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HomeMy WebLinkAboutMIN GOEAC 2023/08/01 (2022-2024)Committee on Governmental Operations and External Affairs 14' Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 1, 2023 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 1:00 p.m., in the Council Chambers, Hilo, by Ms. Susan L. K. Lee Loy, Acting Chair. ROLL CALL: Present: Ms. Cindy Evans, Chair (via videoconference from Kona) Ms. Susan L. K. Lee Loy, Vice Chair Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Matt Kaneali`i-Kleinfelder, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) CHR. EVANS: Hi everybody, I'm Cindy Evans, Chair of the committee, and it's 1:00 o'clock. It's August I't, 2023. Official place of business is Hilo. I'm currently in Kona, so I wish to turn this over to my Vice Chair, Council Member Lee Loy. Thank you. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Lee Loy. ACTING CHR. LEE LOY: Thank you, Chair Evans. Let the record reflect that I have assumed the Chair. Mr. Clerk, top of the agenda, please. GOEAC- 14 August 1, 2023 COMMUNI- The Chair directed the Committee to proceed to the next order of business CATIONS: Communications. Comm. 367: APPOINTMENT OF ABIGAIL—ZOE GARAN TO THE YOUTH COMMISSION From Council Member Cindy Evans, dated July 11, 2023. Postponed: July 25, 2023 (Note: There is a motion by Ms. Kimball, seconded by Ms. Kierkiewicz to close file on Comm. 367.) ACTING CHR. LEE LOY: Thank you, Mr. Clerk. Since we have an active motion, we can get right into it. Actually, Mr. Clerk, I think this particular appointment along with our upcoming appointments, has a little bit of a different approach, right. We just close file. MR. BROWN: Yes, I believe, because it's just an appointment. I know that the Chair had worked with Corporation Counsel, and it wouldn't be the normal nomination process. It would be more of an appointment. So, closing file on the communication. ACTING CHR. LEE LOY: Great. Ms. Evans, if you'd like, this is your nominee, to begin our discussion. MS. EVANS: Thank you much. Yeah, Abigail -Zoe Garan is my appointment to the Youth Commission. She lives in an area that's very remote that really has trouble being connected to Zoom. I would have loved to have her meet you today by Zoom, but because she wasn't able to, I asked her to write just a real quick biography that I would share with you. So, I want you to know about her. She's an incoming Junior at Kealakehe High School. As a Freshman and a Sophomore, she was part of the school's volleyball and golf teams. She was part of the STEM (Science, Technology, Engineering and Mathematics) Academy, the Interact Club, and the Student Credit Union Board. She spends her time at home in HOVE taking care of dogs, horses, and cattle. She discovered the Youth Commission through her volunteer work with the Student Credit Union where she learned how outreach can make the difference in people's lives through financial literacy, community service, and raising awareness and showing compassion for issues like homelessness and cancer She looks forward to working with everyone on the Youth Commission. Being a voice and educating people about the problems our youth are dealing with while collaborating on solutions that could improve their quality of life. Page 2 GOEAC- 14 August 1, 2023 She's honored to have this opportunity and will work very hard towards securing positive and impactful changes sustainable for the future of our community. Thank you, I yield. ACTING CHR. LEE LOY: Thank you, Ms. Evans, for that wonderful resume and ethos on our candidate. Any other questions? Seeing none, the motion is to close file on Communication 367, all those in favor please say "aye." Vote on Comm. 367: The motion to close file on Comm. 367 was carried by (Filed) the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy — 8. Noes: None. Absent: Committee Member Kdneali'i-Kleinfelder — 1. Excused: None. ACTING CHR. LEE LOY: Next item, please. Comm. 373: APPOINTMENT OF MARQUIS P. FONOIMOANA TO THE YOUTH COMMISSION From Council Member Michelle Galimba, dated July 13, 2023. Motion to Approve: Ms. Galimba moved to recommend confirmation of the appointment of Mr. Marquis P. Fonoimoana to the Youth Commission. Seconded by Ms. Kagiwada. ACTING CHR. LEE LOY: Ms. Galimba. MS. GALIMBA: Thank you. So, Mr. Fonoimoana is my designee for my nominee for the Youth Commission. He is a very accomplished young man, and he is the Student President and on the Board of Directors of the Student Credit Union, as well as a member of the Konawaena Leo Club. He is active with community events and fundraisers. He is also a member of the Konawaena Lacross Club and Captain of the Konawaena Bowling Team, as well as playing and creating music. So, a really admirably broad range of talents, and I want to thank Marquis for being willing to serve the community in this role. As you can see, he's there in Kona. Would you like to say a few words about why you want to serve on the Youth Commission? (Note: At this time, nominee Marquis P. Fonoimoana, came forward to address the members of the Committee.) Page 3 GOEAC-14 August 1, 2023 MR. FONOIMOANA: Aloha everyone. I would like to just take this first moment to thank everyone for their time, and also considering me for this role. So, I am Marquis Fonoimoana. I am from District 6, and I live in H6naunau. I'm really excited to be here, and the reason why I joined the Youth Commission is becausesorry, I'm really looking forward to what I'll be able to learn and what I'll be able to accomplish, and the thing I look forward to the most is working with everyone else and accomplishing all that we can. Thank you. MS. GALIMBA: Thanks very much. I yield. ACTING CHR. LEE LOY: Thank you, Ms. Galimba. Any other members, questions? Thank you, Marquis for stepping up. Members, we have a motion on the floor to close file on Communication 373. All those in favor, please say "aye." Vote on Comm. 373: The motion to close file on Comm. 373 was carried by Filed the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. LEE, LOY: Next communication, please. Comm. 379: APPOINTMENT OF BENJAM.IN RUDO TO THE YOUTH COMMISSION From Council. Member Ashley L. Kierkiewicz, dated July 17, 2023. Motion to Approve: Ms. Kierkiewicz moved to recommend confirmation of the appointment of Mr. Benjamin Rudo to the Youth Commission. Seconded by Ms. Kagiwada. ACTING CHR. LEE LOY: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I am so pleased to introduce my colleagues and the community to Benjamin Rudo, who is of office's selection to represent District 4 on the inaugural cohort for our Youth Commission. Ben is a lifelong resident of Hawaii Island. He is a graduate of Connections Charter School, and I think being a student in the Charter School system exposed him to a lot of the inequities that those schools faced. So, he naturally comes to the table with a sense of fairness and equity. Page 4 GOEAC- 14 August 1, 2023 He's been involved in numerous beach cleanups around the islands ever since he was a youngster. You're still a youngster, but even as a child. So, knowing how to plan and coordinate and just being involved in, you know, preserving and taking care of 'dina. He is currently a Community Resilience Fellow for Vibrant Hawaii, and in this role, he continuously engages our community to build resilience and has a done a number of incredible things like hosting workshops, designing and offering skill building opportunities for our Island's youth, and has coordinated a number of events that have attracted hundreds of community members. He has surveyed and mapped local lifelines using GIS (Geographic Information Systems) mapping tools and has distributed disaster preparedness kits to families all around Hawaii Island. He has a number of certifications that allow him to support our community in a variety of ways, including CERT (Community Emergency Response Team). He is a HOPE Champion, Healthy Outcomes from Positive Experiences Facilitator, Mental Health First Aid Certified, Food Handling Safety Certified, and is a Hands Only CPR Facilitator. If you get to know Ben, you'll get to know him as this really sweet kindhearted, hardworking, enthusiastic individual. He loves nature. He's sustainability focused and culturally aware. He just has an incredibly big heart, positive attitude, and I know that with all of your achievements, your experience, you're going to be a wonderful addition to this Youth Commission. I think you are different from most of, and not all of our commissioners who happen to be highschoolers. You've actually graduated, and so come with a sense of, how do I as someone that wants to continue living in Hawaii, what do young adults face? You know, and so I just really appreciate you saying, "yes" to this appointment. I know that you have a lot going on, but I think you would provide really valuable perspective to the commission. If you wanted to just share with us, you know, some of the reasons why you submitted your application and what you hope to achieve through the Youth Commission? (Note: At this time, nominee Benjamin Rudo, came forward to address the members of the Committee.) MR. RUDO: Thank you, Ashley, very much for those kind words, and thank you for having me. I'm very happy to be here and excited to hopefully serve on the commission. Page 5 GOEAC- 14 August 1, 2023 So, a little bit more about myself. My name is Benjamin Rudo. I'm 20-years-old. I was born and raised in the ahupua'a of Kcaau. I went to school at a charter school on Bayfront. Very small, under -funded, not a lot of resources. So, I am versed on that, and I understand there's a lot to be done there. Regarding reasons I want to serve on the commission is, I think there's a lot of good intent towards our youth and trying to support them in any way they can. But I think there's a disconnect in understanding what they want. At times, it could be like an unwanted gift, of what they're provided. So, I think, giving that perspective as a youth, of course, and of so many youths come from poverty, as one of three sustainably certified people that has a biomimetically-minded mindset at all times. I think there's a large chronic boredom that has kind of come across our youth, and I think that leads to an onslaught of issues like drug -use, sex, unsafe sex, different issues of just not being happy and feeling like they should be here at home and creating the need to go elsewhere. So, I think I do agree with you. I think I'll be a good candidate and I think I'll bring a lot to the table, especially working with the other youth. I really want to just fix the issues. I've lived here my whole life, as you said, and I've seen how we've changed, and ways things could have been better. I do think the Youth Commission is overdue. I think this should have been something quite some time ago, but I'm so happy that we're finally making the steps now. MS. KIERKIEWICZ: Thank you, Ben. Is there a particular issue or project that you hope to focus on as a Youth Commissioner? MR. RUDO: It's hard to be concise and not too broad with that, but I do think boredom is one of the biggest issues. As a youth, I was pretty bored pretty often. know we have beautiful beaches and wonderful hikes and whatnot. But a lot of times the youth aren't super encouraged, or they have to go out of their way to get that. So, I think, something such as creating a youth -lead resource. Because a lot of times, there's resources for youth that people like you in politics know about and other organizations that set it up, but it's really hard to reach that youth audience. So, I think creating a youth -lead initiative to inform other youth of what's out there and what they can do would be a great project. MS. KIERKIEWICZ: Awesome, I love it. Youth resources by our Youth. Page 6 GOEAC-14 Vote on Comm. 379 Filed BILLS FOR ORDINANCES August 1, 2023 MR. RUDO: Yeah, exactly. MS. KIERKIEWICZ: Great to see you. Thank you for being here, and thank you again for stepping up to serve our community in this way. Chair, I yield. MR. RUDO: Thank you for having me and happy to be here. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. Anyone else? Well, I just want to say, I spent two days with Ben. Noho Paipai, which is a trauma - informed care collaborative, and it was upper -level conversation. Ben was right there with all of us. He will make an excellent addition to our Youth Commission. Alright, members, motion is to close file on Communication 379. All those in favor, please say "aye." The motion to close file on. Comm. 379 was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy — 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder — 1. Excused: None. ACTING CHR. LEE LOY: Thank you. Alright, Mr. Clerk, Bills for Ordinances. The Chair directed the Committee to proceed to the next order of business, Bills for Ordinances. Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAI`I COUNTY CHARTER (2022 EDITION), RELATING TO VACANCY IN OFFICE Proposes reducing the time allotted for the County Council to appoint a successor to a vacant County Council district seat, establishing restrictions on official candidates being appointed to a vacant County Council district seat, and that a person who has been duly elected to serve the upcoming Council term shall automatically fill a vacancy that occurs for that County Council district seat. Reference: Comm.305 Intr. by: Ms. Evans Postpone: June 6 and July 5, and July 25, 2023 (Note: There is a motion by Ms. Evans, seconded by Mr. Inaba to recommend passage of Bill 49 on first reading.) Page 7 GOEAC- 14 August 1, 2023 (Note: Comm. 305.9 dated July 21, 2023; Comms. 3 05. 10 and 305.11 dated August 1, 2023, from Council Member Cindy Evans transmitting proposed amendments to Bill 49, were circulated.) ACTING CHR. LEE LOY: Thank you, Mr. Clerk. Ms. Evans, since we currently already have an active motion, you can go ahead and get started. I understand you have some amendments. Motion to Amend: Ms. Evans moved to amend Bill 49 with the contents of Comm. 305.9. Seconded by Mr. Inaba. ACTING CHR. LEE LOY: Ms. Evans. MS. EVANS: Thank you, Chair. This is a technical amendment to correct a clerical error in the bill, which is that the last sentence in the original language of the Charter was accidentally left out of the bill during drafting. So, this amendment would correct the mistake and conform the language of the bill with the language of the Charter. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Any discussion on this technical amendment? Hang on, Ms. Evans, we're looking through our folders to make sure everybody has it. Any discussion, members? Alright. I have a motion on the floor to amend Bill 49 with the contents of Communication 305.9, all those in favor? Vote on Motion The motion to amend Bill 49 with the contents of to Amend: Comm. 305.9, was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kimball, Villegas, and Acting Chair Lee Loy — 7. Noes: None. Absent: Committee Members Kierkiewicz and Kaneali'i-Kleinfelder — 2. Excused: None. ACTING CHR. LEE LOY: Ms. Evans. Motion to Amend: Ms. Evans moved to amend Bill 49 with the contents of Comm. 305.11. Seconded by Mr. Inaba. ACTING CHR. LEE LOY: Ms. Evans, go ahead. Page 8 GOEAC-14 August 1, 2023 MS. EVANS: Thank you. First of all, I want to thank my colleagues for their patience. I know it had to be postponed because, you know, what happened with Calvin, then I was on vacation. So, I appreciate your patience, and what you have before you are based on discussions we had, probably what now, maybe even now a month ago. But it's really focused on, if there's a vacancy and it's 15 months or more that we go towards a special election. So, there is another communication here that would not go for a special election, but that's a different communication. This one is specific to us providing for a special election. So, if you'd bear with me and if you have the correspondence in front of you, I'd like to go over a few of the details of it. Does everybody have their copy, (Comm.) 305. 11? ACTING CHR, LEE LOY: Yes. Please explain your amendment. MS. EVANS: Okay, great. So, if the unexpired term is 15 months or less, the remaining members of the Council shall appoint by resolution, a successor with the qualifications required by the Charter, Section 3.3, to fill the vacancy for the remainder of the unexpired term. I wanted to point out the reason that the language be added by resolution is because by resolution we will go through our normal process of posting on the agenda, which will give the public time to give live or written testimony to potentially a name that could be submitted. Of course, there could be many names submitted by the different Council Members. So, it really, 1 believe addresses the concern of transparency to the community. So, that's why it's written that way. Then the next sentence is, within 14 days after the occurrence of the vacancy, the presiding officer shall notify all remaining members of the Council, that on a specified regular meeting date, formal action shall be taken to fill the vacancy. Twe things there to point out. We wanted to have a specified regular meeting date so that we didn't get caught with the scenario that maybe there would be a vacancy and then the Council would have a meeting the next week, which is only like seven days or less than seven days, and we felt that wasn't the right amount of time for vetting and determining if someone might want to fill a vacancy. So, that's why we changed it to a specific regular meeting date. The other thing is, we're changing Council Chairperson to presiding officer for a couple reasons. One is, we noticed that in the other charters for the other counties, they use the term, presiding officer. Then when I talked to Corporation Counsel, come to find out, in our own Council Rules, when it comes to addressing the succession provisions, we also use the term presiding officer. So, I think this gives a little bit more consistency by using the term presiding officer. Page 9 GOEAC- 14 August 1, 2023 Then the next sentence, "Should the Council fail to fill a vacancy within 30 days after its occurrence, the presiding officer." Then the next sentence, "Should the Council to fill a vacancy within 30 days after its occurrence, the presiding officer shall appoint a successor with qualifications required b Section 3-3 to fill the vacancy for the remainder of the unexpired term." So, this is specific to 15 months or less. Then when you go to the next page, the next section is really addressing what happens if there's an unexpired term that's more than 15 months. So, that vacancy shall be filled by a special election to be held within 120 days after the occurrence of the vacancy. "The election shall be conducted in accordance with the election laws of the State insofar as applicable. Pending the election, the remaining members of the Council shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. Should the Council fail to fill the vacancy within 30 days after its occurrence, the presiding officer shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. The person appointed shall serve until a successor is duly elected and seated." Kind of a rough estimate, if this whole scenario played out, as it could be that seat, until someone is duly elected and seated, it could potentially be three, three -and -a - half months of a vacancy before they actually —this special election would take place. The actual 120 days, this was discussed with our Chief Clerk, which he may be in the room if people have questions. He has looked at this and seems to be comfortable with it. But hopefully he's there if you have questions. So, then (c), the next one. What this is addressing is the fact that any vacancy that occurs during the period of time after an election, in which a candidate for the Council district seat that is vacant is duly elected shall immediately be filled by the person so elected to serve for the remainder of the unexpired term. This has to do if someone gets elected in the primary at which at this point would be, let's say for example, it would be in August, and let's say there's a vacancy the following week. The person that got elected in the primary would fill that vacant seat. Because they were duly elected. Then in (d), it just says, "The remainder of the unexpired term served by a Council Member filling a vacancy shall not apply to the term limit set forth in Section 3-2." So, for example if someone got elected in the primary, they take the seat, let's say id in -August, then the term starts on December 5thlet's say. That time that they sit in that seat would not count to the term limits that's in our current County Charter. That's it. So, open for questions or comments. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Back here in Hilo. Mr. Inaba. Page 10 GOEAC- 14 August 1, 2023 MR. INABA: For Section (b), I don't recall our conversation having an appointing component to it if we were going to be having a special election. So, I can't support this amendment because my understanding was if it's less than 15 months, there's an appointment process first by the body, and if the body should fail, then the Chairperson gets to appoint. But if it's more than 15 months, there's a process which is this special election, and in that time, I guess I'm more concerned that there's no language it seems that would prevent somebody from being temporarily appointed while also running in that special election. So, if I'm reading everything correctly, I don't think I can support because of what's contained here in Section (b). MS. EVANS: So, if it's okay, I understood that people did have that concern, and I had a lengthy conversation with Corporation Counsel, and if she's present? MR. INABA: Yes, Corporation Counsel is here. MS. EVANS: Because I had heard concerns. ACTING CHR. LEE LOY: Ms. Evans, hang on one second. Mr. Inaba currently has the floor right now. Hang on one second. MS. EVANS: Thank you. MR. INABA: Can I just get clarification then? Is my understanding correct, Council Member Evans. My understanding that a person could be in the running of the special election, and they could also be temporarily appointed? MS. EVANS: Yes, because I was going to throw in language to address that but was told that would be violating their rights. They'd probably be violating the —I don't want to say the U.S. Constitution, but the Constitution that the people have a right to run for office; that you couldn't take that away from them. MR. INABA: Okay, thank you. So, it's not a matter of legality for me. I can't support putting someone in temporarily who would also be running. So, I'd rather just have the seat vacant while the special election process is going on. And that's my two cents on that. Thank you. ACTING CHR. LEE LOY: Thank you, Mr. Inaba. Ms. Kimball, I see your light on, go ahead. MS. KIMBALL Thank you. I kind of honed -in on the same area as far as my concerns about this particular approach. As discussed before, you have the potential for a scenario when you have within a two-year term, three different people serving in a particular seat. So, I spent a lot of time thinking about this between the last hearing and now, and I don't see a good path forward that, Page I 1 GOEAC- 14 August 1, 2023 I think, what I'm kind of weighing in my head, is with the other communication that's here with the Chair's leeway to just touch on that. Without the special election, then you have the person that was elected initially. They leave office, then the other person gets appointed, so two. Like I said, with the special election, and I like the special election because you have that public input. Then you have the potential for three different people in there, and I think that is potentially more dis-stabilizing. So, you know, I'm waiting to hear from the rest of my colleagues. Regardless, I wouldn't support the amendment in the current form, because if we go to special election, I would not actually want to appoint somebody in that intervening period at all. I realize that based on our Elections Office predictions of how long a special election would take, that's you know, potentially three to four months without somebody in a seat. So, that's to me, the tradeoff is, do we go three to four months potentially without somebody in a seat for a special election or do we take the special election piece away. Have it be an appointment, I haven't made a decision about what I think is best, but to me that's where we are because I strongly think that the option to have three different people in a seat is not going to be real good. Thanks. ACTING CHR. LEE LOY: Thank you, Ms. Kimball. Anyone else here in Hilo? Alright seeing none, Ms. Evans, I think like my colleagues, this particular amendment has things I like and things I don't like, and I have to vote on the amendment as presented. So, I will not be supporting this particular amendment. Anyone else? I'll go ahead and take tip the vote on amending Bill 49. Vote on Motion The motion to amend Bill 49 with the contents of to Amend: Comm. 305.11 failed by the following roll call vote: (Failed) Ayes: None. Noes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Villegas and Acting Chair Lee Loy — 8. Absent: Committee Member Kdneali'i-Kleinfelder — 1. Excused: None. ACTING CHR. LEE LOY: Thank you. We are currently back to Bill 49, as amended by the contents of Comm. 305.9. Ms. Evans, I know you had one more amendment. MS.EVANS: Yes. I would like to offer to adopt Comm. 305.10. Page 12 GOEAC-14 August 1, 2023 ACTING CHR. LEE LOY: Ms. Evans, the motion would be to amend Bill 49 with the contents of Comm. 305.10. Is that your motion? MS. EVANS: Yes, please. Amend Bill 49 with the contents of Comm. 305.10. Motion to Amend: Ms. Evans moved to amend Bill 49 with the contents of Comm. 305.10. Seconded by Mr. Inaba. ACTING CHR. LEE LOY: Ms. Evans. MS. EVANS: Thank you. This is taking away the special election, and basically pointing out if there is a vacancy what the process would be to fill that vacancy. So, what we have done is we've taken a look at the number of days. We've also pointed out that should the Council fail to fill the vacancy within 30 days, the presiding officer shall appoint a successor with the qualifications required. Again, there's a comment about (b) and (c) is what happens, if in fact, someone does get elected in the primary that they would be able to take that seat, in that it would not be accounted towards their term limit. So, it's much narrower in scope, and so, available for questions or comments. ACTING CHR. LEE LOY: Ms. Evans, have you yielded the floor? MS. EVANS: Yes, I yield. Thank you. ACTING CHR. LEE LOY: Thank you. Here in Hilo, any comments? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I have a question for Council Member Evans related to Section 3-4 (b) about the candidate that is elected to serve in that position. Is this how you would solve your situation, where Council Member Richards was elected to serve in the Senate, and there was one meeting in which there was no representation for the district? Is that sort of the situation that we're trying to solve for with letter (b). I'm trying to think of other scenarios. MS. EVANS: Well so, what happened was, is that when that happened, and I took a look at the Charter, a couple things stood out to me. One, was that notifying the members was by registered mail, because that's the way they use to do it in the late 70's; and the other thing, that there was no direct comment about, if someone did get duly elected in the primary, that in fact, they could fill that seat until the next term, right, for the unexpired term. There was no discussion about that. So, what it did was it left it up to the Chair to make a decision. They didn't have to appoint me or didn't even have to fill it. I mean it seemed to be to the discretion of the Chair to make a decision, and she decided not to move forward at all on either appointing me or anybody else. Page 13 GOEAC-14 August 1, 2023 MS. KIERKIEWICZ: Chair, so sorry, I think we're going off on a tangent here. So, August are primary elections. The Council, we do not run as party, it's nonpartisan. Council Member Richards was serving as Council Member through August, September, October. When he was elected to serve in the State Senate in November, there was one meeting in which Council District 9 did not have representation. So, I don't see how one could have been appointed in August, when there was still someone serving in that capacity. So again, I'm just trying to understand if (b) is to address what we just experienced with Council Member Richards. Then also Council Member Kanuha when he was elected to the Senate. Having representation at that one meeting in November, because a month later, members of this body are sworn in. MS. EVANS: Right. So, but what this is talking about is if the vacancy would occur during a period of time where someone did get elected in August, and yet the seat could be vacant the next day. It could be, like you said, "Tim" Richards just happened to be in the November election. I mean, basically what it's saying is that period of time between when they, let's say, it all depends on when the vacancy occurs. I guess it's very specific between if a vacancy occurs after an election has taken place where a candidate did get elected in the primary that that person, maybe it's the next day, maybe it's in November; maybe it's September or October. It's just saying that's how you would fill it, and that person was duly elected. They could take that seat. It would not go towards their term limit. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Any more questions'? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. I need to digest this. I want to make sure everything is really crystal clear, because if it's not clear to us, it's not going to be clear to the voter, and we want to be able to explain with accuracy what is intended here. I'm apt to supporting the Council by resolution, appointing someone to fill a vacancy here on the Council. I'm going to go back to what I said from the very beginning, which is the hiring process this body architected to hire our County Auditor, Tyler Benner. That was a very transparent process where we had the top candidates essentially interviewing in a public forum. We, I think, can craft in County Code or Council Rules, how that process could play out in a way that empowers this body to review potential candidates to serve for that position and appoint it in a way where the community also has the opportunity to weigh in during these public hearings. Page 14 GOEAC- 14 August 1, 2023 I'm not quite sure where I am with supporting these particular amendments, but those are my thoughts, and I just appreciate us taking this special election component, all of it. There're too many scenarios where we could potentially have instability of leadership for a district, and I think what we want is stability. Thank you, Chair. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. Mr. Inaba. MR. INABA: Yeah if Corporation Counsel could come forward? I'm just reading through Section (b) again, and I think I hear where the intention is coming from here. But basically, if a vacancy —and sorry we're just throwing out all the scenarios, but if a vacancy should occur the day before. Or, I don't know, let's say two weeks before the primary election results come out and the Council begins the process to appoint, yet somebody wins in the primary election, where does that leave us? Do we continue with the appointment process via resolution or does the person who wins in the primary election become the Council Member of the district? I just think it leaves us in a weird place. If we initiate a process as a Council for appointing and then now there's a winner in the primary election. (Note: At this time, Corporation Counsel Elizabeth Strance, came forward to address the members of the Committee.) Ms. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. Just so that I'm clear, we're looking at Comm. 305.10. MR. INABA: Yes. MS. STRANCE: The concern is that Section (a) provides for a process of filling a vacancy, and then (b) provides a different method of filling a vacancy in that there's a potential where you could start under Section (a) and then run into a situation with (b). MR. INABA: Yes. MS. STRANCE: That's conceivable, I think other jurisdictions may have addressed that issue by including provisions that the process described in Section (a) would be told or suspended a certain period of time before an election. So that, the election process goes forward. In this situation, if there was a duly elected Council Member at the primary stage, then Section (b) would apply. If there was going to be a runoff in November, then Section (a) would apply. That's how I think I'm reading that. Page 15 GOEAG 14 August 1, 2023 I hadn't thought about that particular scenario. I thought about a lot of them, but not that one. Mostly I think what the legislation is trying to do, and it's consistent with the other counties, and that is where you have short-term and long-term types of vacancies. MR. INABA: Yeah, perhaps maybe it's just that the language needs to say that, if the Council fails to appoint someone by resolution before there's a winner in the primary; or if a primary election candidate wins outright in the primary and the Council has failed yet to appoint someone, then the winner of the primary gets the position. It's just that there's an (a) and a (b) that could potentially be at play at the same time. So, I would rather have the person who was elected by the public get in. But I feel like this language in Section (b) right now is saying, any vacancy that occurs during the period of time after an election. So, is that saying that the vacancy itself occurred after the election or does it count that it's happening during the time after the election? MS. STRANCE: So, I'm understanding Subsection (b) to mean that the vacancy — so, the person leaves office during a time after an election where somebody's duly elected. Whether that is the primary or the general, that that person would step into the office at the time that the vacancy occurs. So, let's look at Senator Richards' situation. He didn't run in the primary, and a candidate is elected at the primary, but the vacancy doesn't occur until November. So, at that time the elected official would step in for that period of time after the general election when Senator Richards had to resign by law, and the new Council is sworn in. MR. INABA: Okay, well I'm going to give a date then. If the primary election is, let's say August 14"', and a vacancy occurs on August I Ot" where does that leave us? Because technically, the Council Chair could notify us and select the date that we're going to act to fulfil that vacancy. But at the same time, four days later, somebody could win in the primary election, but I don't think subsection (b) in the way it's currently written, allows, because the vacancy didn't occur after the election, it occurred right before the election. So, what would we do in that case? MS. STRANCE: I see what you're saying. There would be an argument that the process in Subsection (a) would apply because the eligibility of the duly elected official arose after the vacancy. Yep, that would be it. MR. INABA: Alright. MS. STRANCE: Yah, that would be a problem. Page 1.6 GOEAC-14 August 1, 2023 MR. INABA: Okay, I don't —to the maker of the amendment, I think we're getting closer. I can't support this amendment as it's written right now either. If we can maybe tweak the language a little bit to be specific, and I think it really has to whether or not we've acted and found someone yet. If, on August 1 Ot", there's a vacancy? But on August 14th, the primary election results show someone has won outright, I personally feel that person should get the spot and that we don't act as a Council because the folks of the district voted. Then you know, it would be potentially putting in someone new for just three months or so till December. So, I just want to see if we can tweak this language to address that potential loophole here. MS. STRANCE: May I? I hear what you're saying. It seems as though there is some general support for the idea that if somebody is duly elected and there's a vacancy, they should step in. So, I think, and I can work with. Council Member Evans, that we can combine those thoughts within a single process under Subsection (a) or have subparagraphs. But then it's set forth a priority for appointment. Then you wouldn't run into the issue that you're raising where there's two processes that could potentially conflict. I think that's workable. MR. INABA: Okay, thank you. Chair, I yield. ACTING CHR. LEE LOY: Thank you, Mr. Inaba. Ms. Kimball. MS. KIMBALL: Thank you, Chair. Just to the maker and anybody else out there. You know, the Charter amendments are big deals, and they take a long time, and we have lots and lot of time on this one. So, we should get it right. I actually have some questions for our Clerk and our Elections Administrator because what I'm kind of actually seeing is an evolution of a lot of its language back to what's already in the Charter. So, my question to you folks would be first. Are there any additional costs when we run an election when there's a Charter amendment included? I mean obviously, it's just another box on the ballot, but there are other things in terms of notification to the public that have to happen. So, just off the top of your head, are there any additional costs to the County with the Charter amendment? (Note: At this time, County Clerk Jon Henricks, came forward to address the members of the Committee.) MR. HENRICKS: Jon Henricks, County Clerk, County of Hawaii. There are some costs for publication. I don't think there are costs that are really like singled out because of that, because we have to print the ballots anyway, and I don't think it costs anymore to do that. We just have to write a notification; perhaps some translation. Page 17 GOEAC-14 August 1, 2023 There's going to be a new digital voter information guide that comes out, and that might increase costs if there's Charter amendment questions because we would include that. We :have to work with Corporation Counsel; we wouldn't, it's their responsibility to create an explanation for every Charter amendment, and those will be translated. So, for each one, and then, time costs money. We're all here working anyway, but if you're factoring in the time it takes to work on these things, just as part of our jobs then, those are resources that are expended when it comes to preparing the voters for Charter amendments. I was just reminded that if there's a lot of Charter amendments, then it'll be two pages to the ballot as opposed to one potentially. Not common in non -reviewed Charter Commission years, but possible. MS. KIMBALL: In your recollection, how —we had obviously, we're talking about Council Member Richards' vacancy, Council Member Kanuha at the time, his vacancy, how frequently are we having to deal with vacancies in office, really? MR. HEN:RICKS: Other than those two, not often. I think one previous was due to a Council Member resigning, and then the seat was filled pursuant to what's in the Charter now. The Council went through that process. Then the two most recent examples —I don't know when and if that happened before, even though you think that it probably did, because it happened twice within the last six years, four years maybe? But not that I can recall very often prior to these two examples, and the last one I can recall wasn't for those reasons. It was a resignation to pursue some other type of career, if you want to call it that, a career. Occupation? MS. KIMBALL: Let me then just ask, in your professional opinion as the Clerk of this body, could some of these suggestions about how we handle the process of appointing to fill a vacancy, could they live within the Council Rules as opposed to requiring the process of a Charter amendment. For example, could we have a section of the Charter rules that says, "in the event of a vacancy," and get into this whole idea if there's somebody duly elected, that should be the first name put forward? Is that something we could do, keep internal, or do you recommend that this actually should be at the level of the Charter? MR. HENRICKS: I would defer to our Corporation Counsel, largely on that question. It really depends upon if the rules are refinement of what's in the Charter. But even at that level of refinement, it would be debatable as to whether or not those procedures should have been put to a vote of the public. Since currently, the public through its vote on General Election ballots controls what's in the Charter. So, there could be some elaboration on how the Council would handle —let's just say this wasn't on the table right now, but there is discussion about how to deal with what's currently in the Charter for vacancy in office, the language that's there, and the Council adopting rules to establish procedures specific for that. I think there's Page 18 GUPAC-14 August 1, 2023 room for that discussion. It just would depend upon what those procedures were and how far they went. Perhaps if, at some point, it might be viewed that it was maybe distorting a little bit, what the Charter's intentions were, and then that would be subjective as well, but it's possible. MS. KIMBALL: I mean, Judge Strance if you've got an opinion on that, I'd love to hear it, but as I look at some of these other more editorial amendments for example, just the first one, "the Council shall appoint." At this point it doesn't have the word, by resolution a successor. I think it would be perfectly reasonable to have in our rules, "by resolution" is the process rather than putting this forth as a Charter amendment. The question is, when we get to the specifics of Item (b), which I believe is the issue that the drafter is intending to solve. Whether or not that goes beyond the bounds of just clarification and does require a community vote. So, Judge Strance, your thoughts. (Note: At this time, Corporation Counsel Elizabeth Strance, came forward to address the members of the Committee.) MR. STRANCE: Elizabeth Strance, Corporation Counsel. I hadn't thought about it in terms of your Rules of Procedure. I'd want to look at that a little bit more carefully because it has that substantive ring to it. But you have the Charter; you have the County Code, and you have your Rules. So, we've been talking mostly about the Charter. So, as long as any of those other processes, the County Code or your Rules are not in consistent or violate the terms of the Charter, they would be permissible. So, the Charter is written in very general terms, which gives this body quite a bit of leeway in terms of how it would want to handle filling vacancies. MS. KIMBALL: Thank you for that, and I think that's important to note that the Charter is often frustratingly vague, but there is a purpose for that, and is that it allows for interpretation through our Code and our Rules at a later point. You know I'm kind of ambivalent on the particular amendment. I see those editorial changes are meaningful, but as I'm sitting here listening today, I'm kind of evolving my thinking as to, you know, whether or not just doing this by Charter is the right approach. I'm willing to keep it on the table for further discussion to give Judge Strance some time to look at the Rules, process, or something like that to have some further discussions with the maker. But I think it bears consideration that this has actually become somewhat unnecessary given the discussion we're had this far. I yield, Chair. Page 19 GOEAC- 14 August 1, 2023 ACTING CHR. LEE LOY: Thank you, Ms. Kimball. Anyone else? Ms. Galimba. MS. GALIMBA: So, I guess I just wanted to sort of second Chair Kimball's idea of keeping it on the table. I think there is something that it is solving for. It's pretty rare —it's pretty low probability of a situation that this bill would be that Section (b) occurs, but not possible. So, I think there is some merit to it, but it is a big process to go through a Charter amendment. So, maybe we should think about if there is some way to fix that without the whole shebang of a Charter amendment, and I don't know if there is. Maybe it is necessary. So, just saying, I guess, that it is very confusing to think through all of these scenarios. So, definitely would want to have some time for that. But also, not saying that there isn't something there that we might want to clarify. I yield. ACTING CIIR. LEE LOY: Thank you, Ms. Galimba. I see Ms. Kagiwada putting on her mic, go ahead. MS. KAGIWADA: Thanks Chair. Yeah, just to add to the confusion a little. Another scenario I'm just thinking about or just a question, I guess. Ifavacancy occurs, say, a month before the primary election, it is Lip to the Chair to decide if the process should start. I mean, the way It's written, it seems like you need to start the process. There's no leeway there to decide whether or not you start the process. So, I guess that's just a question. So, you know, a month before you have the start of the process and you might finish the process a few days before the election, and that seems problematic if somebody then is duly elected. I don't know. The, the question is also, as discussed before, could potentially be one of several people that are running be put forward and be selected. That could be quite awkward if they don't win and somebody —I don't know. It just seems like there's a lot of potential around that time period for awkwardness and not knowing what to do if actually that scenario were to happen. Food for thought. I'm just very confused as well. MR. HENRICKS: Madam Chair. ACTING CHR. LEE LOY: Thank you, Ms. Kagiwada. Mr. Clerk, MR. HENRICKS: Just to touch upon what Council Member Kagiwada just said. You know if this were to happen. If a vacancy were to occur any time near or around the primary, I don't think there would be any discretion. If we're operating under (Comm.) 305. 10, then Subsection (a) would take effect, because we could never make a presumption that there would be an outright winner in a primary. Now, if the field is already set and somebody is running unopposed, then you can make some presumptions at that point that there's going to be a winner in the primary. Page 20 GOEAC-14 August 1, 2023 You know exactly who it's going to be. If there's two candidates, then you can make some presumptions. Well, it's safe to say one of those two people is going to be victorious. If there's only two of them, then that will have to be the case. So, I think to your point, there's so many different scenarios that would occur. To what Council Member Inaba had stated before, you know, I understand that right now in Subsection (b), because of the words, "any vacancy that occurs during the period after an election," that could cause some concern too. But I would say, if the Council starts the process under Subsection (a) and it completes it, then you don't have a vacancy anymore. So, if that was even a day before the primary election, and that would not look so maybe —but it is what it is. You know, if those timeframes occurred on the unlikely events that those occurred, then sobeit. The Council has fulfilled its duty under Subsection (a) and the person who won election in the primary or in the general election, the seat wouldn't be vacant, so, Subsection (b) would not apply. But to your point, it probably should be clarified as far as occurring after the vacancy —the vacancy occurring afterwards. I think that makes a lot of sense. It would show up in some areas where there wouldn't be questions as to what happens next. ACTING CHR. LEE LOY: Any? Ms. Kimball, I saw Ms. Villegas reaching for her light. Go ahead, Ms. Villegas. MS. VILLEGAS: Yeah, clear as mud and navigates through so many different scenarios. Having been one of the people that then was elected after my predecessor became our State Senator, I didn't get any repercussions, or I didn't hear a lot of negatives from the constituents in that capacity. Just kind of, as we all navigated this summertime, there are times when we can't be here, even if we're still in the role. You know, I understand the extenuating circumstances and their concerns for essentially death, is what it sounds like that extenuating circumstance, which thankfully we have not had to navigate with our Council. But otherwise, I suppose I share some of the overall perceptions that risk versus reward; hard versus good. You know, the work required versus where we really end up, and it sounds like we end up back where we already are where the safeguards and the parameters are in place to keep up aligned and just having, you know, knowing as we all navigate our lives in these roles. If we have to miss a couple of votes or a couple sessions due to personal or health reasons, or of whatever not, we've been able to navigate through that as a Council, as a body and support our community and not have overtly negative long-term impacts on that. Page 21 GOEAC- 14 August 1, 2023 So, I suppose, I feel like we're still —the potential of missing out on one vote, I don't think anybody's area of the island would be hugely negatively impacted —that the complication of these numbers and backwards and forwards, and if then, and if then, and if then, I'm just not feeling really comfortable or confident in pursing that process. So, thank you, Council Member Evans for your determination in trying to find that special sweet spot where all of this could come into alignment, and unfortunately, I'm not feeling —that I'm finding that sweet spot myself, and I humbly admit if that's at my own error or lack of capacity to understand it. So, with that I yield. ACTING CHR. LEE LOY: Thank you, Ms. Villegas. Ms. Kimball. MS. KIMBALL: Yeah, I'll just conclude on a very similar point, which is to say, you know, it turns out actually, the drafters of our Charter are pretty smart. In this case, you know, all of these scenarios that we were coming around —oh, what if this, what if this, what if this? Well, I think that actually speaks to why it's vague in the process, and it isn't very clearly defined. That body that is there to deal with the specificity of the given scenario at the time is the Council, and I think we can continue to trust the Council to make that decision in light of the facts that exist at that time. So, I think I'm going to, you know, say I'm not sure this is necessary as a Charter amendment. I'm certainly willing to entertain Rules of Procedure that might clarify the process of how we do these things that are in accordance with the Charter as written. Thanks Chair, I yield. ACTING CHR. LEE LOY: Thank you, Ms. Kimball. Anyone else? MS. EVANS: Chair. ACTING CHR. LEE LOY: Go ahead, Ms. Evans. MS. EVANS: Thank you. Great discussion. Love the discussion of the different scenarios. Want to just point out that this (Comm.) 305.10 is amending Bill 49. If we go back to the original Charter, it still says, "Notification has to be by registered mail." No other alternative. A lot of this was meant to just kind of update it since it hadn't been looked at, but I think registered mail, I think it would be nice to kind of update it. For me, personally, there's a lot of changes, and I think the confusion might be is that we're not looking at the original Charter and comparing it to this communication, because this communication is comparing it to Bill 49. Page 22 GOEAC-14 August 1, 2023 So, what I would like to do is have more conversations with Corporation Counsel; address some of the concerns that I heard today, and if everybody's okay, I would like to withdraw (Comm.) 305.10, and I don't know what order to do this in, but I'd like to postpone and come back with a different amendment; and the next time have the original. Charter with us when we're comparing the Charter to whatever the communication is. That's my recommendation. Withdraw Motion Ms. Evans withdrew her motion to amend Bill 49 to Amend: with the contents of Comm. 305.10. ACTING CHR. LEE LOY: As the maker, Ms. Evans, with your acknowledgement that you will be withdrawing Comm. 305.10, we would be back to the main motion, at Bill 49, as amended with the contents of (Comm.) 305.9, which was a clerical error. That's where we would be right now, and if it is your desire to postpone, this would be the opportunity. If not, we would move forward on the vote. MS. EVANS: I would like to postpone. I think we've passed the (Comm.) 305.9. So, we corrected the clerical error, but I would like to postpone until our next Committee meeting. ACTING CHR. LEE LOY: Our next Committee will be August 15th, and the motion would be to postpone Bill 49, as amended, to August 15. Motion to Postpone: Ms. Evans moved to postpone Bill 49, as amended to Draft 2, to August 15, 2023. Seconded by Mr. Inaba. ACTING CHR. LEE LOY: Any discussion on the postponement? See none. Ms. Kierkiewiez, on the postponement. MS. KIERKIEWICZ: This is sort of related to the postponement, Chair, and if you would provide me a little bit of latitude here. We have had numerous discussions on this topic, to date, and I wonder if the best course of action at this point is to withdraw the bill in its entirety. There are so many different ways in which we could proceed with addressing vacancies in office, including our Council Rules. I would just feel more comfortable if we removed this bill from the discussion; allow Council Member Evans time and space to take everything that we've shared on the dais; consult with Corp. Counsel; consult with our Clerk, and then come forward with a fresh, clean course of action. MR. BROWN: Chair if you don't mind. Page 23 GOEAC- 14 August 1, 2023 MS. KIERKIEWICZ: Thank you. I know I'm beyond talking about the postponement but — MR. BROWN: No, this is related to that. That option actually is not available, because now the bill has been amended. So, the maker of the motion cannot just withdraw. MS. KIERKIEWICZ: She can't withdraw the bill? MR. BROWN: No because it has been amended. So, you could postpone; a couple of different options, different kinds of postponements. That would be options at the Council's disposal. MS. KIERKIEWICZ: Okay, I would support. Thank you for that clarification. I wasn't aware that we couldn't withdraw once amendments were made. That being said, I would support postponing to the Call of the Chair. Again, allowing for additional time to just pursue what the various options are. I don't think we need to get super detailed in our Charter. That's supposed to provide the power and the function. Then the nuances and context and detail can live in our Code or potentially our Council Rules. And I think that is what the majority of the members of this body are advocating that Council Member Evans pursue. Thank you, Chair. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. You know we're getting close —we're beyond the start of our next meeting. Currently, it is a motion to postpone Bill 49 to our August 15 th agenda. Any conversation on the motion to postpone? Mr. Inaba. MR.INABA: Thank you. Just a question to Council Member Evans. Doyou feel that is enough time to kind of take in everything that we've discussed, or do you need more time? MS. EVANS: The reason I like the time specific is because this discussion is so critical when we do a Charter amendment, that this discussion that we have just had has been very important because we were leaning towards special election for a couple of our meetings that we've had as a group. We really were leaning towards special election, and I think today we really got clarity that we don't want the special election, and I think that was really important. I think it moved us along, and you know, I would like to bring back something on August 15tr, . But I do think that we need to have the original Charter next to whatever the communication is to see really what the big differences are because it is confusing unfortunately, because it's amending Bil149, which Bill 49 amended the Charter. Page 24 GOEAC-14 August 1, 2023 So, I think it would be nice. I'd like to try to make it more clearer, and I would like to have it on August 15t". Thank you for asking. MR. INABA: Thank you. On the postponement, I'll support the postponement, but I think that at the next hearing we need to either decide that we're going to move it forward or get rid of this bill, if it's not the right vehicle for us. So, support one more postponement at this time. ACTING CHR. LEE LOY: Thank you, Mr. Inaba. Anyone else, on the postponement? Seeing none, I'm going to wrap it up. Absolutely, in support of postponing this one more time. However, we've had a lot of discussion, and I think there is an opportunity to address this in our Rules. That's where I'll be. I'll be supporting this postponement now, but at our next meeting, I'm more than likely won't support the bill at all. I'd like to see some work done in our Rules where we could actually advance the Rule first, and then fill in with a possible Charter amendment. Those are my thoughts. On the postponement, all those in favor to postpone Bill 49, as amended, please say "aye." Mr. Clerk, a roll call please. Vote on Motion to The vote on the motion to postpone Bill 49, as amended to Draft 2, Postpone: to August 15, 2023, was carried by the following roll call vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, and Acting Chair Lee Loy — 5. Noes: Committee Members Kierkiewicz and Kimball — 2. Absent: Committee Members Kdneali'i-Kleinfel der, and Villegas — 2. Excused: None. ACTING CHR. LEE LOY: Thank you, Mr. Clerk. Motion carries. This bill will be postponed to our August 15th agenda. Page 25 GOEAC- 14 ADJOURN- There being no further business, at 2:16 p.m., Mr. Inaba moved to MENT: adjourn the meeting. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Lee Loy — 7. Noes: None. Absent: Committee Members Kdneali'i-Kleinfelder and Villegas — 2. Excused: None. ACTING CHR. LEE LOY: This meeting is adjourned at 2:16 p.m. Approved: Ms. Cindy Evans, Chair' Committee on Governmental Operations and External Affairs CE/dt (Date) August 1, 2023 Page 26