HomeMy WebLinkAboutMIN CHC 1989-08-24 {
Minutes of
HAWAII COUNTY CHARTER COMMISSION
August 24 , 1989
I . CALL TO ORDER
Chairman Bethea called the meeting to order at
approximately 2:05 p.m. at the County Council
Conference Room, 25 Aupuni , Hilo, Hawaii .
II. ROLL CALL
Members Robert E. Bethea, Chairman
Present: Pamela F. Cushnie
Francine Duncan
David Fuertes
James O. Juvik
H. Peter L'Orange
Aileen Lum
Patricia M. Poppe
Attorney: Christopher Yuen
Secretary:R. Marie Jacobs
Members Sherwood Greenwell , Vice Chairman
Absent: Steven T. Nishikawa
Akira T. Omonaka
III . APPROVE MINUTES OF 08/09/89
Upon motion made by Ms . Poppe and seconded by
Ms . Cushnie, the minutes were unanimously
accepted.
IV. JOHN BROUSSARD PRESENTATION (Exhibit A)
A. Charter Changes: Boussard: Re the
Planning Department , suggests that the
general plan:
1. Not be used for granting approval for
private developer use;
2. Not be used to disguise projects , so
that public is not aware of them; and
524
3 . Not be used to avoid the filing of
environmental impact statements (EIS) .
a) Juvik: Says to avoid EIS,
developer would also have to go
through State . Land Use Commission
(SLUC) . Boussard: What they filed
with SLUC not same as filed with
Planning Department.
B. Section 3-16 , Charter: Boussard:
Suggests changing wording as follows:
Boussard: " (c) Amendments to the general Broussard
plan may be initiated by the council or 1. Change wording in
the planning director, but projects of Charter re general
private developers requiring land use plan.
changes may not be proposed as part of the
comprehensive general plan review process
(1: 1 :40) .
C. Boussard: Gave example (Exhibit A
attached) of how developer got around Nos.
A. 1 , 2 and 3 above (Kohala Joint
Venture) .
D. Bethea: Mentioned that the Honolulu
branch of his law firm is defending Kohala
Ranch; therefore, he defers all questions
re same to the other commission members.
V. HERBERT MATAYOSHI , MEGUMI KON
A. Charter: Matayoshi: Should remain as is
with only minor changes .
1 . Bethea: Amendments expected to be
handled via 1990 election (1: 2: 16) .
B. Salary Commission: Matayoshi : In answer Matayoshi
to a question asked by Chairman Bethea, he 2. Retain Council
prefers the present system continue to approving salaries.
exist, i .e. the Council being the check
and balance for salaries (1: 1 :35) .
C. Appointments: Bethea: Asked Matayoshi
whether he felt the line agency appoint-
ments should be approved by Council.
Matayoshi : The 1968 commission set up the
strong-mayor system; at that time, the
525
line agencies would be responsible to the
mayor and be appointed but not confirmed.
The staff agencies would be confirmed. 3. Retain confirma-
The 1978 commission requested the line tion of line
agencies be confirmed as well . He doesn' t agencies.
feel a Charter provision to remove that is
necessary.
Cushnie: New mayors wish to have new
appointees function before confirmation
and there are interpretation problems with
the Charter. Matayoshi : Corp. Counsel ' s
absence for two months is not crucial ;
there is enough backup to handle any
problems. The expense of changing minor
language is not worth the expense involved
in doing so.
Bethea: There is Charter language saying 4. Yuen: Clarify
that appointees are co-terminous with the appointee-confirma-
mayor . Cushnie: There are financial tion language.
overruns to keep two appointees on the
payroll until confirmation. Yuen: The
powers given new appointees before they
are confirmed could be phrased more
clearly.
Juvik: Our Police Chief does not have to
have police experience. Matayoshi :
Previous Charter understanding was that
administrative ability was most important ;
if the mayor appointed someone incapable
of doing the job, it reflected on the
mayor personally.
D. Commissions:
1 . Section 5-4 . 3 : Bethea: Questioned
the phrase, "representative of the
community and of the county geographical
areas" and compared it with Section
7-2. 2: one from each district.
Matayoshi: Difference had something to do
with numbers.
E. Council Elections:
1 . Juvik: Whether geographical areas 5. Have all at-large
could be retained with single-member Council elections.
districts; wanted comments on single
526
member districts vs. at-large.
Matayoshi : Prefers all at-large: doesn' t
feel the population has increased enough
to create an 11-member Council .
F. City Manager:
1. Matayoshi : Opposes a city manager; 6. Retain mayor-
he would not be answerable to the people, Council system.
but to a Council. The island is still
small enough for a mayor-Council to run
it.
2 . L'Orange: Questioned whether a 7. Retain 4-year
2-year or 4-year term is more responsible terms.
for a mayor and/or Council; Matayoshi:
Should retain 4-year terms .
G. Financial Procedures:
1 . Article 10-9 , paragraph 2. Bethea:
"The mayor may at any time during the
fiscal year transfer part or all of any
unemcumbered appropriation balance between
classifications of expenditures or pro-
grams within an agency or executive
agency" (1 : 2:42) ; transfers between
departmentsmust be approved by Council
resolution. Also, that these transfers 8. Retain present
defeat the Council ' s purpose of means of fund
formulating policy. Matayoshi: Prefers transfers.
the Charter as it now functions with
strong mayor and strong Council; it is
cumbersome and time-consuming to return to
Council for approval of every $100 needed
above the original appropriation. Council
has the option at budget hearings to
counteract. Council receives a monthly
statement from Finance Department to check
on expenses .
Bethea: Council would have no authority,
even by ordinance, to contradict mayor ' s
decision to transfer funds . Matayoshi:
Feels mayor should voluntarily report to
Council re budget info, but this should
not be included in the Charter.
527
2. Bethea: What about changing the 9. Retain May 31st
Council ' s deadline for submission of the budget deadline.
budget to March 1st? Matayoshi: Council
has 60 days to review budget with enough
personnel to do so. Sometimes labor
contracts negotiations must wait until
after Legislature to see what monies are
available.
3 . Matayoshi: If he transferred large
amounts duringhis administration, he
informed Council sometime during the
process. Kon: Transfers often occurred
in emergency situations in Police, Civil
Defense, and CIP projects. Yuen:
Questioned whether his administration
conferred with Council re operating budget
items . Matayoshi: Did confer with
Council throughout .
H. Initiative and Referendum
1. Matayoshi: Doesn' t recall any
limitations in Charter. Bethea: Limita-
tions that existed then were: Repealing
or levying of taxes , emergency legisla-
tion, appropriation of monies and fixing
of salaries; another recent topic to come
up is land use planning and zoning and
whether or not it should apply.
Matayoshi: Referendum should not be used
for the planning process. Cushnie: 10. Do not use
Questioned whether Matayoshi felt zoning referendum for
should not be done by initiative. planning process.
Matayoshi: Feels zoning, subdivision
requirements , infrastructure problems ,
etc. should be handled by elected repre-
sentatives. Yuen: The 1968 Charter
limited the use of initiative so it could
now be used for taxing and other fiscal
decisions ; a 1982 amendment removed that
limitation on initiative power.
I . Research & Development
1. Duncan: Questioned functions and
powers of this department. Matayoshi:
Felt department was necessary to tourism
and collecting data.
528
2. Bethea: Should Charter, with respect
to this and other departments , mandate
deputy directors? Matayoshi : Should be
mayor ' s administrative decision in each
case.
J. Police Commission
1 . Poppe: Asked Matayoshi if he' s
satisfied with authority commission has .
Matayoshi: Commission can create own
rules and handle complaints , etc. by way
of public hearing; Charter is silent on
subject. Discussed cost of putting
amendments on the ballot. Not worth the
cost of amending. Bethea: Suggested
Charter amendments may be included in the
1990 election ballot as opposed to having
a special election.
VI . PUNA COMMUNITY COUNCIL (Exhibit B) Puna Council
By Don Jacobs , Ron Phillips, Richard Hahn and
Jenny Aste
A. Strong-mayor government :
1 . Phillips: Feels retaining present 11. Retain mayor-
strong-mayor/strong Council system of Council government.
government provides checks and balances .
B. Budget:
1. Transfers: Discussed fund
transfers . Bethea: Suggested a means
whereby transfers are reported.
Phillips: Said transfers are not
considered in relation to long-term,
on-going planning. Jacobs: Project may 12. Retain Council's
be funded for set amount; when a large ability to override
amount is additionally transferred to that transfers.
project , Council should have some means of
overriding the transfer .
2. Deadline:
a) Phillips: Supports March 1st 13. Supports March
budget deadline submission. Aste: 1st budget deadline.
Budget decisions are made without
community input; an earlier date
would allow input .
529
b) Cushnie: Posed the question of
how many funds might be unencumbered
with potential to be transferred
(2: 1:45) . Phillips: Mayor should
have right to transfer; but
deviations from original budget
should be reported. Have more
responsible Council in this term.
3 . Copies: Phillips: Budget material
should be made available to public at a
low cost (2 : 2:42) ; Planning hearings are
advertised too late to attend or dates are
changed without timely notification;
information should be available to the
public in written form.
D. Municipal Utility District:
1 . Aste: Recommends creation of above 14. Include in
(2: 1 :42) . Phillips: Or establishing some Charter that County
form of municipal community cooperative to may create public
operate an electrical utility; wants it utility.
mentioned in the Charter.
2. Yuen: 1988 legislative law passed to
give counties authority to own and operate
electrical and other utilities; so it is
possible in this county, but would require
PUC approval. Phillips: PUC deals with
statewide policies , not with individual
issues .
3 . Jacobs: Puna Council wants a 15. Establish state-
statewide energy commission established. wide County-
Need County-level control because there is controlled energy
no long-range planning. commission.
4 . Phillips: HELCO is not providing
adequate services to growing populations
and neither provides nor accepts responsi-
bility for long-range planning.
5. Jacobs: No one is overseeing
transmission lines . PUC concerned only
with rates and regulations. Phillips:
Will be giving testimony to PUC in near
future re rate increases and lack of
future planning. HELCO profits go to HEI
for acquisitions instead of back into
company for improvements .
530
E. Planning Commission:
1 . Phillips: Wish the commission' s 16. Retain present
functions to remain as they are. Planning Commission
functions.
2. Phillips: They do good job overall ,
but selection of members not the best:
need experienced planners plus right mix
of community representatives; present
membership seems to be representative of
developers .
3 . Phillips : Prefers Council oversee 17. Allow Council
planning and zoning to insure check and to oversee planning
balance. and zoning.
4 . Aste: Suggested using moderators or
mediators at hearings .
F. Initiative:
1. Phillips: Wants clarity on the 18. Need ballot
ballot ; initiative representatives and clarity.
community should agree on wording.
2. L'Orange: Mentioned abuse he ' s seen
re collection of petition signatures;
Questioned whether Charter should include
regulations of how signatures are
collected. Bethea: Ballot supposed to
contain an objective summary of substance
of measure and spaces for signing.
Phillips: Says California mails out info
which addresses pros and cons of each
initiative; people should have the last
say on initiative.
3. Aste: Recommends lowering initiative 19. Lower initiative
to 7% to bring initiative to a ballot; to 7%.
Hahn: National average is 8%. Lum:
Discussed geographical issues .
G. General Plan Amendments:
1 . Jacobs : Guidelines need to be 20. Address general
addressed more specifically; Charter plan in Charter; set
should set goals (2: 2 :46) . goals.
2. Jacobs: Review process is flawed; 21. Outline/clarify
general plan has never been able to be general plan review
process.
531
amended. Council unable to do job because
general plan frame work is messed up.
L'Orange: It would be very cumbersome to
set up general plan review mechanism in
the Charter . Phillips : Charter should
include clear language as to the process
under which the general plan is put
together , how changes are passed, and how
it is reviewed .
H. Council:
1 . Aste: That members be elected from 22. Elect Council
their districts in the primary election from district; man-
and at-large in the general election. date resignation
Phillips: Guarantees that one Republican when leave district.
and one Democrat representative of the
district would be on the general election
ballot. Bethea: That assumes that a
district has an identity when the line
drawing begins.
VII . AMERICAN ASSOCIATION OF UNIVERSITY WOMEN Am. Assn. of Univ.
(Exhibit C) Women
By Jenny Aste, Sandy Matsuura, Dorothy Doudna
A. Gender Parity:
1 . Aste: Charter should reflect neutral 23. Mandate gender
gender language. parity in Charter
when selecting
2. Aste: Want more women in public boards/commissions.
offices; should be no more than a bare
majority of each sex on each board/
commission. "Important" commissions (i .e.
Planning) often have no women or a token
woman on the commission. Three states now
require gender parity (i .e. equal
male-female representation on
boards/commissions . Want gender-balance
stated in the Charter.
3 . Juvik: Charter states members should
be representative of the community (31) .
Other groups may be under-represented
(i . e. racial groups) . L 'Orange: Because
some boards also have geographical
requirements , if you also required gender
parity, you might have a situation where
the district representative would always
have to be a woman (or always have to be a 532
man) . Top consideration is background and
reputation. Feels Akana administration
appointments are more balanced. Doudna:
Prefers language in Charter to insure
balance for the next 10 years.
4. Aste: There is a female "point of
view. " Women do have a more ethical point
of view and consider the community; stop
more hazardous activities; more sensite to
issues re children, school .
VIII . LEAGUE OF WOMEN VOTERS (Exhibit D) League of Women Voters
By Sue Irvine
A. Gender Parity:
1. Irvine: Gender parity on 24. Mandate gender
boards/commissions should be mandated by parity for boards/
Charter. commissions.
2. Juvik: Law states that board/
commission could be unbalanced if the .
board/commission serviced a particular
gender.
3 . Irvine: Not all boards/commissions
are set up via Charter. Yuen: Boards/
commissions under the Charter are usually
those with power.
4. Bethea: Pointed out that equality in
ethnic or religious areas would be
difficult. Irvine: Women make up over
50% of the island population and should be
represented equally. Women should not be
considered a minority group. Cushnie:
Male or female gender cannot be changed,
whereas females are visible difference.
Religion, politics and character is by
choice; female gender is not by choice.
B. Initiative: 25. Supports initia-
tive for all issues.
1 . Irvine: Supports initiative for all 26. Reduce percentage
issues. of signatures
2. Irvine: Support reducing the number rerend for
of signatures required to validate a reffeerendum.
533
petition from 15 to 10% of those who voted
for mayor in the previous election.
3 . Irvine: Land use restrictions don' t
appear elsewhere in the nation. Bethea:
Land use appointees hear both sides of the
issue and decide. Prefers that issues '
outcomes not be subject to advertising
campaigns.
4. Irvine: Wants ballot wording done by 27. Need ballot
attorney general , for example. L'Orange: ,clarity.
Suggested the League come up with examples
of ballot wording. Yuen: "For" means in
favor of; "against" means not in favor of
(3 : 1:44) ; discussed Hapuna example.
Aste: People should be able to decide
whether they want a yes or no to be the
outcome of what is voted on.
5. Irvine: Does not feel public should 28. Advertise ballot
be hit with ballot issues they haven' t issues with pros-cons.
previously read about (2: 2: 9) ; some form
of pro-con information should be distri-
buted to public (3 : 1:45) .
6. Irvine: Questioned the necessity of 29. Eliminate notary
notarizing a petition before turning it on petitions.
over to the County Clerk (2: 2: 9) , when
signatures have to be verified anyway.
IX. GENERAL
A. Islandwide Meeting Schedule:
1. Bethea: Schedule has not been
completed yet.
2. Yuen: Each public hearing must have
a quorum of commission members present .
3 . It was decided that meetings would be
scheduled Friday nights and Saturday
mornings every other week in these areas:
Waimea, Kona, Hamakua, Hilo, Puna and
Ka'u.
534
4. It was decided that the advertising
should include more than just printing the
meeting schedule. Chris would work on a
newspaper ad.
5. Meetings will be held p.m. on 9/15 ,
a.m. on 9/16 , p.m. on 9/29 , a.m. on 9/30,
p.m. on 10/13 and a.m. on 10/14. Friday
night meetings will be at 5 p.m. ; Saturday
meetings will be at 10 a.m. Schedule will
be published.
B. Work Schedule/Information Dissemination:
1. Bethea: If time allows after the
public hearings , commission will begin
discussing amendment process and
commission' s direction.
2. Bethea: Subcommittees can be created
for individual topics or departments.
Yuen: There does not have to be a quorum
if subcommittees are working on language;
there would have to be a quorum if the
committee is deliberating on decisions .
3 . Juvik: Hopes to have somethingto
p
present to Council by the end of 1989.
4 . Juvik: Suggested having a list of
issues that public can review. Duncan:
Suggested generic questions. Bethea:
Wants public to feel free to talk about
any issue. Chris to do question list.
Remarks should be limited. Can have
notice published after each hearing to
discuss input.
C. Questionnaire Update:
1. This is now moot; the commission
understands more thoroughly how each
agency works .
535
X. ADJOURNMENT
Upon motion made by Dr. Juvik and seconded by
Mr. L'Orange, the meeting adjourned at 6: 15 p.m.
Respectfully submitted,
R. Marie Jacobs
Secretary-Assistant
536
Proposed Revision to the Charter of the County of Hawaii
The following revision is based on the belief that a democratic
form of government improves, both as the public which it serves
is better informed, and as that government becomes more
responsive to the needs and desires of the public.
This proposed revision is aimed at insuring that the general
plan shall not be used as a way of granting approval for
specific projects of private developers, that it not be used as
a technique of disguising such projects and preventing the
general public from being aware of them, and that it not be used
as a method of avoiding the filing of environmental impact
statements for actions that can have profound effects on the
county ' s infrastructure, quality of life and general environment.
Specifically, it is recommended that item (c) in Section 3-16 be
changed to read as follows:
(c) Amendments to the general plan may be initiated by the
council or the planning director, but projects of private
developers requiring land use changes may not be proposed as
part of the comprehensive general plan review process .
Submitted by:
4711
ohn A. Broussard
Box 44584
Kawaihae HI 96743
882-7632
EXHIBIT A 537
0 pages)
The need for the proposed revision is clearly evidenced by the
following case which is not exceptional, nor is this the most
flagrant example of a developer abusing the general plan
comprehensive review process :
In 1985 two large mainland corporations--known as Kohala Joint
Venture--were developing Kohala Ranch (a 4000 acre site in North
Kohala) as an agricultural subdivision. At that time, the
developer petitioned the county to reclassify the two square
miles in the center of the subdivision from agricultural to
urban to allow the construction of the second largest city in
the County of Hawaii at that site.
Presumably to avoid filing an environmental impact statement,
and certainly to keep actual and prospective purchasers from
hearing of this radical change in plans, the developer presented
the proposal as part of the comprehensive review process for the
General Plan. (Attached is the only public notice of this
proposal . )
Since the plan received little or no publicity, Kohala Ranch
property owners had no opportunity to submit testimony to either
the Planning Commission or the Planning Committee of the County
Council .
However, neighboring property owners did hear about it and did
testify against it. At least in part on the basis of that
testimony the Planning Commission recommended dropping the
proposal, but the then Planning Director reinstated it .
The current status of the proposal is that it has once more gone
through the Planning Commission and has been referred to the
County Council with a recommendation that it be approved.
In summary:
The Kohala Ranch urban proposal is an example of the use of the
General Plan comprehensive review process to prevent the public
in general, and concerned parties in particular , from learning
about developments that can have far reaching implications for
the Big Island. It is also a method whereby a developer can
avoid filing an environmental impact statement even though the
proposed development may have a significant and long lasting
detrimental effect on the environment .
The proposal that I have submitted today will further the intent
of the general plan to provide for long-range comphrehensive
physical development of the county and will help to keep the
general plan from becoming a vehicle for serving private
interests.
538
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West Hawaii Today,Thursday,May 28, 1887-31.
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de Quoin Kaahananu Flabby from Ccasemation to Open. ..
O.Carmel Urban Expansion and Ortharth on due Worn ids of Room taws to low Deadly Urban. ' ' '66.1tederionab int MO 10."11111i and,ndwast oldie KonoVillage tin.Wow rood,on both aides of
9.8.datioratn Ombra,.an bcd Wes dila VokormHbhway from*.Puno.Soub Hies boundary*de •de Queen Koahumanu Highway from Comenrotion „So Medium Density Urban.
Tow urban&Mb,to Open.
67.Reardon:Ma the ma on do nude*olds of dm Kam,Yaw Woon road win of de
' SOUTH HILO DISTRICT . " lbahurnanu Highway.has Cowry..b law Dandy Ob.0 t v
10.COT.,1114 Panow CM Fran Urban bro.on to low Dank Urban between%SW.Awns and 68.Itsdlicnoto dor anno*Maids/a.%nail*al de Que.Kadwanu Kuhn*,From Cow***le
. kneel.*Ave.
. - . . •
11.Conant.portion al Om abe amouncing file Paw Kul.Horn From kW,*to High Dank Urbon. 69.Ihniseionone the area at Wkidarreon Wiwi ado OVUM 142111.41111441 KONA*fnant Cording/an to
•
Medewy Wain.
12.Redesign**ihe Iwo on de mak*side of 1Colorionaole Sim*between Panyan Way and H . way D
aOuSIna4
From industrial to Ronan. . 70,Itedmignosa de area et Maholawarm itakding and bawd,*Ow's*Dian(from Conwallon IS
11 Redesignate en area on de Mofroi cow of Plaint and Milloni Sameta owe the an.fm..Ma ,' 00,6
Moak-Chin.WOW"from in.cnd 0114.1.1 Median Danny Ude. • • 71.Radnignale ke Ow*Ad of Queen Kookananu HOS*and wad off..Kimble Mori Iron
M
14.RedCinnamon.to Irdwial. .
esign,*the orea WovInk S
en anoca.* ideni,Drom d Wok
ra *.Pond hewn Resnato High •.i• • •
Dank Urban. 72.Radenornde th•woo*dal et Clue.Koshawat Halfway and rand of im Kealvoie Pdrposi tram
,-
Qmswalion nal Open b Indwind x•
15.Roderigion de ri.bounded by KIWI,$OW,WIWI,Sneer,Ailed Shed and Mahoull SOW ,
, . .' • •
horn Median Ow*lo High Dunk Urban. .' 73.Reenknalelhe areo mak*dawn Ibinowortu. Highway,oidandireharnMabodeollednalmfrare
16. BMW.Agriculture.Orchards.Opat ard Conant..to Urban Expansion.
11.4,drate the area bound*by lanfroula Saw bowl Simi,Man..,.Sim*and lb exising
kantrial Wan.o.,to the Ern,Irons Maw Dem*Urban to Ind. 74.Redesign..On Baro orm mak.of Own Irdalunanulfghn.,and mnd @16.fralli end Noir"
• Pai Project Sde from Cowman.and Op..'a sI
Ciriwkim wowof de* Wald.doh and intennedore School cowl**from Da
low m* •
• 'Urban*Wren*Usa.- I' ' ' - ' - -;-•--'-'''"•-•.• !!'""."- '5S'iolfaldrorwIlltherdlooditleFej*FoilosO5onSn= r =
thrmindwoOrdiTtrmika , .: • '
OS.c....«,If,.moo below do ex.*Wm..and Known Urhan Awn fn.0.1....),to(Mon
76,Rennionaw the Kahan.,nen boor*th Qurinn Kaolionvom Highway from Cowry..and Opon
• . . .. _,:
19 Cow*de leant thsbrealion an linZkce We althrtno to PAW*Dern*the. .'iif vi iis•I".''' '' • '."'....._. ..'''':'."Sr,e.' ''. `i'''`' '' ..`''`.'''',"'''''''..-7.''''''' .10
70. .'''''':' ...'ZJ:P.? ,•'''"`1,-''''.'''•••- -
77 Reding**de Kohanaild dna Wad al in Gum Kooks**,Highway from Ccininedi**•
Redesitywn in onto moulto of Om Mina Pori from Own.Agnodure to law DenitY Urban. Open
71:Rethagnate in ow between Pow and Wolnain ham Intend*and Enos.Agriculture to low 78.Rodnignote dn Kehtnairi amnia*afthe Clue.Kordwanu 19,61.*fradCarnernsint oad OW
Cl.sity Urban
la Madmn Dna*Urban.
•
..
27.Cob.int Urban fwassion moa baboon WoinokiAve.and Wainaku Caw 2 as well as Co urea an .
Award ride ol kw to law Dna*lido& 79 indesignam the Kohntafri and roil*.1 90.Q.*1(0dt...a lbyway from Conwration to law
•
23.Conned Urban Enweion amnia of Falba Slag. Drank ag.b lovr Urbna. . •
" • Dem*Urimn.
Hof.
•110.1tedsionare tharalabe Isms*lb Weal side of GINO ICOMPUNICIIM Hof.*from ins.lead Urban
24.Com.Ihn ow Woven Polka Whim cad Pawls.on both nide of en Plow*See Highway),... . Expansion so Open
Intend*and 0411111114•Agriel6.ure to law Demi*Urban. .
81.Redesignate the Kok.area andh
of Ko
al
25.Conran de a rka al Mandela*on the Waist rids el Qom!8Th....
Hawaim.Wow Papaw Soon and do old ml sila may* tho band ma
on frol f the Highway,from Conservation and Eatemixod paArlo**
Hoof Belt High**Wad 0..toad n the wonW Po*front oe**and Extend*Agecullure and LL '
• Oh.Expansion blow Density Urban. 82.RodrnIgnolethe Mandolin,or.mak*abbot:keen Ihnekerwilloinnwa.roodindia fldmind
Front Urban Expansion to Resod .
•
•
• •
I .HAPAAKUA DISTWICT. • ..
• .
26 DWG dr thillit topinsion"ankrincial of Pamirs town and 1•1011.as Intend*and Edwin , ("Pci"kinv •
Aadcdka... 84,Extend the*SW doh Dimly Urban designation In 1Calua M a windy draction by connordni Ifrbam
27.Mead the adding law Dans*delignotion ow*of Pagoda*on by redmignaing Inionsine and v Empornion and indintrial to High Dandy Urtan. . .
Ewen*Aviculture to law Derodythisan. . U.Wang.*dm Landow Nomads and hawse erea6 on both Woe the Mamalaboo Flighsary,frens ,
le.Eland dm Madam Derby Urban deolgraiknof Howl=bon mob lobe Wool SekHighway and /•44d41,61 044•411 and tow Density Urban to Ord.&
.00 5,then*Gulch by canninirg low Dem*Urban lobed.Denby(ban. 86 W.W.I,*the an,horn Hokalcia 10 Kaiak*on bolls IOW of the friandakca' Ilighwy,frova Urban . l.
29,fradosignate the area who @4 0..Hf.o kw MA hoot low Dern*Urban So Medan Density V. Expand.Madium Denby and Law Density Urfacm to Orchordn .. '
. Urban
' '87.Redasionab Konica Poito hotn lbs.19°Moo . '
•
30.how in low Drab Urban dasignalion ounnunding Hanoi°,town,bad sada and wool oh4,. St Redesigns,the wa Innioan Keathou and line*on both WA off.o Alasakhoa Fighwd Fn.
Hawn If Highway,by conwing Urban Eapanalw Extensive and Imensived Arial**SoLon Density Medium and law Nada,urban b°War& - ...
Uri., - • V .,
go*wt.*ib wo Wow tionda and*4_a Wei of de SOO'Wool.From Ordwit end
31.Expand dm urban knit of Hondas to.In a windy&Won by cern...Ong*end*crofxdoneire . Es.**Agriculture to Urban Exparaion. •
Agriculture to Urbart Fsponsion. -
90 Debi.de Urbon Espana.dnignallim Wow 14011.0andUnlash"wind of the Manselaina •
NORTH KOHAL4 DISTRICT . •
• Hatrway,and win as ExtraiveAgriculturt,mid Orchard,
•
32.Redrignata 6.,ow anSal MA Mingoand Wad al the Govenbant Main Rood from low Dens* 91.Rathbortom 0.moo bevreart Ma and Kalsmolarroll Harneasadt,nada.1 6..lower Generroner,
Urban to W.*end Extend*Atrial ,
". . ' Moire Rood fn.low Donley Urban to Wank ' . _
539
.... ....•
•
- .
. . . . _. . . .... . . . - •
r .
1 .
•
•
-__ 32.R.denipAe b ono eat d P&G Wage and maid ddr Ce..rn..ret Man Revd horn lar Dwdh01.Rednip.ene dr a..v between Elea and Kdaooko tai Hain.M.a14...aika d dr(ewer Gor....e.wr
Urban b InAn..ln end Extern..Armour.. Moire Rood,Fon,lar 0we lr Urban lo Oahordm '
3.1.Ddb M Urban Expand.d.dp.Mlan d Nebula bole make and metra of the Gar.rro.rad Main 92.R.dogrd.the ono baa...Ked and Honmw,on both dd.of M Morale oo 1Ydn+q,hear
Rood.and retain a.Imensiww.d Ex.Iwdre Apiokiw. Melo..and lav Gerdy Urn.. d.
b O.cM.
34 R.dwlpn.rii.arm on be moil+at.m tib of Kopoar Warp.hem Urban Eopanioa.MMeffe anal 93.R.dnip.am be Kook.aq,on bale Nide.dt.Marda/so°H ..00y,from Medium and Lor Owa+E
hnniw Armors.to Lex D.nly Urban. Urban b Orchard.
•
35.Reddr.nb be ono b tlw sod of Kaman Wogs from Nendn tad Edwin Apkollwe to Mechum 94.R.d.Jgno.be KIM am,en bob olden of be Momddoa Highway,ham Loa Den*Urbain lb
Dwaly Urban. Ede..Apia Awe. .
36.D. .be U..!
labarmen deigned.In be Ky..wdylrian.MEI area and robin n Intend.and .
b4eismden Agakd.w. KA'U 011lt1CT "
37.Caw.m dr one bola...Had od 1lan.eb.olo..mei.of dr liew14.411 Road by nede.iRl.l.p95.R.akeip.aie no Urban Es ow4..d ign:Ilion■o•v.od•0 Medelw to Extension Aa.ioA.oa
Mw.taaura Erenudw Apk.Awburban Eepa.olen. 9AR.ddp.owana..aemu.al Nadelwa town hem .o.hand.and E....Aged and Orden to '
33 AWellaUdfon 9...IandenhndlenbMeMda
Howl Rood d moan of ka lhrel-P Aillecland Low DenaU%A....ry ..
~On°.Mend.Aged/tura 07.Redesign.on ono an dr wader..We d r.Nedelw leemold d the Mordahm M✓'w ay,horn i .
JO•
.Rededr.abbmddJbdHeedMKp.Fm.
eUAa l.gemlar.F.nnw.arra Ertw..M Apbdbwb Eotensire Agncubw and Above%Urban.Expand.b low Dandy Urban desirrea. ..
low Dern.Urban.
' 40.Redesipnd.t earea an Ihe wed ib d Hod Wog.and en be naked dM dM Akei Pole Highway
01.RMenigce.r llr area o Hobopo Fon R..ert'Opw.
hem Mn.ai ed ArlaAur te Urban un nduyr
po . 99.Remte dJ.rago.
r rur.al . akadth.Mardao,.Htgnw.y,horn lar Orally Urban le Medium ' .
41.Red dgnale M woo an Am ed side d Wage, K.
Had 0e, .skit*of dr Up.M ran read,ln... Dern.Urban.
Wden.hre Ar onk.to low Denary(Adan. 100.Rederrdr R..Mdit,ane,moan of dr Moo do oe Highway,Fan law Drank Urban In
42.R.dwgole be ane mold of Ow Akan PM.Highway.In the elegy el fhb Upolu road read fro.. On. '
keens.Apk.Aue le Medium thereby Udo.. I 101.Debi.be Ude.,Expend.d.olp.eden arnamdng rehab and,Mol.a Wend.and Extend.
•
43•1114•119"..M area of al ..
Kabala and Kale .sel.ndng Faro Mord d Nil.Mglwry Iowan*de
Iowe Apiculture . •
cool been EMre4.ApiadMan b Urban E.pe...n.. 102.R.dedgnate 0.e Low Owdh Urban denlr.don milk.make olde of Nab le blond.Ark.....
44 R.ddgr.aM o one w1R.Ila kakis Rand.Prided,opproonentoly midway 6.w.on d..Mod auk.
Hig.wey and be Kobuk Mountain Road,Fan K.M.dr AgOoMe.e b urban Erp..J...• MAI LEGEND
'45.Rearm.nr be ane d Wein,edendta.g hon dee Abed Pula Highway brads dr cod.Fob
103.Th.Allem..Urban Extortiondwgdnr.b.MM.d'lFban.Expansion'and redefined le Md.
Menthe*Octobers!.Medium Cindy Urbane High Md..earlier 1Mrnity Urban ca end Of LM..onlnl and Opp..dedgmdbn. •
SOUTH SOMALI DISIKIR .
d6.Niulpole dr wee Women the Hw4.e.fakir and dr Nord.Kebda-Snit.Kdde ban.dory, ('IndceM thot.M 'p.e du..k.roll.a:.pen.b yiw.wd A..oa.wd.nwd.odeOed M IM Cara iE .
make d dr Mood 161.H Cwni bdwrn1v C....!A.pn....1
Highway, EMw..w Agrk.M anal Ula..Eooadvru b law Deed"Urban. 11 Aeneede d.b d.•• ".dant roar..and Holords Map.nada.needy cnnonaed bdflre And p.opand '
47.KedmiroM the tart b...dr Hendon frkh and the 14mb keFah-SoAh Koh*boundary, rood orsinnunis
.40..Alford PulelOplmvey,harm Open In Urban E.pan.lan. Carpis d the droll( wed Mon and IUPAC Map are on Fla n be oWa.el be Mow.,Deportment In be
41.RAdolreAdrenabard.w..MdmFu. c.ad..dNaok.ocukh.aaAod K..mow Pule MgoE. Canny Milting d 25'open:Sheet Hie.Hawaii.ad n dr Haw.Cally Swam Down Managing - ,
rem Urban.E.poaian In h.d..o t • • Director'.01F.in Kri.',.ton oafre ..kr Hord,opopn . during oboe hanow Copie.el the daft
40.Rearmy.otedwwmbMweenMakeroodldold IfenelmWolk mabo...Mai rd.lOg. .. General Plan ad LUPM,Mopnoy oho be pudnrd Fern the Planning Depatnwd
Fant Ryton F.pa...n soMed...Dents,Ud.o. n.drab Gena an..inducing maxim sell b.be subject of pubic hearing oa.d.Md by due Mondry
so.'Weirdo liming Ww.r.MaskirWdandliookooGkkmakeidMdiedroleMglnnp Co......nook*edid Ism been p.Md.ed.
hen.CAen In lo.Andy Urban. Al cameras ball be lied web do Manning Ca.endbn before In.27,1917,a in peon of dr polo
51.Eer.d dr U.ba.l!rpor.l..dwydon oeJw d llw..lr in a aorduwd.ly diadem by aawwirq • .
•
bre e,ARAar.r.b Oboe,E.pwden. . PLAPMNGDRECTCR
52.Web the fhb.Gpadwn dad den en b.idenn old of dbl ..end Mob on brad. ARaw.Lane Lynn. .
Agethenne. . (Fb.1740 Wed Hawaii iadep Main,19071
•
i
(Example of . illegibility '
of issues . )
540
1
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TESTIMONY
TO: HAWAII COUNTY CIDER COMMISSION
FROM PUNA COMMUNITY COUNCIL
RE: STRUCTURE OF COUNTY GOVERNMENT
After examining the present County system and the proposed County
Manager system, Puna Community Council recommends retaining the present
Mayor/Council plan because we feel that the present system best preserves
the checks and balances which protect citizens against exploitation and offers
the best range of opportunities for citizen access to County government.
Puna Community Council points out that the present system requires that
the Mayor as well asthe Council must stayin touch with political reality
tY
through the election process and that this is beneficial to the electorate.
With a manager, once he or she has been hired by the Council, there
may not be an opportunity to "live" in the various communities which comprise
our island. Moreover, there is a possibility of the manager and Council
becoming "cozy" and for the Council to rely too heavily upon the.expertise
of one person instead of becoming educated on the issues themselves and
conducting broadbased discussions within the County districts.
We feel that if changes are made in the structure of County government,
those changes should strengthen the checks and balances between administration
' and council. Charter language at the present time gives the Mayor power to
transfer funds and this has potential for abuse, or for expenditures without
full discussion. It is our contention that this can be addressed in the
Charter without changing the basic structure of government, a drastic remedy
which is not nccded at this time.
Submitted by Phillips
Philli s
Don Jacobs
Ginny Aste 94, S7 5 C/
EXHIBIT B Richard Hahn
541 C(23• pages)
h� " 72' 7
TESTIMONY
TO: Hawaii County Charter Review Commission
FROM: Puna Community Council
iu : Change in Date for Submission of Budget to County Council
•
Puna Community Council would like to offer its support for One of the
suggestions given by Council Chairperson Russell Kokubun to this body.
Puna Community Council concurs with Mr. Kokubun's suggestion that the
budget be submitted to the County Council by the Administration by March 1
instead of May 1.
We feel this would give the Council more time to consider the budget
and although final figures are not available from the State Legislature
by that time, estimates can be made on previous years' totals and adjustments
made when those amounts are known. It is our view that this change would
increase public participation in the budget process by allowing more time
for comparison between budgeted amounts in various departments and actual
community needs, as well as facilitate discussions on a district and community-
wide basis with appropriate council people.
Submitted by: Ron Phillips
Don Jacobs
Ginny..Aste .
Richard Hahn
•
542
?
TESTIMONY
TO: HANAII COUNTY CHARTER REVIEW COMMISSION
FROM: PUNA COMMUNITY COUNCIL RE: Gender Neutral Language in Charter
Puna Community Council would like to recommend and support.the suggestion
that the language of the present County Charter be examined to detect and correct
references which are meant to include.wnmen as well as men, but which are
phrased in a gender specific manner. We have attached a list of some of
the references which need revision.
We recommend that instead'bf "he" or "him", .the word-"person", a noun or the
title of a position be used, in order to avoid language which excludes women
or which evokes male imagery. Traditional sex-role stereotypes conveyed in
language have been effective in shaping public opinion of women's career efforts,
even though some progress has been made through laws which address discrimination.
Gender neutral language promotes conceptualization of role models of both
genders and encourages children of both sexes to "see" and "hear" themselves
in a wide variety of occupational groups even though the participation of
one gender is minimal at present, e.g. , women in engineering, men in nursing.
Language which is gender neutral invites women and men to participate
equally in government institutions and community activities described in
our Charter. •
Submitted by Ron Phillips
Don Jacobs
Ginny Aste
Richard Hahn
543
•
•
• 17 17 ç
•
J.1.1 JO Sty v.:, s i71•PLIPLY.1 gi 01 0 1.1-1..11.r.:72111. 17,-
J ay .Ju E:[14 444..11 c:[14 [ -. [
{•J ay .4 o s s 41.pfellira• 1‘.e) 2-2[
•."ay os pi 41,4•11 sty ...9„.2.Plec-k,eJj9,Z.PZ./.1121.1/8 H z
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J Ji: pi 41,1i, s t.7•• ) )
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01 J ;141 13.4.e14 [[el;s I -0[ uotpaf.; !.14. ;3U epio3oE.:iii pau J 01103 u o 1.1.e Ei t.[qo 1.eawO
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:o4 ;314 1 Aey [[el.!sJoi -ct •i -2
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aDVIIDNITI =EN IISCINED ,1331.11d al, sld..)NVHD CE-43-SMDfIS
'IIDNflO LINflO VNfld O MOKLISZI, .01 InICICINEKEIV
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Practical Guide to
. g
Manning the space shuttle, manning the phones, showing
sportsmanship, practicing penmanship, doing a man-sized job . . •.
• . . . that is the language of a male-centered culture. Such language does not
adequately serve our changing society. Women are demanding to be accepted
• and understood as members of the human species. Women•are demanding that •
"' communications between .people be clear and accurate. And language is.•
changing, creating new words that can change our culture, our society, our'
•. humanity. Although this. Guide is not comprehensive, it offers suggestions for•
those who are striving for equality as well as clarity in language. .
• The use of man or mankind to represent humanity collectively •• layman layperson,•nonprofessional
Is ambiguous since it Is not clear whether ft means men only or modern man • • modern humanity
includes women. It Implies that the entire species Is male.Sug •
-
gested alternatives: PRONOUNS. The masculine pronoun "he" falls to represent
Example Alternatives the female half of the human species. Shown below are sug-
man's achievement human achievement gested solutions. They have been applied to the sentence,
mankind humankind, humanity "Everyone is expected to do his job well."
manmade synthetic,manufactured,artificial
manpower • human resources, work force, staff • • Pluralize to avoid gender specific pronoun:
manned space flight human, with crew, staffed, piloted• • "The employees are expected to do their jobs well,"
unmanned space flight ...,...mission controlled, without crew,
unstaffed, unpiloted a Rewrite the sentence without the pronoun:
man-hours work hours "Everyone is expected to do the job well,"
• manhole conduit, sewer or drain hole (opening)
man the phones staff,operate • • Use double pronoun construction:
man-size sizable,big,large
brotherhood of man • human community "An employee is expected to do her or his job well."
common man average person ............ _. ,- Use they as singular-with-Indefinite pronouns:
family of man human race,civilization
goodwill to man goodwill to people "Everyone is expected to do their job well."
(often used in speaking and informal writing)
545
4-7 .
4: .... ..,.- •f:-pro..._ „ .-,. , ...:. b .. - 77,731=s=
Most occupational and public office titles date from a time when only men performed these Jobs. Contemporary women are in-
voked In all occupations,making sex-labeled titles discriminatory.Occupational titles should describe the job and not the person
doing the job.
Example Alternatives Example Alternatives
•
airline steward, -ess flight attendant salesman sales representative, salesperson
alderman '' ward representative, aldermember . spokesman spokesperson, speaker
anchor man .anchor person,news anchor TV cameraman, -girl camera operator
businessman business person workmen workers
chairman chair, head, chairperson weatherman, -girl weathercaster, reporter,
committeeman committee member meteorologist (if applicable)
congressman, representative, member of Congress
councilman councilmember
craftsman crafter, artisan Neither sex has a monopoly on lobs or the designations that go
draftsman . drafter, designer with them:
fisherman fisher, angler • Example • Correct Designation
foreman supervisor, superintendent .
handyman odd-job worker lady doctor doctor
journeyman (certified crafter) specify: woman lawyer lawyer
carpenter, metalworker, etc. male nurse nurse
landlord owner • meter maid traffic officer
lineman '' line installer, line worker female surgeon surgeon
mailman mail carrier housewife homemaker
maintenance man maintenance worker
newsboy newspaper carrier, newspaper vendor There are only two jobs that are gender specific. As attorney
newsmannewscaster, reporter. Florynce Kennedy points out, "Neither sex has a monopoly on
policeman police officer jobs .'. . except in the case of wet nurses and sperm donors."
When the description involves titles, jobs and marital status, ."FEMININE"SUFFIXES. Most English agent-nouns which sig-
treat women and men in parallel manner: nify the performer of an action have common gender and can
Example Alternative be used for a person of either sex. Feminine gender suffixes
man and wife husband and wife such as -ess, -trix or-Ine often imply that the feminine gender
James Jones and Mrs. Jones James and Mary Jones Is a substandard variation of the masculine.
Dr. John Jones and Dr. John Jones and Example Correct Form
Mrs. Mary Smith Dr. Mary Smith or actressactor
(both are doctors) Drs.John Jones and Mary Smith authoress author
"Man" In the middle: There are some compound words with executrix executor (administrator)
the syllable "man" at the center. Here are some alternatives: governess instructor
heroine hero
craftsmanship craftship, artisanship hostess host
sportsmanship fair play,sportship poetess • poet
penmanship script, handwriting priestess priest
workmanlike skillful, well executed ' waitress waiter (server)
Some phrases exclude females by assuming that all readers
or listeners are males. Write and speak to Include both sexes The suffix-ette Is a diminutive signifying imitation(flannelette),
when applicable: small size (dinette) or less important(operetta)and should not
black tie gala .semiformal • be used to refer to women. Use the main form for women and
convention goers and convention goers and men. - .
their wives their spouses
you and your wife you and your spouse bachelorette bachelor,single
farmerette farmer
Gender specific words that Imply males only when females also majorette drum major
are Included: suffragette suffragist
cityfathers usherette usher
city leaders
forefathers forebears,ancestors
founding fathers founders,colonists
gentlemen's agreement informal,honorable TITLES MISS, MRS. or MS. While the titles Miss and Mrs. originally
freshman first-year student' were used to distinguish female children from adult women,the mean-
bachelor's degree . , undergraduate degree ings have changed throughout the years and the titles have become
' master's degree graduate degree labels identifying marital status: Mrs., distinguishing married women,
and Miss,applying to unmarried adult women as well as children. The
Gender specific words that convey myths and attitudes rather
than promote honest communication: dissatisfaction of many women with this labeling system led eventually
to the use of Me.as a title analogous to Mr.
lady luck • luck
old wives'tale supertitious folklore The American Heritage Dictionary defines Ms. as"a title of courtesy
woman's intuition intuition, hunch used before a woman's surname or before her given name and surname,
master bedroom largest without regard to her marital status."
tomboy active child If awoman has a professional or academic title,it takes precedence over
maiden name birth name,surname a social title,i.e.Professor Jane Roe or Jane Roe,Ph.D.rather than Ms.
maiden voyage first,premier Jane Roe.
546 -
7
TESTIMONY
TO: Hawaii County Charter Commission
FROM: PUNA COMMUNITY COUNCIL
RE: Addition of Language in Charter to allow creation of a municipal
utility district
The Puna Community Council will be testifying in November against the
proposed rate increases in utility costs on the Big Island. The Council
feels that there should be separate entities for utility management on each
island to prevent HEI acquisition and development financed by consumers which
results in rate increases.
Puna Community Council presents the following proposal which would
facilitate the creation of a consumer-based utility entity with locally
generated policies. Rate setting would remain with the Public Utility Commission.
PLEASE SEE ATTACHMENT'
It is our understanding that the creation of an Energy Commission
may be accomplished on the State level. If this is the case, Hawaii County
would already have a framework to support that effort.
If the Charter Review Commission is not ready at this tine to accept
the suggestion of an Energy Department, language which would accommodate
but not require creation of an entity to deal with the concerns ,of energy
resources could be added to the Charter so that such an entity could be
created in the future.
Submitted by Ron Phillips
Don Jacobs
Ginny Aste
Richard Hahn
547
•
. � .
COUNTY CHARTER
•
DEPARTMENT OF ENERGY (New Department}
Section xx-1 Organization. There shall be a department of energy consisting of an energy
commission,a manager and the necessary staff.
Section xx-2 Energy Commission. The energy commission shall consist of nine members
who shall be appointed by the mayor with the approval of the county council in the manner
prescribed in Section 13-4. Commission membership shall be representative of the community
and of the geographical areas of Puna, Ka'u, Kona, Kohola, Hamakua and Hilo with two members
from Puna and not more than two from any of the above geographical areas. The manager of the
department of energy, the planning director and the chief engineer of the county or their
designated representatives shall serve as ex-officio members of the energy commission without
power to vote. The energy commission shall:
(a) Adopt rules and regulations which shall have the force and effect of law relating to the
development of energy resources and the transmission and distribution of electrical energy
over,across and under the County of Hawaii.
(b) Have the power to establish and/or manage,control and operate an electric utility as a
consumer cooperative to generate,transmit and distribute electric energy throughout the
County of Hawaii.
(c) Adopt an annual operating and capital budget for the department, subject to the hearing
and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or otherwise,and to
sell, lease or otherwise convey real property in the name of the energy commission.
548
9
(e) Have
theowe
p r to build, purchase or contract for electrical generating, transmission
and distribution facilities or services.
(f) Have the power and the authority to issue revenue bonds or otherwise obtain financing
in the name of the energy commission.
(g) Have such other powers and duties as may given or directed by the mayor and approved
by the county council in conformance with law.
(h) Be structured end shall operate in conformance with the state plan and the state
energy commission, in the event that a state level energy commission is established. •
EXCEPTION: If a consumer cooperative electric utility has been established and is operating
prior to the establishment of a state level energy commission, it will continue to operate and
the manager of the department of energy will continue to manage any such utility.
Section xx-3. Manager and Deputy Manager. The manager of the department of energy
shall be appointed by the energy commission and may be removed by the energy commission with
the approval of the mayor. The deputy manager shall be appointed,upon the establishment of a
consumer cooperative electric utility, by the manager and may be removed by the manager with
the approval of the energy commission. The manager and the deputy manager shall hold degrees in
engln::ring or business adminis-tration. The manager shall manage and control the operations of
a consumer cooperative electric utility if one is established.
Section xx-4. Energy Fund. In the event that a consumer cooperative electrical utility is
established,there shall be established a separate energy fund which shall be utilized solely for
energy related purposes. State and federal grants or appropriations,proceeds of bond issues or
other financing and revenues from operating a consumer cooperative electric utility shall be
included in the energy fund as prescribed bylaw.
Section xx-5. Administrative Supervision. The department of energy shall come under
the general supervision of the mayor.
. 549
• ADDENDUM TO TESTIMONY - PLANNING COMMISSION PUNA COMMUNITY COUNCIL Page 1
REPORT TO CHARTER, COMMISSION
0
AUGUST 14, 1989
we would like, at this time, to offer a perspective point of view from the Puna
Community Council in regards to an effort, initiated by a member of the current
county council, that will reduce the authority of the Planning Commission from a
"Policy Making" panel to a mere emasculated "Advisory" panel. It is our con-
tention that it would not be in the best interest of good government if such a
change was to occur. The following points, offered to the Charter Commission,
are submitted to support our contention:
PROS:
1. It would streamline the county government.by eliminating nine (9) ,.
members of a policy making body and .puts it, into the. hands of the
county council.
2. Control of the authority of the Planning Commission would create a
very powerful county council.
CONS:
1. Elimination of the Planning Commission would weaken the Mayor's
position since members are selected by the Mayor and must be
confirmed by the county council. It is the responsibility of the •
commission to advise the Mayor, council, and planning director in
matters concerning planning programs (Sec. 5-4.3A) . Will the
council, or does the council have time, to inform or advise the
mayor? If the county council does take over the duties and powers
of the planning commission would this create a problem in obtaining
the authority and power of the planning committee by members of,the
county council.
2. The elimination of the planning commission would eliminate par-
ticipation by the lay people of Hawaii County to participate on a
policy making board in local government. In essence, ell decision
will be made by politicians and the people will have very little to
contribute in any policy preparation.
3. Can the council take on the added reponsibility of the Special
Management Area (SMA) and Geo :Thermal permitting process in ad-
dition to the following responsibilities. (Added information of
the responsibility as described by the Hawaii Charter Commission
Sec. 5-4.3)
By contrast, the planning commission for the County of Hawaii has
been assigned by charter functions which are more than advisory only.
Section 5-4.3 of the Hawaii County Charter describes the commission
• 550
Page 2
and its functions. Included in the duties of the commission are
the following:
•
"Hear and determine appeals from the•actions of the director
on rezoning applications, and special exceptions from the permitted
uses of each district of the zoning ordinance.
Hear and determine appeals requesting variances or other
exceptions from the subdivision and zoning ordinances where, due
to special conditions, a literal enforcement of the provisions of
P
the ordinances will result in unnecessary hardship and the granting
of the variances or other exceptions will not be contrary to the
public interest."
Since Hawaii'County'scharter has given'its planning commission
authority which goes beyond merely advising or recommending action to a
decision-making body, we believe that the commission is not "advisory
only" within the meaning of the relevant statutory provision. Therefor,
in Hawaii County the appropriate authority for establishing SMA boundaries
is the planning commission.
You also expressed concern that a developers agreement might be
ineffective if the planning commission could change the SMA boundaries to
include a project•where the county had entered, into an agreement with the
developer of that project. The law relating to developers agreements,
however, provides that any local government agency or body may be included
as a party to the development agreement. If the planning commission is
made a party to the development agreement, then there should be no problem
with the SMA boundaries.
4. Would the council disband, 'or on the councils own volition, remove.
the authority from the commission?
"The council giveth and the
council can taketh back." It is our understanding, that at any
time the ,council can agree on items to be changed, they, the council,
have the power to put them on a ballot without a commission.
After reviewing the issue it is our recommendation that the planning commission
retain the status it now holds as aPolic Making"9 bo dY•
Respectfully submitted,
•
• Ralph L. Yost
Legislative Chairperson 55 1
Puna Community Council
/2
TESTIMONY
TO: HAWAII CHANTER REVIEW COMMISSION
FROM: PUNA COMvIUNITY COUNCIL
RE: INITIATIVE AND REFERENDUM
Puna Community Council is united in its support for initiative and
referendum as part of the check and balance process between elected and
appointed officials and the electorate. The basic premise which supports
the need for initiative and referendum is that you cannot have better
government with less public participation. The right to petition the •
government through initiative and referendum was placed in the Charter
•
so that as a last resort, the general public (at least those who register
and vote) could use these measures to make their case when legislators
fail to hear them. Initiative and referendum act as a pressure relief
valve and must remain in place to protect the civil liberties of our citizens.
In order to facilitate the use of this process Puna Community Council suggests
that the number of signatures required to mount an iniative or referendum
effort be reduced to seven percent of the registered voters.
We believe that keeping the possibility of initiative and referendum
viable and strong will have the effect of bringing questions abopt development
out in the open, and further encourage cooperation between county officials
and developers prior to the zoning and permitting process. The impact of
a development must be clearly outlined prior to zoning and permitting and if
this is done the possibility of an initiative is reduced because the process
provides information to the public and can be modified if public opinion requires it.
We are aware of the current State Supreme Court ruling against the use of
initiative in matters dealing with land use, and we are cognizant of the possible
losses a developer may incur in the event public opinion cancels a project
• through initiative. It is possible that limitations could be put on the
initiative (or referendum) process, but we would rather see open discussion
at the planning stage in order to obtain and assess community opinion.
552
TESTIMONY ON.INITIATIVE AND REFERENDUM PUNA COMMUNITY COUNCIL PAGE 2 (`3
Puna Community Council, consisting of more than 20 organizations,
held belief that opendiscussion (with a moderator or
is together by the
mediator, if necessary) will disclose all concerns about a project -- a hotel,
highway, school or shopping center -- in addition to concerns about land use,
water availability, desirable population growth and availability of a workforce.
The input from community discussion must have an impact on the decision to
discussion does not take
allow or disallow the project. All too often, place,
sequential plans for development increments which have far more impact than
the originalone presented to the community are disclosed after the zoning
has been changed and the permits allowed. Initiative and referendum are
the only remedy which can then be used, sometimes with detrimental results.
Even so, we support the retention of initiative and referendum in our Charter.
One final comment. In the most recent County initiatives, the nuclear
free referendum and the Hapuna initiative, we believe the process worked exactly
in the way it was supposed to, but many voters were concerned and confused
by the wording on the ballot and did not know which way to vote.
Puna Community Council and other citizens' groups would like to suggest that
those submitting the ballot action be allowed to choose _
whether the action they desire would require a "yes" or a "no" vote.
We would also suggest that voter pamphlets be available prior to and at the
polls which would clarify the wording and set out pro and con arguments
for voter edification.
Submitted by Ron Phillips
Don Jacobs
Ginny Aste
Richard Hahn
553
1755
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ADDENDUM TO TESTIMONY PUNA COMMUNITY COUNCIL
ARTICLE XI INITIATIVE AND REFERENDUM
Section 11-2_ Limitations to Powers_
t si riteyr&fete 457'1}
Anti initiative or referendum petition%which would require public funding or an increase in public
funding shall be invalid unless it contains specific provisions for public funding.
{.cre} vaktiheinim ettreRiag eremmte : ; Voters shall have sixtu (60dans maximum after
a subdivision or zoning ordinance has been adopted to submit a referendum petition. Subdivision
and zoning ordinances can not be superseded bu initiative.
{herr7yergti°roJ.en'yo!ar'.r:?i 3/a/2} Voters shall have one (1! gear after the adoption of a general
plan to submit a referendum petition. Voters mag submit an initiative petition to amend the
general plan and/or the general plan review process at anu time.
•
555
• /
TESTIMONY
TO: HAWAII COUNTY CHARTER REVIEW COMMISSION
FROM: PUNA COMMUNITY COUNCIL
RE: ARTICLE V
NOTICE OF PUBLIC HEARINGS.
PLANNING DIRECTOR DUTIES
PLANNING COMMISSION TO SCHEDULE, ADVERTISE AND HOLD PUBLIC HEARINGS'
WITH A MODERATOR
GENERAL PLAN DEFINITION,PURPOSE AND AVAILABILITY, WORKSHOPS AND HEARINGS
GENERAL PLAN AMENDMENTS BY COUNCIL, PLANNING DIRECTOR.OR CITIZEN PETITION
In suggesting the following changes to Article V of the County. Charter,
Puna Community Council seeks to strengthen citizen participation in the process
of government by requiring increased notice and publicity of public hearings.
We seek to clarify the duties of the Planning Director and incorporate .,
under the direction of the Planning Director the implementation of a general
plan for the County of Hawaii.
In addition to notice and publicity of public hearings, we would suggest
the addition of a moderator to planning conanission public hearings, since it
extremely difficult for the chair of the commission to participate in the
hearing and keep order. Polarization occurs often when a neutral person is _
not present to help set the rules for hearings, limit speakers to agreed upon
times and remind all participants to show respect for each other:
As the Charter is now written, there is no definition of purpose for
the General Plan included, nor is there a clear statement of the process by
which the plan may be amended. Puna Community Council went through a year
of research on the plan, fully expecting to testify on the full scope of .that
research at hearings held in the district. Instead, testimony was limited
to amendments on the plan because of the way in which the process now operates.
We hope the sections submitted here today will be seriously considered so that
the process is clearly outlined in the Charter. ' ,
556
Submitted by Ron Phillips
Don Jacobs
Ginny Aste
Richard Hahn
ADDENDUM TO TESTIMONY OF PUNA COMMUNITY COUNCIL
/
ARTICLE III LEGISLATIVE BRANCH - COUNTY COUNCIL
Section 3-11. Ordinances. {.4ee eh.`ll (1)}
(i) Evert'ordinance shall'be construed in accordance with the constitution and laws of the state of
Hawaii and this countu charter.
Section 3- 16. General Plan. The county council shall adopt by ordinance a general plan in
compliance Section 13-28 of this countu charter. {Strieoat the kileficeof
thrs oargrep. lx1coled iI?Mho 1:471713-?d}
(a)
(b)
{! retell (c) . old mope to Jew 5ectioo 13-?9}
(c)
(d) -------
(e)
-----{e} '
(f)
(g)
(h) ,
( )
77
Section 14-2. Standards. It shall constitute a conflict of interest for any employee or officer
of the county to;and no emplouee or officer of the county shall:
Lse ale rl
^, i,,, Section 15-1 (b) tve444,, A percent of the registered voters of which not less than
one percent shall reside in each of the geographical areas of Puna. Ka'u. Kona. Kohala. Hamakua
and Hilo.
{Add-new (c).}
(c) Bu a majority of the voters as set forth in Section 1S-3. Mandatory Charter Reviews.
ARTICLE IX PROSECUTING ATTORNEY
Section 9-4 {,rain} (q) Enforce and prosecute violations of county ordinances.
ARTICLE XIII GENERAL PROVISIONS
Section 13-1. Definitions.
(q) "Encumbered or unencumbered" mean funds that are or are not committed.
(h) "Moderator" means a person who is trained in the skills and is knowledgeable of all the rules
requi red to effectivel a moderate public heari nos.
(i) initiative"is a process whereby a specified minimum number of voters sign an initiative
petition to have an ordinance placed on the ballot for approval or rejection bu the voters.
(I) "Referendum"is a process which allows voters to acceptor reject an ordinance adopted big the
county council. A specified minimum number of voters must sign a referendum petition
requesting that a particular ordinance be either repealed or referred to the voters in order to have
the referendum placed on the ballot.
557
ADDENDUM '10 TESTIMONY OF PTJNA. COMMUNITY COUNCIL /
ARTICLE V EXECUTIVE BRANCH - THE MAYOR AND STAFF AGENCIES
CHAPTER 4 - PLANNING DEPARTMENT
Section 5-4.2 - Planning Director shall:
(a) Serve as the chief planning officer and administrator of the planning commission
(b) Prepare a general plan and amendments thereto in compliance with Sections 13-28& -29 of
this countu charter to guide the long range comprehensive development of the county4district
districts: .
•
Section 5-43 - Planning Commission shall:
(a)
(b) Review the general plan,its amendments and other plans and modifications thereof;schedule.
advertise and hold public hearings conducted bu a moderator;and transmit such plans with
recommendations thereon through the mayor to the council for consideration and action.
(c)
(d)
(a)
(f)
(g)
(h) . Notice of in a•each daily newspaper
Section 13-28. General Plan. The general plan shall be construed in compliance with Tne
constitution and laws of the state of Hawaii and the state plan and shall contain a statement of
development objectives,standards and principles with respect to the most desirable use of land
within the countu for residential, recreational.agricultural,commercial, industrial and other
purposes which shall be consistent with proper conservation of natural resources and the
preservation of our natural beautu and historical sites:the most desirable densitu of population in
the several parts of the countu:a sustem of principal thoroughfares, hiahwaus,streets, public
access to shorelines,and other open spaces;the general locations, relocations and improvement of
public buildings,the general location and extent of public.utilities and terminals,whether
pubiiclu or orivatelu owned,for water,sewers. light, power, transit,and other purposes;the
extent and location of public housing projects:adequate drainage facilities and control;air and
water gualitu standards; permitted levels of pollution;and such other matters as mau promote or
assure beneficial social,economic and environmental conditions and trends and shall be designed to
assure the coordinated development of the countu and to promote the general welfare and
prosperitu of the people. •
•
558
ADDENDUM '10 TESTIMONY OF PUNA COMMUNITY' COUNCIL I CI
GENERAL PLAN (Continued)
•
•
•
The general plan shall be subject to a mandatoru comprehensive review once everu five (5) [jeers
and the planning director shall have an updated draft general plan reedu for public hearings bu the
fifteenth dau of Jul u of each calendar near divisible bu five. Public input shall be taken at
hearings and in writing bu direct submission from September fifteenth through Januaru fifteenth
of the following near. The public hearings shall be advertised three weeks in advance i n all
'newspapers of general circulation in the countu and the hearings shall be held within sixtu daus
after the planning director's recommendation.
Copies of the draft general plan shall be made available to the planning commission, the council.
all executive branch staff agencies and the public at least ninetu daus prior to the first scheduled
public hearing. .The cost to the general public for copies of the general plan shall not exceed ten
cents per document page nor Two dollars per large map page. Copies shall be made available to anu
communitu organization representing more than one hundred people at no cost. { This is is
escsursertie wiersi Amine is vert throw/Yr Met t csmmusit y srrssizstie }
• Workshop meetings shall be held bu the planning commission for communitu leaders in a least
three separated locations around the countu at least fortu five daus prior to the first scheduled
public hearing. The purpose of these workshop meetings shall be to explain the desired format for
written testimonu and explain the reasoning behind recommended changes in the general plan. The
press should be invited and encouraged to attend these workshop meetings.
The countu council mau hold interim public hearings and shall thereafter have the opportunitu to
recommend revisions bu resolution.
The final draft of the general plan.incorporating recommendations of the countu council,the
planninq commission and the public which were found to be acceptable bu the planning director,
shall be submitted bu the mauor to the countu council on or before the following Februaru
fifteenth for approval or amendment. The council shell adopt the general plan bu ordinance on or
before the thirty first dau of the following Mau. If it fails to do so.the general plan submitted bu
the mauor shall be deemed adopted bu the council. Upon adoption of the new updated general plan it
shall be known thereafter as the "Hawaii Countu General Plan and the preceding general plan shall
be abolished.
559
ADDENDUM TO TESTIMONY OF PUNA COMMUNITY COUNCIL
AMENDMENTS TO GENERAL PLAN
Section 13-29. Amendments to the General Plan. Amendments to the general plan mau
be initiated as follows:
(a) Bu the countu council or the planning director.
(b) Bu petition signed bu not less than one hundred voters registered in the past two general •
elections with at least ten of the petitioners residing in each of the geographical areas of Puna,
Ka'u, Kona. Kohala, Hamakua and Hilo.
(c) Bu petition signed bu all of the owners and lessees of a specific parcel or group of contiguous
parcels of real estate and filed with the planning director along with a One hundred dollar filing
fee. Such a petition shall be limited to the amendment of the land use pattern allocation maps as it
pertains to the subject real estate. The planning director mau specifu the form and content on the
petition and mau require a specific environmental impact statement. No such petition mau be
processed in conjunction with the comprehensive review.
(d) Upon receipt of a properlu filed petition for amendment,the planning director shall have
ninetu daus to studu it and recommend approval or denial in writing.
e) Copies of the proposed amendment along with the planning director's recommendation shall be
made available to the planning commission,the countu council,all executive branch staff agencies
and the public at least 30 dans prior to a scheduled public hearing. The cost to the general public
for copies of the general plan shall not exceed ten cents per document page nor Two dollars per
large map page. The public hearing shall be advertised three weeks in advance in all newspapers
of general circulation in the countu and the hearing shall be held within sixtu dans after the
planning director's recommendation.
(f) The proposed amendment alongwith recommendations of the planning director and the
planning commission shall be submitted bu the mauor to the countu council within thirtu dans
after the public hearing and within thirtu dans thereafter the countu council shall adopt or denu
the requested amendment bu ordinance. ,
(q) lithe proposed amendment is denied bu the countu council,the same or a substantiallu
similar proposal bu petition mau be denied bu the director of planning. •
560
•
, ,2
TESTIMONY
TO: HAM.= COUNTY CHARTER REVIEW COPMMIISSION
. FROM: PUNA COMMUNITY COUNCIL
RE: ARTIC F X - FINANCIAL PROCEDURES
Puna Community Council.would .like .to offer the following changes .
to the County Charter which we feel would. clarify the intent of the section
' and increase public participation 'in the budget process,.
We are particularly concerned,.that copies of budget documents and
commentary.be made available at:: low cost to interested citizens.
In addition, our experience in -the past year with the public hearing
process leads us to believe that additional efforts must be made by the
County to publicize these hearings and that emotional outbursts are fewer
and outcomes are more understandable when these hearings are moderated. •
We have a number of agencies to which we could turn for moderators. Many
individuals on this island have taken training in mediation. Polarization
often occurs at hearings where voting members of boards or commissions,
the mayor or the council, attempt to keep order and participate in the hearings.
A moderator or mediator who sets up the rules and holds participants to them,
helps everyone get the most'from the process and insures that a wider spectrum
. of people is heard.
Submitted by Ron Phillips
Don Jacobs
Ginny Aste
Richard Hahn 561
1
ARTICLE X FINANCIAL PROCEDURES ADDENDUM TO TESTIMONY OF PUNA COMM. COUNCIL
Section 10-1.
9-1
Section 10-2.
(a)
(b) .
(c)
(d) .The mayor shall at the same time make available copies of the proposed
budgets,the programs and accompanui ng message for distribution-to interested persons at not
more than ten cents per page.
Section 10-3.
Section 10-4. Operating Budget and Capital Budget: Notice and Hearing. A public
hearing conducted bu a moderator shall be held on the operating budget and capital budget prior to
adoption on or before June i of each year •. •• - .•: • '_ - :: : : - ••': . • • At
this hearing ail persons interested shall have an opportunity to be heard. At least three two-weeks
before the hearing,the county council shall publish i n all -a-newspapers of general circulation in
the county,the general summaries of the operating budget and capital budget and a notice setting
forth the time and place for public hearing thereon and for their consideration by the council.
Copies of the proposed operating budget and capital budget shall be made available to concerned
parties at not more than ten cents per page.
Section 10-5. Operating Budget: Council Action.
Section 10-6. Capital Budget and Capital Program: Scope; Council Action.
(a)
03)
(c)
(d) .
At any time during the fiscal year,the council, by ordinance adopted by the affirmative vote
of at least two-thirds of the entire membership, may amend the capital budget for that year. A
public hearing conducted bu a moderator shall be held on proposed amendments to the capital
budget prior to adoption. At this hearing all persons interested shall have an opportunitu to be
heard. At least three weeks before the hearing the countu council shall publish in all newspapers
of general circulation in the countu the proposed amendments to the capital.budget. In amending,
the council shall request and consider, but need not follow,the recommendations of the mayor and
the public as to the proposed amendment.
Section 10-7. Budgets: Public Records.
Section 10-e. Appropriations: Supplemental and Emergency.
Section 10-9. Appropriations: Reduction and Transfer. . {Caa1d
reh.vrc dfareeritu}
Section 10-10.
•
Section 10-1 1.
Section 10-12. Special Funds. {Needs to.ee/eririee'orc let } ?? ??????
Section 10-13.
562
Section 10-14.
(d) The advertisement for bids shall be made asufficient-{leepee:7 T..'time before the
purchase
025(Additional Testimony)
TO : HAWAII COUNTY CHARTER REVIEW COMMISSION
FROM: PUNA COMMUNITY COUNCIL
RE: Change in Method of Election of County :Council
Puna Community Council is in support of a change in the method of
electing County Council members and we will be suppying Commission members
with supporting information regarding our suggestion within the next two
weeks.
Basically, what we propose is that Council members run from their '
districts in the primary election and at-large in the general election.
We believe that this would make campaigning easier and require council
persons to increase their familiarity with problems in the district in
which they reside. In the primary election , new candidates as well as
incumbents could appear more frequently in their districts and concentrate
their efforts on information gathering from constituents. Travel time
and cost would be centralized and perhaps reduced. In the general
election , all County Council candidates would run at large, campaigning
in all districts and networking with constituents in all districts to
formulate answers to community concerns on an island-wide basig.
Puna Community Council 's major purpose in bringing testimony to
the Charter Review Commission has been to convey our concern that
county government be increasingly open to citizen involvement.
This split-level proposal for election of County Council members combines
the best features of the present system and the suggestion that single
member districts be established.
Ron Phillips 563
Don Jacobs
Ginny Aste 935-7257
Richard Hahn 965-9869
/9&ell-fil
TESTIMONY
TO: Hawaii County Charter Review Commission
RE: Addition of Language in Charter Which Would Require No More Than a Bare
Majority of One Gender on County Appointees to Boards, Commission and Committees
My name is Ginny Aste and I am here on behalf of the American Association of Uni-
versity Women, Hawaii Island Chapter of National Organization for Women and the
League of kbmen Voters whose local, division or national officers have taken a
position in favor of adding language to County Charter and state legislation which
requires appointment of no more than a bare majority of women and men to boards,
commissions and committees.
Our Charter specified at present that appointments must be made so that one
political party does not predominate, so that there is representation from the
various geographical districts on our island and an effort has been made to
include appointees which represent diverse ethnics groups. However, the current
• Charter does not require equal representation from the group which cuts across
ethnicity, political persuasion and geography, and which comprises over half of
our island's population -- women.
In reveiwing the records of mayoral appointments under the present administration,
of the 22 existing boards, commissions and committees (one is about to be appointed) ,
six would comply with the "no more than a bare majority" requirement if it were
in effect now. Several are badly out of balance with either a preponderance of
male appointees or a preponderance of female appointees. Those which feature a
large number of woman appointees are the committees which are traditionally seen
as dealing with "women's concerns" -- Committee on the Status of Women, Committee
on Children and Youth and Committee on the Handicapped. Those which deal with •
concerns which are viewed as traditionally "male" (Veterans Affairs, Emergency Medical
Services, Salaries, Transportation, Water) have an out of balance number of male
111
appointees.
EXHIBIT C
564 (12 pages)
r sitions
conscious or unconscious, there seem to be underlying e
Whether y g P
or, Ill/ assumptions which tend to exclude consideration of and search for women as
amp
potential appointees. We invite you to look at the list of appointees which
is attached and we acknowledge that the record of this administration is better
than that of the past two administrations.
In the past, women's organizations have requested lists of vacancies on boards,
commission and committees. They have distributed applications to their members
and have also submitted lists of women to be contacted.
THIS HAS NOT ACHIEVED GENDER BALANCE IN THE APPOINTMENT PROCESS.
After looking over data available from present and past county administrations
it is our opinion that the best way to achieve equality in the appointment process
is to put the requirement in the Charter as has been done in three states, Kansas,
Florida and Iowa. We sUhmit copies of language used in legislation from these states.
IIAny language used in our Charter could be written so that it would not require
resignations from any current appointees.
Although the number of women in elected office increases each year, we have
only a few women on City and County Councils, even fewer in our State legislatures
and only a handful in our national Congress. When research was done on the .
backgrounds of women who have been successful in their bids for public office, it
was found that among women officeholders 55% of state senators, 42% of state .
representatives, 41% of county commissioners and 36% of county council members
had previously served on boards and commissions and considered those appointments
as a major factor in their political success. The appointment to boards and
commissions has always served as a training ground or "stepping stone" for men.
We would like to challenge this Commission to offer women the same training
ground opportunity by placing a requirement in our Charter that appointments
111/. include no more than a bare majority from each gender. 565
111/ We have followed with interest the suggestion that the Hawaii County
Charter language be reviewed and changed to reflect gender neutrality.
We agree with that suggestion and include information concerning substitutes
for gender specific words, replacing then with position titles, pronouns or nouns
which include both genders or adding the word "she" where the word "he" is used.
We invite you now to go a step further, to read and discuss the proposed
language which would require a balanced number of appointees from each gender
and to include language which would convey this intent to, our Charter.
In closing, we would like to point out that gender balance and not
gender dominance is what we have in mind in bringing this proposal before you
and we believe that that is also the intent of the present administration.
However, if a woman were to be elected to the office of Mayor of our county,
1111 there would be nothing in the present charter to prevent her from appointing only
women to all of the boards, committees and commissions.
A recommendation from you to include language in the Charter which requires
no more than a bare majority of each gender to be appointed would correct out-of-
balance situation we have now and prevent a possible imbalance in the future.
is 566
ACTIVE COUNTY BOARDs/COMPt+ISSIONS/ADVISORY COMMITTEES
O Warren Men
Aging, Committee on . 6 12
+ Arborist Advisory Committee 2 2
Charter Commission 4 7
* Children and Youth, Committee on 5 0
0 * Civil Service Commission 3 2
Emergency Medical Service Advisory Commission 3 17
0 Ethics, Board of 2 3
Fire Board of Appeals 1 4
Geothermal Energy Advisory Commission Now being appointed
* Handicapped, Committee for the 6 4
0 Hawaii Redevelopment Agency 2 3
* Kailua Village Design Commission 6 3
• Liquor Commission 3 4
0 * Pension Board 3 2
Planning Board of Appeals 2 5
Police Commission 2 5
Salary Commission 2 7
0 Tax Board of Review 2 3
Tea Ceremony House Advisory Committee 2 7
Transportation Commission . 3 6
& Veteran's Advisory Committee 1 12
Water Commission 3 6
* Women, Committee on the Status of 7 2
0 Bare majority - would coilly with proposed charter addition.
* Majority of members are women.II 567
+ Does not include Planning Director, who is required to serve.
& Nine veteran organizations designate representatives (all male) .
While women officeholders are generally less likely than their male colleagues
to have held previous elective offices, women more often than men have had
other types of political experience.
111/ • Women across different levels of office generally have less elective experience
than men in office. However, the higher the level of office, the more
likely women are to have previous elective experience, with as few as 11%
of female local council members and as many as 47% of female state senators
having held previous elective positions.
le • Women officeholders are more likely than their male colleagues to have held
appointive government positions. Among women officeholders, 55% of state
senators, 42% of state representatives, 41% of county commissioners, and .
36% of local council members have held appointive government offices.
• Women officeholders are more likely than their male colleagues to have
worked in political campaigns before running for office themselves. Among
women officeholders, 84% of state senators, 82% of state representatives,
70% of county commissioners, and 48% of local council members had campaign
experience before they ran for office.
Women officeholders tend to have similar backgrounds.
• Women officeholders are more likely than their male colleagues to have
attended college. Among state legislators, a majority of both women and
men are college graduates.
• At least one-fourth of women and men in state legislatures have advanced
9 degrees, but women are less likely than men to have law degrees.
• About one-third of women state legislators and about one-half of women
county and local officeholders have worked in traditionally female-dominated
occupations such as school teaching, nursing, social work, or clerical work.
• Among women, 68% of state senators, 72% of state representatives, 69% of
county commissioners, and 77% of local council members--smaller proportions
than of their male colleagues--are currently married.
• Women officeholders are more likely than their male colleagues to have
grown children. A majority of the women have children who are at least
eighteen years old.
This information is largely taken from Women' s Routes to Elective Office: A
Comparison with Men's. The report is based on a nationwide survey of state
legislators and county and local officeholders in 1981. The samples include:
73 female and 68 male state senators, 447. female and 201 male state representa-
tives, 101 female and 101 male county commissioners, and 151 female and 151
male local council members. (Data on mayors are also included in the report. )
The information on positions on issues is taken from Women Make a Difference.
Both reports are part of a seven-report series entitled Bringing More Women
into Public Office. " The reports are available from the Center for the American
Woman and Politics.
0 568
6/84
"Bringing More Women Into Public Office" is a project supported by a grant from the Charles H. Revson Foundation.
•
'MALICE THREE IIT Et T �
, .000
STEP THREE - GENDER BALANCE LEGISLATION - STATE OF IOWA : •
IIIIowa's "50 States Project" report (February 1984) , which reviewed sex
discrimination in the _ Code of Iowa, • addressed equity - ' issues in
appointments. It did not, however, recommend legislative 'action; because
the "pool of professional women eligible for appointment was increasing"
and because "strides toward' equity" had been and were being made. In the
1986 session of the General Assembly several legislators did urge gender
balance requirements, but were unable to secure the necessary votes to
get the bill out of State Government Committee. ' " - -
In 1986, advocates were successful is enacting the following statute: .
Ve,.., 3.r r,•;i . 1:: : V.i__:::..: _ _ x_ , .. _ '.,` 1 is 1'.?ccq f. i,t
1986. Code of Iowa. 69. 16A Gender Balance. {
It is a policy of the state of Iowa that
all boards, commissions,
committees and councils shall reflect, an much aa . possible, a gender
balance. If there are multiple appointing authorities for a board, •
commission, or council, they shall consult each . other to •avoid a
violation of this section.
Judicial Nominating Commissions were a unique challenge, since the
elected attorney members were typically male and the Governor-appointed •
lay members (recently .women) usually deferred to the attorneys. To
address this problem, a Constitutional Amendment (later changed to a
IIIstatutory bill) was introduced into the General Assembly requiring' gender
balance on Judicial Nominating Commissions.
The Governor of the State had an enviable record of more than 50* of new
appointments being women. Not• all boards were balanced, however, • and
when two men were appointed to the Board of Regents in - the'siring' of
1987, legislators reacted quickly , -(as did the media; see editorial
series) . The bill under consideration to require gender balance on
Judicial Nominating Commissions was amended so that 'it would mandate
gender balance on all boards,' eliminating the discretion in appointments
which had been allowed by the "as much as possible" exception of the 1986
statute.
. • ' - . .. . -. . . : f .... .�: A .1 . :•�
1987. Code of Iowa.- .1,..,d !,In It.:=:; =- . .. .>�, 1 ;:, ':-
46. 1 Appointment_.of State Judicial Nominating Commissioners . .
,; ,.. . .No more_• than; a..simple ma jority. of the members , appointed; shall .be of
the same gender. . .ipa;-,1,
:,.,,4 _,46. 2 $lection of-;T_,tate.- Judicial,,,Nominating_:Commieeionerea.o:.��• ,`,, ' ,o 4
: r. . . ..For, . thrst; °elect iye term.,;open_:oo°or:�after July.-1 _ 1987 j ^:in-Ythe
odd-numbered
fibered dist.riots,,; , aleot : nesber -�;:b
shell e a onh anC4n the
even-numbered districts the elected member Shell be a -man. ,Thereafter,
the districts shall alternate between -women an'd nen' elected aemb``e're ..-.
S+• " >'f .. .. .. p.:'S. l„r � - Y '.. '+'�'V'�' '�EkMio it'.�t��1 n"i�ih 4�e T fa�.k%.. - d
46. 3 Appointient'"' f 'Di.ife ct Judi .:toat�iatTng Chew a'e1oer*T ;=.�Jy �.tx = °-' -L'-
. . .No more than:_a. simple..majorityr.of .the_ .commissioners, .
ppo n.ted;:'"shall-7 :._•
111
�-
be of the same gender. ��
•
• 569
'• :t•�. -•;,. • . .,, .A 1 i:;, 'W'�' ,<9 AS't '.1. 1.}..fJA ' .K'3' 1 Y, .+/' i
. - .... � �.;i ?�^t�.". s _....,.^� P.:�,..t,ops. ��"� Y--,��-hh�`k�.,; t., ;.;.y�r :y d<.�,+�:n t`�,'-;J{";�' 'zf.�'r'i,F.,;
ctwruariV 011. L NU.
By
•
0!
AN ACT concerning appointments to certain state governmental
bodies; relating to gender of appointees. ^�
Be it enacted by the Legislature of the State of Kansas :
Section 1. (a) It is the policy of this state that
appointments to boards, commissions, committees, councils or
other state governmental bodies, established by Kansas ^* atute,
should be made in such a manner that the gender of appointive
members of each such body is represente of the gender of
persons in the population served by such body. Except as
otherwise provided by law, no appointment shall be made to any
such body unless the appointment advances such policy to the
11/ greatest extent possible. If it is not reasonably feasible to
determine the population served by a body or the gender of
persons in such population, it shall be assumed that there are
equal numbers of males and females served by the body. If there
are multiple appointing authorities for a l'ody, such appointing
authorities shall consult each other to avoid a violation of this
section.
(b) Violation of subsection (a) constitutes willful
misconduct in office and, as such, is grounds for a quo warranto
action or an ouster action, or both.
Sec. 2 .. This c:t shall take effect and be in force from and
after its publication in the statute book.
11/ 570
A
(
�- 1 1
x
t0 Ci b:1 �ttl'�� • r
f.r` ^p ,
\,
111 36-20-89
1 A bill to be entitled
2 An act relating to the membership of
3 statutorily created boards, commissions ,
4 councils, and committees of the state;
5 declaring state policy with respect to the
6 gender balance of the membership of such
7 bodies ; prohibiting the appointment or
8 reappointment of a person to such a body if the
9 appointment or reappointment would cause the
10 number of appointive members of that body who
111 11 are of one gender to exceed a certain number ;
12 providing exceptions ; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida :
16
17 Section 1 . ( 1 ) It is the policy of this state that
18 the appointive membership of each board, commission , council ,
19 and committee of the state established by statute be balanced
20 by gender unless otherwise provided by the statute
21 establishing the board, commission, council, or committee . A
22 person may not be appointed or reappointed to a statutorily
23 created board, commission, council , or committee of the state
111
24 if the appointment or reappointment would cause the number of
25 appointive members of the board, commission, council , or 571
26 committee who are of one gender to be greater than the number
27 � equal to:
28 (a) One-half of the number of appointed members of the
29 board, commission, council , or committee plus one if the
30 statute establishing the board, commission, council , or
111 31 committee provides for an odd number of appointed members; or
36-20-89
1 (b) One-half of the number of appointed members of the
2 board, commission, council , or committee if the statute
3 establishing the board, commission, council , or committee
4 provides for an even number of appointed members .
5 ( 2 ) If there are multiple appointing authorities for a
6 board, commission, council , or committee , they shall consult
111 7 each other to avoid a violation of subsection ( 1 ) .
8 Section 2 . This act does not prohibit a member of a
9 board, commission, council ; or committee from completing a
10 term being served as such member when this act takes effect;
11 and no person appointed to a board, commission, council , or
12 committee before the effective date of this act may be removed
13 from office solely for the purpose of meeting the gender
14 requirements of this act .
15 Section 3 . This act shall take effect upon becoming a
16 law.
572
S
28 ('a) One-half of the number of appointed members of the
29 board, commission, council , or committee plus one if the
30 statute establishing the board, commission, council , or
31 committee provides for an odd number of appointed members; or
111
36-20-89
1 (b) One-half of the number of appointed members of the
2 board, commission, council , or committee if the statute
3 establishing the board, commission, council , or committee
4 provides for an even number of appointed members .
5 ( 2) If there are multiple appointing authorities for a
6 board, commission, council , or committee , they shall consult
111 7 each other to avoid a violation of subsection ( 1 ) .
8 Section 2 . This act does not prohibit a member of a
9 board, commission, council'; or committee from completing a
10 term being served as such member when this act takes effect ;
11 and no person appointed to a board, commission, council , or
12 committee before the effective date of this act may be removed
13 from office solely for the purpose of meeting the gender
14 requirements of this act .
15 Section 3 . This act shall take effect upon becoming a
16 law.
573
A y '
TESTIMONY before the CHARTER REVIEW COMMISSION, August, 1989
Representing the position of the American Association of Univer-
sity Women is Dorothy Doudna, Legislative Chair.
SUBJECT: GENDER PARITY ON BOARDS AND COMMISSIONS
Our County Charter, as it is presently worded, requires that
Boards and Commissions be filled in away that "no more than a
bare majority of one political party" shall sit on any one Board.
This was done in the interests of fairness, so that the system
would not become a one-party structure.
The American Association of University Women is now asking
that the Charter contain similar language with regard to gender:
"No more than a bare majority of men or of women should sit on
any one Board or Commission. " (If you dislike -the word "bare, "
we could substitute "simple. " )
We ask this in the name of fairness, mindful of the fact
that in past years, representation of women on such bodies has
been so small as to constitute "tokenism. " The current
administration has done much better than previous administra-
tions. The fact remains that some of the Boards are almost all
male, probably for no particular reason.
We call to your attention that such provisions for gender
parity are becoming common nationwide. There may now be more,
but there are at least three states, Kansas, Florida, and Iowa,
that require gender parity on state boards and commissions.
I am sure that I do not need to remind the present Commission
that in American society today women are just as well educated,
and certainly as intelligent, as men. Women's experience in the
574
1
worlds of business, government and academe, was, in the past, not
as extensive as men' s. Today, all that is changing. With the
women of Hawaii working outside the home in ever-increasing
numbers, in business, government, social services, in libraries,
hospitals, and in education, including university campusses, it
is simply OBSOLETE and ARCHAIC not to have gender parity on
county boards and commissions.
The excuse that women do not apply for these positions is a
lame one. The usual procedure is that individuals arecontacted
and asked to serve. There are just as many women available to
serve as men. We are simply not going to accept tokenism any
longer.
Thank you!
575
2
League of Women Voters of Hawaii County
P.O. Box 665
Hilo, HI 96721
16 August 1989
Charter Review Commission
County of Hawaii
Re: Gender Parity on Boards and Commissions
Dear Commissioners:
At our annual meeting in April, the League of Women Voters of Hawaii
County adopted the following position concerning gender parity on Boards and
Commissions:
The League of Women Voters of Hawaii County believes that Boards and
Commissions should be comprised of not more than a bare majority of
members of one gender.
The League is dedicated to informed and active participation of
citizens in government. Study has made it clear that serving on boards is an
excellent way for citizens to gain the expertise and exposure to move into
elected offices or other government service, where women are presently
underrepresented.
Until women are earning comparable wages, and moving equally and
comfortably in positions of government power, gender parity on boards and
commissions should be mandated by law. Please add this clause to our County
Charter in fairness to women who are capable and ready to serve, and in
fairness to men who need the expertise of the underrepresented majority of
our citizens.
Sincerely,
EXHIBIT D
(3 pages)
576 Susan Irvine, Co-president
Teresa Nakama-Bellah, Co-president
League of Women Voters
Hawaii County
P.O. Box 665
Hilo, HI 96721
16 August 1989
Charter Review Commission
County of Hawaii
Re: Initiative
Dear Commissioners:
Earlier this year, the League of Women Voters of Hawaii County
adopted the following position concerning citizens's rights to initiate
legislation:
❑ The League of Women Voters of Hawaii County supports initiative for all
issues as stated in our present County Charter.
❑ We support reducing the number of signatures required to validate an
initiative petition from 15% to 10 % of those who voted for mayor in the
previous election.
In addition to adopting the above position, the League had additional
concerns which your commission may wish to address.
❑ How can initiative petitions be worded on the ballot to comply with legal
requirements as well as being understandable to voters? The most recent
example of this problem was in November when one had to vote "yes" to say
"no" to a hotel at Hapuna (and vv/ss versa).
❑ We would like to see a publicly funded mailing prior to elections listing
the pros and cons on ballot issues, and including a facsimile of the ballot
with a clear explanation of the consequences of a yes or no vote.
577
P
❑ Discussion was held on the issue of-why-one must get petitions notarized
before turning them in to the County Clerk. We found this requirement
redundant as the County must verify the validity of the signatures once they
are delivered to the Clerk.
Sincerely,
Susan Irvine, Co-president
Teresa Nakama-Bellah, Co-president
578