HomeMy WebLinkAboutCOM 1121.001 2006-2008
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Phone: (808)326-5421
BRENDA J. FORD Fax: (808)329-4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona r•.,
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HAWAII COUNTY COUNCIL? a m..
County ofHawai'i - F,
Kadua Trade Center
75-5706 Hanama Place, Suite 109 _
Kailua-Kona, Hawaii 96740
DATE: April 9, 2008 c.i
TO: Pete Hoffmann, Chairperson,
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member (;n Q_ 1 . I
SUBJECT: Proposed Amendment to Bill 276
(Proposing a charter amendment relating to the County reapportionment
commission).
Below for your consideration are six proposed amendments to Bill 276, a bill for an ordinance to
initiate a charter amendment to article III, section 3-17, of the Hawaii County Charter 2000
(2006 Edition), relating to the County Reapportionment Commission. For illustrative purposes,
proposed amendments to the existing language of Bill 276 have been bolded and ramseyered
below.
1. Amend the proposed new language of section 3-17, subsection (e), "Redistricting
commission" by removing paragraph (e)(2)(G). This amendment would also re-designate the
two paragraphs that presently follow this deleted paragraph, (G) and (H). As amended,
subsection (e) would read:
"(e) Redistricting commission.
(1) There shall be a county redistricting commission ("commission") that
shall establish the boundaries of the council districts following each
federal census year.
(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 by only one commissioner.
(C) In each U.S. census year, each county council member in office on
July 1 of that census year shall have the power: ,
Comm. No. -L Ref. To: 5"a I
Serving the Interests of the People of Our Island Ref. Date _ nn n 7f1f1R
Hawaii County Is An Eoual Opportunitv Provider And Emplover
April 9, 2008
Page 2
(i) To nominate a person 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 occurring on 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.
(D) The majority of the county council shall have the right 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 receiving 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.
(F) Each member shall serve from approval by the county council until
a legal, final plan is produced and/or all legal challenges to the
redistricting plan are extinguished, and/or a redistricting plan is
accepted by the court(s) - only then shall the commission be
dissolved.
[(G) No more than four- members shall he registered with the same
politieal party (e.g. f demoer-atie, libertarian, a
green), or an independent whe is not registered with %Fiy
pol+tfeal Ham]
[(I ](G) The chairoerson and vice chairperson shall be elected annually
by the members of the commission.
[O](H) Members shall receive no compensation but shall be
reimbursed for necessary expenses incurred in the performance
of their duties. Necessary expenses may be paid in advance as
per diem allowance that shall be established by ordinance."
2. Amend the proposed new language of section 3-17, subsection (h) by adding a provision that
requires the commission to comply with the open meeting and records requirements contained
in chapter 92, Hawaii Revised Statutes and section 13-20 of the Hawaii County Charter. As
amended, subsection (h) would read:
"(h) All meetings and records of the redistricting commission shall comply with
chapter 92, Hawaii Revised Statutes, and article XIII, section 13-20, Hawaii
County Charter. In addition, all other applicable federal and state laws, and
case precedents for redistricting shall be followed."
April 9, 2008
Page 3
3. Amend the proposed new language of section 3-17, subsection (p), paragraph (25) by moving
the phrase "as soon as practicable and" to a later part of the sentence and by subsequently
deleting the word "and" that follows. As amended, subsection (p), paragraph (25) would read:
"(25) All additional criteria [as soon as praefleable ] shall be determined as soon
as practicable, approved by a maiority commission vote, [and] subject to the
same rules of public disclosure, and be justified in the final report submitted by
the commission."
4. Amend the proposed new language of section 3-17, subsection (p), paragraph (28)(E) by
adding the words "shall include the" to the beginning of the sentence. As amended,
subsection (p), paragraph (28)(E) would read:
"E. Shall include the total population used to devise the plan, and the total
deviation;"
5. Amend the proposed new language of section 3-17, subsection (p), paragraph (28)(G) by
adding the words, "shall include" to the beginning of the sentence. As amended, subsection
(p), paragraph (28)(G) would read:
"G. Shall include written justification for any divergence from these rules or criteria;
and"
6. Amend the proposed new language of section 3-17, subsection (p), paragraph (29)(D) by
adding the word "and" following the word "district." As amended, subsection (p), paragraph
(29)(D) would read:
"(D) Maps of each district 13] and a written description of each district's boundaries;"
A version of the bill that incorporates the proposed amendments is attached. In this attachment,
new language is bolded for illustrative purposes.
BF
An.
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 111, Legislative Branch, County Council, section 3-17
sets forth the requirements of redistricting to change the council district boundaries to produce
council districts of substantially equal population or as nearly 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
boundaries 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' boundaries do.
Presently, section 3-17 has only four criteria that "guides" the commission in establishing
council district boundaries 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:
Commission.
(b) The initial reap« Rent semis shall eensist Rf severM-ernbers, tWO 0
Hilo, one from the udie:nl disc«:n4 of Punae one from the :udie:nl distfiet of V..+..
.
from then m binea ud1ieial dintriets dbf IsTm#l, npd Co..Rb Kona, one F.o.p 41.e
snL d1:st«:dbt dbf i-1aMak••^ ThR ab' «abern shall beappointed M.. the mayer and eenfirmed
by the eaiineil in the manner- presefibed in seetion 13 4.
.giber shall be a siden4 of eeeh a e:l d:strie! a estnshed by the pfeyieus
reappei4iomnepA n The members shall be a ntedi by the mayAr ..d7
an1'b°"ed by the ed.....a:l :b' 41.a ..bans er 'bed in seefien 13 4.
(d) The year 1991 and every teRth yeaf thereafter shall be reappal4iefiffiefit yeafs. The
«reapportiownent eemmission shall ben in4edl and ee«firmed1 by Mareh 1 of the
..e.wiownent year, aand shall file a reapportienmen4 plan with the a ...4.. eledi
by Deeember 31 of !he reapportionment yeaf. The reapportionment eeffiRiissie
shall I.e dl:ssdbl..ed after the paling of the « pert:..paneat ..Inn
alble Rae e « to earry ..4 its duties
(f) The reappet4iemnent eammissien shall be g aided by the f llowing erkeria in
esta blishing the lbd.....bdarieq of Rae ad...neil dirt ietn.
(1) die d:striet shall he drab, n to unduly fader o penalize a person or alitieal
faetion;;
(2) insofar n sable distriets should be een4igtte..a and n aet;
(3) Distriet lines shall, where pessible, follow PermaneF4 and easily
(4) Distriets shall have approximately equal resident populations as required
by applicable n nstitutidbnal «
(g) The district h-ou .ddb«:es a esta blished by the r pet4:db.b.neR4 eemmission shall be
R
e.r:ep F llo.:«a the F.l:pg of be
in effect at the firs
b J
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plan and for ^ subseque^« e eil eleetion The distfie' be..^a^':es : err «
prior to the filing of the reappet4ioranent plan shall femain in effeet defing4he
.7....atio... 4114., 4....m of all e eel'"" mbers elee«ed o appointed to r-epresent s .el.
district,. u til the e ra4ion of the full term ..f..uph st eilfflembefs ltidi...
eleetion held to fill , e red `e'°-' ndew neetion 3 n
Section 3-17. County Redistricting and the Redistricting Commission.
(a) Purpose.
(1) To provide 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; an
d
(4) To establish a redistricting commission that shall use legal methods to
establish the boundaries of council districts.
(b) U.S. census years are federally defined as years ending in the numeral zero (e.g.
2010, 2020, etc.).
(c) Each year ending in the numeral one (e.g. 2011, 2021, etc.) and every tenth year
thereafter shall be redistricting years.
(d) The redistricting commission shall be appointed and confirmed by July 1 of the
U.S. census year before the start of the redistricting year to allow sufficient time
for selection and training of commissioners regarding the legal requirements for
redistricting.
(e) Redistricting commission.
(1) There shall be a county redistricting commission ("commission") that
shall establish the boundaries of the council districts following each
federal census year.
(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 by only one commissioner.
(C) In each U.S. census year, each county council member in office on
July 1 of that census year shall have the power:
(i) To nominate a person 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
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(ii) To nominate a person to fill any vacancy occurring on 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.
(D) The majority of the county council shall have the right 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 receiving 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.
(F) Each member shall serve from approval by the county council until
a legal, final plan is produced and/or all legal challenges to the
redistricting plan are extinguished, and/or a redistricting plan is
accepted by the court(s) - only then shall the commission be
dissolved.
(G) The chairperson and vice chairperson shall be elected annually by
the members of the commission.
(H) Members shall receive no compensation but shall be reimbursed
for necessary expenses incurred in the performance of their duties.
Necessary expenses may 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.
(g) A quorum shall be a majority of the members to which the commission is entitled.
(h) All meetings and records of the redistricting commission shall comply with
chapter 92, Hawaii Revised Statutes, and article XIII, section 13-20, Hawaii
County Charter. In addition, all other applicable federal and state laws, and
case precedents for redistricting 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.
(j) 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 regulations for the conduct of the commission's
business subiect to the minimum requirements approved by the county
council; and
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(2) Establish the rules regarding the time and place of all regular and special
meetings, and public hearings.
(1) The redrawing of council district boundaries during a council member's term shall
T not affect that council member's eligibility 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 year.
(n) 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 regularly scheduled council election following the filing of the plan and for
all subsequent council elections until the next redistricting year. The district
boundaries in effect prior to the filing of the redistricting plan 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, including any election held to fill an unexpired term under section 3-4
of this charter.
(p) The redistricting commission shall adhere to the following criteria in establishing
the boundaries of the council districts:
(1) Council districts shall have approximately equal, permanent, resident
populations, as required by applicable constitutional provisions, and to
prevent vote dilution to the maximum degree practicable.
(2) Nonresident military, nonresident military dependent(s), nonresident
student(s), and foreign nationals or aliens shall be excluded from the
permanent, resident population base used to calculate each proposed
council district's population 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 by what
percentage each council district deviates from an ideal council district.
(4) The number of council districts to which a geographical district is justified
shall be determined by adding together the census tracks within each
geographical district and dividing that number by an ideal council district's
population. Round fractional portions of such districts to the nearest
integer to determine the number of council districts required for that
geographical district.
(5) The total deviation for the entire redistricting plan shall be less than 10%.
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(6) The maximum council district deviation for a proposed district shall not
exceed plus or minus 4.99% of an ideal council district's population.
(7) 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.
(8) Documented high-growth 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-growth
area or district continues to increase in population between census years,
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.
(10) There shall be no partisanship in drawing district boundaries.
(11) District boundaries shall be drawn without regard 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.
(12) "Community of interest (community of common interest)" is a community
defined by actual shared interests, and shall be respected and be kept
together, 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 technology and
provide access to such technology to the public.
(15) All parts of the district shall be contiguous to the district. All parts of a
district shall be contiguous and be reachable by roads internal to the
district.
(16) Council district boundary lines shall, if practicable, follow permanent and
easily recognizable features.
(17) There shall be no gerrymandering for any reason.
(18) Drawing bizarre district shapes shall be avoided (even if a previous district
was designed using a bizarre shape).
(19) There shall be no fracturing (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.
(21) The "one person, one vote doctrine" shall be used.
(22) "Standard of faimess" principles shall be part of the redistricting plan.
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(23) If the commission diverges from the other criteria in section 3-17 or other
requirements adopted by the commission, it shall legally justify the
divergence in public at the time the commission decides to adopt or
diverge from criteria and before the final meeting of the commission.
Written justification, in addition to meeting minutes, shall be included with
the submission of the final redistricting plan to provide any 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 by majority vote, before drawing proposed district boundaries, if
practicable. If there is any divergence from approved criteria, each
divergence shall approved by maiority vote of the commission, and shall
be documented and included in the final redistricting plan.
(25) All additional criteria shall be determined as soon as practicable,
approved by a majority commission vote, subject to the same rules of
public disclosure, and be justified in the final report submitted by the
commission.
(26) Keep socio-economic groups together, if practicable.
(27) 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.
(28) Submission of any alternate plan to the commission shall be submitted at
least eight weeks prior to the deadline for the final redistricting plan
decision. The alternate plan:
A. May be submitted by any member(s) 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. Having a lower total deviation (while not exceeding 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 may of the proposed districts;
E. Shall include 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 population number, and
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ii. Its deviation from an ideal council district population (not
to exceed plus or minus 4.99%);
G. Shall include written justification for any divergence from these
rules or criteria; and
H. Whether accepted or not, shall be documented in the commission's
final report stating the reason the alternate plan was selected or
reiected.
(29) A final, written report shall be submitted by the commission with the final
redistricting plan chosen and shall include:
(A) The final vote of the commission as to its choice of redistricting
plan;
(B) The total permanent, resident population base used by the
commission;
(C) Each proposed council district's population and its associated
deviation;
(D) Maps of each district and a written description of each district's
boundaries;
(E) A map of the entire county with all proposed council districts
included;
(F) The total deviation of the final redistricting plan;
(G) Justification for any divergence from any of these requirements
and any additional criteria used by the commission;
(H) Minutes of all meetings and hearings associated with redistricti=
and
(I) Any 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.
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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 MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
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