempt to "interfere" reflects
the perceived need to try to perform the expected role of a
police commission, but the fear of interfering makes the rules
weak to the point of being meaningless .
Even more illustrative of the problems the Commission
has faced are two recent instances involving the Police
Commission and the Department which received significant play
in the local press . One incident involved the bringing of
charges against senior members of the Police Department by the
Chief of Police and their reassignment to different duties, and
506 -4-
L
the charge by those same senior members that the Chief of
Police was himself engaged in wrongdoing. Another involved
complaints against the actions of police officers in conducting
a raid on a private residence. In both instances there was a
suggestion that perhaps there was something "fishy" going on
and so the public looked to the Police Commission to act as the
administrative arm of the public at large, assuming that the
Commission would make some organized attempt at finding the
facts and take such steps as would be necessary to insure that
the Department was efficiently and honestly run. Interestingly
enough, in both instances not only did the public at large wish
to see the Police Commission serve such a function, but the
parties themselves seemed to look to the Commission as the
logical body to carry out this function. The solution to the
problem, of course, is not an easy one, for it is certainly
true that it would be inappropriate to have the Police
Commission, or any of its members, interfering with the day to
day operations of the Department.
Finding the ideal balance between those things which
the Police Commission should do and should not do is,
obviously, extremely difficult. The present Charter seems to
have tried to deal with that problem by leaning totally in
favor of insuring that the Commission did not interfere at the
cost of having the Commission be ineffective. While the ideal
may be unknown, we would suggest that, at the minimum, the
Charter be amended to give to the Police Commission the express
_5_ 507
function of conducting inquiry and becoming involved whenever
there is any allegation of abuse of authority or illegal
activity on the part of any officer at any level in the
Department, balanced perhaps with an admonition that the Police
Commission should refrain from becoming involved with the "day
to day" administration affairs of the Department.
Maybe, the Commission should also be given the
authority to involve itself in matters of general policy,
perhaps, with a requirement that there be a unanimous vote of
Commission members for the Commission to involve itself in
matters of general policy.
Finally, the Commission should be given the authority
to hire a paid investigator . The Honolulu Police Commission
routinely is asked to investigate complaints of abuse of
authority by police officers . Fortunately, this County has had
very few such complaints, but with our growing population and
the growing size of the Department, those kinds of complaints
are bound to increase in number. It is impractical and
inappropriate for the Commission to conduct a mini trial every
time one of these complaints is lodged. But, the Commission
should conduct an inquiry and render a decision. This is the
minimum that the public demands of their Police Commission.
The Honolulu Police Commission handles this by hiring an
independent investigator who makes a report to the Police
Commission, which the Commission then uses to render a
decision. While this is also not the ideal solution, it is a
508
-6-
� r
huge step in the right direction and infinitely better then the
present system, where, in essence, the Police Department
investigates itself and the public has no machinery for
determining independently whether its police officer has abused
his discretion.
The reason that the Commission needs to have the
authority to hire an investigator be made a part of the Charter
is to insure that the funds to hire such an investigator would
be made available to the Commission. Under the present volume
of work, the Commission would not need a full-time investigator
so the cost of hiring one should not be too burdensome.
In summary, we would like to have the Charter amended
to give some definition to the purpose and function of the
Hawaii County Police Commission and suggest, that at a minimum,
the Commission should be clearly given the duty and ability to
carry out investigative functions where there has been an
allegation of abuse of authority.
Thank you for allowing us to make our thoughts known.
509
-7-
To: Salary Commission
From: Harry Boranian
July 26, 1989
Rather than submit an outline I have attached a draft of the testimony that
I would like to give at your meeting of August 9, 1989, This will give you
time to formulate questions in reference to my views on the Hawaii
County Charter,
I do not intend to release this to anyone else prior to August 9.
Since. ely,
Harry Boranian
• .
•
•:.
EXHIBIT D
• . • • ••
•
510
• • •
Murry B rrriiun
16 Kahoa St.
Hilo, Hi. 96720
Phone 961 5066
August 9, 1989
Hawaii County Charter Commission
101 Aupuni, Rm 236
Hilo, Hi 96720
Subject: changes in the Charter of Hawaii County
General Philosophy
Generally speaking, When a city or county charter is first drafted and put
into effect, it is about as good as it's going to get. Original charter
commssions are usually well balanced groups whose sole intent is to be as
objective as possible in establishing a form of government which will best
serve the community in which they live arid work.
In my experience, subsequent reviews tend to become more politicized, to
the extent that individual political aims and ambitions often influence the
judgment of both the public and some members of the review body.
A good example is the Hawaii Constitutional Convention which resulted in
over 200 amendments to Hawaii's Constitution. Not only were many of
these changes politically motivated, but the individual voter had to accept
ail or nothing at the polls.
There was no way that we could possibly understand all the changes that
resulted. i doubt that all the members of the con-con understood
everything that they did.
in my opinion, unless the intent is to change completely the form of
government that exists, no more than four substantive charter changes
should be submitted to the voters at any one election; and these should be
voted upon separately, not as a package. This does not include ordinary
housekeeping or clarifying changes, of course.
511
Since its adoption, the Constitution of the United States only has been
amended 26 times.
Great care should be taken by the commission to stick to basic principles
and guidelines so as to avoid even the appearance of legislation.
•
When considering testimony, the Commission should give considerable
weight to the opinions expressed by people who actually have had hands-on
experience with the Charter. Of course you must be watchful to make sure
that these people have no political ax to grind, but are sincere in their
desire to improve the system.
This is not to say that the opinions of others are not valid, but we, who
have actually had to use the charter provisions on a day to day basis, can
be compared to test pilots flying a new aircraft. We are in a better
position to judge the good and bad characteristics of the mechanism. We
ar•e in a better position to know what works and what doesn't.
Strong Mayor vs City Manager
A good case in point is the argument put forth by some for changing our
strong-mayor system to a city manager system, the manager being hired
by the Council and working under their direction. Under this system, the
manager would have at least five bosses, not always the same ones.
The most important criterion to consider is: which system is
more responsive to the needs and desires of the voter?
Remember, it is easier to vote one person out of office than it
is to change the majority of the council. The last mayoral
election is a good case in point.
I think that the people of Hawaii County would like to keep a system
wherein thay can fire the Mayor if they are unhappy with how things are
being run. How do the voters fire a city manager? They don't.
I recommend "no change" in this area.
Salaries of Elected Officials:
I recommend that the salaries of all elected officials (Mayor,
Council and Prosecuting Attorney) be set by the Salary
Commission. Attached you will find a draft of the charter change which
I propose. It was drafted at my request by Ron I barra, when he was Hawaii
County Corporation Counsel and I was Director of Civil Service.
512
Presently, the Salary Commission sets the salaries of only the members of
the Council and the Council Chair. The Salary Commission is appointed by
the Mayor and does not require confirmation by the Council.
8
I am proposing that the Mayor appoint the members of the Salary
Commission subject to confirmation by the Council and that the Salary
Commission set the salaries of all elected officials.
As Director of Civil Service, I worked directly with the Salary Commision
to provide technical input and general information for their consideration
in doing their work. This included salary information in reference to
collective bargaining salary schedules so that they could make
recommendations to the Mayor and the Council in reference to executive
salaries.
Presently the salaries of the Mayor and the Prosecuting Attorney are based
on formulas which use civil service salaries based on collective
bargaining salary schedules as a base. This leads to at least the
appearance of a conflict of interest, because the Mayor signs the
collective bargaining agreements on behalf of the County, even though
most of the decision making power for agreeing to public employee salary
increases is in the hands of the Governor.
Under my proposed amendment, the Salary Commission could still consider
any relevant data in order to set these salaries, the difference being that
salaries of department and agency heads and deputies would be calculated
from the top down and not the bottom up. The Mayor and the Prosecuting
.Attorney would still have to submit their salary recommendations for
their subordinate department and agency heads and their deputies to the
Council to be set by ordinance.
I want to thank the Commission for your kind attention to my testimony.
You have my best wishes for a successful conclusion to a very difficult
job.
•
Harry Boraniar ��
513
•
cOUNTY O JIAGVA1I }
O.CF10E OF THE CORPORATION COUN, EL
25 Aupuni Street
Hilo, Hawaii 96720
MEMORANDUM
To: Mr . Harry Boranian Dote February 14 , 1986
Personnel Director
1/ ..-/
From: Ronald Ibarra /" r
%'
Corporation Counsel
Subject: Ordinance Bill to Initiate Charter
Amendment to Require Salary Commission
to Establish Salary of All Elected County Officers .
Please find enclosed the above-referenced draft bill to
initiate an amendment to the Hawaii County Charter . We
would appreciate your forwarding the draft bill to the
salary commission for their consideration.
•
Should you or any of the commission members have any
questions on the draft, please feel free to call me . While
• we have transmitted the original draft, any changes to the
draft sought by the commission may be made through our
office as we have it on our word processor .
Thank you for your assistance in this matter .
RI :cmh
Attach . •
•
514
•t
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. -
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT REQUIRING THE
SALARIES OF MAYOR AND PROSECUTING ATTORNEY TO BE ESTABLISHED BY
THE SALARY COMMISSION OF. THE COUNTY OF HAWAII AND REQUIRING
CONFIRMATION OF APPOINTMENTS TO THE SALARY COiMMISSION BY THE
COUNTY COUNCIL.
BE IT. ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 3-4 (a) of the county charter of the
county of Hawaii is amended to read as follows :
" (a) The salary of councilmen shall be established by a
- salary commission which shall consist of nine members
appointed by the mayor [without . the approval of the council,
notwithstanding provision (b) in Section 13-4 . The members
may be removed by the mayor . ] and confirmed by the county
• council . The- members may be removed upon the recommendation
of the mayor and the approval of the council. "
SECTION 2 . Section 5-1.. 3 of the county charter of the county
of Hawaii is. amended to read as follows:
"Section 5-1. 3 . Compensation. The salary of the mayor
shall be established by. [ordinance] the salary .commission of
the county of Hawaii . "
SECTION 3 . Section 9-3 of the county charter of the county
of Hawaii is amended to read as follows :
515
0,4
•
4 1
"Section 9-3 . Compensation . The salary of the
prosecuting attorney shall be established by [ordinance] the
salary commission of the county of Hawaii . "
SECTION 4 . Material to be repealed is bracketed . New
material is unaerscored . In printing this ordinance , the •
brackets , bracketed material , and underscoring need not be•
included .
SECTION 5 . Initiation of this charter amendment shall be
effective upon approval and will automatically stand repealed upon
submission to the electorate of the county for approval at the
next General Election.
INTRODUCED BY:
• COUNCIL MEMBER, COUNTY OF HAWAII
•
Hilo, Hawaii
Date of Introduction :
Date of 1st Reading :
Date of 2nd Reading :
Date of 3rd Reading':
Effective Date :
•
516
-2= •
COUNTY cmArarrErt EDUCAT=ONAr: FORUM
P . C) . BOX.. 479
ICAI 1_,UA=1CC0NA, HI . 9 6 7.4 5
( 808 ) 329.-1.5.53
HILO HIGH; SCHOOL CAFETERIA
7-9 PM, THURSDAY AUGUST 3, 1989
***************************************************************************
WELCOME TO THE. COUNTY CHARTER EDUCATIONAL FORUM! - IN 1990 BIG ISLAND VOTERS
WILL DETERMINE WHAT CHANGES, ,IFANY, THEY WISH MADE IN THE COUNTY CHARTER
(OUR ISLAND'S "CONSTITUTION" )_. OUR DESIRE TONIGHT IS TO HELP FAMILIARIZE YOU
WITH` SOME. VITAL ISSUES FOR YOUR CONSIDERATION. PLEASE VOICE YOUR OPINION AS
THESE. TOPICS. ARE PRESENTED AND ALSO AT THE CHARTER REVIEW COMMISSION HEARING
NEAREST YOU (SEE ` SCHEDULE AT. BOTTOM OF PAGE) .
THE PROGRAM WILL. BE PRESENTED IN THE FOLLOWING FORMAT:
OPENING REMARKS AND INTRODUCTIONS
ISSUE .1 COUNTY COUNCIL ELECTIONS
ISSUE 2 - STRUCTURE OF GOVERNMENT
ISSUE 3 POLICE: COMMISSION
FORMAT FOR EACH OF THE THREE ISSUE PRESENTATIONS:.
BACKGROUND INFORMATION
ADVOCATE FOR CURRENT SYSTEM
ADVOCATE FOR ALTERNATE. SYSTEM
PUBLIC QUESTIONS TO THE PANEL AND DISCUSSION
QUESTIONNAIRE OVERVIEW AND RESPONSE
(TABULATED RESULTS WILL BE FORWARDED TO THE CHARTER REVIEW COMMISSION)
CLOSING REMARKS
*********************************************************** ***************
CHARTER REVIEW .COMMISS N (APPOINTED BY MAYOR AKANA) PUB C HEARING SCHEDULE:
AUGUST 9 : O cy AUGUST 30: KOHALA
AUGUST 16 'ONASEPTEMBER ' 6 . HAMAKUA
AUGUST 23 ° PUNA SEPTEMBER 3 : KA U
FOR FURTHER INFORMATION CONTACT THE MAYOR.'S OFF —CE: 961-8211
EXHIBIT E
517
•
COUNTY CI-TARTER AT 20NAL FORUM
ME3E3T_TIE SUMMARY
sss:ssssssssssssssssssssssssssss'ssssssssssssssssss=ss*Zssssssssssssssss
ISSUE#1 : COUIITY iJIVC = I- ELECTS ONS •
CURRENTLY: 9 ELECTED AT LARGE, 6 WITH DISTRICT. RESIDENCE
REQUIREMENTS
ALTERNATIVE: SINGLE MEMBER DISTRICTS ,.
EVALUATION:
ID A= LARGE , '6 WITH RESIDENCE R EQ T S
DEFINITION: ALL COUNTY. VOTERS SELECT ALL 9 COUI4CILPERSONS, 6OF
WHOM COME FROM THE FOLLOWING INDIVIDUAL DISTRICTS:
HILO, •PUNA, KA'U, KONA, KOHALA, HAMAKUA.
PROS :
* SIMPLE, ` NO PERIDIC REDISTRICTING
* EACH MEMBER RESPONSIBLE COUNTYWIDE
* REPRESENTATION FOR SMALLER DISTRICTS
CONS:
* COUNCIL REPRESENTATION TREMENDOUSLY DISPROPORTIONATE
* CAN RESULT IN CANDIDATE BEING ELECTED BY AT-LARGE VOTE, .
BUT REJECTED BY RESIDENCE DISTRICT
* COSTS CANDIDATES MORE TIME AND MONEY TO RUN
S=NGLE MEMBER: DISTRICTS.:
DEFINITION: COUNTY VOTERS SELECT ONLY ONE COUNCILPERSON FROM THEIR
OWN DISTRICT. DISTRICTS ARE ARE DETERMINED
MATHEMATICALLY STARTING. AT ONE PRESCRIBED GEOGRAPHICAL
BOUNDARY.
PROS:
* EACH COUNCIL MEMBER REPRESENTS EQUAL NUMBER OF RESIDENTS
* TRULY "ONE MAN, ONE VOTE"
* COUNCIL MEMBER ACCOUNTABLE AND DIRECTLY, RESPONSIBLE •TO THEIR •
RESIDENCE DISTRICT
* ELECTION DEPENDENT ON HOME DISTRICT VOTE, NOT AT-LARGE VOTE '
CONS:
*PERIODIC REDISTRICTING REQUIRED
*LESS ACCOUNTABILITY TO ALL DISTRICTS
518
• •
COUNTY CHARTER E DUCA T 2 ON A L F O RUM
•
= SSUE UMMA.RY
sssss,ssssssssssssss:ssss:ssssssss:sssssssssssssassssssssssssssss:sssss
ISSUE#2 : STRUCTURE OF GQVERINT MENT
•
CURRENTLY: STRONG MAYOR - COUNCIL SYSTEM
ALTERNATIVE: COUNCIL - MANAGER SYSTEM
EVALUATION :
STRONG MAYO R
• DEFINITION: FULL-TIME MAYOR ELECTED COUNTY-WIDE SERVING WITH A
PART-TIME COUNCIL.
PROS: .
* '. AUTHORITY OR RESPONSIBILITY- CAN BE TRACED DIRECTLY TO MAYOR
(ACCOUNTABILITY IS NOT OBSCURED) `
* LAYOUT AND IMPLEMENT POLICY' MORE 'EASILY
CONS:
• A POTENTIAL FOR THE ABUSE OF POWER
* CAN MAKE APPOINTMENT • OF UNQUALIFIED PEOPLE WITH LITTLE
EFFECTIVE CHECK BY THE COUNCIL '
• HAWAII COUNTY'S POPULATION DOES NOT WARRANT . "STRONG" FULL
TIME MAYOR WITH FULL TIME PAY
O UNC I L. — MANAGER SY S T E M
DEFINITION: ' FULL TIME PROFESSIONAL MANAGER HIRED BY A PART-TIME
COUNCIL:.. ..:
* SALARY OF COUNCIL IS LIMITED
• PRODUCES FEWER PROFESSIONAL POLITICIANS
* PRODUCES HIGHLY PROFESSIONALIZED COUNTY CIVIL SERVICE
* BRINGS ABOUT 'A MORE COMPLETE INTEGRATION OF . MUNICIPAL
ACTIVITIES TO CENTRAL OFFICE
CONS :'
* IDEAL COUNTY MANAGER MAY HAVE TO BE HIRED FROM OUTSIDE
HAWAII TO GET BEST OUALIFIED PERSON FOR THE JOB .'
519
• .
- - - - - - - •
,_ ___ __. __ , • ,
-- -
- --- .- -
; ; • ,
' . . .
. . . .
; . . .
' . . • .
. _ . .
County Charter Educational Forum . -.; Issue Summary
. -
, • .. . .
• . . ,. . , ROLE OF THE POLICE COMMISSION .
. • .
i • Current Function: The Police Commission serves only to hire and
1 . .
fire. the Police Chief .
. . , .
. .
. . . . . • , _
Proposed Functions The , Police Commission should have the ..
. .
. - following responsibilities:
. .
. . . _ ( 1 ) . Set. policy for the Police Department. . • . ..
(2) Hire and fire Chief .
. .
_ .
(3) Review and approve budget. • . .
, .
•
.. (4) Investigate complaints. , / . • ,
, •
• . , . , (5) Reviewandapprove Department positions
• . on legislative propotals.
, .
• . ,- • • ' . • , _
_ .
_
• - ' Arguments in favor of the Proposed Functiont:
The Police Commission should be given real power to be a
civilian watchdog .and policy makerfor the Police Department. It
shoUld be the vehicle for public ' access., public opinion and the
. airing,:and vindication of grievances against the Department.
1 . Policy. for the Police Department should come from
the ' civilian public, the department is called to serve. The
• citizens of each community: should 'have immediate and meaningful
'. . •
influence on the kind of police protectiontheyreceive, and the
. --.
choice' of Orioritiet.
2. The 'Commission should- maintain its current power to
hire :and fire the Police Chief , but this is only one of the •
pOwert •it should hold. , • _
3. The Commission should : have influence on the purse
' . sA.,ringt,- to review and ,a0prove budget.
. - ':-- 4. _ The Commission should have full authority to .
investigate complaints . against the Department, and to deal with
. •
publicgrievances (outside of interdepartmental affairs) .
. . _
• r :,:,'•'. ,.:, • 5 . The Commission and the Police Department should be
• taking the same positions on legislative proposals. ; . •
, . .
. - Arguments against the Proposed Functions:
l '. . . • - ;:',. 1 . Police work : requires high skill , experience and
Ccenfidentiality. An ' inexperienced civilian Police : Commission
1 . ' -consisting of lay people will disrupt the activities of the
H *. Police 1 Department, , It could open the. Police Department to undue
1 _ influence bythp' public or by criminal elements.
. _ -.. The current . power to hire and fire the Police Chief
1 '
is sufficient to' keep 'the 'DepartmentAlOnest and community minded.
3.-,The budget is already under ultimate control of the
County Council , the people's representatives
-, ,•.. • ..
L • . .. :, H' '. 4. ' Power to investigate gives too much authority to
1. •
civilians and threatens the confidentiality that is .essential to
. y. - •
police won '
.1- . 5. The Department may not always agree with the
. COMmitsion and should be allowed to take' independent positions on
legitlation.
. _
. . . . . .
•
L • ____ 1
CHARTER REVIEW QUESTIONNAIRE
The purpose of this questionnaire is to obtain public input. on 'a variety of
issues concerning the Hawaii .County. Charter. The results of this questionnaire
will be tabulated and submitted to the Charter Review Commission. Please
complete this questionnaire and leave it with the moderator or mail it to:
COUNTY CHARTER. EDUCATIONAL FORUM
REPUBLICAN PARTY
11711* P.O. Box 479
: Kailua-Kona, HI 96745
1 . Doyou favor council members being elected from individual districts rather
thanall being elected islandwide as per the present system?
e
YES gd d NO . ,/ D NO OPINION .f%
2. Do you favor a "City Manager" form of government rather than our existing
system?
YES NO71 NO OPINION (o
3. Should the powers of the Police Commission' be expanded to include all or
most of the following:: 1 ) set general policy for the Police Department;
2) review and approve the annual budget; 3) receive, consider, and
investigate charges brought by the public against the conduct of the
department; 4 ) review and approve legislative positions being taken by the
department?
YES p , NO MD NO OPINION �o
4'. ' The County Charter provides for the primary function of the County Council
to be legislation and public policy..formation, as distinct and separate
from the administration of`county
government. The Council member's duties
are presumed to be "part time" , while the Administration members (Mayor and
department heads) are presumed to be full time.
Should the County Charter be revised to explicitly state that County Council
members shall serve ina part time capacity and that their salaries reflect
their part time status?
YES � � NO � NO OPINION 0 A
5 . Shouldthe charter require the County Council to meet at least annually in
each of the districts of Puna, Ka'u, North or South Kona, North or South
Kohala, and Hamakua in addition to Hilo, so that the general public will
havean opportunity to attend council meetings in their respective
districts? NOTE: This would be at additional expense to the taxpayers.
YES 7170 NO is/0 NO OPINION -4
521 , .
EXHIBIT F
CHARTER REVIEW QUESTIONNAIRE (contd)
6 . Should the Department of Research and Development:
a.. Stay the way it is? JO
b. Be changed to a Department of Business and Economic Development? f/0
c. Be eliminated? w
d. No opinion �a
7 . Should the indebtedness and operating budget of the county be limited by
some method such as a percentage of the appraised value of net taxable lands
in the county?
YES ���v NO ft`7D NO OPINION /o
8 . Should there be a provision for theremoval of members of boards and
commissions who do not attend meetings? ,,//��
YES 114T0 . NO 97h _ NO OPINION 2/v
9 . Should the Charter amendments be placed on the ballot as one "all or
nothing/ voting issue, rather than as individual ballot issues?
10
YES �D
NO NO OPINION /,�:)
Please list below comments or other issues you would like brought to the
attention of the Charter Review Commission.
This survey is brought to you as a public service by the Republican Party,
County of Hawaii . Thank you for your interest.
522
j .
CASE & LYNCH
ATTORNEYS AT LAW
FOUNDED 1888 A PARTNERSHIP INCLUDING LAW CORPORATIONS KAUAI OFFICE:
ler NATIONWIDE PLAZA
W.O.SMITH(1848.1929) PO NAHAWAI PROFESSIONAL CENTER 4334 RICE STREET,SUITE zoz
C DUDLEY PRATT(1900-1970) LIHUE,KAUAI,HAWAII 96766-1388
275 PONAHAWAI STREET, SUITE 201 (808)245-4705
HONOLULU OFFICE: HI LO, HAWAII 96720-3094
MAUI OFFICE:
SUITE 2600 MAUKA TOWER (808) 961-6611
THE KAHULUI BUILDING
GROSVENOR CENTER
737 BISHOP STREET 33 LONG AVENUE,SUITE
70
KAHULUI,MAW,HAWAII 96732-1681
HONOLULU,HAWAII 96813 INCORPORATING 0308)871-8351
POST OFFICE BOX 494 COOK, CHOI, OUITIQUIT & MATSUKAWA
HONOLULU,HAWAII 96809-0494 KONA OFFICE:
TELEPHONE:(808)547-5400 October 26, 1989 KUAKI NI TOWER
CABLE:L010 75-5722 KUAKIN1 HIGHWAY,SUITE 103
TELEX:7238523 KAILUA-KONA,HAWAII 96740-1733
TELECOPIER:(808)523.1920 (808)329-4421
HAND DELIVERED
Mr. Robert E. Bethea
Chairperson
Hawaii County Charter Commission •
101 Aupuni Street, Suite 235
Hilo, Hawaii 96720
Dear Mr. Bethea:
As you may recall, at the end of the presentation
of the Police Commission before you, I was asked to have the
Police Commission comment on whether or not the position of the
Police Commission was synonomous with that which was presented
• to the Charter Commission by Chief Vierra.
The Police Commission has now had a chance to
review Chief Vierra's submission and has asked me to respond to
your request. The suggestion of Chief Vierra is, as we
understand it, a virtually identical rendition of the Charter
provision which applies to the Honolulu Police Department,
except for the obvious change referring to the number of
commission members and the districts from which they would be
chosen.
While we agree with most of what the Chief
presented, we do have some significant differences. Perhaps,
the most important difference has to be with the grounds upon
which the Chief of Police may be removed from office by the
Police Commission. The present Hawaii County Charter simply ,
says that the Chief of Police shall be appointed by the Police
Commission and may be removed by the Police Commission. There
is no discussion in the Hawaii County Charter about whether or
not any cause must be shown in order to remove the Chief of
Police. The present language of the Honolulu Charter, on the
other hand, as is embodied in the suggestion which was
-50,x. 1 -
S •
Mr. Robert E. Bethea
October 26, 1989
Page 2
11/ presented to your CharterCommission by Chief Vierra says that
the Chief may be removed: " . only after being given a
written statement of the charges against him and the hearing
before the Commission. " We have been told, although
informally, in a meeting with John Y. Y. Lee, the investigator
for the Honolulu Commission, and Mr. William Hee, the former
chairman of the Honolulu Commission, that the Honolulu
Commission wants to have the language referring to cause be
removed from the language of the Honolulu County Charter also.
Presumably, the rationale for the Honolulu Commission wanting
to have that language removed from their Charter provision is
the same as the reasoning of this Commission. The reason for
wanting the change arises out of a recent experience and recent
changes in employer/employee law. In recent years, notably,
within the last five to ten years, the law has been changing.
At one time, an employer was free to discharge an employee for
whatever reason the employer deemed appropriate. That
situation has been changing dramatically in recent years. If
the language of the Charter in any way suggests that the
Commission is required to prove that the Police Chief has
failed to perform adequately, the County is faced with the
specter of having the Police Department hang in limboduring
long, protracted litigation between the County and the Chief of
Police which the Commission is trying to remove. The
Department would be in turmoil without a chief at its head, and
• the County would be in a position of having to negotiate from a
position of weakness with the "former" chief, the weakness
being created by the need to resolve the matter quickly. No
new chief could be found or appointed until the matter was
resolved. In recent years, this Police Commission has had the
unfortunate experience of seeing examples of how easy it would
be to get involved in an argument about what constitutes a
cause for removal of an administrative head because "good
cause" is subject to a lot of room for interpretation. We
therefore have added into our proposed language for the Charter
in Section 7-2 .4 that the Police Chief may be removed at any
time "without cause being stated. " The reason for the phrase
"without a cause being stated" instead of just saying "without
cause" is to suggest what should be obvious, which is that the
Police Chief should only be removed for cause, but it makes it
clear that a cause need not be stated or proven.
Another fundamental difference between the version
which is presented by Chief Vierra has to do with the fact that
the Honolulu Charter prohibits all political activity by police
officers, except for the right to vote. In other words, the
Honolulu Charter says that no police officer, even on his own
time, can go out and assist any political candidate. This
would prohibit police officers from selling or buying
fundraising tickets, or helping any candidate in any way except
by a vote. No officer could run for office. For example, in
11/ 50 `.2
Mr. Robert E. Bethea
October 26, 1989
Page 3
11/ the last election, Councilman Makuakane ran for office while he
was still a police officer. That activity certainly would have
been prohibited under the Honolulu Charter.
Another significant difference is that the Honolulu
Charter does not contain language which our present Charter
does contain and which this Commission would recommend that we
retain. That is contained in Section 7-2 .8 which states
specifically that the Police Department comes under the
"general supervision and control of the Mayor. " The Charter
commission members may recall that in the last administration
under Mayor Carpenter, the Mayor found it necessary, at one
point, to step in and exert some administrative control over
the Police Department. Presumably, that action was pursuant to
this language in the Charter which is absent from the Honolulu
Charter language. Our Police Commission feels that this
language should be retained.
Another change while, perhaps not very dramatic, is
recommended by the present - Police Commission in order to
eliminate some of the confusion that we have seen in the past.
Both the present Hawaii County Charter and the Honolulu Charter
language states that the Police Commission shall not interfere
"in any way with the administrative affairs of the
department. " This language is clearly at odds with the
• language in the remainder of the Charter, at least in the
literal sense. For to some extent, the Police Commission does
involve itself in the administrative affairs of the
Department. For example, the Honolulu Charter specifically
contains a provision empowering the Police Commission to
conduct investigations on charges brought by the public against
members of the Department. The Honolulu Charter also says that
the Police Commission shall "adopt such rules as it may
consider necessary for the conduct of its business and review
rules and regulations for the administration of the
department. " While it is appropriate for the Police Commission
to avoid getting involved in the day-to-day administration of
the Police Department, the inclusion of the language, "in any
way, " does create confusion because it has been cited in the
past by legal advisors to the Police Commission to prevent the
Police Commission from carrying out what most people would
probably consider appropriate activity for the Police
Commission. Since, doing almost anything is to become involved
in the administrative affairs of the Department, that language
has been preventing the Police Commission from doing much of
anything.
Our Police Commission does agree with the main
change being recommended by Chief Vierra when he suggests that
we adopt the same language as the Honolulu Charter. That
change is found in Section 7-2 . 6 of both the Chief's version
i50 /. 3 .
Mr. Robert E. Bethea
October 26, 1989
Page 4
411 and the Police Commission's version of the recommended language
for the Charter. That section sets out the powers, duties and
functions of the Police Commission and it adds the duty of
conducting investigations of charges brought by the public
against members of the Department. One difference between the
language included in the Chief's version and that which is
being submitted by this Commission is contained in Subsection E
which states that the Police Commission may hire such staff as
may be necessary to perform its duties of investigation. It is
very clear to the members of the Hawaii County Police
Commission, and according to Messrs. Hee and Lee, strongly
believed in by members of the Honolulu Police Commission, that
it is not practical for the members of the Police Commission to
conduct the investigation themselves. This means that staff
would have to be hired. It seems logical, therefore, to
include that duty for the Commission in the Charter language.
To do otherwise, sets the stage for a possible problem should
someone question the necessity of hiring staff in order to
carry out the duties of the Commission.
One final point of difference between our
recommended language and that of the Chief. Our present
Charter, as pointed out above, says that the Police Commission
shall not interfere in any way. Yet, in Section 7-2 .5 of the
present Charter in Subsection C, it says that the Chief of
411 Police: "shall have such other powers, duties and•functions as
may be required by the Police Commission . " In other
words, the present Charter language does indicate somewhat
inconsistently that the Police Commission does have some
administrative power of the Chief of Police, even though it
says that the Commission is not to interfere in any way. Chief
Vierra's language, which is the Honolulu Charter language does
not refer to the Police Commission in Subsection E. The
Honolulu Charter language simply says that the Chief is to
perform such other duties as may be required by the Charter or
by law without specifically referring to the Commission.
Thank you for giving us this opportunity to make
our thoughts known. I would certainly be happy to appear again
before the Commission to answer any questions the Commission
may have. Thank you.
ery truly yo #
EF f/-14r Y 'cluit
P•lice Commissioner
JC:pve F
50/.4
410 r
• POLICE COMMISSION
PROPOSED CHARTER AMENDMENTS
17 1
Amended as follows :
Section 7-2.2. Police Commission. The police commission
shall consist of seven members, two of whom shall be residents of
the combined districts of North and South Hilo, one from the
district of Puna, one from the district of Ka 'u, one from the
combined districts of North and South Kona, one from the combined
districts of North and South Kohala and one from the district of
Hamakua . The members shall be appointed by the mayor and
confirmed by the council in the manner prescribed in Section 13-4 .
(a) The police commission shall adopt such rules as it may
• consider necessary for the conduct of itsin
bus ess and review
rules and regulations for the administration of the department .
(b) Review the annual budget prepared by the chief of police
and may make recommendations thereon to the mayor.
(c) Submit an annual report to the mayor and county council .
(d) Receive. consider, and investigate charges brought by
the public against the conduct of the department or any of its
members and submit a written report of its findings to the chief
of police. A summary of the charges filed and their disposition
shall be included in the annual report of the commission .
11/
509.5
•
(e) Except for purposes of inquiry or as otherwise provided.
neither the commission nor its members shall interfere in any way
with the administrative .affairs of the department .
[Section 7-2 .3 . Department Rules . The police commission
shall adopt such rules as it may consider necessary for the
conduct of its business and regulation of the matters committed to
its charge by law. Except for purposes of inquiry, neither the
commission nor its members shall interfere in any way with the
administrative affairs of the department. ]
Section [7-2 .4 . ] 7-2 .3 . Chief of Police and Deputy. The
• chief of police shall be appointed by the police commission and
may be removed by the police commission at its pleasure. The
deputy shall be appointed by the chief of police with the
confirmation of the police commission and may be removed by the
chief at his pleasure with the approval of the police. commission.
Section [7-2 . 5 . ] 7-2 . 4 . Powers, Duties and Functions of the
Chief of Police. The chief of police shall be the administrative
head of the police department and shall :
(a) Be responsible for the preservation of the public peace,
prevention of crime, detection and arrest of offenders against the
law, protection of the rights of persons and property, and
• 509. 6
-2-
II/
enforcement and prevention of violations of all laws of the state
and ordinances of the county and all regulations made in
accordance therewith.
(b) Train, equip, maintain and supervise the force of police
officers and employees pursuant to the rules of the police
commission.
(c) Have such other powers, duties and functions as may be
required by the police commission or provided by law.
Section [7-2 . 6 . ] 7-2 , 5 . Dismissal, Suspension, Demotion or
Grievance. The dismissal, suspension, demotion or grievance of
11/ any police officer or employee in the police department shall be
under procedures set forth by civil service laws and regulations.
Section [7-2 . 7 . ] 7-2 . 6 . Administrative Supervision. The
police department shall come under the general supervision and
control of the mayor.
i 509 . 7
-3-
Harry Boranian
16 Kahoa St.
Hilo, Hi. 96720
Phone 961 5066
August 10, 1989
To: Chairman and members Hawaii County Charter Commission
From: Harry Boranian
I want to thank you for the kind and attentive reception you gave me
yesterday. I have some additional thoughts which f would like to convey to
you in reference to my comments on non-partisan elections.
Most voters don't understand the principle of party primary elections.
They don't know that these elections are a substitute for choosing the
parties' candidates through a convention, and are supposed to give PARTY
MEMBERS an opportunity to participate in choosing their party's candidates
to run in the general election.
Proof of this is the resentment that was caused by the closed primary
when it was in effect in Hawaii.
People couldn't understand why they had to announce their party
preference in order to vote in the primary, and why they couldn't vote on
both sides of the fence for the people that they favored.
Party responsibility on the county level is almost nonexistent In Hawaii.
Cooperation between mayors and councilpeople of the same party is almost
nonexistent, Councilpeople are generally frustrated because they would
like to wield more administrative power. Mayors are often frustrated
because of the difficulty of translating the goals and objectives of their
respective admininstrations into action. Nobody seems to care about the
the campaign promises which were based on the party platform of either
party.
Most councilpeople covet the mayor's job; but few have the the guts to run
for it, and so they sit back and potshot and second guess the executive's
efforts to carry out HIS promises, hoping that if he fails it will give them
a chance to be elected mayor.
This is why I recommend nonpartisan elections at the county level. I
sincerely believe that the voters would like it a lot better because most of
them are voting for the person and not the party anyway.
So why perpetuate the myth of party responsibility at the county level
when it hasn't existed for years? Let's conform the Charter to the
reality.
More on the Salary Commission: After I left the meeting yesterday, i
reflected upon some of the questions that were asked, especially those
concerned with mandating the Commission to meet, and setting
parameters for when salariy increases would become effective,
recommend that the only changes that should be made are those
in my proposal as drafted by Ron Ibarra.
My direct experience with the Salary Commission resulted in a very
healthy respect for citizen commissions in general, and for each member
of the Salary Commission in particular. I doubt that you would find a more
diverse group of people on any board or commission, whether in gender,
ethnicity, socio-economic status etc., yet each member realized the
seriousness of the task at hand and acted accordingly.
In the matter of setting the salaries of the Council and Council Chair, in
which their power was unilateral, they realized that if they strictly
applied the formula in the Charter, it would be very unpalatable to the .
general public. The solution that they agreed upon unanimously was a 20
percent increase to be given in four increments, one every six months.
They also agreed that these increases should not be compounded, so they
computed 20 percent of the existing salaries, and divided this amount by
four in order to arrive at the size of each incremental increase.
The reason that I have gone into such detail is to show that ordinary
people have the ability to be very creative when given such a task as the
Salary Commission Is responsible for. They should not be burdened nor
inhibited by extremely explicit language in the Charter. The freedom that
they have to think and be creative will also make them more responsive to
the conditions and attitudes that prevail in the community at the time that
they are making these decisions.
Thank you, again, for your kind consideration of these ideas.
With aloha and best wishes for a successful conclusion to your very
important work, I am, sincerely yours,
r 7.: - "11 . / -.. ::. L,L:::L :
(61
Harry Boran-an
L.