HomeMy WebLinkAboutCOMM. 047 Hecht, D - Boards Commission
September 30,2009
To: The Charter Commission
From: Debbie Hecht 808-989-3222 hecht.deb@gmail.com
We ask you to consider this charter amendment to make the process of appointments to Boards and
commissions more open and transparent. In the past, appointments have been made to boards or
commissions where highly qualified people were passed over for an appointment. Different
administrations have also been accused of using appointments as political pay back. We want to
balance this process and to provide a better check and balance for this system.
We have required that the council members nominate people to be appointed and have feedback by
the Mayor. Then the Council would have to vote on the matter, which would provide a public
comment time. We believe that the council members will know the people who are involved in their
community better than the Mayor. Right now, the power for appointment lies entirely with the
executive branch of government. This process provides input from the Executive branch and the
Legislative branch and provides a forum at the council for public input. In this way there is
collaboration and input between both branches of government and the public.
In an effort to be promote transparency, we have required that all commissions have a website which
should include information about the commission.
Mahalo for your consideration,
Debbie Hecht
808-989-3222
hecht.deb@gmail.com
Section 13-4. Boards and Commissions.
Except as otherwise provided in this charter, all boards and commissions specifically established by this
The following provisions shall govern charter:
(a) The members shall serve staggered terms of five years. Upon the initial appointment of the
members of a commission consisting of five members, one shall be appointed for a term of one
year, one for a term of two years, one for a term of three years, one for a term of four years, and
one for a term of five years. Upon the initial appointment of the members of a commission
consisting of seven members, one shall be appointed for a term of one year, one for a term of two
years, two for a term of three years, two for a term of four years, and one for a term of five years.
Upon the initial appointment of a commission consisting of nine members, one shall be
appointed to a term of one year, two for a term of two years, two for a term of three years, two
for a term of four years, and two for a term of five years.
(b) The members shall be appointed by the mayor, and confirmed by the council, and may be
removed upon recommendation by the mayor and the approval of the council.
Nominations and Appointments:
1. In the case of a countywide nine-member commission or board, the council member from the
district that has the vacancy shall nominate at least one person from their district. The Mayor
shall do a background check of each person, and transmit a report of findings with
recommendations to the council within 45 days. The nomination shall be placed on the council
agenda at the first meeting that the matter can be legally agendized. The County Council, without
delay shall vote upon this nomination.
2. In the case of an area specific board, (such as the Community Development Plan Board,
Leeward or Windward Planning Commission etc), the council member(s) who are serving in the
district which is affected by this board or commission, shall nominate the board or commission
members. The Mayor shall do a background check of each person, and transmit a report of
findings with recommendations to the council within 45 days. The nomination shall be placed on
the council agenda at the first meeting that the matter can be legally agendized. The County
Council, without delay shall vote upon this nomination
3. Commission or Board members may be removed upon recommendation by the mayor and
the approval by a majority of the council: or by recommendation of the majority of the council
and agreement of the Mayor.
(c) No member shall be eligible for a second appointment to the same board or commission prior to
the expiration of two years, however, members of any board or commission appointed for a term
of two years or less shall be eligible to succeed them for an additional full term.
(d) No member whose term has expired shall continue to serve on such board or commission, except
that if no successor has been appointed and confirmed, the member shall continue to serve for
ninety days or until a successor is appointed and confirmed, whichever comes first.
(e) Any vacancy occurring in any board or commission shall be filled for the unexpired term.
(f) Not more than a bare majority of the members shall belong to the same political party.
(g) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred
in the performance of their duties. Necessary expenses may be paid in advance as per diem
allowance that shall be established by ordinance. Members of boards and commissions who do
not receive compensation from their employers during the time they are serving on boards and
commissions shall be reimbursed by the county for actual work hours lost at the straight time rate
of pay of such members in their regular employment but in no case shall such reimbursement
exceed five times the state minimum wage hour rate.
(h) A chairperson shall be elected from its membership annually.
(i) The affirmative vote of a majority of the entire membership to which a board or commission is
entitled shall be necessary to make any action valid; except that in the case of a board or
commission which has only advisory functions, the affirmative vote of a majority of those
present shall be sufficient to make any action valid.
(j) Each board and commission shall have the power to establish its rules of procedure necessary for
the conduct of its business, which rules shall contain the time and place of all regular meetings,
and which shall specify that a quorum shall be a majority of the members to which the board or
commission is entitled.
(k) The county shall maintain a website for each board and commission on which shall be posted the
authority and powers of the commission, duties, terms of office, the qualifications and criteria for
selecting members, the name of the contact person for the board or commission and other
relevant information concerning the board or commission. Before taking office, the new member
shall provide biographical information which shall be posted on the website.
(k l) Notwithstanding any other provision in this charter, no person shall, by reason of occupation
alone, be barred from serving as a member of any board or commission.
(l m) The council shall act to confirm or reject any appointment made to a board or commission by the
mayor within forty-five days after receiving notice of the appointment from the mayor. If the
council does not confirm or reject any such appointment within forty-five days, the appointee
shall be deemed to have been confirmed.
(m n) The redrawing of council district boundaries during a commission member's term shall not affect
a member's eligibility to represent the district to which the member was appointed.”
(Ed. note: Amended 1990 Gen. Elec.; subsection (m) added 2000 Charter Amend. 16, and Amended 2006 Gen. Elec.)