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HomeMy WebLinkAboutCOM 0245.001 2012-2014 BRENDA J. FORD . OF if„. Council Member „y1'': Phone: (808) 323-4277 District 6 - Portion of N. Kona, :) --=- Fax (808) 329- 4786 South Kona, Ka`u, & the Greater ; �;;:• Volcano Area E OF,H� ` E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. t," Kailua-Kona, Hawaii 96740 s N 'Cy .*O DATE: April 29, 2013 yt TO: J Yoshimoto, Chairperson, And Members of the Hawai`i County Council FROM: .)Brenda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution No. 104-13, Requesting the Legislative Auditor to Audit the Office of Elections Regarding the 2012 Primary and General Elections and to Transmit the Audit by June 15, 2013 Please find attached proposed amendments to Resolution No. 104-13, to be amended by inserting additional "BE IT FURTHER RESOLVED" clauses, to read as follows (material to be added is underscored): "BE IT FURTHER RESOLVED that the Legislative Auditor review the records of at least one previous election cycle and possibly three election cycles to provide a frame of reference for evaluating the 2012 Primary and General Elections. BE IT FURTHER RESOLVED that the Legislative Auditor review the poll books for the 2012 Primary and General Elections to determine poll opening and closing times, and also review the poll books for at least three previous election cycles to determine if the practices of opening times varies from prescribed practices. BE IT FURTHER RESOLVED that as part of a financial audit that trips to O`ahu, Kauai, and Maui for meetings and training sessions with state officials be evaluated for appropriateness in personnel involved, training, cost, and timeliness of return to the Island of Hawai`i. Comm. RgTOt. e e e Serving the Interests of the People of Our Island Hawai`i County Is An Equal Opportunity Provider And Employer April 29, 2013 Page 2 BE IT FURTHER RESOLVED that the Legislative Auditor shall submit the findings of said audit to the Office of Disciplinary Counsel in the form of a complaint against the Office of the Corporation Counsel and its respective attorneys involved in this matter to determine: (1) The legality of advice from the Office of the Corporation Counsel to not pay the two legally retained outside attorneys to provide only advice and counsel when no litigation was involved and a conflict of interest had been declared by the Office of Corporation Counsel and its entire staff; (2) If the advice from the Office of the Corporation Counsel regarding employment issues is required to be followed; (3) If the advice from the Office of the Corporation Counsel to not follow the zero tolerance alcohol policy was legal or appropriate; (4) If the advice from the Office of Corporation Counsel regarding election-related advice on employment issues was legally justified since it came from a candidate running for office; (5) If the advice from the Office of Corporation Counsel regarding an investigation into improper behavior at the Office of Elections' warehouse was inappropriate since it came from a candidate or subordinates to that candidate; (6) If a candidate whose family name was involved in an Office of Elections investigation should continue to give advice to the Chief Elections Officer of the County of Hawai`i; and (7) If anyone from the Office of the Corporation Counsel may continue to provide legal advice after the chief legal counsel declares a"conflict of interest" for the entire staff of the Office of Corporation Counsel regarding the Office of Elections or anyone involved in the investigation of misconduct while denying the retention of outside counsel only for advice and counsel." A draft copy of Resolution No. 104-13, Draft 2, is attached with these amendments incorporated therein. Thank you. BJF/la att. A RESOLUTION REQUESTING THE LEGISLATIVE AUDITOR TO AUDIT THE OFFICE OF ELECTIONS REGARDING THE 2012 PRIMARY AND GENERAL ELECTIONS AND TO TRANSMIT THE AUDIT BY JUNE 15, 2013. WHEREAS, Hawai`i County Charter Section 3-18(d) states in part that"The legislative auditor shall conduct or cause to be conducted ... (2) Performance and/or financial audits of the funds, programs, services, and operations of any county agency, executive agency, or program, as set forth by the legislative auditor in an annual audit plan that shall be transmitted to the county council and the mayor and filed with the county clerk as a public record...."; and WHEREAS, the audit plan that the Legislative Auditor submitted for fiscal years 2012- 2014 includes the Office of the Clerk and the Hawai`i County Council (Council); and WHEREAS, Hawai`i County Charter Section 3-6 (b) state in part that "...The county clerk shall: ...(3) Conduct all elections held within the County...."; and WHEREAS, the Office of Elections and the County Clerk received unprecedented public scrutiny in the prelude to and the conduct of the 2012 primary elections; and WHEREAS, as a result of unexpected technical and operational problems with the Office of Elections during the primary election, more than half of the polling places in Hawai`i County did not open at 7 a.m. as required by Hawai`i Revised Statutes Section 11-131, Hours of voting; and WHEREAS, the negative perception of the Office of Elections and the County Clerk as a result of the 2012 election reduced the public trust in the competence and integrity of Hawai`i County's government; and WHEREAS, the Council on October 3, 2012, approved Resolution No. 311-12, supporting in part the League of Women Voters' request to investigate "the processes and actions that led up to the August 11, 2012, mishaps in the Hawai`i County"; and WHEREAS, an audit of the practices and recommendations to improve the performance of the Office of Elections will help Hawai`i County maintain its public integrity in future elections; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Council hereby requests the Legislative Auditor to conduct an audit of the Office of Elections for the 2012 primary and general elections. BE IT FURTHER RESOLVED that the Legislative Auditor review the records of at least one previous election cycle and possibly three election cycles to provide a frame of reference for evaluating the 2012 Primary and General Elections. BE IT FURTHER RESOLVED that the Legislative Auditor review the poll books for the 2012 Primary and General Elections to determine poll opening and closing times, and also review the poll books for at least three previous election cycles to determine if the practices of opening times varies from prescribed practices. BE IT FURTHER RESOLVED that as part of a financial audit that trips to O`ahu, Kaua`i, and Maui for meetings and training sessions with state officials be evaluated for appropriateness in personnel involved, training, cost, and timeliness of return to the Island of Hawai`i. BE IT FURTHER RESOLVED that the Legislative Auditor shall submit the findings of said audit to the Office of Disciplinary Counsel in the form of a complaint against the Office of the Corporation Counsel and its respective attorneys involved in this matter to determine: (1) The legality of advice from the Office of the Corporation Counsel to not pay the two legally retained outside attorneys to provide only advice and counsel when no litigation was involved and a conflict of interest had been declared by the Office of Corporation Counsel and its entire staff; (2) If the advice from the Office of the Corporation Counsel regarding employment issues is required to be followed; (3) If the advice from the Office of the Corporation Counsel to not follow the zero tolerance alcohol policy was legal or appropriate; (4) If the advice from the Office of Corporation Counsel regarding election-related advice on employment issues was legally justified since it came from a candidate running for office; (5) If the advice from the Office of Corporation Counsel regarding an investigation into improper behavior at the Office of Elections' warehouse was inappropriate since it came from a candidate or subordinates to that candidate; (6) If a candidate whose family name was involved in an Office of Elections investigation should continue to give advice to the Chief Elections Officer of the County of Hawai`i; and (7) If anyone from the Office of the Corporation Counsel may continue to provide legal advice after the chief legal counsel declares a"conflict of interest" for the entire staff of the Office of Corporation Counsel regarding the Office of Elections or anyone involved in the investigation of misconduct while denying the retention of outside counsel only for advice and counsel. BE IT FURTHER RESOLVED that the Legislative Auditor transmit the completed audit of the Office of Elections by June 15, 2013. BE IT FURTHER RESOLVED that the Legislative Auditor may make recommendations to improve the performance of the Office of Elections as the Legislative Auditor deems necessary. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Legislative Auditor.