HomeMy WebLinkAboutMIN CHC PH 1999-06-23PUBLIC HEARING OF THE
HAWAII COUNTY CHARTER COMMISSION
WEDNESDAY, JUNE 23, 1999
ALPHABETICAL INDEX
Subject Page numbers
Adjournment 15
Background 1
Budget 1
Call to Order 1
Council Terms 12
County Department Input 1
Division of Permitting 2
Fire Commission 2, 4
Human Services Department 2, 3, 6
Impeachment 14
Initiative and Referendum 14
Introduction of Charter Commission Members 1
Introductory Remarks 1
Managing Director 2, 4, 5, 6, 7, 8, 12, 13
Mandatory Program Reviews 2, 8, 9, 11
Mass Transit 4
Neighborhood Boards 2
Non-partisan Elections 2, 3, 5, 7, 12
Organization 1
•
r
Police Commission 2
Political Subdivisions 9, 11
Public Meetings 2
Public Testimony 3
Qualifications for Department Heads and Deputies 2
Safety Coordinator 2
Salary Commission 2
Special Election 5, 7, 12
Wastewater/Water Supply 2
HAWAII COUNTY CHARTER COMMISSION
Transcript of Public Hearing of June 23, 1999
Kahakai School Cafeteria
Kailua-Kona, Hawaii
Members J. Ray, E. Alonzo, K. Balog, M. Herkes, S. Irvine, D. Kurozawa,
Present: G. Martin, J. Santangelo, G. Yoshiyama
Absent: S. Bess, R. Higashi
CALL TO ORDER
Chairman John Ray called the meeting to order at approximately 5:00 p.m.
INTRODUCTION OF CHARTER COMMISSION MEMBERS
RAY: This is a public hearing of the 1999-2000. Charter Commission. We are in
Kona this evening. Thank you all for coming. I would like to introduce the members of
the Commission that are here this evening. Starting to my far right: Sue Irvin, Gary
Yoshiyama, Kevin Balog, Daryl Kurozawa, George Martin, myself John Ray. To my left:
Marni Herkes and John Santangelo.
INTRODUCTORY REMARKS
RAY: To give you a little bit of just general background on the review process
that we are involved in. As mandated by law every ten years, this Charter Commission
was appointed by the Mayor and confirmed by the County Council in January. We
have been meeting monthly since February, focused initially on internal organization,
the hiring of staff. Administrative Assistant, Sharron Henry, is here recording this
evening. Her duties entail research, recording minutes, communicating both internally
and with the public. Our legal staff, our legal counsel is Christopher Yuen who is not
here this evening. Chris basically makes sure we operate in a procedurally correct
manner. He's in charge of legal research, drafting opinions and drafting proposed
language for the Charter amendments we come up with. Our budget, appropriated for
this process, is $130.000 appropriated. The last Charter review expended $113,000 on
the review of the Charter. The major costs for staff and meeting costs including the
public notices which are quite expensive over the course of a year or more with the
public meetings,
We've recently completed a round of meetings where we have received input from
various County Departments. Sort of a broad brush approach to get major
1
• suggestions in terms of what the County Departments might be looking at. Some of the
initial suggestions we've received have been looking at the mandatory program
language as is in the Charter now; the responsibilities and placement of the Safety
Coordinator, whether to keep that position under the Mayor or to move to the
Corporation Counsel or perhaps Civil Service; responsibilities of the Police
Commission; the possible establishment of a Fire Commission; expanding the
jurisdiction of the Salary Commission to cover all Department Heads and Deputies;
looking at the minimum qualifications for the Department Heads and Deputies; the
creation of a Human Service Department for elderly services including the Office of
Aging; transferring the Wastewater Division from Public Works to the Water
Department; creation of a Permitting Division to consolidate all permitting functions
under the Public Works Department, functions which are now jointly dealt with both in
Planning and Public Works, the idea to create a more efficient one-stop shop for
permitting and have the Planning Department concentrate more on planning and Public
Works more on permitting. These are only some of the ideas that have been put forth
and I want to stress that none of them have been discussed by the Commission. This
is just strictly a one-way street so far, just input from the departments.
Tonight we are in the second of six public meetings to be held around the island to
get initial feedback from the general public. These meetings will go through July and
also during this time we'll be gathering and distributing internally background materials
• for the Commission to study. In August we hope to complete our departmental review
including various Boards and Commissions that haven't weighed in yet. We'll also
have invited speakers to address such topics as nonpartisan elections,
neighborhood boards, City Manager models, etc. I anticipate, in regard to the
nonpartisan elections, we'll have a couple of people over from City and County of
Honolulu to discuss their experience and feedback, probably somebody from the
City/County Board as well as from the Mayor's Office and then in September we'll start
our detail section -by -section review of the Charter and as things go, come up with
proposed amendments. We will hold these meetings, as we discuss the Charter,
around the island. I don't know what the schedule will be but we will try to take the
process out around the island as much as possible. Once we agree on proposed
amendments, we'll have legal staff work on the language to put those amendments on
the ballot and all proposed amendments will be voted on by the public in an election in
the year 2000. And so that's basically the process.
This evening we're just taking input from the public. We're just here to listen to you. As
I said, this is just an initial pass through. We'II be taking input throughout the process
but I'd encourage you to get input in sooner rather than later, especially in writing, for
the more substantive issues that you'd like us to take a look at so that we can research
those thoroughly. So this evening we have three folks signed up to testify.
2
• PUBLIC TESTIMONY
RAY: First, Gretchen Lawson. So please come up and we've got a chair set up
over here and just state your name and who you're representing.
LAVVSON: I'm happy to be here tonight. I had the opportunity to listen to Mr.
Santangelo go over a couple of the suggestions that have already been made and so
I'm going to do a couple of things; one is comment on the issues that Chairman Ray
just mentioned have already come before you but I've got a couple of items that I'm
curious about because I didn't see them in the existing Charter and I'm not sure at a
Public Hearing I should be asking questions but they're just of interest to me.
One is the idea of a separate Department of Human Services which of course for
anyone that knows me, is an issue that is kind of right on in my field: I believe that
there's pros and cons -
RAY: Why don't you explain who you are and what your field is so that we
understand that.
LAWSON: Okay. I'm here as private citizen and I want everyone to be real clear
about that but my life professionally is as a Human Service Administrator. I'm the
S Director of Kona Crafts. And as Ginger said, I am a little under the weather and my
ears are plugged so I can't even hear myself. I think that I would certainly welcome the
specific attention to Human Services. I think that the County, although is normally
involved in such activities as infrastructure -- sewers, roads -- those sorts of issues,
needs to address and put on the table the idea that Human Services is in fact a very
legitimate goal for the County to be involved in and that human assets are the most
important assets that any of us have. They are certainly on equal with roads, certainly
equal with all the other infrastructures that we go through. Con to that, playing my own
devil's advocate, would say 'would that then require more administrative money to run a
separate department?' and take a look at where it sits now which I believe, is with the
Legislative Auditor and combined with Human Services and Economic Development
and looking at Human Services as a component of Economic Development is
appropriate. I really strongly present to you that non profits are private businesses.
That Human Service is the third sector as articulated by such lofty folks as Peter
Drucker and other economists so I think it's a good dialogue to have. I can't tell you
that I would recommend one over the other except to say that I think the dialogue
needs to get out in the county; that it is worth continuing, putting County resources to
developing our human potential.
The other thing that my heart is really in to, so that I won't take too much of the time,
there's two more issues. One is the idea of nonpartisan elections. We elect nine
County Council people. The Mayor is also a public elected official. I haven't been in
• this county very long, certainly not enough to say that I've been through the history
here or anything but I do know the structure of what is a municipal corporation which
would be the county government and if we continue to have that power struggle that
goes on between elected officials, there will continue to be a significant log jam. I think
that if we had a structure that said we elect nine County Council people, that we have a
Managing Director who is accountable to someone which is the County Council then
we could create a lot more efficiency in government and get a lot more bang for our
buck. It's a very much well accepted way to go about county government. I do this
professionally but it also happens to have become a habit of mine, whatever, but other
rural places, Wyoming, Kansas, other places that I know of, it just always remains the
same. County structures usually aren't large enough to carry their own separate
elected Executive Department and the issue is accountability.
And the other thing that I would like to talk about, I guess I have a whole list here but
when the County talks about creating new commissions and you say you're going to
create a Fire Commission, I just would ask you to really look at what those
commissions do that are separate from what already is being done. Every time we
create a bureaucratic body, every time we create a new layer of bureaucracy, we are
withdrawing money from services to the people because the pie is the same size and if
you continue to divide it up into smaller pieces, everyone loses just a little bit.
And my questions have to do with - In the County Charter, where is the Mass Transit
Department located? Under what area? Anybody know?
RAY: It's not.
LAWSON: It's not? Okay. That's my point.
? What Mass Transit?
LAWSON: Well, this is a separate issue and I think that some people - Mass Transit
is what the County is naming their Department of Transportation and they call it Mass
Transit. We are stuck in, here on this side of the island anyway and I'm not sure about
Hilo, with what's called a commuter mode of transportation so that keeps this county
from applying for or being even eligible for extra Federal funding like para -transit
money which would transport people with disabilities or the elderly because right now
we have coordinated services. We have money going to a non profit and I can see you
are getting anxious so it's just that I think transportation -- something needs to be done.
I'm not sure it belongs in the auspices of this commission. With that I'II close my
remarks and thank you very much.
RAY: Okay. Any questions? George?
•
MARTIN: I have a question. This will be the first time a Portuguese type of
individual such as myself needs a microphone in a well aired area such as this. No
problem. First of all I would like to thank you for giving your comments. We truly
appreciate it and I believe your second comment was on a Managing Director type of
government. If it were to go to that type of government, if we as a commission were to
see that, at what point in time would you like to vote on something like that? And the
reason 1 bring that up is if it were to be changed, it would take the Mayor out of our type
of government. We'd no longer have a Mayor so if we put it in the Charter as our
chairman just mentioned and his time line indicated, we would finalize it and put it on
the ballot for the 2000 election, it wouldn't take place for another four years unless
some sort of a special election was held in between now and then to implement that
type of government. How do you feel about something like that? What is your
comments on that?
LAWSON: Well, it's one of those issues that I haven't considered because it just now
occurred to me as you voiced it. Is the current Mayor's term not up for four more
years?
MARTIN: No, it's up now. Okay and in the year 2000, it will be up but if we vote -
LAWSON: But the time - well, of course if I had the power to rule the world which
some people know I would like, I would say -
RAY: I think what George is asking is would you favor a special election?
MARTIN: I don't want to put words in her mouth. I want her to -
LAWSON: No, no, no, no. I would favor it going on this ballot saying something like
"if this should occur, the Mayor's term would end" because a special election is
extremely costly and 1 don't know how I'd feel about the trade off of having a costly
special election to speed up the implementation but I know that you have counsel as a
commission advisor that perhaps that would be one avenue to look at. Certainly it
wouldn't be meant to be punitive to anyone. It's just meant to correct something that I
think needs to be done.
RAY: Marni, got a question?
HERKES: Hi Gretchen. Sorry you don't feel good. You started out with
nonpartisan elections and then you switched to Managing Director so are you in
favor of both of them? I mean that's something that you're advocating looking at both
of them?
•
• LAWSON: Yes. I think, just to be quick, I think nonpartisan elections are really a
necessity. It takes so much time to deal with parties, to go out and get the party
support. It's an archaic thing. We don't need it anymore. Communications in our
society are such that I think if people ran on their own strength and talked about who
they are and why they should be elected, they don't need the backing of those parties.
HERKES: We are the only county that does not have nonpartisan election now so
you probably are right that there's some move in that direction in the state. Also, in a
Managing Director, would you be willing to pay a Managing Director about $200,000 a
year because that's what they cost?
LAWSON: You know, this is a question that I know is on everyone's mind and I'm
here to tell you that I believe you pay the going rate. For that, you demand
accountability and in that, you get efficiency in the rest of government.
•
HERKES: A couple of more questions. Okay, thank you. Department of Human
Services: It's now as you expressed, under the County Council with the Economic
Development and Human Affairs Committee. Would you leave it under there or would
you put it as a separate department under the Administration? It's under the
Legislative Branch now. Would you leave it under the Legislative Branch or put it
under the Administration Branch where most of the other departments are?
LAWSON: That's why I told you I was in a quandary about it. I don't have an answer
to that.
HERKES: Okay. Well, I just wondered what you thought would work better. I'm not
sure either. I was curious.
LAWSON: This will tip my number here. I certainly at this point, wouldn't want to see
it put under Administration.
HERKES: Okay. And what about any other counties that have a Department of
Human Service? Do you know any other ones that have a Department of Human
Services? Do you know if -
LAWSON: Well, Honolulu is the Personnel Department, whatever that is.
RAY: Maui County has a Department of Housing and Human Services so it's
not really a straight comparison.
HERKES: I just wondered if there was somewhere we could go for information. I
don't care about copying things. I just would like to see one that works and see how it
works.
LAWSON: If that's an invitation, I'll get you some websites.
HERKES: Okay. Good. And the other thing I'd like to say, for your information but
also for George's, that in 2002 we will have a special election because we will have a
special election after our census and we'll have an election in 2000 and then we'll have
an election in 2002 that probably will not affect the Mayors races because they are
island wide but it will affect all the Senators and Representatives that are elected by
vote.
LAWSON: And that just solidifies my feeling is that there is some mechanism short of
waiting four years.
HERKES: There is. Every ten years. Thank you. Thank you Mr. Chairman.
RAY: Kevin.
BALOG: Just one question with the Managing Director vs. Executive Branch. So
you're saying you'd be comfortable having a majority of a council, nine people, which
could be only five out of nine people, appoint the person who's going to manage the
county vs. the elected public, a majority of everyone who votes, elect your Managing or
your Executive person.
LAWSON: Yes.
BALOG: So you're saying that's better to have -
LAWSON: Yes. I would be more than comfortable with five out of nine people.
BALOG: Five people have somebody.
LAWSON: Yes, because that goes along with our republican form of government.
Remember -
BALOG: Well, you're talking nonpartisan too.
LAWSON: Yes, that's right. The people elect the Council people.
BALOG: So who elects the Mayor? If the people only elect the Council, who elects
the Mayor?
LAWSON: The Council is responsible for hiring the Mayor much as in any
corporation. Remember this is a municipal corporation form of government. If you, any
Board, any governing Council appoint their executive. They hire them. They also fire
7
• them. They also hold them accountable.
BALOG: Okay. No, that's just what I want to - just a question.
LAWSON: Thank you.
RAY: Mr. Santangelo.
SANTANGELO:
Well, I was just going to address a point of what I think Kevin's on the
right track but I'm a little uncomfortable in a venue such as this in which we start to
debate the presenter because we're here to hear their opinions and we can get
overzealous and put them on the spot and I just wanted to bring that up.
RAY: Any other questions? One thing you brought up and I can't speak to this
definitively and we'll need to do some more legal research on this in regard to when
things can and do take effect in regard to the elections but I know in the b election
when we voted in the four two-year terms, much to the surprise and dismay of the
County Council, it was voted in there. When we looked at that, we find that that
actually did take effect the day it was voted in and everybody had thought it would take
affect two years later but that was not the case so I'm not so sure, as bizarre as it may
sound, that if you voted to go with a City Manager Director in spite of the fact that
you'd have folks running for Mayor. I think that it would probably be eliminated, as
strange as that sounds or that could be legally possible so I'm not sure of that but I
think that you do have case law supporting people running for offices that can and have
been eliminated in elections. But anyway, we'll certainly be looking into all of that.
Comment?
LAWSON: No, just thank you very much.
RAY: Next speaker, Ginger Towle.
TOWLE: Hi, my name is Ginger Towle. I'm President of West Hawaii Humane
Society and also Kona Crime Prevention Committee however, I'm really here because
of West Hawaii Humane Society. There is a problem about program reviews and I
realize that if you would have a performance audit with every single agency, it would
cost a tremendous amount of money but unfortunately, they do not have the reviews
and so consequently something has to be done somewhere so that it doesn't take one
of the Council Members asking for this. The good point is it has to do with Hawaii
Island Humane Society. If you take a look at their records, it shows that they have not
been doing the job and with the complaints coming in and everything, however, it's
under the auspices of the Finance Department and there is absolutely -- that's just the
• way it's going to be and Harry Takahaski took it away from the Police Department about
in '92, I think it was. That's really where the Humane Society, the Animal Control
contract needs to be regardless of who's running it because it has to do with law
enforcement and consequently, we've had a tremendous breakdown because the
Finance Department - it's a Finance Department. It really has nothing to do with law
enforcement so at the moment there is a review being done - performance review of the
Hawaii Island Humane Society but I think the thing is that that's probably not the only
contract that is out there so it shouldn't be so someone gets a contract and then you're
home free that no one questions it. There should be some department someplace that
is doing it. It should work out that way. I received a communication from Harry
Takahashi saying he rejected our protest and one of his comments was the fact that we
could find nothing wrong with Hawaii Island's proposal. Well, the interesting thing
about that is we cannot get Hawaii Island Humane Society's proposal so how could I
possibly comment on what they had to offer so there needs to be something smoothed
out there so that our dollars are protected, that people who are applying for a contract
are definitely qualified. There needs to be some review someplace. I have asked the
Police Department, Chief Carvalho, if he would please take it back under his
jurisdiction because that's where I worked and it definitely is a police matter. And while
I'm speaking only about the Humane Society, I feel that any agency that has a contract
should be reviewed by someone as to their performance. They shouldn't be able to just
have a contract and home free. So basically that's it.
The other thing that I feel that I would like to see and I'm really not knowledgeable
about it at all. Joe Reynolds is. It is the city- to have our own city, whatever it is.
What is the term I'm -
JOE REYNOLDS:
Political subdivisions.
TOWLE: Political subdivisions. So Joe can probably speak to that but I feel
strongly we need to do something so that we can have our own political subdivisions.
And I'd be happy to work on any of this and it isn't just the Humane Society thing I'm
talking about. It's the fact that I think we need review of our contracts so that we do
have some expertise in judgments there. Thank you very much.
RAY: Questions for Ginger? Gary Yoshiyama.
YOSHIYAMA:
Ginger, you talked about - you started out as program view.
TOWLE: Yes.
YOSHIYAMA:And then you talked about performance view or review of contract so I'm
just wondering the Charter talks about the program review every four years, mandatory.
TOWLE: Right, that's right.
YOSHIYAMA:
But, I don't know if you're talking about that or auditing the private
contracts that the County has.
TOWLE: Well, I think why I'm bringing the subject up because I know that if you
have to have the contract every four years and then you get an outside auditor, this is
going to cost a tremendous amount so there has to be some way to do this but the
individual program should be reviewed before contracts go out. The performance type
of review because we have a big mess going here now. One example, and I won't go
on and on which people know I can, but there is a straying law that says if your dog
strays, it's $25 fine for the first offense, $50 for the second, $75 for the third. There
were 186 dogs redeemed. That means they ended in the shelter. They were straying.
They gave 9 citations. Well, there should have been one for every single dog for
straying plus there is supposed to be one for no license so consequently, I have had so
many complaints and so forth, I decided that as long as I was getting this, I might as
well go for it and ask for the contract for West Hawaii back again so it's the Mayor is in
a quandary as to what to do because Harry Takahashi only wants one contract and that
is not serving the county well. So it's a mess.
RAY: Ms. Irvine.
IRVINE: I'm quite ignorant of what the situation is. I'm from Hilo and I guess you're
saying that you are not the Humane Society here? Or that -
TOWLE: West Hawaii Humane Society, the shelter out in Kona, was built. Alice
Greenwell got it built in the '70's and we had it until 1990 and Barry Mizuna took over
as Finance Director and anyone that knows me knows that I talk and talk and talk. If I
kept my mouth shut, it would be all right but I didn't. He asked me what my program
was. I told him I keep some animals a long time. He immediately said 'Oh, you're
going to have to kill them, minimum time, on and on.' And I said 'Do you care who's
eating the food?' 'Well no, you're going to have to kill them 48 hours of the 7 days, so
forth' and I was working full time as a badged officer, no salary, and we had just
finished spending $50,000 of Humane Society funds improving the county facility, 12
runs, etc., etc. so I flatly refused to kill in that length of time and he said I could pay him
$2.50 a day for every animal I kept past the 48 hours of the 7 days. Well, we didn't
have the money for that so we bowed out and did education only and Hawaii Island
Humane Society took over. And that -
RAY: I think we're getting a little astray of the issue here. We're -
10
• TOWLE: Yes, okay. That's fine.
•
•
YOSHIYAMA:
I still don't understand.
RAY: We're talking about the issue of program audits, program reviews and
that language in the Charter.
IRVINE: Yes, I just didn't understand. I thought she was the Humane Society.
TOWLE: I am, West HaWaii Humane Society.
RAY: Well, but we're not talking about specifically the Humane Society. Daryl,
do you have a question?
KUROZAWA:
Well, then I won't ask my question.
RAY: Good, thank you.
TOWLE: I'll see you later.
RAY: Okay. The issue of political subdivisions I had a feeling would probably
come up this evening and I do have a legal opinion here from our staff and basically in
a nutshell it states that "Thus, the County Charter cannot establish local
subgovernments which have actual powers, and the County cannot split itself into
multiple counties, unless the State Legislature chooses to allow it." Now I know there is
a difference of opinion, especially Mr. Reynolds advocates tactically what it would
mean if the County went ahead and did something anyway and that's I guess, a
separate argument but I do have copies of this that you're welcome to take a look at
this evening. Okay? All right, thank you.
Our next and final speaker is Jeff Turner. If anyone else wants to speak, they have to
sign up.
TURNER: Aloha. Welcome to Kona for you out-of-towners. Thanks for coming and
letting us speak to you.
I want to speak mostly to the process. I haven't formed by opinion on a lot of things
that we're going to be talking about in the coming months and I hope a lot of other
people haven't but I've an opinion on several things that have come up.
11
•
But my first concern is the process of how fast we do this and how open the process is.
I've heard rumors that maybe there was going to be a special election before the 2000
General Election and I think that's much too fast. I think there's quite a process we
have to go through which you are starting now to collect some information. We have a
lot of issues. They aren't clear. There will always be differences of opinion about
what's right. Then you've got to draft something. Then it has to go through a process
and that takes quite a while. Did I hear you, Chairman Ray, say that this will go to the
General Election 2000?
RAY: No, what I said was it will be voted in the year 2000 election which
theoretically could be a special election and l think what Mr. Martin was talking about.
The question he framed was the question that we framed purely in sort of a "what if'
scenario. I mean what if there were suggested amendments that we thought were so
substantial and would have such an impact on changing the structure of the
government, is there a scenario where we think that would be better acted on in special
election and if you wanted to have a special election, when would it have to take place
to effect the year 2000 elections and kind of working yourself back from there. So we
just suggested in sort of a "what if " scenario, that's all.
TURNER: Well, I think that rumor's going around that's a "what if' scenario that's
being considered and all I hear is universal opposition to that. When you work it
• backwards, the requirements, that, isn't enough time to have a democratic process. So
I urge you to not even consider that.
•
A couple of people have raised a good question of when do things take effect. Do we
elect a Mayor and they're only in office for a second and then they are out of office
because we have a new process. I think it's pretty easy to (1) make these decisions in
the best interest of the community and a democratic process and then (2) you can
specify in the law that you're passing, when they will take effect. You could say that the
Mayor will cease to exist in the year 2002 or 2004 or whatever you choose, and you're
bright folks and I think you can do a better job than we did ten years ago and have the
timing blow up in their face and suddenly you got elected and your term was different
and you didn't even know it. So if you think it through and you're raising the right
questions, I think we can do a good job but an election before November 2000 which is
only sixteen, seventeen months away, is just ludicrous. If you have any opinion one
way or the other about cave people, remember that they're all CAVERs, that's Citizens
Against Virtually Every Ripoff and that would be just too fast of a process. I urge you
strongly to don't even think about that.
So there are several questions I've heard already tonight about Council Manager,
process, partisan/nonpartisan, length of Council terms. I think those are all good
things we shouldn't be deciding up -front but asking a lot of questions about and I
applaud the process that you've outlined. In answer to Kevin's question about having a
12
five -ninth's majority select a Council Manager or a City Manager, it seems to me
simple enough to have a super majority that's appropriate. I don't know if that's 6 or 7
but I'm thinking more and more that our society, our American democracy, question
mark, really is a tyranny of the majority. We don't want to do things with a 51%
majority, we want to set up a system that forces us to spend enough time to come to a
consensus that we agree and then we work together and get something done. And
anything you can do as you're considering all these proposals that will work towards
that end, I think, is going to help the community and if it's well thought out and aimed at
forming consensus and problem solving instead of maintaining power control with the
barest of majority or minority, then maybe this bundle will be easier to pass. And I know
last time it seems like there were a couple loaded things that went through and
something wasn't supposed to get approved and it did and then something else, you
know. The community's awake now and I don't think there's a chance anymore to slip
anything in and I know there are pressures from different quarters to achieve different
objectives and I think it's time to make this a truly open citizen process for citizen
government. Thank you.
RAY: Any questions? Yes, Marni.
HERKES: Jeff, several of your comments were what we do. We will not be doing
anything but drafting up proposals. It will be an elected process. It will be voting. We
won't do anything. You will do it. You, the voters, will do it and so every time
somebody comes up and says what we do, we're just here to kind of collect testimony
and to come out with some kinds of consensus as to the kinds of things that we're
hearing and that's why we're asking a lot of questions is so that we can kind of delve
into what you're really thinking so that we can start to do that process.
TURNER: Right and I appreciate that and the time you're all putting in however,
you're going to write legislation that we get an up or down vote and we don't get to
modify it or amend it and that's what this process is for is -
HERKES: That's what you're doing tonight.
TURNER: Right.
RAY: Mr. Santangelo.
SANTANGELO:
Got a couple of things. I'm sure it was just a grammatical but you said
reach consensus in which we all agree and consensus isn't when you agree.
TURNER: Well yes, I was taking that to an illogical extreme. Reach some
substantial degree of consensus that will work.
13
SANTANGELO:
All right. And as far as democracy by tyranny. Again, because this is my
pet peeve, I just want to share some of my strong beliefs. It's to the Republic for which
it stands, we stand. Okay? A republic is ruled by majority with consideration of the
minority so we too often throw democracy out there but what I'm about and what most
of us are about are a republic and as far as the political process, believe me, it's far
too, I get a little defensive, but it's far too blown up to say that there's any sort of
subversive thing going on to influence us to do things. Mr. Ray is a great Chair. We
chose him because of his universality with East and West Hawaii and this whole
committee universally, is really trying to do it's best to get input and anything
substantial will come back out to you. Okay?
TURNER: I'm sure you are and there are pressures that will abound.
SANTANGELO:
So thank you.
RAY: Any more questions? All right, well if there's no -
TURNER: I've one comment I forgot. One specific. I would like to see a
consideration of reducing the signature requirement for a referendum and initiative
• from 15% to 10%. You don't want to have a frivolous process that has that threshold
too low but 15% is a formidable hurdle and it effectively nearly eliminates referendum
and initiative. We've have one but that's an awful lot of work.
RAY: What about a 100 signatures to move an impeachment? What do you
think about that?
TURNER: No, I don't think so. I think the thing to do is to consider scaling it back
one gradient at a time. We don't want to jump to 5% but if you move it from 15% to
10%, we'll see for ten years if we get inundated with initiatives or if there's only one or
two and so ease our way into that and make it more able for people to have a voice
without an undue burden to get your toe in the door and get that out there. Thank you.
TOWLE: I have one last comment.
RAY: Okay.
TOWLE: I want to thank all of you for taking your time and doing this because I do
a lot of volunteer work and it's very frustrating because you have a lot of people out
there that say why don't and why doesn't but they're not willing to go out and really
work at it so I really want to thank each and every one of you for your efforts because
it's really important and you're taking valuable time of your own to do this. Thank you.
14
• RAY: Okay. Thank you. If there's no other testimony, that concludes our public
hearing this evening. Thank you.
ADJOURNMENT
The discussion ended at 5:40 p.m.
Respectfully submitted,
Sharron C. Henry
Secretary -Administrative Assistant