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HomeMy WebLinkAboutREP PWIRC 060 03/11/2008 2006-2008 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: March 11, 2008 Re: Comm. No. 1056/Bi11257 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Communication No. 1056, regarding Bi11257, reports as follows: Bi11257, transmitted by Council Member Pete Hoffmann via Communication No. 1056, dated February 27, 2008 proposed a bill for an ordinance to initiate an amendment to Article XI of the Hawaii County Charter (2000), relating to initiative and referendum. This bill would repeal Article XI in its entirety and replace it with new language. Committee Chair Brenda J. Ford relinquished her seat to Vice-Chair Dominic Yagong. There was no public testimony presented on this proposed bill. County Council Chair Pete Hoffmann thanked the League of Women Voters who diligently worked closely with the County Clerk on bringing this forward and spent long volunteer hours to make it user friendly, as well attempting to address the difficulties in the initiative and referendum process in the Hawaii County Charter. This is a great example of citizens moving forward and taking initiative on proposed legislation which this county should consider. In summary, Mr. Hoffman encourages his fellow colleagues to review and offer comments on this issue. Furthermore, he stated that floor amendments will be introduced in this meeting. Debbie Hecht and Marion Wilkin representatives from the League of Women Voters, appeared before your committee offering a brief presentation on the proposed bill. Ms. Hecht stated that the petition initiative and referendum process protects the right of citizens to establish laws. Furthermore, the League of Women Voters worked with members of the 2% Land Fund campaign to rewrite Article XI with clear, unambiguous language, and provided guidelines in chronological order to ensure the process is fair for all participants and citizens of the county. County Clerk, Casey 7arman, commented that it was a pleasure to work with the group and they worked well together despite disagreements. The result of everyone's efforts is the creation of the proposed bill before the committee. PWIRC REPT.: 60 Elections Administrator Pat Nakamoto also thanked the League of Women Voters and agreed that it was also frustrating for the Elections Division during the 2% Land fund campaign and her office did their best to implement the initiative and referendum using procedures in place at that time. Ms. Nakamoto agreed to sections of the proposed bill but not entirely. She would like to have a portion of the original section remain. Your committee heard from Council Member Ford a request for consideration of four separate proposed floor amendments via Communication 1056.2 dated March 10, 2008. A motion was made to bifurcate and vote on each amendment separately. This motion was duly seconded and approved. The amendments were as follows: (1) Item one proposes amendments to section 11-1. Powers of Initiative and Referendum, 11-4. Initiative and Referendum Process, 11-7. Results of Election of the proposed amendments to the Charter as well as SECTION 5 of Bi11257. This motion was duly seconded and approved. After a motion was made by Ms. Ford and duly seconded and approved to Suspend the Council's Rules of Procedure, a further amendment section 11-1 (Item one) was proposed to reinsert into the first sentence of subsection (f) "within ten working days of receipt of the alternative language." This motion was also duly seconded and approved by Your Committee. (2) Item two proposes amendments to section 11-5. Initiative and Referendum Petitions: Forms and Sufficiency of the proposed amendments to the Charter. A motion to amend with Item two was duly seconded and approved. (3) Item three proposes an amendment to section 11-5. Initiative and Referendum Petitions: Forms and Sufficiency of the proposed amendments to the Charter. A motion to amend with Item three was duly seconded and approved. (4) Item four proposes an amendment to section 11-8. Results of Election. The proposed subsections for addition are left undesignated. A motion to amend with Item four was duly seconded and approved. A further amendment to was proposed to amend section 11-7 (Item four, previously 11-8), Results of Election, by changing the language in the new third subsection, as follows: "(a) A "no" vote shall be a negative response. Anon-vote where there is no response, shall not be counted affirmatively or negatively. (b) If a majority of the voters voting upon a proposed initiative ordinance shall vote in favor of it, the ordinance involved shall thereupon be an ordinance of the county. A proposed initiative ordinance which is not approved by a majority of voters on it shall thereupon be repealed. O Ordinances passed using Article XI, lnitiative and Referendum, shall not be Repealed or amended for at least 3 years from the date of election approval, except by [~=:~s] a two-thirds vote of the Hawaii County Council. PWIRC REPT.: 60 ~ _ _ _ O Legislation passed by this article shall not be subject to veto by the Mayor." Your Committee commented and discussed each proposed item separately on the four main issues in this charter rewrite; 1) voter address qualifications; 2) clarifying the initiative and referendum process; 3) defining the initiative's purpose; and 4) verification of a petition's signatures. Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and intent of Bill 257, as amended to Draft 2, and recommends it pass first reading. dkr AYES NOES A&E EX Respectfully submitted, FORD X HIGA X COMMITTEE ON PUBLIC WORKS AND HOFFMANN X INTERGOVERNMENTAL RELATIONS IKEDA X i JACOBSON X NAEOLE X BRENDA J. FORD, CHAIR PILAGO X YAGONG X PWIRC REPORT NO. 60 YOSHIMOTO X ADOPTED: MAR Z 5 208