Loading...
HomeMy WebLinkAboutMIN CHC 1990-07-11 CHRISTOPHER J. Yu EN HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET \ LAW HAWAII 96720 ATTORNEY AT LAW TEL.(808) 935-4429 FAX(808) 935-1844 • July 2 , 1990 Hawaii County Charter Commission 101 Aupuni Street, Suite 235 Hilo, Hawaii 96720 Dear Commission Members: The purpose of this letter is to serve as a brief introduction to some of the agenda items to be considered at the July 11 Commission meeting. Agenda Item 5: Nonpartisan election of prosecuting attorney. The prosecuting attorney has proposed that the election for the office be nonpartisan: i.e. that there be no party designation. If the Charter Commission decides to adopt this suggestion, we must also decide on an electoral format. In the City and County of Honolulu, which has a nonpartisan election for prosecuting attorney, all voters who come to the polls at the primary are given a ballot for prosecuting attorney. If no candidate receives a majority of the votes (which may happen if 411 there are more than two candidates) , the two candidates with the most votes compete in the general. If one candidate gets a majority in the primary (as did Keith Kaneshiro in the 1988 election) , he or she is elected outright. The objection sometimes raised to this procedure is that many voters only vote at the general. The alternative is to have a single election at the general in which the candidate with the most votes wins. In this case, if there are more than two candidates, the winner may not have a majority. Agenda Item 6: Council voting. The purpose of this agenda item is simply to ratify the proposed Charter language implementing the Commission's decision at the June 1 meeting that the number of votes needed remains the same even if there are vacancies on the Council. Please see attachment "B" to my letter of June 20, 1990. Agenda Item 7: The Commission had not finished deciding whether to establish some kind of special procedure for clear ballot language on initiatives. Please see my letter of June 20, 1990 for the California procedure. Also, the Commission must ratify the language for the time in which signatures are valid. Please see attachment "A" to my letter of June 20, 1990. Agenda Item 8 : Board of Ethics. On confidentiality, please • see my letter of May 22, 1990. On "standards of conduct, " please see Fred Giannini's letter of April 26, 1990. The present EXHIBIT A 915 Charter §14-2 (c) is confusing, and the language proposed by 111 Corporation Counsel would be an improvement. The thrust of the present §14-2 (c) is that an officer or employee who has personal interests that may be incompatible with his or her official duties should divest himself or herself of those interests. This may not be practical. The personal interests may not create a conflict unless some special circumstance arises: for example, you sit on the Planning Commission and your neighbor puts in an application to operate a rock-crusher. The revision proposed by Corporation Counsel makes it clear that when there is a significant conflict, the individual should not take "official action" : for example, should refrain from voting. Agenda Item 9: The Commission has been asked to review the Charter provisions concerning the disability of the mayor: §13- 1 (f) (8) ; §5-1.5, and §5-1. 6 . Agenda Item 10: It was proposed that if the single-member district council is adopted, that all boards and commissions which presently have nine members be changed so that one member must reside in each district. This would affect the Planning Commission and the Board of Water Supply. If the Charter Commission adopts this change, we must establish a procedure for phasing in the change because the present Board members may not live in the right areas. The procedure could be that as vacancies occur, the mayor would be required to fill the vacancy from any district which is not represented. • Agenda Item 11: Tax Board of Review. There is at present, a Tax Board of Review which is established by ordinance. I have attached a copy of the ordinance. It could be placed in the Charter; I do not see any difference if it continued to exist only by virtue of an ordinance. Agenda Item 12 : County employees' eligibility for elective office. The Board of Ethics asked for clarification on this issue. There is, at present, no legal prohibition against county employees running for county elective office. As a practical matter, I do not see how someone could be a county employee and hold a county elective office at the same time. Agenda Item 13 : The Commission needs to clarify whether deputy directors will be required for all Charter departments, or just for managing director and finance. Agenda Item 14: Salary Commission. This is a technical matter: in addition to the change we have adopted, the reference to the salary of the mayor being established by ordinance (§5- 1. 3) and the salary of the prosecuting attorney by law (§9-3) should be deleted. 111 -2- 916 Agenda Item 15: Another technical item. The purpose of the ill amendments concerning the mayor's office and of §4-5 (a) was to clarify that the civil service status of certain positions is as defined by State law: i.e. they are defined as "exempt. " However, an unsophisticated voter might read the language we are proposing to mean that they will become civil service positions. Therefore, I would propose slightly different language. Agenda Item 16: For initiative and referendum petitions, we voted that the signatures are valid if the signatory was a registered voter when the clerk began counting. Should the same clarification be made for recall petitions? Agenda Item 17 : Bob Shioji asked that the Charter contain an explicit clause that there shall be no election if the vacancy occurs less than sixty days before the primary. This is implicit in the language we adopted at our June 1 meeting. Agenda Item 18 : Veto of budget. The Charter Commission has been asked to consider the short time frame which the Council has to veto the budget. See page 845 of the materials for a suggestion from the Finance Director. Agenda. Item 19 : Please see my other letter dated July 3 , 1990. Yours truly, 411 KX4,:, , Christopher Juen Enclosure CJY:yt 411 -3- 917 • Sec. 19-95-19-97 Section 19-95. Small claims. Any protesting taxpayer who would incur a total tax liability,not including penalties and interest,of less than 51,000 by reason of the protested assessment on payment in question, may elect to employ the small claims procedures of the tax appeal couri as set out in section 232.5,HRS.(1981,Ord.No.613,sec.99.) Section 19-96. Appointment, removal, compensation, There is created a hoard of review for the County which shall consist of five members who shall be citizens of the State and residents of the County, shall have resided at the time of appointment for at least three years in the State, and shall be appointed by the mayor and confirmed by the council as provided by Charter.A chairman shall be elected annually by members front the membership.The vice chairman shall serve as the chair- man of the board during the temporary absence from the County,illness, or disqualification of the chairman. Any vacancy in the board shall be filled for the unexpired term as provided for in the Charter.Each member may receive and be paid out of the treasury compensation for his services for each day's actual attendance and his actual traveling expenses. No officer or employee of the County shall be eligible for appointment to any such board.(1981,Ord.No.613,sec.100.) Section 19.97. Board of review;duties,powers,procedure before. (a) The board of review for the County shall hear all disputes between the director and any taxpayer in all cases in which appeals have been duly takers and the fact that a notice of appeal has been duly filed by a taxpayer shall be conclusive evidence of the existence of a dispute; provided that this provision shall not be construed to permit a taxpayer to rf dispute an assessment to the extent that it is in accordance with his return unless he shows lack of uniformity or inequality as set forth in section 19.93. (b) The board shall hold public meetings at some central location in the County commencing not later than April 9 of each year and shall L/ hear,as speedily as possible,all appeals presented for each year.The board shall have the power and authority to decide all questions of fact and all • questions of law,excepting questions involving the Constitution or laws of the United States,necessary to the determination of the objections raised by the taxpayer or the County in the notice of appeal;provided,that the board shall not have power to determine or declare an assessment illegal or void.Without prejudice to the generality of the foregoing,each board shall have power to allow or disallow exemptions pursuant to law whether 524 • • .1 • 918 • • Sec.19.97 or not previously allowed or disallowed by the director and to increase or lower any assessment. (c) The board shall base its decision on the evidence before it, and, as provided in section 19.19, the assessment made by the director shall be deemed prima facie correct.Assessments for the same year upon other similar property situated in the County shall be received in evidence upon the hearing.In increasing or lowering any real property assessment, the buatd shall be governed by this chapter, The board shall file with the director its decision in writing on each appeal decided by it, and.a certilied copy thereof shall be furnished by the director forthwith to the taxpayer concerned by delivery thereof to him,or by mailing the copy addressed to his last known place of residence or business. (d) Upon completion of its review of the property tax appeals for the cunrcnt year,the board shall compile and submit to the mayor and the council, and shall file with the director for the use of the public,a copy of a report covering such features of its work as,in the opinion of the board, will be useful in attaining the objectives set forth in this chapter.In this report the board shall additionally note instances in which, in the opinion of the board,the director,in the application of the methods selected by him,erred as to a particular property or particular properties not brought before the board by any appeal,whether the error is deemed to have been by way of underassessment or overassessment. Before commencing this phase of its work the board shall publish,during the first week of September a notice specifying a period of at least ten days within which complaints may be filed by any taxpayer.Earls complaint shall be in writing, shall identify the particular property involved,shall state the valuation claimed by the taxpayer and the grounds of objection to the assessment,and shall be filed with the director who shall transmit the same to the board. Not earlier than one week after the close of the period • ;I allowed for filing complaints, the board shall hear the same, after first giving reasonable notice of the hearing to all interested taxpayers and the direcwr. Like notice and hearing shall be given in order for the board to include in its report any other property not brought before it by an appeal, The board may proceed by districts designated by their tax map designation,and may from time to time publish the notice above provided , for as work proceeds by districts. • (c) The director,in the making of assessments for the succeeding year,shall give due consideration to the report of the board made pursuant to subsection(d). 525 • • • 919 Sec.19-98-19-99 (1) The board and each member thereof in addition to all other powers shall also have the power to subpoena witnesses,administer oaths, examine books and records,and hear and take evidence in relation to any • subject pending before the board.It may request the tax appeal court,to order the attendance of witnesses and the giving of testimony by them, and the pioduction of books, records and papers at the hearings of the board.(1981,Ord.No.613,sec. 101.) Section 19-98. Tax appeal court. An appeal to the tax appeal court may be filed by a taxpayer or the director as provided in sections 232-8 to 232-14,HRS and sections 232-16 to 232-18,HRS. Appeals to the state supreme court shall conform to sections 232 to 232-21,FIRS.(1981,Ord.No.613,sec.102.) Section 19-99. Appeal to board of review. The notice of appeal of a real property assessment must be lodged with the director on or before the date fixed by law for the taking of the appeal.An appeal to the board of review shall be deemed to have been taken in time if the notice thereof shall have been deposited in the mail, postage prepaid, properly addressed to the director,on or before such date. The notice of appeal must be in writing and any such notice, however informal it may be, identifying the assessment involved in the appeal,stating the valuation claimed by the taxpayer and the grounds of objection to the assessment shall be sufficient.Upon the necessary infor- mation being furnished by the taxpayer to the director, the director shall prepare the notice of appeal upon request of the taxpayer or County and any notice so prepared by the director shall be deemed sufficient as to its form. • \t The appeal shall be considered and treated for all purposes as a general appeal and shall bring up for determination all questions of fact and all questions of law,excepting questions involving the Constitution or laws of the United States, necessary for the determination of the objections raised by the taxpayer in the notice of appeal.Any objection involving the Constitution or laws of the United States may be included by the taxpayer in the notice of appeal and in such case the objections may be heard and determined by the tax appeal court on appeal front a decision of the board of review;but this provision shall not be construed to confer upon the board of review the power to hear or determine such objections. Any notice of appeal may be amended.at any time prior to 526 • • . • . IP 920 • CHRISTOPHER J. YUEN HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET HILO,HAWAII 96720 ATTORNEY AT LAW TEL. (808) 935-4429 FAX(808) 935-1844 July 3 , 1990 Hawaii County Charter Commission 101 Aupuni Street, Suite 235 Hilo, Hawaii 96720 Re: Form of Ballot and Voter Education Issues Dear Commission Members: I have enclosed with this letter a draft of a possible "Charter Amendment Ballot Pamphlet" of the proposed changes which have been approved by the Commission to be placed on the 1990 ballot, together with an attempt to show what a ballot- might look like, with possible ballot questions. I prepared this for you to serve as a basis for the Commission's discussions about what should go on the ballot, how the ballot should be worded and divided, and how the ballot issues should be explained to the voters. It is not meant to be final. I want to consider some of the language further, and I would like to hear comments and criticism from the Commission. Under the charter, the Commission must publish "a brief digest of the amendments or charter and the purpose thereof and a notice to the electorate that copies of the amendments or ,charter are available at the office of the county clerk. " §15-3 . I would suggest that the Commission publish something like the Ballot Pamphlet to be the "digest, " with any necessary revisions or changes, to fulfill this charter requirement. I would also suggest that the pamphlet be placed in each voting booth, and that the ballot incorporate the pamphlet by reference. It is not possible to give a reasonably full description of the proposed charter changes on the physical ballot itself. By having the booklet in- the booth, interested voters will be able to find out the basic substance of the proposals.. Finally, the complete text of each change should be available at each polling place. We probably shouldcoordinate the publication of the amendments we propose with the publication of the amendments proposed by the council-. The charter is a bit inconsistent on the publication requirements for amendments proposed by the council versus amendments proposed by the Commission: the charter requires the publication of the complete text of council sponsored amendments, while it requires only the publication of a '-., digest of the amendments proposed by the Commission. It seems to • g p P EXHIBIT B 921 • me that there would be less voter confusion if the proposed amendments were published together. The council could prepare a • digest of its amendment, which could be incorporated into the newspaper publication and the pamphlet. Because the complete text of the council's proposed amendments must be published, it might be a good idea to also publish the complete text of the Commission's amendments. I have had preliminary discussions with • the county clerk about coordinating the publication and publicity, and I am fairly confident- that we will be able to' work together effectively to avoid voter confusion as much as possible. The Commission had also`- discussed the possibility of a mailing to voters. The pamphlet could be the basis for such a mailing. I have been told that the cost of a mailing to all voters would be about $6, 000 • for mailing alone. The Commission must decide how the various proposals will be presented to the voters. It is legally permitted to lump together a number of different subjects into a single proposed amendment. In Kahalekai v. Doi, 60 Haw. 324, 337 (1978) the Hawaii Supreme court considered a challenge to certain constitutional amendments based on, among other factors, the fact that one of the ballot questions contained two separate subjects. The court held that a single constitutional amendment could cover more than one subject or purpose, as long as there was no express requirement in the law that it encompass only one subject. The same should be true for charter amendments; there is no express requirement in the charter that the individual amendments consist of a single subject each. You will note. that in the "ballot" I prepared, there are a number of different subjects which are joined in a single amendment (Proposals 8 and 9) . The alternative is either to have very many ballot questions (possibly in excess of twenty-five) or to choose not besubmitto the voters many of the changes which the Commission haspreviously voted to recommend. If we do have ballot questions which encompass a number of subjects, we must decide how much information to give on the ballot itself. The. draft ballot I prepared attempts to give a brief description of each change. This results in a fairly lengthy ballot. The alternative is to. simply say something like "Should Proposal 8 be adopted? Please refer- to the -Ballot Pamphlet for a summary of -Proposal 8 . " • The division of subjects into various proposals which. is contained in the attachments, to this letter is only one of the possible ways of grouping them together. Based on the previous discussions we have had, I believe there is a consensus among the commissioners that the amendments which might be more controversial, or which propose more extensive- changes to the • -2- 12a. charter, ought to be offered to the voters separately, and that the others should be grouped together on the ballot. I must 410 emphasize, so that there is no confusion, that the present attachments are a draft. We cannot yet say that single-member districts, for example, will be "Proposal 1" on the ballot. In all of this, the overriding goal is to help the electorate understand the changes which are being proposed, and to make sure that the form of the ballot enables the voters to express their desires. I am soliciting comments from various people about the ballot language and the digest, and I hope that the members of the Commission will assist me in preparing the ballot and accompanying materials toward this end. Yours truly, • Christopher J4tuen . • Enclosure CJY:yt 410 • -3- 9a3 CHARTER AMENDMENT BALLOT PAMPHLET INTRODUCTION The county charter is the document which sets out the form of your county government. A number of amendments have been proposed to the county charter. You may vote on these proposed changes at the general election on November 7, 1990. If a majority of voters vote in favor of the amendment, it will become part of the county charter. At the voting booth, you will receive a charter amendment ballot with nine different questions: Proposals "1"-"9 . " If you favor theproposed change, you should vote "yes" on the, proposal. If you do not favor the change, you should vote "no. " The proposals are summarized below. ***************************************************************** 1 411 Proposal "1" Ballot Proposal "1" would change the county council to single-member districts. At present, the county council consists of nine members. Each council member is elected by the voters of the entire county. Each voter may vote on all nine council seats. Six council members must live within specific geographical districts, while three may live anywhere in the county. If Ballot Proposal "1" is passed, each member of the council would be elected from -a single-member district. There would be a total of nine districts and a total of nine council members. • Each voter would vote on one council seat. • The councilmember-would be required tolive in the district. qaa- A reapportionment commission would establish the boundaries • of the districts in 1991 and adjust the boundaries every ten years. Each district would contain about one-ninth of the population of the county. If Ballot Proposal "1" is passed, the 1992 council would be the first to be elected from single-member districts. (Amends Charter Sections 3-2 and 3- 3 , and adds a new Section 3-18 . ) ***************************************************************** Proposal ""21" Proposal "2" would amend the charter to limit the powers of initiative and referendum. At present, initiative and referendum give the voters the power to enact or to repeal county ordinances by direct vote. Voters may circulate petitions asking the county council to enact or to repeal an ordinance. If enough voters sign the petition, the county council, must do what the petition requests, or put the issue on the general election ballot. The voters then decide whether the ordinance should be enactedorrepealed. If Proposal "2" is passed, the power of initiative and referendum would be limited: the Charter would state that initiative and referendum could not be used to affect the county budget; any appropriation of money; the salaries of county employees and officers; taxation; or emergency legislation. (Amends Charter Section 11-2 . ) ***************************************************************** -2- 925,. Proposal ""3"" • Proposal "3" would amend the charter to limit the powers of initiative and referendum. If proposal "3" is passed, the charter would state that initiative and referendum could not be used to affect the zoning of land and the county general plan. (Amends Charter Section 11-2 . ) ***************************************************************** Proposal non Proposal "4" would change some of the procedures used in initiative and referendum. If Proposal "4" is passed, there would be a deadline to submit initiative and referendum petitions: May 1 preceding the next general election for initiative petitions, and June 1 for referendum petitions. Signatureson a petition would be valid if • obtained within two years of the deadline. Signatures would be valid if the signer was a registered voter at the time the petition was submitted to the county clerk. If someone wished to withdraw a signature, the request would have to be notarized. The clerk would be given additional time to verify the number of signatures. A petition would have to contain signatures equal to 15% of the number of people who voted at the last election, instead of 15% who had voted for the office of, mayor at the last election. Petition signers could use a mailing address. There would be a deadline for withdrawing a petition. (Amends Charter Sections 11-3 , 11- 4 , 11-5, 11-6, 11-7 , and 11-8 . ) ***************************************************************** • -3- 926 • Proposal It5,I 411 Proposal "5" would expand and change the powers of the police commission. The police commission is the body that appoints and removes the chief of police. If Proposal "5" is passed, the police commission would be given additional powers: to consider and investigate charges of police misconductand make a finding to the chief of police about whether there had been misconduct; to advise the chief of police on police-community relations; to review the budget of the police department; and to hire necessary staff. Proposal "5" also sets minimum qualifications for the chief of police: five years of training and experience in law • enforcement, including three years of administration. Under Proposal "5, " if the police commission wishes to remove the chief of police, the chief must be given a statement of reasons and an opportunity to respond at a hearing before the commission. The decision to remove the chief of police remains within the sole discretion of the police commission. (Amends Charter Section 7 , Chapter 2) ******************•****************************.******************* . Proposal ".6" Proposal "6" would change the county's financial procedures. If Proposal "6" is passed, the mayor would submit the . budgets to the county council by March 1 instead of May 1. The mayor could submit amended budgets to the council within ten days 411 -4- 927 of the close of the legislative session, but no later than May 5 . • The mayor would be required to notify the council of any transfer of funds within an agency or executive agency. Under Proposal "6, " the county could enter into non- advertised contracts if the amount was $8000 or less, instead of $4000 or less, and• competitive bids would be required for contracts of $1000 or more, instead of $500 or more. (Amends Charter Sections 10-2 , 10- 10- 3 , 10-4 , 10-5, 10-6, 10-9 , and 14 . ) *****************.************************************************ Proposal "7" proposal "7" would expand the powers of the salary commission. • At present, the salary commission sets the salaries of members of the county council. The county council sets the salaries of the mayor and the prosecuting attorney. If Proposal "7" were passed, the salary commission would set the salaries of the mayor and the prosecuting attorney in addition to the salaries of the council. (Amends Sections 3-4 , 5-1. 3 , and 9- 3 . ) ***.********************************************* ************* Proposal "8" Proposal "8" would make a number of specific changes to the charter. You must vote "yes" to all these proposed changes, or "no" to all of the proposed changes. The proposed changes are: - Add "environmental quality" as one of the factors to be • considered in the county general plan. (Amends Section 3-16 . ) 928 - Establish minimum qualifications of training and experience for the fire chief, managing director, planning director, and finance director. (Amends Sections 6-4 . 1, 6-1. 2 , 5-4 . 2 , and 5-3 . 2 . ) - Eliminate the responsibility for administering federal and state grants from the duties of the director of the department of research and development. (Amends Section 5-5. 3 . ) - Clarify the procedure and deadlines for elections to fill county council and mayoral vacancies. (Amends Sections 3-5 and 5-1. 5. ) - Allow members of boards and commissions to hold over for one month- after the expiration of their terms if the term expires less than one month after the expiration of the mayor's term. ® (Amends Section 13-4 (d) . ) - Require the county council to confirm or reject any mayoral appointment within forty-five days. (Adds new sub- , section. ) - Require that the repeated non-attendance at meetings by members of boards and commissions be reported to the mayor. (Adds new sub-section. ) - Require county officers to include an oath to uphold the county charter in their oath of office. (Amends Section 13-5 . ) - Requirethat all legally required notices be published in two newspapers of general circulation, rather than one. (Amends Sections 13-20 (b) and 15-3 . ) -6- • 929 - Provide that the corporation counsel take office upon 411 appointment, rather than upon confirmation. (Amends Section 5- 2 . 6. ) - Provide more time for the county clerk to count and verify signatures on petitions to recall elected officials. (Amends Sections 12-1. 3 , 12-1. 4 , and 12-1.5. )_ -Prohibit a county officer or employee from appointing a son-in-law or daughter-in-law to a position. (Amends Section 13- 10 . ) -Increase the board of ethics from five to nine members. (Amends Section 14-5 . ) - Require that there be deputy finance director and deputy managing director. (Amends Sections 5-3 . 1 and 6-1. 1. ) ® ***************************************************************** Proposal ""9"" Proposal "9" would make a number of specific technical changes to the charter. These changes are meant to clarify existing charter language, to make the charter consistent with state law or to remove biased language. You must vote "yes" to all the changes, or "no" to all the changes. The proposed changes are: - Clarify that the non-civil service status of positions in the mayor's office is determined by state law. (Amends Section 5-1. 4 (b) . ) -7- 930 - Specify that a board or commission must act by a vote of a majority of the membership to which it is entitled, unless it has only advisory functions. (Amends Section 13-4 (i) . ) - Specify that the rules of a board and commission must define a "quorum" as a majority of the members to which. a board or commission .is. entitled. (Amends Section 13-4 (j ) . ) - Clarify that new department heads take office upon appointment, not confirmation. (Amends Section 13-8 . ) - Require that the charter be written in gender-neutral language. - Change the term "twelve o'clock meridian" in the charter to "noon. " (Amends Sections 3-2 , 3-5, 5-1. 1, and 5-1. 5. ) - Delete the requirement that the county council approve 410 rules and regulations in order to conform to state law. (Amends Section 13-7 . ) - Delete references in the charter to certain powers of the planning commission in order to conform to state law. The planning commission does not presently exercise these powers becausethey are inconsistent with state law. (Amends Section 5- 4 . 3 . ) - Clarify thatthe number of votes required for council action remains the same even if there are vacancies on the council. (Amends Section 3-8 . ) - Reduce the number of members on the civil service commission from seven to five in order to conform to state law. (Amends Section 7-1. 2 . ) 411 -8- 931 OFFICIAL BALLOT 411 PROPOSED AMENDMENTS TO THE HAWAII COUNTY CHARTER VOTE. BOTH SIDES. The Charter Amendment Ballot Pamphlet in this voting booth contains a fuller explanation of each: proposal.. The Ballot Pamphlet is considered partof this ballot. The full text of each proposal is available for inspection at your polling place. If you wish to see it, ask an election official . If you favor the proposed change to the County Charter, vote "Yes. " If you oppose the proposed change, vote "No. " VOTE YOUR CHOICE ON EACH QUESTION BELOW. 410 Proposal 1: Should the countycouncil be p changed to single-member districts? • Yes * • No Proposal 2: Should the Charter state that initiative and referendum may not be used to affectspending, taxation, and emergency- legislation? Yes No Proposal 3: Should the Charter state_ that initiative and referendum may not be used to affect the zoning of land and the general plan? Yes No i 932 Proposal 4:. Should the procedures for initiative and referendum be changed? • Yes No Proposal 5: Should the powers of the police commission be changed and expanded? Yes No Proposal 6: Should the county's financial procedures be changed? Yes No Proposal 7 : Should the salary commission set the salaries 'of the mayor and prosecuting attorney? Yes No Proposal 8: Should the charter be amended to make the following changes: - add "environmental quality" to the general plan - establish minimum* qualifications for some department heads - reduce functions of the Department of • Research and Development - clarify the procedure for elections to fill vacancies allow holdovers on boards and commissions - require prompt council action on mayoral appointments - require reports of absenteeism • - require an oath to uphold the charter - require certain legal notices be published in two newspapers instead of one - allow the corporation council to take office upon appointment - give the county clerk more time to verify recall petition signatures - prohibit the appointment of certain in- laws -2- 933 e , - increase the board of ethics to nine members 1111 - require a deputy finance director and a deputy managing director Yes No Proposal 9: Should the charter be amended to make the following technical changes: - non-civil service status in the mayor's office - voting in boards and commissions - quorum requirements - appointment of department heads - gender-neutral language . - "twelve o'clock meridian" changed to "noon" - rules and regulations - clarify planning commission powers - council voting - reduce number of members of civil service commission e Yes No • -3- 934 MINUTES OF iHAWAII COUNTY CHARTER COMMISSION July 11 , 1990 I. CALL TO ORDER Chairman Bethea called themeeting to order at approximately 9 : 02 a.m. at the Parker Ranch Town Hall , Kamuela, Hawaii . II . ROLL CALL Members Robert E. Bethea, Chairman Present : Sherwood Greenwell , Vice Chairman Pamela Cushnie James O. Juvik H. Peter L'Orange Steven T. Nishikawa Aileen Lum Akira Omonaka Patricia Poppe Attorney: Christopher J. Yuen Members Francine Duncan . Absent : David Fuertes III . APPROVAL OF MINUTES Omonaka moved to accept the minutes of 4/30/90, 5/14/90, 6/1/90, and 6/22/90 meetings. Seconded by Cushnie. All were in favor and the motion carried. IV. PUBLIC TESTIMONY There was no public testimony. Mr. Bethea closed this agenda item. V. NONPARTISAN ELECTION OF PROSECUTING ATTORNEY Bethea acknowledged that he had spoken with John Ono and Mr. Ono is not pushing this item. If there is no action coming from the Commission, it will remain as it is. Mr. Omonaka moved not to change election of prosecuting attorney to nonpartisan. Ms . A.' Lum seconded the motion. All were in favor and the motion carried. i 935 VI . APPROVAL OF LANGUAGE FOR COUNCIL MAJORITY VOTING • Yuen: Explained that this was approved in principle at the last meeting. Regardless of vacancies on the council , official action will still require the same number of votes--five when a majority is required; six when two-thirds are required. Ms. Lum moved for acceptance that language of Attachment "B" of counsel ' s letter of June 20 , 1990 be placed on the ballot. Seconded by Mr . Greenwell. All were in favor and the motion carried. VII . Art. XI: POSSIBLE ACTION ON ALTERNATIVES FOR CLEAR BALLOT LANGUAGE; RATIFY LANGUAGE CHANGE FOR PERIOD THAT SIGNATURES ARE VALID. Bethea: Commission had previously voted to have period in which signatures are valid be from two years from the deadline to submit signatures. Yuen: Example, if the deadline to submit the petition was May 1, 1992 , signatures dated before May 1, 1990 would not count. Request approval of language in Attachment "A" to his letter of June 20 , 1990. Mr. L'Orange moved to approved Attachment "A" . Seconded by Ms . Lum. All were in favor and the motion carried. Bethea: The first half of this agenda item deals with whether or not there should be a committee to draft ballot language for initiatives. Previous recommendation was that we add in plain language insertion to Sect . 11-7 (b) . Mr. L'Orange: The Charter amendment pamphlet prepared by counsel is clear and easy to understand. Yuen: Commission has already recommended and passed a number of proposed changes to the procedures in Art. XI. Mr. Juvik asked for amendment to Sect. 11-3 (c) to reduce the percentage of voters who must sign an initiative and referendum petition from fifteen percent to eight percent. Ms. Cushnie seconded. Mr. Juvik feels that the percentage of voters required to initiate an initiative or referendum in Hawaii County is high by national standards . He feels that we should reduce the percentage to a more reasonable level . Omonaka: If anything is worthwhile , the public should do the work and get the number of votes required. Number of votes should remain the same. 936 Juvik amended his motion to change percentage to ten percent. Ms . Cushnie seconded the motion. A vote of 411 commission members was taken. Greenwell , Juvik, and Cushnie were in favor; L'Orange, Nishikawa, Omonaka , Lum, Poppe, and Bethea opposed. Motion failed . Mr. Yuen mentioned that it appeared that agenda had not been mailed to members of the general public who had requested them, although notice of the meeting, with agenda, had been published in newspapers. VIII. ART. XIV: DISCUSSION AND POSSIBLE ACTION ON BOARD OF ETHICS, INCLUDING CONFIDENTIALITY AND STANDARDS OF CONDUCT. Yuen acknowledged letter from Hugh Clark, Big Island Press Club, which opposed increasing confidentiality at Board of Ethics meetings. 1971 court decision requires meetings be open except when there is matters of confidentiality affecting privacy of the individual because of Sect. 13-20(b) of Charter. Question here is whether we want to amend Charter so that Board of Ethics meetings be treated differently than other kinds of meetings. Bethea: Board of Ethics procedures are exempted by State Sunshine Law. Yuen: Although county ordinance says that Board of Ethics • meetings are to be confidential , and that it is a crime for the person making the complaint to make it public, Judge Doi struck down the ordinance in 1971 on the grounds of Section 13-20(b) of the Charter and on constitutional grounds . I would have to agree that it would violate someone' s First Amendment rights if it were made a crime for somebody to tell a newspaper that he had written to the Board of Ethics with an ethics complaint . If the Commission wants to allow more confidentiality in Board of Ethics meetings , it must amend Sect. 13-20(b) . Mr. Bethea favored confidentiality in Board of Ethics meetings. Bethea: Read Sect. 14-5 (e) . It prevents disclosure of identity of person involved. Why is confidentiality limited to county employees who specifically submit a written request? Why isn' t everybody entitled to same confidentiality just because some member of the public complained? What Sect. 14-5 (e) also illustrates is that there was a contemplation of confidentiality involved in this process and that certainly didn' t happen in the Mike Luce case. I think there is a technical correction that needs to be made. 411 937 Yuen: Thinks that Sect . 14-5(e) was consciously done. Charter deliberately make a differentiation between 411 somebody who asks for opinion of their own conduct and the situation where somebody asks for an opinion concerning someone else who they think is acting unethically. Bethea agrees that is the way it reads but believes that opinion about someone else should be confidential as well . L'Orange: What about the county ordinance? Yuen: The county ordinance was declared invalid because it is contrary to the County Charter. L'Orange: I am more confused than before. Is there anything specifically which we should consider changing or not changing or to clarify? Bethea: I think Sect 13-20(b) with matters concerning personal privacy being considered, it should specifically include matters coming before the Board of Ethics alleging ethical violations. If the person being charged wants it to be confidential , it should be confidential. Ms. Poppe agrees that if it affects personal privacy, individual has right to protect it. But if ethical question concerns public activities of county officer or • employee, meeting should be open. Juvik feels that, where possible, meetings should be open. County officers should be aware of certain responsibilities. Omonaka: Moved motion that there be no change to Code of Ethics. Seconded by J. Juvik. Juvik withdrew second after Omonaka made it clear that his motion applied to all of Art . XIV. Juvik only favored keeping confidentiality the same. Mr. Juvik moved to keep Sect . 13-20(b) the same. There was no second. There was no specific motion to change Sect . 13-20(b) . With regard to Sect. 14-2(c) , Corporation Counsel made a recommendation for specific language change because language is found to be confusing. Yuen: The present language forbids you in engaging in any business transations which might impair your independence of judgment or performance of official duties. This section has been criticized on two grounds. First, it is vague. Second, it sounds as if the solution is to not engage in the personal activity. This may be impractical. Business activity may not raise a conflict 938 until the person has been serving for a length of time and specific proposal comes up which causes a problem. Fred Giannini of the Corporation Counsel office has drafted a replacement which is based on the Hawaii Revised Statute. • Basically, it states that a person is not to take any official action on any matter which he has any significant direct financial interests. If something comes up in which the person has significant financial interest , the ethical course would be to not vote. Ms. Poppe moved to adopt the recommendation made by Mr. Giannini to replace Sect. 14-2 (c) . Mr. L'Orange seconded it. Ms. Cushnie expressed concern that in some cases county employees should divest themselves of business interests that created a potential conflict as required by the present Sect . 14-2(c) . Vote on Sect. 14-2(c) . Poppe, L'Orange, Lum, Greenwell , and Bethea favored the motion. Juvik, Cushnie, Omonaka, and Nishikawa opposed. Motion failed because it did not obtain the necessary six votes. Mr. Juvik moved that Sect. 14-3 (a) be amended so that members of Boards and Commissions , as well as County Council members , would be required to declare possible conflicts of interest before voting. Ms . Cushnie seconded the motion. Vote on the motion: Juvik and Cushnie favored , all others opposed. Motion failed. IX. DISABILITY OF MAYOR Bethea: It is commonsense that if Mayor is temporarily disabled, mayor resumes his or her powers by taking any official action. Mayor does not have to sign some document taking power back from managing director. Feels no change is required. Mr. L'Orange made a motion not to change Sect. 5-1. 6 . All were in favor. X. GEOGRAPHICAL AREAS Mr. Bethea brought up the fact that the Charter treats geographical requirements for boards and commissions in two ways. Some require residency in specified districts , which correspond with the island' s judicial districts. Others mention residency in "geographical areas" of Hilo, Hamakua, Kohala, Kona , Puna, and Ka 'u. These are not defined. Apparently county practice has been to equate these "geographical areas" with the judicial districts so that someone living in North Hilo does not qualify for a Hamakua seat. • 939 Mr. Yuen thinks this was the wrong interpretation, that the term "geographical areas" was deliberately meant to be vague and inclusive. The question is should this be clarified better in the Charter. Mr. L'Orange moved that the present nine-member boards in the Charter (Planning and Water) have residency requirements following the nine single-member counclil districts if that were passed by the voters. Ms. Poppe seconded. Later , Mr. L'Orange withdrew the motion and Ms.Poppe withdrew her second. After considerable discussion, the general consensus was to make no change in residency requirements. XI. TAX BOARD OF REVIEW Mr. L'Orange moved to leave this as a matter of county ordinance rather than fix it in the Charter . The ordinance could more easily be amended. Ms. Lum seconded. All were in favor and the motion carried. XII . COUNTY EMPLOYEES ' ELIGIBILITY FOR ELECTED OFFICE Mr. Yuen explained that the Board of Ethics had asked the Commission to consider whether county employees should be banned from seeking elective office. No motion was made to act on this , and the Commission moved to the next item on the agenda. XIII. MANDATORY DEPUTIES--REVIEW PAST ACTIONS Mr. Yuen explained that there seemed to be an inconsistency in the minutes of our meetings concerning whether there should be a mandatory Deputy Director for all departments. Mr. Greenwell moved to re-affirm the discussions made to require a deputy managing director and a deputy finance director, but not require a deputy director for other departments. Funding of the deputy position for other departments would remain at the discretion of the Council . Ms . Lum seconded the motion. All were in favor and the motion carried. XIV. SALARY COMMISSION Mr. Yuen explained that to properly implement the change already approved that the salary commission set all elected officials ' salaries , Sect. 5-1. 3 and Sect. 9-3 should also be deleted. Mr. Juvik made a motion to delete these sections. The motion was seconded . All were in favor and the motion was carried. 940 XV. SECTIONS 4-5(a) AND 5-1. 4 (b) Yuen explained that the previous Commission action was to • make a very technical correction that the status of certain employees was "exempt" under civil service law, not that they are exempt from civil service law. However, the language he had previously drafted might be interpreted by an unsophisticated voter as extending "civil service" protection to these positions. He proposed adding a phrase to indicate that the status should follow state law. Ms. Lum made a motion to make the suggested change. Mr. Juvik seconded the motion. All were in favor and the motion carried. XVI. RECALL SIGNATURES Mr. Greenwell made a motion that signatures on a recall petition should be deemed valid if the signatory is a registered voter on the day that the county clerk begins the examination of the signatures on the petition. Ms. Poppe seconded the motion. All were in favor and the motion was carried. XVII . SPECIAL ELECTIONS Mr. Yuen explained that county elections officers had • asked that the Charter state explicitly that there would be no election to fill a vacancy if the vacancy occurred after the filing deadline, that is , with less than 60 days before the primary. This is implicit in both the present Charter and in the revisions already approved by the Commission. Ms. Cushnie made a motion to have the Charter explicitly state there would be no special election. Mr. L'Orange seconded the motion. All were in favor and the motion was carried. XVIII . VETO OF BUDGET Mr. Bethea discussed the meeting of the Council ' s Intergovernmental Relations Committee on July 9 he and Mr. Yuen attended. The Council Committee indicated that it would not go forward with the Council ' s proposed amendment to the standards of conduct of the Board of Ethics , and indicated that it would accept the Charter Commission' s version of Sect . 10-9 which would require only mayoral notification of intra-agency fund transfers. The Council would go ahead with its amendment on the power to contract. The Council was also concerned about the lack • of time to review and pass a budget and to override it a mayoral veto if necessary. 941 After considerable discussion, counsel was asked to suggest ways for the timetable to be speeded up so that • the Council could have a realistic time frame in which to override a mayoral veto if necessary. XIX. DISCUSSION OF FUTURE WORK Mr. Greenwell asked that the issue of the length of the county council term be placed on the agenda for the next meeting. In response to a question from Ms . Poppe , Mr. Yuen stated that the Commission had at least considered all or nearly all of the important issues brought to its attention. Mr. Yuen briefly discussed the question of lumping together ballot items, the digest/ballot pamphlet , and the form of the ballot. Mr. Omonaka made a motion that no new items be brought up for placement on the ballot. Ms. Lum seconded the motion. Motion was not formally voted on, but the general consensus was that , except for public testimony, there should be no more new items. Mr. Juvik asked if there would be any active voter education efforts by the Commission. Mr. Bethea mentioned that some commissioners might oppose passage of some • proposals. XX. ADJOURNMENT AND RECONFIRM NEXT MEETING The meeting was adjourned at approximately 12: 25 p.m. after the next meeting was reconfirmed for July 25 , 1990, in Hilo. Respectfully submitted , Christopher Counsel for Commission 410 942 CHRISTOPHER J. YUE1 • HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET LAW HAWAII 96720 ATTORNEY AT TEL.(808) 935-4429 FAX(808) 935-1844 :. July 19, 1990 Hawaii County Charter Commission 101 Aupuni Street Suite 235 Hilo, Hawaii 96720 - Re.: Ballot and Ballot Pamphlet Dear Commission Members: I have enclosed for your review and for discussion at our July 25, 1990 meeting a second draft of the ballot pamphlet and of a form of ballot. These contain a few changes to the very similar documents sent to you in my July 3 , 1990 letter. The same comments made in my July 3 , 1990 letter hold true: this is meant to serve as. the basis for discussion and it is open to change if the commission so wishes. Yours truly, 2, Christopher J Yuen 6 Enclosures CJY:jf I EXHIBIT C 943 [DRAFT 2] 411 CHARTER AMENDMENT BALLOT PAMPHLET INTRODUCTION The County Charter is the document which sets out the form of your county government. A number of amendments have been proposed to the County Charter. You may vote on these proposed changes at thegeneral election on November 7, 1990. If a majority of voters vote in favor of the amendment, it will become part of the County Charter. At the voting booth, you will receive a charter amendment ballot with nine different questions: Proposals "1"-"9'. " If you favor the proposed change to the County Charter, you should vote "yes" on the proposal. If you do not favor the change, you 410 should. vote "no. " The proposals are summarized below. - *****************************************************************. Proposal "1" Ballot Proposal "1" would change the county council to single-member districts. At present., the county council consists of nine members. Each of the nine council members is elected by the voters of the entire county. Eachvoter may vote for all nine council members. Six council members must live within specific geographical districts, while three may live anywhere in the county. If Ballot: Proposal "1" is passed, each member of the council would be elected from a single-member district. There would be 111 nine districts and a total of nine council members. Each voter 944 would vote for one council member. The councilmember would be required to liveinthe district.: A reapportionment commission would establish the boundaries of the nine districts in 1991 and adjust the boundaries every ten years.. Each district would contain about one-ninth of the total populationof the' county.. If Ballot Proposal "1" is passed, the 1992 county council would be the first to be elected from the new single-member districts. (Amends Charter Sections 3-2 and 3- 3, and adds a new.- Section 3-18. ) *****************************,************************************ Proposal u2n Proposal "2"' would amend. the Charter to limit the powers of 411 initiative and referendum. At present, initiative and referendum give the voters the power to enactor to repeal county laws, which are called ordinances, by their direct vote.. Citizens may circulate a petition which asks the county council to pass an ordinance, or, if the county council has passed an ordinance which the citizens do not like, they may circulate a petition which asks the county council torepeal the ordinance. If enough voters sign the petition, the county council must either do what the petition asks, or put the issue on the general election ballot. If the issue is placed on the ballot, the majority vote determines whether the ordinance should be enacted or repealed. 411 If Proposal. "2" ispassed, the power of initiative and' 2-. 945 • referendum would be limited: the Charter would state that initiative andreferendum could not be used to affect the county II budget; any appropriation of money; the salaries of county employees and officers;. taxation; or emergency legislation. If proposal "2" is passed,, theCharter would give the county council would the sole power to enact or to repeal ordinanceson these subjects. (Amends Charter Section 11-2 . ) ***************************************************************** Proposal- "3" Proposal "3" would amend the Charter to limit the powers of - initiative and referendum. If proposal "3" is passed, the IIICharter would state that initiative and referendum could not be used toaffect the zoning of landand the county general plan. Zoningordinances and the general plan are the major county laws which' control the use of land. If proposal "3" is passed, the Charter would give the county council the sole power to enact or to repeal ordinances which affected the zoning of land and the county. general Plan. - (Amends Charter- Section 11-2 . ) ***************************************************************** Proposal now Proposal "4" would change some of the procedures used in initiative and referendum. If Proposal "4" is passed, there would be a deadline to III -3- 946 submit initiative and referendum petitions: May 1 preceding the next general election for initiative petitions (which propose • ordinances) , and June 1 for referendum petitions (which ask for the repeal of ordinances. ) Signatures on a petition would be valid if obtained within two years of the deadline for submitting .the. petition. Signatures would be valid if the signer was a registered voter at the time the petition was submitted tothe county clerk. If someone wished to withdraw a signature, the request would have to be notarized. The clerk would be given additional time to verifythe number of signatures. A petition would have to contain signaturesequal to 15%- of the number of people who voted in the last general election, instead of 15% who had voted for the office of mayor at the last election. Petition signers could use a mailing. address. There would be a deadline for withdrawing a petition. (Amends Charter Sections 11-3, 11- • 4, 11-5, 11-6, 11-7, and 11-8. ) ***************************************************************** Proposal "5" Proposal "5" would expand and change the powers of the police commission. The police commission is the body that appoints and removes the chief of police. If Proposal "5" is passed, the police commission would be given additional powers: to consider and investigate charges of police misconduct and make a finding to the chief of police about whether there had been misconduct; to - advise the chief of police on police-community relations; to -4- 947 • 111 review the budget of the police department; and to hire necessary staff. Proposal "5" also sets minimum qualifications for the chief of police: five years of training and experience in law enforcement, including three years of administration. Under Proposal "5, " if the police commission wanted to remove the chief of police, the chief would have to be given a statement of reasons and an opportunity to respond at a hearing before the police commission. The decision to remove the chief of police would remain within the sole discretion of the police commission. (Amends Charter Section 7, Chapter 2) ***************************************************************** !II Proposal "6" Proposal "6" would change some of the county's financial and budgeting procedures. If Proposal "6" is passed, the mayor would submit proposed operating and capital budgets to the county council by March 1 instead of the present deadline, May 1. The mayor would submit amended budgets to the council within ten days of the close of the legislative session, but no later than May 5. The mayor would be required to explain and justify changes made in the amendments to the budgets. During the fiscal year, the mayor would be required to notify the council of any transfer of funds within an agency or III executive agency. -5- 948 • Under Proposal "6, " the county could enter into non- advertised contracts if the amount was $8000 or less, instead of. $4000 or less, and competitive bids would be required for contracts of $1000 or more, instead of $500 or more. (Amends Charter Sections 10-2, 10- 3, 10-4, 10-5, 10-6, 10-9, and 10- 14. ) ***************************************************************** Proposal "7" Proposal "7" would expand the powers of the salary commission. At present, the salary commission sets the salaries of membersof the county council. The salary commission is appointed by the mayor, without council approval. The county. council sets the salaries of the mayor and the prosecuting attorney. If Proposal "7" were passed, the salary commission would set the salaries of the mayor and the prosecuting attorney in addition to the salaries of the council. The salary commission would be appointed by the mayor, with confirmation by the council. . (Amends Sections 3-4, 5-1.3, and 9- 3 . ) ***************************************************************** Proposal "8's Proposal "8" would make a number of specific changes to the Charter. You must vote "yes" to all these proposed changes, or 411 "no" to all of the proposed changes.. The proposed changes are: -6- 949 - Add "environmental quality" as one of the factors to be • considered in the county general plan. (Amends Section 3-16. ) - Establish minimum qualifications of training and experience for the fire chief, managing director, planning director, and finance director. (Amends Sections 6-4 . 1, 6-1.2, 5-4.2, and 5-3.2 . ) - Eliminate the responsibility for administering federal and state grants from the duties of the director of the department of research and development. (Amends Section 5-5. 3 . ) _ - Clarify the procedure and deadlines for elections to fill county council and mayoral vacancies. (Amends Sections 3-5 and 5-1.5. ) - Allow members of boards and commissions to hold over for • one month after the expiration of their terms if the term expires less than one month after the expiration of the mayor's term. (Amends. Section 13-4 (d) . ) - Require the county council to confirm or reject any mayoral appointment within forty-five days. (Adds new sub- section. ) - Require that the repeated non-attendanceat meetingsby members of boards and commissions be reported to the mayor. (Adds new sub-section. ) - Require county officers to include an oath to uphold the County Charter in their oath of office.. (Amends Section 13-5. ) • - Require that all legally required notices be published in two newspapers of general circulation, rather than one. (Amends • Sections 13-20 (b) and 15-3 . ) 950 - Provide that the corporation counsel take office upon • appointment, rather than upon confirmation. (Amends Section 5- 2. 6. ) - Provide more time for the county clerk to count and verify signatures on petitions to recall elected officials. (Amends Sections 12-1.3, 12-1.4, and . 12-1.5. ) - Provide that a signature on a recall petition is valid if the signer is a registered voter when signatures begin to be counted. -Prohibit a county officer or employee from appointing a son-in-law or daughter-in-law to a position. (Amends Section 13- 10. ) -Increase the board of ethics fromfiveto nine members. (Amends Section 14-5. ) - -Require that there be funding for a deputy finance director and deputy managing director. (Amends Sections 5-3 . 1 and 6-1. 1. ) ***************************************************************** Proposal 119"" Proposal "9." would make a,. number of specific technical changes to the Charter.. These changes are meant to clarify existing Charter language, to make the Charter consistent with state law or to remove biased language. You must vote "yes" to all the changes, or "no" to all the changes. The proposed changes are: - Clarify that the non-civil service statusof positions in • -8- 951 the mayor's office and of department heads, deputies, and their private secretaries is determined by state law. ('Amends Section. 4-5 (a) and 5-1.4 (b) . ) - Specify that a board or commission must act by a vote of a majority of the membership to which it is entitled, unless it has only advisory functions. (Amends. Section 13-4 (i) . ) - Specify that the rules of a board and commission must define a "quorum" as a majority of the members to which a board or commission is entitled. (Amends Section 13-4 (j ) . ) - Clarify that new department heads take office upon appointment, not confirmation. (Amends Section 13-8. ) - Require that the Charter be written in gender-neutral language. 411 - Change the term "twelve o'clock meridian" intheCharter to "noon. " (Amends Sections 3-2, 3-5, 5-1. 1, and 5-1.5. ) - Deletethe requirement that the 'courity council approve rules and regulations in order to conform to state law. (Amends Section 13-7. ) - Delete references in the Charter to certain powers of the planning commission inorderto conform to state law. The planning commission does not presently exercise these powers because they are inconsistent with state law. (Amends. Section 5- 4.3 . ) - Clarify that the number of votes required for council action remains the same even if there are vacancies on the council. (Amends Section 3-8. ) -9- 952 • - Reduce the number of members on the civil service 411 commission from seven to five in order to. conform to state. law. (Amends Section 7-1.2. ) • • • • • • 411 . -10- 953- . DRAFT 2 OFFICIAL BALLOT PROPOSED AMENDMENTS TO THE HAWAII COUNTY CHARTER VOTE BOTH SIDES . The Charter Amendment Ballot Pamphlet in this voting booth contains a fuller explanation of each proposal. The Ballot Pamphlet is considered part of this ballot. The full text of each proposal is available for inspection at your polling place. If you wish to see it, ask an election official. If you favor the proposed. change to the County Charter, vote "Yes. " If you oppose the proposed change, vote "No. " VOTE YOUR CHOICE ON EACH QUESTION BELOW. Proposal 1: Should the county council be .changed to single-member districts? Yes No Proposal 2: Should the Charter state that initiative and referendum may not be used to affect spending, taxation, and emergency legislation? Yes No Proposal 3: Should the Charter state that initiative and referendum may not be used to affect the zoning of land and the general plan? Yes No 954 Proposal 4: Should the procedures for initiative and referendum be changed? Yes No Proposal 5: Should the powers of the police commissionbe changed and expanded? Yes • No Proposal 6: Should the county's financial procedures be changed? Yes No Proposal 7: Should the salary commission set the salaries of the mayor and prosecuting attorney? Yes No 411 _ Proposal 8: Should the charter be amended to make the following changes: • - add "environmental quality" to the general plan - establish minimum qualifications for some department heads - reduce functions of the Department of Research and Development - clarify the procedure for elections to fill vacancies - allow holdovers on boards and commissions - require prompt council action on mayoral appointments - require reports of absenteeism - require an oath to uphold the charter - require certain legal notices be published in two newspapers instead of one - allow the corporation council to take office upon appointment - give the county clerk more time to verify recall petition signatures -2- 955 - prohibit the appointment of certain in- laws • - increase the board of ethics to nine members - require a deputy finance director and a deputy managing director - provide that recall signatures are valid if the signer is a registered voter when the count begins Yes No Proposal 9: Should the charter be amended to make the following technical changes: _ - non-civil service status in the mayor's office and of department heads, deputies, _ and private secretaries - voting in boards and commissions. • - quorum requirements - appointment of department heads - gender-neutral language - "twelve o'clock meridian" changed to "noon" • - rules and regulations - clarify planning commission powers - council voting - reduce number of members of civil service commission • Yes No • -3- 956 • • CHRISTOPI I ER 1. YI J E I HILO LAGOON CENTRE, SUITE 108 IUI AUPUNI STREET LAW HILO, HAWAII 96720 ATToI.NI:Y AT i\W TEL. (808) 935-4429 • FAX (808) 935-1844 • July 20, 1990 • • Hawaii County Charter Commission 101 Aupuni St, Suite 108 Hilo, Hawaii- 96720 Re: Article X; Recall; Vacancies; Civil Service I have enclosed several attachments that address issues discussed at our July 11, 1990 meeting. Attachment "1" is a re-draft of the- version of Article X of the Charter to address concerns raised by the county council and to give the council more time to override a mayoral veto. In Attachment "1" the deadline for the mayor to submit amendments to the budget has been moved back to May 1 from May 5. A clause has been added at the end of §10-3 (c) to require the • mayor to explain and justify amendments by referring to changed circumstances between March. 1 and May 1. A change in the grants- in-aid from what was originally projected would be an example of a changed circumstance. It is the intent that the mayor's March • 1 budget submittal be as accurate as possible, i.e. , not just a "sham" budget. The requirement that the public hearing .be held on the amended budget has been changed to a requirement that it be held sometime before first reading. The council could hold the public hearing before- the mayor submitted' the amendments, if it .so chose. The public would still be able to testify on the final budget as amended by the mayor: it could testify at any council meeting at which at which the budget was considered. If it preferred, . the council could hold the public hearing after receiving the proposed amendments from the mayor. The council must, however, have first reading on the budget after May 1, so • that there must be two readings after the mayor's amendments, and therefore, at least two opportunities for public testimony. The - notice period for. the public period would be reduced from two weeks to one week. Finally, the mayor would have to act to veto the operating budget within ten calendar days of receipt of the bill adopting 411 - it, rather than ten working days as provided for other ordinances under §3-13 . This addition to §10-5 is meant to override the ten EXHIBIT D 957 . • working days given the mayor in §3-13 . If the mayor did not veto • within ten days, the budget passed by the council would take effect. If the mayor vetoed, the council could override following the procedure in §3-13 . I did not shorten the time for the veto of the capital budget because the council may initiate amendments to the capital budget (but not to the operating budget) at any time by a two- thirds vote. Attachment "2" contains the change to the "recall" section approved at our July 11, 1990 meeting, along. with. the. changes previously approved. The. change [to §12 - 1. 1 (c) ] states that a qualified voter (for the purposes of counting signatures) is one who is registered to vote on the day that the examination of signatures begins. It should be noted that neither this phrase nor the parallel phrase in Article XI (Initiative and Referendum) should be construed to mean that a voter must be registered when ' the clerk begins the count in order to actually vote at the election. Attachment "3" contains language to make it clear that if the vacancy occurs less than sixty days before the mid-term primary election, there will be no election to fill the vacancy, and the council appointee or the managing director will serve out the entire unexpired term.' Attachments "4" and "5" are my re-draft of the language • concerning the non-civil service• status of the department. heads, deputy, and private secretary (Attachment "4") and positions in the mayor's office (Attachment "5") as discussed at our July 11, 1990 meeting. Attachment "5" also contains an additional clause which is intended to make it clear that where the charter specifically mentions a deputy position (for example if the proposals we have made for a mandatory deputy managing director and deputy finance director are enacted) the appointment does not depend upon the council creating the position. . Yours truly, . C::RISTOR;ER J. YUEN Christopher J. Yuen Attachments • CJY:jf • • 958 • ' I ARTICLE X. DRAFT. ARTICLE X FINANCIAL PROCEDURES Section 10-1. Fiscal Year. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Section 10-2. Preparation and Submission of Budget and Capital Program. a Within ten 1.0 workingdays after the close of the ( ) [ ( ) Y state legislature but no later than May 1] No later than March 1 of each year, the mayor shall submit to the county council: (1) An operating budget for the ensuing year. ® (2) An operating program for the ensuing three fiscal years. (3) A capitalbudget for the ensuing fiscal year. (4) A capital program for the ensuing six fiscal years. - (5) An accompanying message.. The mayor shall submit amendments to the operating budget, operating program, capital budget, and capital program, together with an accompanying message, to the county council within ten (10) working days after the close of the state legislature but not later than Mav 1 of each year. (b) On or before the date specified by the mayor, the head 411 of each county agency and executive agency shall furnish the mayor: Attachment "1" 959 (1) Estimates for the current fiscal year and ensuing 111 fiscal years covering the revenues and expenditures of the agency or executive agency concerned. (2) . Estimates of any capital improvements pending or proposed to be undertaken within the ensuing fiscal year and within the five fiscal years thereafter. (3) Such other information as the mayor may request. (c) The mayor shall review all the estimates furnished him. He may hold public hearings thereon and may revise the estimates in such manner as he deems advisable in preparing the budgets and programs. (d) Upon submission, the budgets, the programs and messages shall be a public record in the office of the clerk of the county • council and shall be open to public inspection. The mayor shall at the same time make available copies of the budgets, the programs and messages for distribution to interested persons. Section 10-3. Scope of Operating Budget; Operating Program; Mayor's Message. (a) The operating budget shall present a complete financial plan for the current operations of the county and its agencies and executive agencies in the ensuing fiscal year, showing all funds and reserves. Capital expenditures to be financed from current revenues in the ensuing fiscal year shall be included in the operating budget as well as in the capital budget. Appropriations for such expenditures shall be included in the operating budget. Except as otherwise provided by law, the -2- 960 operating budget shall contain at least the following: • (1) A simple, clear, general summary of the detailed contents of the operating budget. Such summary shall itemize all new positions being requested. (2) The proposed expenditures, including provision for any estimated cash deficit for the fiscal year currently ending, debt service requirements for the ensuing fiscal year, andall other expenditures for the ensuing fiscal year, capital and otherwise, to be met from current revenues; and the proposed expenditures shall be shown by agencies and programs. (3) A comparative statement of the actual expenditures for the preceding fiscal year, and the estimated expenditures for the fiscal year currently ending and the ensuing fiscal year. (4) The sums recommended for appropriation on the basis of the proposed expenditures, which' sums- need _not be itemized _further than by agenciesand programs. (5) The estimated revenues shown by estimated cash surplus, if any, for the fiscal year currently ending, proposed tax levies and other sources. (6) A comparative statement of the actual revenues for the preceding fiscal year, and the estimated revenues for the fiscal year -currently ending and the ensuing year. The estimated revenues for ensuing fiscal year shall be at least equal in amount to the proposed expenditures. (b) The operating program shall present a complete financial plan for the operations of the countyand its agencies -3- 961 and executive agencies in the ensuing three fiscal years, showing all funds and reserves. The operatingprogram shall be used by the council for informational purposes and as a guide for the estimated costs of operating the county government for the ensuing three fiscal years and shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the operating program. (2) The proposed expenditures, including debt service requirements and all other expenditures for the ensuing three fiscal years, capital and otherwise; and the proposed expenditures, year by year, shall be shown by agencies and• programs. • (3) The estimated revenues shown by estimated cash surplus, if any, proposed tax levies and other sources for the ensuing three fiscal .years. (4) Such other information as: the council or mayor may request. (c) The mayor's message shall explain the operating budget and capital budget both in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the operating budget and capital budget and means of financing the budgets. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the fiscal year currently ending, and -4- 962 • shall set forth the reasons for the changes. As to capital budget, the message shall include a list of pending and proposed capital improvements together with the mayor's comments on such list. It shall itemize and explain each pending capital improvement and each capital improvement proposed to be undertaken within the ensuing fiscal year, showing the estimated cost of each improvement and the pending or proposed method of financing it. The message shall also include such other supporting or explanatory material as the mayor deems desirable. • The mayor's budget message which accompanies the amendments to the operating budget and to the capital budget shall describe the changes in proposed expenditures and in revenue projections from the budgets which had been submitted onor before March 1, , . • and shall describe the intervening changes in circumstances which justify the changes in the proposed expenditures and projected revenues. Section 10-4. Operating. Budget and Capital. Budget: Notice, and Hearing. [A public hearing shall be held on the operating budget and capital budget not more than four weeks after submission thereof] . The council shall hold a public hearing on the operating budget and capital budget at any time after March 1, but prior to the first reading on the budget bills. At this hearing all persons interested shall have an opportunityto be heard. At least [two weeks] one week before the hearing, the county council shall publish in not less than two newspapers [a newspaper] of general circulation in the county, the. general. 4 -5 963 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. The council shall also allow public testimony at any meeting at which the operating budget or capital budget, or amendments thereto, are considered. Section 10-5.. Operating Budget: Council Action. After the public hearing, and after the submission of the amendments to the operating budget and to the capital budget, the county council may adopt the operating budget as amended with or without further amendments. First reading shall be after May 1. In amending, it may add new items or increase items in the operating budget. It may decrease or delete items, excepting appropriations required by law and appropriations for debt service. But inall cases the estimated revenues for theensuing year shallbe a least equal in amount to the proposed expenditures. The council shall adopt the operating. budget on or before the thirtieth day of June.. If it failsto do so, the operating budget as submitted and as amended by the mayor shallbe deemed adopted by the council as the operating budget for the ensuing fiscal year. If the mayor disapproves of the bill adopting the operating budget or of any part thereof, the mayor shall return the bill or the portions vetoed with a written statement of obiections to the clerk for further' council action within ten calendar days of receipt of the bill. The adoptedoperating budget shall be in effect on and after • -6- 964 the first day of the fiscal year to which it applies. • Section 10-6. Capital Budget and Capital Program: Scope; Council Action. (a) The capital budget shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the capital budget. (2) The capital improvements pending or proposed to be undertaken within the ensuing fiscal year, together with the estimated cost of each improvement, the estimated operating cost, and the pending or proposed method of financing it. (3) Capital expendituresto be financed from current revenues in the ensuing fiscal year. (b) The capital program shall be used by the council for informational purposes and as a guide for the estimated costs of the proposed capital improvements of the county for the ensuing six fiscal years and shall contain at least the following: (1) A simple, clear, general summary of the detailed contents of the capital program. (2) The capital improvements pending or proposed for the ensuing six fiscal years, together with the estimated cost of each improvement and the proposed method of financing it. (3) Such other information as the council or mayor may request. (c) After the public hearing on the capital budget, and after thesubmissionof the amendments to the budget, the county • . -7- 965 council may adopt the capital budget as amended with or without further amendment. First reading_ shall be after May 1. In amending, the council shall request and consider, but need not follow, the recommendations of the mayor as to the proposed amendment. (d) The council shall adopt the capital budget on or before the thirtieth day of June. If it fails to do so, the amended capital budget submitted by the mayor shall be deemed adopted by the council as the capital budget for the ensuing fiscal year. The adopted capital budget shall be in effect on and after the first day of the fiscal year. (As amended by Ordinance No. 57, effective November 26, 1974 . ) 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. In amending, the council shall request and consider, but need not follow, the recommendations of the mayor as to the proposed amendment. Section 10-7. Budgets: Public Records. Three copies of the operating budget and the capital budget as adopted shall be certified by the mayor and the clerk of the county council. One of these copies shall be filed_ in the office of the mayor and one each in the offices of the director of finance and the director of planning. The operating budget andcapital budget shall be made available to the county agencies and to interested persons, upon such conditions as the council may determine. S -8- 966 Section 10-8. Appropriations: Supplemental and Emergency. ® When during any fiscal year there are available any funds for appropriation, the mayor shall certify to the county council and the county council may amend or make supplemental appropriations for the year up to the amount of available revenues. Such appropriations may be made by ordinance effective immediately upon adoption. To meet a public emergency affecting life, health or property, the council, may make emergency appropriations. Such _ appropriations may be made by ordinance and must be approved by all council members present or by .two-thirds of the entire membership. To the extent that there are no available unappropriated revenues to meet such notes. These notes may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the first day of the fiscal year next succeeding that in whichthe emergency _ appropriation was made. The total of emergency appropriations in any fiscal year shall not exceed one-half of one percent of the total operating appropriations, excluding those for debt service made in the operating budget for that year. Section 10-9. Appropriations: Reduction and Transfer. If at any time during the fiscal year it appears probable to the mayor that the revenues available will be insufficient to meet the amount appropriated, he shall report to the county council without delay, indicating the estimated amount of the deficit. For that purpose the council may by ordinance reduce one or more -9- 967 appropriations; but no appropriation required for debt service • may bereduced and no appropriation may be reduced by more than the amount of the encumbered balance thereof or below any amount required by law to be appropriated. The mayor may at any time during the fiscal year transfer part or all of any unencumbered appropriation balance between classifications of expenditures or programs within an agency or executive agency; and if at any time the mayor so requests in writing, the council, by resolution effective immediately upon adoption, may transfer, part or all of any unencumbered appropriation balance from one agency or executive agency to another. But no transfer shall be made from appropriations for debt service or for estimated cash deficit; and no appropriation • may be reduced below any amount required by law to be - appropriated. The mayor shall notify the county council of any transfer of funds within an agency or an executive agency no later than thirty days after authorizing such a transfer. Section 10-10. Lapse of Appropriations. General appropriations, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that the same has not been expended or encumbered. An appropriation for a capital expenditure that is not encumbered shall lapse at the end of two fiscal years following the fiscal year that the appropriation was made. Section 10-11. Payments and Obligations prohibited: Verifications; Penalties. No payment shall be authorized or made _ i -10- 968 • and no obligation incurred against the county except in • accordance with appropriations duly made.. No payment shall be made against any allotment or appropriation unless the director of finance first verifies that there is sufficient unencumbered balance in the allotment or appropriation and that sufficient nor, are available to cover the claim concerned; funds therefrom shall any obligation be incurred against any allotment or appropriation unless the agency head first verifiesthatthere is sufficient unencumbered balance in the allotment or appropriation . and that sufficient funds therefrom, will be- available to meet the obligation concerned when it becomes due and payable. Every obligation incurred and every authorizationof payment in violation of the provisions of this charter shall be void. Every • payment made in violation of the provisions of this charter shall be illegal; and all county officers who knowingly authorize or make such payment or any part thereof shall be jointly and severally liable to the county for the full amount so paid or received. If any county officer or employee knowingly authorizes or makes any payment or incurs any obligation in violation of the provisions. of this charter or takes part therein,. that action shall be cause for his removal. Nothing contained in this section or other sections of this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds; nor shall it prevent the making, when permitted by law, of any contract or any • . -11- 969 lease providing for the payment of funds at a time beyond the end • of the fiscal year inwhich the contract or lease is made. But any contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made or approved by resolution. Section 10-12. Special Funds. Upon recommendation of the mayor, the council may by ordinance abolish or establish such, special funds as may be necessary for the proper and efficient segregation of fiscal operations of the county. Section 10-13. Post-audit. [No changes. } Section 10-14. Centralized Purchasing... (a) The department of financeshall be responsible for the procurement of all materials, supplies, equipment and services • requiredby any agency of the county,.- except as otherwise provided by this charter or any law. (b.) There shall be a standardization committee composed of five members. Themayor shall appoint four members without necessity of council confirmation, each of whom shall be from a separate department. The fifth member shall be a representative of the department of finance who shall serve as chairman of the committee. The committee shall classify all materials, supplies and equipment- commonly used by the various agencies of the county and shall prepare and adopt standards and specification for such materials, supplies and equipment. (c) All purchases and contracts for materials, supplies, equipment and services shall be made by advertising, except that • -12- 970 r such purchases and contracts may be negotiated without • advertising if: (1) The public exigency will not admit of the delay incident to advertising. (2) The aggregate amount involved does not exceed [$4, 000.00] $8,000. 00; however, any purchases or contracts involving sums between [$500. 00] $1,000. 00 and [$4, 000. 00] $8, 000. 00 shall be based on competitive bids which shall be in writing. (3) It is impracticable to secure competitive bidding. for materials, supplies and equipment, including animals, plants, foodand fodder for animals..,of the zoo, non-processed agricultural products, patented or proprietary articles and books 410 and publications. (4) It is determined that the procurement of equipment determined to be technical equipment is necessary to assure. standardization of the equipment and interchangeability of parts and that such standardization and interchangeability are necessary in the interest of economy. (5) Any other procedure or. matter will promote the effective, efficient and timely procurement of goods and services. [Remainder of art. X remains the same. ] 411 -13- 971 ART. XII. FINAL DRAFT. (4/09/90; 5/14/90; 7/11/90) • Section 12-1.1. Recall Procedure. In addition to impeachment procedures, any elective officer may be removed from office by the voters of the county. The procedure to effect such removal shall be in accordance with this article. A petition demanding that the question of removing such official be submitted to the voters shall be addressed to the council and filed with the county clerk. (a) A petition demanding recall of an official elected at- large, or by votersofthe entire county, as the case may be, shall be signed by qualified voters equal to or greater [not less] than twenty-five percent of the total number of persons who registered in the last general election. (b) A petition demanding recall of a district councilman shall • • alified voters e• al to or •reater [not less] than be signed by twenty-five percent of the total number ofpersons who registered in his district in the last general election. (c) The term "qualified voter" means a person who is registered to vote in the county on the day that the clerk begins theexamination to determine the sufficiency of the signatures on the petition. Section 12-1.2. Petitions. Petition papers shall be procured only from the county clerk, who shall keep a sufficient number of such blank petition papers on file for distribution as herein provided. Prior to the issuance of such petition papers, an affidavit shall be made by one or more voters and filed with the • clerk, stating the name and office of the officer sought to be Attachment "2" 972 removed. • Section 12-1.3. Signatures.• Each signer of a recall petition shall print his name, add his signature, his residence or mailing address, his social security number and the date of signing on said petition. To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is believed to be the genuine signature of the person whose name it purports to be, and that each signer understood the nature of the recall petition. Section 12-1.4. Filing and Certification. All papers comprising a recall petition shall be assembled and filed with • the county clerk as one instrument within thirty (30) days after the filing with the clerk of the affidavit stating the name and office of• the• officer sought to be removed. Within [twenty] thirty workinct days from the filing of such petition, the clerk shall determine [the sufficiency thereof] if the petition contains sufficient signatures and [attach thereto] prepare a certificate showing the result of his examination. If the clerk shall certify that the petition is insufficient, he shall set forth in the certificate the particulars in which the petition is defective and shall return a copy of the certificate to the person designated in such petition to receive it. Section 12-1.5. Supplemental Petitions. In the event the initial petition contained insufficient signatures, such recall • -2- 973 . petition may be supported by the supplemental signatures of voters signed in the manner required in Section 12-1.3 of this 411 article appended to petitions issued, signed, and filed as required for the original petition at any time within ten days after the date of the certificate of insufficiency by the clerk. The clerk shall, within five working days after such supplemental petitions are filed., make a like examination of them, and if his certificate shall show the same to be still insufficient, he shall return it in the manner described in Section 12-1.4 of this article to the person designed in such petition to receive the same, and no new petition for the recall of the officer sought to be removed shall be filed within one year thereafter'. (remainder of article remains unchanged. ) 411 -3- 97,4 ART. XII. FINAL DRAFT. (4/09/90; 5/14/90; 7/11/90) • Section 12-1.1. Recall Procedure. In addition to impeachment procedures, any elective officer may be removed from office by the voters of the county. The procedure to effect such removal shall be in accordance with this article. A petition demanding that the question of removing such. official be submitted to the voters shall be addressed to the council and filed with the county clerk. (a) A petition demanding recall of an official elected at- large, or by voters of the entire county, as the case may be, shall be signed by qualified voters equal to or greater [not less] than twenty-five percent of the total number of persons who registered in the last general election. • (b) A petition demanding recall of a district councilman shall be signed by qualified voters equal to or greater [not less] than twenty-five percent of the total number of persons who registered in his district in the last general election. (c) The term "qualified voter" means a person who is registered to vote in the county on the day that the clerk begins the examination to determine the sufficiency of the signatures on the petition. Section 12-1.2. Petitions. Petition papers shall be procured only from the county clerk, who shall keep a sufficient number of such blank petition papers on file for distribution as herein provided. Prior to the issuance of such petition papers, an affidavit shall be made by one or more voters and filed with the • clerk, stating the name and office of the officer sought to be Attachment "2" 975 removed. ® Section 12-1.3. Signatures. Each signer of a recall petition shall print his name, add his signature, his residence or mailing address, his social security number and the date of signing on said petition. To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each P signature appended to the paper was made in his presence and is g believed to be the genuine signature of the person whose name it purports to be, and that each signer understood the nature of the recall petition. Section 12-1.4. Filing and Certification. All papers comprising a recall petition shall be assembled and filed with 411 the county clerk as one instrument within thirty (30) days after the filing with the clerk of the affidavit stating the name and office of the officer sought to be removed. Within [twenty] thirty working days from the filing of such petition, the clerk shall determine [the sufficiency thereof] if the petition contains sufficient signatures and [attach thereto] prepare a certificate showing the result of his examination. If the clerk shall certify that the petition is insufficient, he shall set forth in the certificate the particulars in which the petition is defective and shall return a copy of the certificate to the person designated in such petition to receive it. Section 12-1.5. Supplemental Petitions. In the event the initial petition contained insufficient signatures, such recall • -2- 976 petition may be supported by the supplemental signatures of 111 voters signed in the manner required in Section 12-1.3 of this article appended to petitions issued, signed, and filed as required for the original petition at any time within ten days after the date of the certificate of insufficiency by the clerk. The clerk shall, within five working days after such supplemental petitions are filed, make a like examination of them, and if his certificate shall show the same to be still insufficient, he shall return it in the manner described in Section 12-1. 4 of this article to the person designed in such petition to receive the same, and no new petition for the recall of the officer sought to be removed shall be filed within one year thereafter. (remainder of article remains unchanged. ) -3- 977 ELECTION DEADLINES FOR VACANCIES. FINAL DRAFT. (6/1/90; 7/11/90) Section 3-5. Vacancy in Office. When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person of the same political party as the person he succeeds with the requisite qualifications to fill the vacancy. Within thirty days after the occurrence of any vacancy, the council chairman shall notify all remaining members of the council by registered mail that on a specified regular meeting[ , ] dates formal action shall be taken to fill the vacancy. Should the council fail to fill- any vacancy within sixty days after its occurrence, the chairman of the council shall appoint a successor to fill the vacancy for the unexpired term. The person appointed shall serve until a successor is duly • elected [at the next state or state and county election] and seated. [The election shall be held in accordance with the election laws of the state insofar as applicable. ] If the vacancy occurs less than sixty days before the next re. lar, scheduled .rimar election the .erson a. .ointed shall serve the entire unexpired term. If the vacancy occurs more than two years before the end of the term, and sixty days or more before the next regularly_ scheduled primary election, the council shall, through its clerk, immediately issue an election proclamation announcing that candidates shall be nominated to fill the unexpired term of the office at a special primary election to be held at the same time as the regularly scheduled primary election, and that the successor shall be elected at a special general election, to be Attachment "3" 978 held at the same time as the regularly scheduled general • election. The proclamation shall also announce the date for the close of filing of nomination pacers for the office, which shall be 'ten days after the issuance of the election proclamation, or sixty days before the primary election, whichever comes later. The election shall be held in accordance with the election laws of the state insofar as otherwise applicable. The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election.. • • -2- 979 • 4 Section 5-1.5. Vacancy in Office. A vacancy in the office • of mayor shall be filled by the managing director, or if the office of managing director is vacant, or during such periods as the managing director is unable to so act, by the finance director until a successor is duly elected [at the state and county election] and seated. If the vacancy occurs less than sixty days before the next regularly scheduled primary election, the managing director shall serve the entire unexpired term. If the vacancy occurs more than two years before the end of the term, and sixty days or more before the next regularly_ scheduled primary election, the council shall, through its clerk, immediately issue an election proclamation announcing that candidates shall be nominated to fill the unexpired term of the office at a special primary election to be held at the same time as the regularly scheduled primary election, and that the successor shall be elected at a special general election, to be held at the same time as the regularly scheduled general election. The proclamation shall also announce the date for the close of filing of nomination papers for the office, which shall be ten days after the issuance of the election proclamation, or sixty days before the primary election, whichever comes later. The election shall be held in accordance with the election laws of the state insofar as otherwise applicable. The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock • -3- 980 r f meridian on the first Monday of December following his election. 4 • -4- 981 §4-5 (a) SINAL DRAFT. (7/11/90) • Section 4-5. Powers and Duties of Agency Heads. Subject to the provisions of this charter, the administrative heads of each agency or executive agency ofthe county shall have the power to: (a) Appoint and remove a deputy or assistant and a private secretary (and such positions shall be exempt from civil service laws and classifications] . Such positions shall be classified as exempt &s provided by state civil service law. Nosuch appointment shall be made unless the positions have been created and appropriations therefor have been made by the council, unless the deputy position has been specifically established by this charter. 41, • • Attachment "4" 982 §5-1.4 (b) PINAL DRAFT. (1/19/901 7/11/90) Aft IIP on 5-1.4. Powers Duties, and Functions. tions. (b) Appoint necessary staff for which appropriations have been made by the council. [All positions in the mayor's office shall be exempt from civil service laws and classifications..] Such positions shah be classified as exempt as provided by state civil service law, • Attachment "5" 983