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CHRISTOPHER J. YUEN HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET AT HILO,HAWAII 96720 ATTORNEY AT LAW TEL.(808)935-4429 January 15, 1990 Hawaii County Charter Commission 101 Aupuni St. , Suite 235 Hilo, Hawaii 96720 Re: Absences and Vacancies in Boards and Commissions Dear Charter Commission Members: At our last meeting I was asked to provide some background and to make suggestions concerning the issue of absences and vacancies on county boards and commissions. We have had testimony that absences and vacancies have impaired the functioning of some county boards and commissions. Absences are difficult to control through charter language. The members of boards and commissions, serve without compensation. Some of the boards have extremely active schedules (for example, the planning commission. ) Generally, the individuals appointed to boards and commissions are also activein other community endeavors and full attendance can be onerous. It is difficult to think of any sanction for non-attendance other than removal. At present, a board or commission member may be removed by the mayor with the concurrence of the council (Haw. Cty. Charter §13-4 (b) ) . It might help control absences if the chair of a board or commission were required to report to the mayor if a member missed a certain number of meetings (for example, three consecutive meetings) , and if boards and commissions were required to submit an annual report of attendance to the mayor and the council. At least the appointing authority and the policy-making body would then be aware of an attendance problem, and could take action if necessary. The possibility of public embarrassment might be a powerful incentive for board members to avoid absences. At present, positions on boards and commissions become vacant upon the expiration of the term; members do not hold over. Haw. Cty. Charter §13-4 (d) . Vacancies should not be a major problem, except possibly during a period of transition between two administrations. Most vacancies occur when a board member's term expires. The mayor must be aware when the terms are expiring and plan to send names to the council for confirmation in advance. However, when a new mayor is taking office, there are many appointments to be made, and it may take more time to fill the boards and commissions. One can imagine two basic reasons for a delay in filling a vacancy: the mayor failing to make a nomination on time, or the 788 EXHIBIT C (3 pages)