HomeMy WebLinkAboutBIL 276 Draft 01 2006-2008OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo , Hawaii
Introduced By:
Date Introduced
Firs[ Reading:
Published:
Brenda Ford
April 22, 2008
May 20, 2008
N/A
REMARKS: 5/20/08 - Close file due to
lack of required two-thirds vote
5/7/08 - Postponed
4/22/08 - Postponed
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REA9ARKS:
ROLL CALL VOTE
AYES NOES ABS EX
Ford X
Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
5 4 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Ford
Hoffmann
Ikeda
Jacobson
Naeole
Pilago
Yoshimoto
/ DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNC/L CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
COUNTY CLERK
276
Bill No.:
Approved/Disapproved
of
20
day
C-1121/PWIRC-67
Reference:
Ord No.:
MAYOR, C'OUNTYOFHAWAI`I
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. z75
ORDINANCE NO.
ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE III, LEGISLATIVE
BRANCH, COUNTY COUNCIL, SECTION 3-17, OF THE HAWAII COUNTY CHARTER
2000 (2006 EDITION), RELATING TO THE COUNTY REAPPORTIONMENT
COMMISSION, AMENDING SECTION 3-17 IN ITS ENTIRETY, RENAMING IT THE
REDISTRICTING COMMISSION, AND ESTABLISHING APPROPRIATE
REDISTRICTING CRITERIA.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Article III, Legislative Branch, County Council, section 3-17
sets forth the requirements of redistricting to change the council district boundazies to produce
council districts of substantially equal population or as neazly equal in population as practicable.
The most basic right of an American is the right to vote. Additionally, the rights to have an
equal vote and to vote in a fair election are basic concepts in American tradition and law.
Currently, section 3-17 is misnamed as the county reapportionment commission ("RC").
"Reapportionment" is the process of reassigning a given number of seats in a legislative body to
established districts, usually in accordance with an established plan or formula. The number and
boundazies of the districts do not change, but the number of members per district does. Section
3-17 should be renamed the "county redistricting and the redistricting commission"
("commission"). "Redistricting" is the process of changing the council district boundaries. The
number of council members per district does not change, but the districts' boundazies do.
Presently, section 3-17 has only four criteria that "guides" the commission in establishing
council district boundazies rather than requiring the commission to follow current federal, state,
and county laws on redistricting. During the 2001 reapportionment/redistricting, the RC refused
to observe two of the criteria without any justification (no. 1 & no. 4) and also refused to follow
part of another criterion (no. 2). The results of the final plan indicated extreme partisanship,
Favored incumbents, continued to keep a bizarrely drawn council district, fractured communities
of common interest, exceeded the federal mandate for no more than a 10 % total deviation for a
redistricting plan, and included nonresident military, nonresident military dependents, declared
nonresident college students, and declared foreign nationals (aliens).
The result of this deliberate disregard of the established criteria was community tumult
and two lawsuits were filed against the county in an attempt by the community to rectify the
redistricting plan passed by the RC and obtain a fair and equal vote. Both lawsuits against the
county failed at the local court level. One case was taken to the state supreme court and failed.
Reasons stated by the 3-2 majority of the state supreme court included that they "assumed"
several beliefs not in evidence. That same case was taken to the U.S. Supreme Court, but was
not selected to be heard.
In the years since section 3-17 was originally passed, federal and various state case law
have established multiple and additional criteria for fair redistricting that need to be incorporated
into the county charter. To effectuate appropriate changes before the next census year (2010),
the county charter, section 3-17 needs to be rewritten to establish legal criteria that shall be
followed by future commissions. The proposed charter amendments would accomplish this task.
SECTION 2. Article III, section 3-17, of the Hawaii County Charter 2000 (2006 Edition)
is amended to read as follows:
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Section 3-17. County Redistrictine and the Redistrictin¢ Commission.
(a) Purpose.
(1) To nrovide fair, equal, and representative redistricting_practices;
(2) To provide equal and representative council district boundaries;
(3) To incorporate the most current federal and state laws and case precedents
into Hawaii county's redistricting_policies; and
(4) To establish a redistrictine commission that shall use legal methods to
establish the boundaries of council districts.
(bl U.S. census veazs aze federally defined as veazs ending, in the numeral zero (e.s.
2010, 2020, etc.).
(c) Each veaz ending in the numeral one (e.Q. 2011, 2021, etc.) and every tenth veaz
thereafter shall be redistricting years.
(dl The redistricting commission shall be appointed and confitrned by July 1 of the
U.S. census year before the start of the redistricting veaz to allow sufficient time
for selection and training of commissioners regazdin tg he legal requirements for
redistrictine.
~e~ Redistricting commission.
There shall be a county redistricting commission ("commission") that
shall establish the boundaries of the council districts followine each
federal census veaz.
(2) Each commission shall consist of nine members.
(A) Each member shall be a permanent resident of the county of
Hawaii, and a qualified voter.
(B) Each council district as determined in the previous, legal, final
redistricting_plan shall be represented b~v one commissioner.
(C) In each U.S. census veaz, each county council member in office on
July 1 of that census year shall have the Hower:
(i) To nominate a nerson to represent that council district
provided that the nominee shall be a permanent resident of
that council district at the time of nomination to the
commission; and
(ii) To nominate a person to fill any vacancy occurrin og n the
commission for the unexpired term provided that the
nominee shall be a permanent resident of that council
district at the time of nomination to the commission.
Dl The maiority of the county council shall have the rieht to confirm
the nominee. The member may be removed upon recommendation
of the respective council member for that district with the majority
approval of the county council.
(E) The county council shall act to confirm or reject any nomination
made to the commission by the respective council member within
forty-five days after receivine notice of the nomination from the
council member. If the council does not confirm or reject any such
appointment within forty-five days, the appointee shall be deemed
to have been confirmed.
(Fl Each member shall serve from approval by the county council until
a legal, final plan is produced and/or all legal challenees to the
redistrictingplan are extinguished, and/or a redistrictin¢ plan is
accepted by the court(s) -only then shall the commission be
dissolved.
(G) No more than four members shall be registered with the same
political party_(e.Q. republican, democratic libertarian, or rg een),
or an independent who is not registered with any political party.
~) The chairperson and vice chairperson shall be elected annually by
the members of the commission.
(I) Members shall receive no compensation but shall be reimbursed
for necessary expenses incurred in the performance of their duties.
Necessary expenses ma} be paid in advance as per diem allowance
that shall be established by ordinance.
(fl The affirmative vote of a majority of the entire membership to which the
commission is entitled shall be necessary to make any action valid.
(Q) A quorum shall be a maiority of the members to which the commission is entitled.
~h) Applicable federal and state laws, and case precedents for redistrictin¢ shall be
followed.
(i) Notwithstanding any other provision in this charter, no person shall by reason of
occupation alone be barred from serving as a member of this commission.
~L The county council shall have the power to establish redistricting criteria, rules
and procedures, and the minimum training requirements for the commission.
(k) The commission shall have the power necessary to:
(1) Establish the rules and reeulations for the conduct of the commission's
business subiect to the minimum requirements approved by the county
council; and
(2) Establish the rules recazdine the time and place of all reculaz and special
meetings, and public hearings.
(1) The redrawine, of council district boundaries during a council member's term shall
not affect that council member's eli ig bility to represent the district to which the
member was elected or appointed.
(m) The commission shall file a redistricting_plan with the county clerk by December
31 of the redistricting veaz.
(nl The county clerk shall furnish all necessary technical and secretarial services for
the redistricting commission. The county council shall appropriate necessary funds
to enable the commission to carry out its duties.
(o) The district boundaries as established by the commission shall be in effect at the
first re ug laxly scheduled council election following the filing of the plan and for
all subsequent council elections until the next redistricting_yeaz. The district
boundaries in effect prior to the filing of the redistricting elan shall remain in
effect during the duration of the term of all council members elected or appointed
to represent such districts until the expiration of the full term of such council
members, includin¢ any election held to fill an unexpired term under section 3-4
of this charter.
Cpl The redistrictine commission shall adhere to the followine criteria in establishing
the boundazies of the council districts:
11 Council districts shall have anproximately equal, permanent, resident
populations, as required by applicable constitutional provisions, and to
prevent vote dilution to the maximum deeree practicable.
(2) Nonresident military, nonresident military dependent(s), nonresident
student(s), and foreien nationals or aliens shall be excluded from the
permanent, residentpopulation base used to calculate each proposed
council district's emulation and its deviations from an ideal council
district's population.
(3) An ideal council district's population shall be the total number of
permanent residents divided by the number of council districts. This ideal
council district population number shall be used to determine b,~what
percentage each council district deviates from an ideal council district.
L) The number of council districts to which a geographical district is iustified
shall be determined by adding together the census tracks within each
geographical district and dividins that number by an ideal council district's
population. Round fractional portions of such districts to the nearest
inte¢er to determine the number of council districts required for that
geo¢raphical district.
(5) The total deviation for the entire redistrictingplan shall be less than 10%.
(61 The maximum council district deviation for a proposed district shall not
exceed plus or minus 4.99% of an ideal council district's population.
(71 If a population of permanent residents must be moved to a different district
to equalize deviations and such equalization involves a subdivision, the
entire subdivision shall be moved as a unit, if practicable.
{81 Documented, high-gxowth areas shall have proposed council district
boundaries drawn to receive the most negative council district deviation(s)
percentage in the proposed redistricting_plan so that as that high- rg owth
azea or district continues to increase in population between census veazs,
the council district's deviations may be equalized.
(9) No district shall be drawn to unduly favor or penalize a person, political
faction, or incumbent.
f 101 There shall be no partisanship in drawing district boundaries.
(11) District boundaries shall be drawn without reeazd to incumbent's
residence, incumbent's ability to run for re-election in their current district,
or whether the incumbent faces another incumbent for re-election.
~2) "Community of interest (community of common interestl" is a community
defined by actual shazed interests, and shall be respected and be kept
toeether, if practicable.
(13) Districts shall be drawn that are as compact as practicable while
maintaining the community of interest.
{14) The county shall use reasonably current computer mapping technolo~y and
provide access to such technology to the public.
(15) All parts of the district shall be continuous to the district. All parts of a
district shall be continuous and be reachable by roads internal to the
district.
{161 Council district boundazy lines shall, if practicable, follow permanent and
easily recoenizable features.
(17) There shall be no Qerrymanderinn for any reason.
(181 Drawing bizarre district shapes shall be avoided (even if a previous district
was designed usin¢ a bizarre shape).
{19) There shall be no fracturinn (also known as cracking) of racial minorities,
political parties, or communities of interest, if practicable.
(20) There shall be no packing of racial minorities or political parties in
districts.
6
~1) The "one person, one vote doctrine" shall be used.
(22) "Standard of fairness" principles shall be part of the redistrictine elan.
~3) If the commission diverges from the other criteria in section 3-17 or other
requirements adopted by the commission, it shall legall~justifv the
divergence in public at the time the commission decides to adopt or
diverge from criteria and before the final meetine of the commission.
Written iustification, in addition to meetin¢ minutes, shall be included with
the submission of the final redistrictingplan to provide anv court with the
rationale of the commission for divergences from criteria.
(24) Socio-economic criteria that are used in the redistricting_plan in addition to
the requirements of this chapter shall be identified, documented, and
approved b~jority vote, before drawing_proposed district boundazies, if
practicable. If there is anv divergence from approved criteria, each
divergence shall approved by maiority vote of the commission, and shall
be documented and included in the final redistrictinc plan.
(251 All additional criteria as soon as practicable and shall be determined,
approved by a majority commission vote, and subject to the same rules of
public disclosure, and be iustified in the final report submitted by the
commission.
(26) Keep Socio-economic groups toeether, if practicable.
X27) The decision date for the final redistricting_plan and the deadline for the
submission of alternate plan(s) shall be determined by the second meeting
of the commission and publicly announced.
(281 Submission of anv alternate plan to the commission shall be submitted at
least eieht weeks prior to the deadline for the final redistricting plan
decision. The alternate plan:
A. Mav be submitted by any member(sl of the public and shall be
Given critical (judicious) scrutiny by the commission;
B. Shall be legal and conform to the above criteria and any other
criteria adopted by the commission;
C. Havine a lower total deviation (while not exceedine plus or minus
4.99% in any council district? than the commission's plan shall be
selected for the final redistricting.plan unless the commission can
alter its plan to achieve equal or lower total deviation than the
alternate plan offered;
D. Shall include a computerized map of the proposed districts;
E. The total population used to devise the plan, and the total
deviation;
F. Shall provide a chart showing each proposed council district's:
i. Proposed emulation number, and
ii. Its deviation from an ideal council district population (not
to exceed plus or minus 4.99%);
G. Written iustification for anv divergence from these rules or
criteria; and
H. Whether accented or not, shall be documented in the commission's
final report stating the reason the alternate plan was selected or
rejected.
(29) A final, written report shall be submitted by the commission with the final
redistrictine Ulan chosen and shall include:
(A) The final vote of the commission as to its choice of redistrictine
.plan;
(B) The total permanent, resident population base used by the
commission;
(Cl Each proposed council district's population and its associated
deviation;
(D) Maps of each district, a written description of each district's
boundaries
E) A man of the entire county with all proposed council districts
included;
(F) The total deviation of the final redistricting_plan;
(G) Justification for any divereence from anv of these requirements
and anv additional criteria used by the commission;
(H) Minutes of all meetings and hearines associated with redistricting;
and
(I) Anv other data used by the commission in their deliberations."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii county for approval
at the 2008 general election.
SECTION 6. The charter amendment proposed in this ordinance shall take effect upon its
approval by a majority of voters in the 2008 general election.
INTRODUCED BY:
-°-~
COUNCIL MEMI~ R, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
.- _.
' ~ ~ 1121
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