HomeMy WebLinkAboutComm No 0053.03 - Ad Hoc Committee Report re Charter Amendment Summaries
DRAFT BALLOT LANGUAGE
AND SUMMARY LANGUAGE
FOR PROPOSED CHARTER AMENDMENTS
To be Adopted by the 2018-2020 Hawaii County Charter Commission
(Charter Amendment proposal numbers in parentheses included for information in this draft;
final ballot languagesummary document will not include this information.)
PROPOSAL #1(CA-1, 5, 14, 21, 22, 25)
RELATING TO TECHNICAL, LINGUISTIC, AND GRAMMATICAL REVISIONSOF
THE CHARTER: Shall the Charter of the County of Hawaii be amended by making
various technical, linguistic, and grammatical revisions throughout the Charter?
This proposal would correct certain technical, linguistic, and grammatical issues in the Charter.
PROPOSAL #2 (CA-2)
RELATING TO COUNCIL MEETING LOCATIONS: Shall the Charter of the County of
Hawaiibe amended to require that the Hawai‘i County Council hold an equal number of
its regularly scheduled meetings in East Hawai‘i and West Hawai‘i?
This proposal was brought forward to acknowledge and systematize the council’s practice
of holding an equal number of regularly scheduled meetings in East HawaWest
ial
districts. The commission finds that establishing this basic equivalence of council meeting
locations between EW
governance.
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PROPOSAL #3 (CA-4)
RELATING TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT: Shall
the Charter of the County of Hawaii be amended by clarifying the Department of
Research and Development’s powers, duties, and functions?
This proposal would strengthen both the approach of the Department of Research and
Development to encourage collaboration with various governmental stakeholders and
the department’s explicit focus on holistic, interdependent issues. In addition, the
proposal would delete a section that is a remnant of the federal formula grant programs
established in the 1960s. The commission finds that advances in grant research and
management technologies facilitate the decentralization of the department’s functions
included in previous charters.
PROPOSAL #4 (CA-6)
RELATING TO AUTHORITY OF POLICE AND FIRECOMMISSIONS: Shall the
Charter of the County of Hawaii be amended to authorize the Police Commission to
discipline the Police Chief and the Fire Commissionsto discipline the Fire Chief?
This proposal would clarify that the authority to discipline the Chief of Police rests with
the Police Commission, and the authority to discipline the Fire Chief rests with the Fire
Commission. The commission finds that previous charters provide authority for the Fire
Commission and Police Commission to appoint and remove the respective chief, but have
been unnecessarily silent on the commissions’ authority to discipline the chiefs. The
corporation counsel supports the clarification of this explicit authority in the charter.
PROPOSAL #5 (CA-8)
RELATING TO TERMS OF COUNCIL MEMBERS: Shall the Charter of the County
of Hawaiibe amended to change the terms of office for Council Members to four years
from the current two years,starting with the 2022 County Council term, with no current
member serving more than eight consecutive years?
This proposal would change the duration of the terms of council members to four years
from the current two years, with the number of consecutive terms not to exceed two. The
proposal also would establish a provision to enable the transition from the current term
system to the proposed system, starting with elections in 2022. The commission finds that
county governance will be strengthened by this modification without inappropriately
affecting voters’ access to their county legislators.
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PROPOSAL #6 (CA-9)
RELATING TOTHE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND: Shall the Charter of the County of Hawai be
amended to allow monies in the Public Access, Open Space, and Natural Resources
Preservation Fund to pay salary, wages, and benefits for staff dedicated to supporting the
Public Access, Open Space, and Natural Resources Preservation and Maintenance Funds?
This proposal would allow monies in the public access, open space, and natural resources
preservation fund to pay salary, wages, and benefits for staff dedicated to supporting the
purposes of the fund and the public access, open space, and natural resources
preservation maintenance fund. The commission finds that allowing the fund to be used
only for purchase or acquisition of lands and easements in the County of
pay the principal, interest, and premium due with respect to bonds issued for the purpose
of the fund, as previous charters do, does not adequately support an adaptable and
responsive administration of the fund.
PROPOSAL #7 (CA-12)
RELATING TO DISCIPLINE OF COUNCIL MEMBERS: Shall the Charter of the
County of Hawaiibe amended to allow the County Council to discipline its members
through temporary suspension without pay for disorderly or contemptuous behavior or
failure to attend three or more regularly scheduled CountyCouncil meetings without being
excused by the Chair ofthe CountyCouncil?
This proposal would add an option for the council to discipline its members through
temporary suspension without pay for disorderly or contemptuous behavior or failure to
attend three or more regularly scheduled council meetings without being excused by the
council chair. The commission finds that the council needs a limited mechanism that
assists with the established methods of legislating.
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PROPOSAL #8 (CA-15)
RELATING TO THE DEPARTMENT OF INFORMATION TECHNOLOGY: Shall the
Charter of the County of Hawaiibe amended by removing Department of Information
Technology oversight of the information systems maintained by the Office of the
Prosecuting Attorney and the Police Department?
This proposal was brought forth by the prosecuting attorney and supported by the
department of information technology. The proposal would exempt the information
technology systems of the office of the prosecuting attorney and the police department
from oversight by the department of information technology. Previous charters have
provided for department of information technology oversight of the operations of
information technology systems of all county departments and agencies, except for the
department of water supply. The information technology systems of the office of
prosecuting attorney and the police department are currently operated by those
departments due to the law enforcement functions of those systems. The commission
acknowledges the differences inherent in the law enforcement information technology
systems from those found in the other county departments. This proposal will assist in
more coherent oversight by the department of information technology of the remaining
departmental systems.
PROPOSAL #9 (CA-17)
RELATING TO THE ESTABLISHMENT OF A DISASTER AND EMERGENCY FUND:
Shall the Charter of the County of Hawaii be amended by establishing a Disaster and
Emergency Fund for specific and limited purposes, to be funded by an annual
appropriation of a minimum of one percent of real property tax revenues?
This proposal would establish in the charter a disaster and emergency fund, monies for
funded by an annual appropriation of a minimum of one percent of certified
which would be
real estate tax revenues, state and federal grants, the federal emergency management
agency, private sources and other sources of revenue. The proposal enables the
accumulation of at least $20 million in the fund. The fund shall be used only for the
following purposes in the event of a natural or human-caused disaster or emergency:
repair of county facilities and infrastructure; cleaning of county property; providing for
immediate response to deal with public health and safety risks; matching federal, state or
private grants-in-aid to restore public property; paying for county operational expenses in
certain circumstances; acquiring property to mitigate potential disasters or emergencies;
and administrative expenses. The fund would be administered by the director of finance.
The commission finds that the current fund in county code does not provide an adequate
measure of protection for county infrastructure and residents, and needs to be upgraded
as a top priority of county government.
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PROPOSAL #10 (CA-18)
RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND: Shall the Charter of the County of Hawaii be
amended to provide the Department of Finance full management responsibilities for the
Public Access, Open Space, and Natural Resources Preservation Maintenance Fund and to
expand the purposes for which the fund may be expended?
This proposal would change the responsibility for administering the maintenance fund
from the Department of Parks and Recreation to the Department of Finance. In addition,
expenditures directly related to the purpose of public safety maintenance and preservation
of lands and easements acquired by the public access, open space, and natural resources
preservation fund would include building and installing toilet facilities, maintenance
equipment storage sheds, weather protection structures, and creating trails and paths for
land access. This proposal further refines the procedures by which stewardship grants are
applied for and processed, to include requiring a detailed business plan and returning
unexpended funds to the maintenance fund within thirty days of the final report. The
commission finds that placing the maintenance fund in the department of finance and
expanding the purposes for which the maintenance fund may be expended is in the best
interest of the public access, open space, and natural resources preservation program.
PROPOSAL #11 (CA-20)
RELATING TO MANDATORY CHARTER REVIEWS: Shall the Charter of the County
of Hawaiibe amended to align the process by which the County Charter Commission
conducts its review of the Hawai‘i County Charter with the current requirements of State
law?
This proposal would more clearly define the process by which the county charter
commission conducts its decennial review of the Hawai
Revised Statutes (HRS),
Consequently, the proposal would augment current charter review procedures by more
closely aligning the commission’s charter review timeline and process withthe HRS
structure established for initial charter development. In addition, the commission finds that
appointing the commission in July of the year prior to the the charter review year does not
provide additional time for the commission’s work, due to a state requirement that the review
be accomplished within one year. As a result, the proposal would have the commission be
appointed in January of the charter review year, which would allow for the completion of the
commission’s review and development of ballot language in time for the electors of the county
to vote on any proposed amendments during the general election of the year following the
charter review year.
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PROPOSAL #12 (CA-23)
RELATING TO CORPORATION COUNSEL: Shall the Charter of the County of Hawaii
be amended to require that qualifications to serve as the Corporation Counsel include
being licensed to practice law for at least five years and having at least three years of
supervisory experience?
This proposal would provide additional qualification requirements associated with legal
and administrative experience. This proposal was brought forth by the Corporation
Counsel. The commission finds that the Corporation Counsel should have the acument to
handle the myriad of legal issues that the County handles on a daily basis, and the skills
to manage, supervise and operate a govenmental legal department. Further, the
durations of experience for legal and administrative functions exercised by the
Corporation Counsel noted in the proposal are reasonable minimum qualifications.
PROPOSAL #13 (CA-24)
RELATING TO THE HAWA: Shall the Charter of the County
of Hawaiibe amended to modify Fire Department functions, Fire Chief qualifications, and
Fire Commission powers and duties?
This proposal would add water safety as a core function of the fire department, provide
for additional minimum qualification requirements for fire chief selection, and clarify
fire commission powers, duties and functions. The proposals were brought forth by the
fire chief and fire commission. The commission finds that the addition of the water safety
as a core function of the fire department provides clarity within the county for this
important safety function. The addition of minimum education and experience
capacity to manage, supervise and operate an organization responsible for first response
capabilities throughout the island and off its shores. The refinements to the fire
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PROPOSAL #14 (CA-28)
RELATING TO MEMBERSHIP ON BOARDS AND COMMISSIONS: Shall the Charter
of the County of Hawaiibe amended to remove political party membership limits for the
makeup of County boards and commissions?
This proposal would remove the language in the sections regarding boards and
commissions and mandatory
of members of these boards and commissions shall belong to the same political party. The
commission finds that when the charter was first established, ensuring fair representation
of political minorities on county boards and commissions was consistent with the partisan
nature of county government. With the advent of non-partisan elections for county
electoral offices, the charter language has become obsolete and may impede the ability to
bring diversity of other kinds to the membership of county boards and commissions.
PROPOSAL #15 (CA-29)
RELATING TO THE CAPITAL BUDGET AND CAPITAL PROGRAMS: Shall the
Charter of the County of Hawaiibe amended to require that capital improvement
priorities be based on criteria aligned with the County General Plan, County community
development plans, emergency expenditures, and other pertinent functional plans?
This proposal would add language to the capital budget section of financial procedures
that requires that capital improvement priorities be based on criteria aligned with the
county general plan, county community development plans, emergency expenditures, and
other pertinent functional plans. The commission finds that there is a need to strengthen
the linkage between planning and programming in the charter. This proposal would
provide that linkage, while assuring flexibility in budgeting.
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PROPOSAL #16 (CA-30)
RELATING TO THE BOARD OF ETHICS: Shall the Charter of the County of Hawaii
be amended to clarify that the rules of procedure of the Board of Ethics shall have the force
of law and grant the Board of Ethics authority to impose civil fines for violations of the
Code of Ethics?
This proposal would address staggered terms of board members, clarify the force and
violations of the code of ethics, and remove transitional language. Elements of the
proposal have been brought forth by the board of ethics. The commission finds that the
board of ethics needs to have remedies available to it to both handle and deter violations
of the code of ethics. Also, the removal of the transitional phrasing is mitigated by the
of procedure affirms that the rules have the force and effect of law.
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