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HomeMy WebLinkAboutRES 334 Draft 01 2008-2010 OFFICE INFORMATION ONLY May 5, 2010 — Council Meeting (38 Session) Meeting: Close File — May 5, 2010 Action: Re: Resolution 334 -10 /C -807 COUNTY OF HAWAII RESOLUTION NO. 334 10 A RESOLUTION PROPOSING AN ALTERNATIVE AMENDMENT IN PLACE OF CHARTER PROPOSAL CA -17, RELATING TO THE REAPPORTIONMENT COMMISSION. WHEREAS, Hawai`i Revised Statutes, section 50 -8, provides: STATE OF HAWAII 150 -8 Submission of proposed charter to legislative body of the county. Within one year of its appointment, the charter commission shall submit a report in writing on its activities, findings, and recommendations to the legislative body of the county together with a draft of the proposed charter. The legislative body of the county may in tum propose one or more sections as alternative, or alternatives to any section of the proposed charter; provided that there shall not be more than a single proposition under any alternative proposal. Within thirty days after the receipt of the proposed charter from the commission, the legislative body shall return the proposed charter with the alternatives to the commission for its study. "; and WHEREAS, pursuant to Hawai`i Revised Statutes, section 50 -8, and in response to the Charter Commission's Report to the Council dated April 13, 2010, the Council hereby proposes as an alternative amendment to Charter Proposal CA -17 that article 1II, section 3 -17 of the Hawaii County Charter 2000 (2008 Edition) be amended to read as follows: "Section 3 -17. County [Reappertionmentl Redistricting Commission. (a) There shall be a county [reapportionment] redistricting commission which shall establish the boundaries of the council districts. (b) The initial [reapportionment] redistricting commission shall consist of seven members, two of whom shall be residents of the combined judicial districts of North and South Hilo, one from the judicial district of Puna, one from the judicial district of Ka'u, one from the combined judicial districts of North and South Kona, one from the combined judicial districts of North and South Kohala, and one from the judicial district of Hamakua. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13 -4. (c) Each subsequent [reapportionment] redistricting commission shall consist of nine members. One member shall be a resident of each council district as established by the previous [reapportionment] redistricting commission. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13 -4. (d) The year 1991 and every tenth year thereafter shall be [reapportionment] redistricting years. The [reapportionment] redistricting commission shall be appointed and confirmed by [March 1 of the r apportionment ygar,] July 1 of the year immediately preceding the redistricting year, and shall file a [reapportionment] redistricting plan with the county clerk by December 31 of the [reapportionment] redistricting year. A report shall be filed with the redistricting plan providing an explanation of the commission's reasoning for the plan and how the plan complies with the criteria provided in subsection (g). The [reapportionment] redistricting commission shall be dissolved after the filing of the [reapportionment] redistricting plan. (e) Prior to completing a draft of the redistricting plan, the commission shall hold at least one public hearing in each of the nine council districts. Upon completion of a draft redistricting plan the commission shall hold at least one public hearing in east Hawai`i and one in west Hawai`i. [(e3]jf The county clerk shall furnish all necessary technical and secretarial services for the [reappertienment] redistricting commission. The council shall appropriate necessary funds to enable the commission to carry out its duties. [(f)](g) The [reappertionment] redistricting commission shall [be guided by adhere to the following criteria in establishing the boundaries of the council districts: (1) (2) (3) No district shall be drawn to unduly favor or penalize a person or political faction[;], racial minority, or incumbent council member [ compact; District lines shall, where possible, follow permanent and easily recognizable features; (4) Districts shall have approximately equal, permanent resident populations as required by applicable constitutional provisions[:]; j The total deviation for the entire redistricting plan shall be Tess than ten percent; 01 The maximum council district's deviation for a proposed district shall not exceed plus or minus four and ninety-nine one hundredths percent (4.99 %) of an ideal council district's population; al Nonresident military, nonresident military dependents, nonresident students, 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; f Communities of common interest, such as subdivisions, shall be respected and kept together in the same council district; and All parts of a district shall be reachable by roads internal to the district. [(g)](h)The district boundaries as established by the [reappertionmcnt] redistricting commission shall be in effect at the first regularly scheduled council election following the filing of the plan and for any subsequent council election. The district boundaries in effect prior to the filing of the [reappertienrxent] redistricting plan shall remain in effect during the duration of the term of all councilmembers elected or appointed to represent such districts until the expiration of the full term of such councilmembers, including any election held to fill an unexpired term under Section 3 -5. "; and 2 Districts shall be contiguous and WHEREAS, material proposed for deletion is bracketed and stricken through, and material proposed for addition is underscored; and WHEREAS, differences between Charter Proposal CA -17 and the alternative amendment provided herein are indicated by bolded font, except for the title of section 3 -17; and WHEREAS, the provision in Charter Proposal CA -17 providing for appointment of the 2011 redistricting commission is retained, to read as follows: "Section 2. The provision of appointing the members of the redistricting commission by July 1 of the year immediately preceding the redistricting year shall not apply to the 2011 redistricting commission. The 2011 redistricting commission shall be appointed in the manner of Section 3 -17(d) of the 2008 edition of the charter. "; and WHEREAS, the council proposes the alternative amendment for the following reasons: The most egregious errors committed by the previous Reapportionment Commission need to be clarified with certainty in this charter amendment. 2. Criteria 1: The 2001 reapportionment favored every single incumbent. This is statistically impossible unless there was a calculated effort to do so. Additionally, numerous U.S. Supreme Court rulings consistently state that racial motivations in redistricting shall not be allowed. 3. Criteria 2: It is technically possible with existing computer software to make council districts as compact as possible and contiguous. The word "shall" needs to be included, not "should" which may be interpreted as allowing desirability rather than a duty. 4. Criteria 4: It is important to state the word "permanent" as part of the criteria. We have over a million tourists per year — most in West Hawai`i. They should not be included as residents even though they reside here during the census. Also, the Pohakuloa Training Area will be increasing the number of military personnel. This base is in North Hawaii. Military personnel are not considered residents of this County unless they vote in this County rather than their district of origin where they enlisted. 5. Criteria 5: Past U.S. Supreme Court rulings have established that 10 percent is the outside range for total deviation. The Redistricting Commission shall abide by that precedence, and it should be part of the required criteria. 6. Criteria 6: To keep council districts as equal as possible, plus or minus five percent is the outside range for district deviations. The Redistricting Commission shall abide by that precedence, and it should be part of the required criteria. Using plus or minus 4.99% of an ideal council district's population ensures that the Redistricting Commission treats each district equally and fairly, rather than having one district with a nine percent deviation and the other eight districts with a 0.1% deviation. It also ensures that each person's vote is as equal as possible. 7. Criteria 7: To guard against inflating a council district's population with 3 • nonresident military, nonresident military dependent(s), nonresident student(s), and foreign nationals or aliens, they should 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; 8. Criteria 8: This was a major issue during the 2001 reapportionment because subdivisions were divided. The communities thus treated complained bitterly that they did not want this to happen. In an Alaska State Supreme Court decision (9` Circuit), this issue was decided in that communities of interest could not be divided since this division allowed or encouraged gerrymandering. 9. Criteria 9: Several times the Reapportionment Commission attempted to create districts in which a resident of the district had to drive outside of the district to reach another area of the district. This procedure is not allowed and needs to be permanently clarified; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Hawai`i Revised Statutes, section 50 -8, it hereby submits for the consideration of the 2009 -2010 Charter Commission the alternative amendment as provided herein. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the 2009 -2010 Charter Commission and the Office of the Corporation Counsel. Dated at , Hawai`i, this day of , 2010. INTRODUCED BY: C COUNCIL ME ER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES AI3S EX Hilo, Hawaii ENRIQUES FORD 1 hereby certify that the foregoing RESOLUTION was by GREENWELL the vote indicated to the right hereof adopted by the COUNCIL of the HOFPMANN County of Hawai`i on IKEDA NAEOLE-BEASON ATTEST: ONISHI YAGONG YOSHIMOTO Reference: C 807 /Council COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 334 10 4 'At