HomeMy WebLinkAboutComm No 0050 - Transmit First Reading ReportDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: May 29, 2019
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i County Charter Commission
RE: First Reading Report
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John Imiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
Please find attached the First Reading Report of the Hawai`i County Charter
Commission.
The First Reading Report will be presented to the Commission at its meeting on June 7,
2019, at which time each Charter amendment proposal will be considered individually for
Second and Final Reading.
Please contact Commission Analyst Jon Henricks should you have any questions.
DSA/jdh
att.
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 50
CA -1,
Draft 3
First Reading Report
Proposal to amend various sections of the Charter to rephrase language related to district
residency requirements, as submitted by Chair Adams.
10/12/18 Passed Initial Approval,
(recessed as amended to Draft 2
to
10/26/18)
AYES (7):
Bergin, Hamano, Rice, Saquing,
Springer, Zelko-Schlueter, Chair
Adams
Draft 2 11/9/18 Passed First Reading, as AYES (8):
amended to Draft 3 Galimba, Hamano, Rice, Roehrig,
Springer, Todd, Zelko-Schlueter,
Chair Adams
CA -2,
Draft 2
NOES (2):
Hopkins, Roehrig
ABSENT (2):
Todd, Galimba
NOES (0):
ABSENT (3):
Bergin, Hopkins,
Saquing
Proposal to amend Section 3-7 to provide that the County Council hold an equal number of
its regular meetings in East and West Hawai'i, as submitted by Chair Adams.
11/9/18 Passed Initial Approval,
as amended to Draft 2
AYES (8):
Galimba, Hamano, Rice, Roehrig,
Springer, Todd, Zelko-Schlueter,
Chair Adams
Draft 2 12/14/18 Passed First Reading AYES (9):
Bergin, Galimba, Hamano,
Hopkins, Roehrig, Saquing,
Springer, Todd, Chair Adams
CA -4,
Draft 2
NOES (0):
ABSENT (3):
Bergin, Hopkins,
Saquing
NOES (0):
ABSENT (2):
Rice, Zelko-
Schlueter
Proposal to amend Section 6-8.3, Relating to the Powers, Duties, and Functions of the
Director of the Department of Research and Development, as submitted by Commissioner
Galimba.
12/14/18 Passed Initial Approval,
(recessed as amended to Draft 2
to
1/11/19)
Draft 2 1/25/19 Passed First Reading
Page 1 of 8
AYES (11):
Bergin, Galimba, Hamano,
Hopkins, Rice, Roehrig, Saquing,
Springer, Todd, Zelko-Schlueter,
Chair Adams
AYES (11):
Bergin, Galimba, Hamano,
Hopkins, Rice, Roehrig, Saquing,
Springer, Todd, Zelko-Schlueter,
Chair Adams
NOES (0):
ABSENT (0):
NOES (0):
ABSENT (0):
First Reading Report
CA -5 Proposal to change each instance of "legislative auditor" to "county auditor" as appearing in
Section 3-18, as submitted by Commissioner Saquing.
12/14/18 Passed Initial Approval AYES (8):
Bergin, Galimba, Hamano,
Roehrig, Saquing, Springer, Todd,
Chair Adams
NOES (1):
Hopkins
ABSENT (2):
Rice, Zelko-
Schlueter
1/25/19 Passed First Reading AYES (10): NOES (1):
Bergin, Galimba, Hamano, Roehrig
Hopkins, Rice, Saquing, Springer,
Todd, Zelko-Schlueter, Chair ABSENT (0):
Adams
CA -6 Proposal to authorize the Police Commission the authority to discipline the Chief of Police
(Section 7-2.3) and the Fire Commission the authority to discipline the Fire Chief (Section 7-
4.3), as submitted by Commissioner Saquing.
CA -8,
Draft 2
12/14/18 Passed Initial Approval AYES (9):
Bergin, Hamano, Hopkins,
Galimba, Roehrig, Saquing,
Springer, Todd, Chair Adams
1/25/19 Passed First Reading AYES (11):
Bergin, Galimba, Hamano,
Hopkins, Rice, Roehrig, Saquing,
Springer, Todd, Zelko-Schlueter,
Chair Adams
NOES (0):
ABSENT (2):
Rice, Zelko-
Schlueter
NOES (0):
ABSENT (0):
Proposal to amend Section 3-2 to provide that the terms of Council Members be changed
from four consecutive two-year terms to two consecutive four-year terms; as submitted by
Commissioner Rice.
12/14/18 Passed Initial Approval AYES (6): NOES (5):
(recessed Bergin, Rice, Saquing, Todd, Galimba,
to Zelko-Schlueter, Chair Adams Hamano,
1/11/19) Hopkins, Roehrig,
Springer
ABSENT (0):
2/8/19 Passed First Reading, as AYES (6): NOES (3):
amended to Draft 2 Bergin, Hamano, Rice, Springer, Galimba,
Zelko-Schlueter, Chair Adams Hopkins, Roehrig
ABSENT (2):
Saquing, Todd
Page 2 of 8
CA -9,
Draft 3
First Reading Report
Proposal to amend Section 10-15 to provide that funds from the Public Access, Open Space,
and Natural Resources Preservation Fund be used to fund a staff position dedicated to
administering the provisions of Section 10-15 and Section 10-16 (Public Access, Open Space,
and Natural Resources Preservation Maintenance Fund); as submitted by Commissioner
Galimba.
12/14/18 Passed Initial Approval,
(recessed as amended to Draft 2
to
1/11/19)
Draft 2 2/8/19 Passed First Reading, as
amended to Draft 3
AYES (9):
Bergin, Galimba, Rice, Roehrig,
Saquing, Springer, Todd, Zelko-
Schlueter, Chair Adams
AYES (10):
Bergin, Galimba, Hamano,
Hopkins, Rice, Roehrig, Springer,
Todd, Zelko-Schlueter, Chair
Adams
NOES (2):
Hamano, Hopkins
ABSENT (0):
NOES (0):
ABSENT (1):
Saquing
CA -12 Proposal to amend Section 3-7 by adding disciplinary measures for council members who
behave in a disorderly or contemptuous manner at council meetings, or, when a council
member fails to attend three or more regular meetings of the council without being excused
by the council chair; as submitted by Commissioner Leithead Todd.
2/8/19 Passed Initial Approval AYES (8):
Bergin, Hamano, Hopkins, Rice,
Springer, Todd, Zelko-Schlueter,
Chair Adams
3/8/19 Passed First Reading
AYES (9):
Bergin, Galimba, Hamano, Rice,
Saquing, Springer, Todd, Zelko-
Schlueter, Chair Adams
NOES (1):
Roehrig
ABSENT (2):
Galimba, Saquing
NOES (1):
Roehrig
ABSENT (1):
Hopkins
CA -14 Proposal to amend Sections 6-4.3 and 6-4.4, to update language for the Qualifications and
the Powers, Duties and Functions of the Director of Information Technology; as submitted by
Commissioner Adams.
2/8/19 Passed Initial Approval
3/8/19 Passed First Reading
Page 3 of 8
AYES (9):
Bergin, Hamano, Hopkins, Rice,
Roehrig, Springer, Todd, Zelko-
Schlueter, Chair Adams
AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (2):
Galimba, Saquing
NOES (0):
ABSENT (1):
Hopkins
First Reading Report
CA -15 Proposal to amend Section 6-4.4, Powers, Duties and Functions of the Director of
Information Technology, to reflect the current status of operations; as submitted by
Commissioner Adams.
2/8/19 Passed Initial Approval
3/8/19 Passed First Reading
AYES (9):
Bergin, Hamano, Hopkins, Rice,
Roehrig, Springer, Todd, Zelko-
Schlueter, Chair Adams
AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (2):
Galimba, Saquing
NOES (0):
ABSENT (1):
Hopkins
CA -17 Proposal to add a new section to Article X, Financial Procedures, to establish a Disaster and
Emergency Fund; as submitted by Commissioner Leithead Todd.
2/8/19 Passed Initial Approval
3/8/19 Passed First Reading
Page 4 of 8
AYES (9):
Bergin, Hamano, Hopkins, Rice,
Roehrig, Springer, Todd, Zelko-
Schlueter, Chair Adams
AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (2):
Galimba, Saquing
NOES (0):
ABSENT (1):
Hopkins
CA -18,
Draft 2
First Reading Report
Proposal to amend Section 10-16, Public Access, Open Space, and Natural Resources
Preservation Maintenance Fund, to transfer administrative duties to the Department of
Finance and add permissible uses of the fund; as submitted by Commissioner Rice.
3/8/19 Passed Initial Approval, AYES (10):
as amended to Draft 2 Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
Draft 2 4/25/19 Passed First Reading AYES (10):
Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
CA -20 Proposal to amend Section 15-3, Mandatory Charter Reviews, to add protocol and
procedures for the Charter Commission, including the date by which the Charter Commission
must be empaneled, based on the provisions of Chapter 50 of the Hawai'i Revised Statutes;
as submitted by Commissioner Adams.
3/8/19 Passed Initial Approval AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
4/25/19 Passed First Reading
AYES (9):
Galimba, Hamano, Hopkins, Todd,
Rice, Saquing, Springer, Zelko-
Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (1):
Roehrig
ABSENT (1):
Bergin
CA -21 Proposal to amend Section 11-5, subsection (c), Initiative and Referendum Petitions; Forms
and Sufficiency, by replacing the word "appeal" with "repeal" as a correction of terms; as
submitted by Commissioner Adams.
3/8/19 Passed Initial Approval AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
4/25/19 Passed First Reading
Page 5 of 8
AYES (10):
Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
First Reading Report
CA -22 Proposal to amend Section 12-1.3, Signatures — Recall of an Elected Official, by removing the
requirement that a signer of a petition to recall an elected County official include the last
four digits of his or her social security number; as submitted by Commissioner Adams.
3/8/19 Passed Initial Approval AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
4/25/19 Passed First Reading
AYES (10):
Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
CA -23 Proposal to amend Section 6-5.2, Appointment and Removal — Corporation Counsel, by
adding that an attorney must be licensed to practice law for at least five years and have at
least three years of experience in an administrative capacity before being eligible for
appointment as the Corporation Counsel; as submitted by Commissioner Adams.
CA -24,
Draft 2
3/8/19 Passed Initial Approval AYES (9):
Bergin, Galimba, Rice, Roehrig,
Saquing, Springer, Todd, Zelko-
Schlueter, Chair Adams
4/25/19 Passed First Reading
AYES (10):
Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (1):
Hamano
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
Proposal to amend Sections 7-4.2 through 7-4.4 and Section 7-4.6, all relating to the powers,
duties, and functions of the Fire Chief and the Fire Commission, by amending the
prerequisites for eligibility to be appointed as the Fire Chief and to add "water safety" to the
duties and functions of the Hawai'i Fire Department as a recognition of current practices; as
submitted by Commissioner Adams.
3/8/19 Passed Initial Approval AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
4/25/19 Passed First Reading, as AYES (10):
amended to Draft 2 Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
Page 6 of 8
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
First Reading Report
CA -25 Proposal to amend Section 6-7.5 and repeal Section 6-7.6, relating to the Duties and
Functions of the Windward and Leeward Planning Commissions, to delete transitional
provisions utilized during the move from a single planning commission to a Leeward Planning
Commission and a Windward Planning Commission; as submitted by Commissioner Adams.
CA -26,
Draft 3
3/8/19 Passed Initial Approval AYES (10):
Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
4/25/19 Passed First Reading
AYES (10):
Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
Proposal to amend Section 6-2.2, relating to Qualifications for the Director of the
Department of Public Works, to remove the requirement that the Director be a registered
professional engineer, add that the five years of administrative experience to be eligible for
appointment as Director be related to the powers, duties, and functions of the Department
of Public Works, and add the requirement that candidates possess a bachelor's degree in a
field related to the powers, duties, and functions of the Department of Public Works ; as
submitted by Chair Adams.
3/8/19 Passed Initial Approval, AYES (10):
as amended to Draft 2 Bergin, Galimba, Hamano, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
Draft 2 4/25/19 Passed First Reading, as AYES (10):
amended to Draft 3 Galimba, Hamano, Hopkins, Todd,
Rice, Roehrig, Saquing, Springer,
Zelko-Schlueter, Chair Adams
NOES (0):
ABSENT (1):
Hopkins
NOES (0):
ABSENT (1):
Bergin
CA -28 Proposal to amend Section 13-4, Boards and Commissions, and Section 15-3, Mandatory
Charter Reviews, to remove language providing that membership of boards and commissions
may not contain more than a bare majority of persons belonging to the same political party;
as submitted by Commissioner Galimba.
4/25/19 Passed Initial Approval AYES (7):
Hamano, Rice, Roehrig, Springer,
Todd, Zelko-Schlueter, Chair
Adams
5/10/19 Passed First Reading
Page 7 of 8
NOES (0):
ABSENT (4):
Bergin, Galimba,
Hopkins, Saquing
AYES (9): Galimba, Hopkins, Rice, NOES (0):
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams ABSENT (2):
Bergin, Hamano
CA -29,
Draft 2
First Reading Report
Proposal to amend Section 10-6, Capital Budget and Capital Program: Scope; Council Action,
by adding language providing that prioritization of capital improvements is to be based on
criteria in alignment with the County General Plan, County Community Development Plans,
emergency expenditures, and other pertinent functional plans; as submitted by
Commissioner Galimba.
4/25/19 Passed Initial Approval, AYES (5):
as amended to Draft 2 Galimba, Rice, Roehrig, Saquing,
Springer
Draft 2 5/10/19 Passed First Reading AYES (9): Galimba, Hopkins, Rice,
Roehrig, Saquing, Springer, Todd,
Zelko-Schlueter, Chair Adams
NOES (4):
Hamano, Todd,
Zelko-Schlueter,
Chair Adams
ABSENT (2):
Bergin, Hopkins
NOES (0):
ABSENT (2):
Bergin, Hamano
CA -30 Proposal to amend Section 14-5, Board of Ethics, by adding language providing that the
Board of Ethics may impose civil fines for violations of the Code of Ethics, as prescribed by
ordinance of the County Council, that the board may transmit formal opinions regarding
potential violations of the Code of Ethics to the appropriate appointing authority, and
clarifying that the board's rules of procedure shall have the force and effect of law; as
submitted by Commissioner Adams.
4/25/19 Passed Initial Approval AYES (7):
Hamano, Rice, Roehrig, Springer,
Todd, Zelko-Schlueter, Chair
Adams
5/10/19 Passed First Reading
Page 8 of 8
AYES (9):
Galimba, Hopkins, Rice, Roehrig,
Saquing, Springer, Todd, Zelko-
Schlueter, Chair Adams
NOES (0):
ABSENT (4):
Bergin, Galimba,
Hopkins, Saquing
NOES (0):
ABSENT (2):
Bergin, Hamano