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HomeMy WebLinkAboutMIN CHC 1990-05-14 MINUTES OF • HAWAII COUNTY CHARTER COMMISSION May 14 , 1990 I . CALL TO ORDER Vice-Chairman Greenwell called the meeting to order. II. Members Sherwood Greenwell, Vice-Chairman Present: Pamela F. Cushnie Francine Duncan David Fuertes Steven Nishikawa Aileen Lum Patricia Poppe H. Peter L'Orange •Attorney: Christopher J. Yuen (arrived during Kokobun' s testimony) Members Robert Bethea Absent : James Juvik Akira Omonaka 411 III . APPROVAL OF MINUTES Approval of the April 30, 1990 minutes was deferred. IV. PUBLIC TESTIMONY Russel Kokubun, Chairman of the Hawaii County Council , urged that the Council be given the power to enter into contracts. Because of the complexity of county government , the Council needs access to outside expertise. The Council does not intend to duplicate administration efforts. In particular, the Council could use outside consultants for the mandatory program review, for relations with the federal and state governments and land use planning issues. Kokubun noted that the administration can enter into contracts without public scrutiny while the Council must act publicly. L'Orange asked how the Council would pick the consultant. Kokubun responded that it could be done by a committee, with the Council Chair having responsibility for signature. Jerry Rothstein spoke about changes to initiative and referendum. He inquired about the scope of the limitation on land use planning and zoning, which he opposed . He also spoke in opposition to a time limit on the validity of signatures. He also proposed that ballot wording be done by a committee appointed by the Mayor. 900 • Roger Evans proposed that the phrase " . . .and state constitution, " be added to Charter Sec. 13-27 to reinforce tthe "resign to run" requirement. He felt that office holders should resign when they publicly announce candidacy for another office. V. SALARY COMMISSION L'Orange moved for adoption of the wording in attachment 7 of counsel ' s letter of May 9, 1990. Duncan seconded the motion. All were in favor and the motion carried. VI. CORPORATION COUNSEL TERM L'Orange made a motion that the term of office of the Corporation Counsel should commence upon appointment by the Mayor and should be subject to the same provisions as for other department heads , as previously recommended by the commission. Lum seconded the motion. All were in favor . The motion was carried. VII . . INITIATIVE AND REFERENDUM Further discussion and decisions on Art . XI , Initiative and Referendum, were deferred. VIII . RECALL • Counsel discussed attachment 2 to his letter of May 9 , 1990 , which makes technical changes to the recall procedure. L'Orange moved for adoption of attachment 2. • Duncan seconded. All were in favor and the motion carried . IX. OATH OF OFFICE Cushnie moved for adoption of attachment 3 to the May 9 , 1990 letter. Lum seconded . All were in favor and the motion was carried. X. RULES AND REGULATIONS Cushnie moved for approval of attachment 4 .. L'Orange seconded. Counsel explained that the purpose of this change was to make the Charter consistent with the State Administrative Procedures Act . All were in favor and the motion was carried. XI. TERM OF OFFICE OF DEPARTMENT HEADS Counsel explained that in the draft language of attachment 5 to his May 9 , 1990 letter , the term "qualified" , which appears in the present Charter , has been removed . This is not meant to imply that the appointee need not possess the • requisite qualifications ; only to make it clear that the 901 • department head takes office upon appointment and does not have to wait for confirmation. If the Council votes to deny confirmation, the appointee can no longer continue in office. Lum moved to adopt attachment 5 . Cushnie seconded. All were in favor and the motion was carried . XII . SEC. 13-10 PROHIBITIONS It was moved and seconded ..that attachment 6 to the May 9 ,' 1990 letter, concerning in-laws , be adopted. All were in • favor and the motion was carried. XIII . GEOGRAPHY AND NUMBER OF MEMBERS ON BOARDS AND COMMISSIONS L'Orange suggested that changing all Boards and Commission to nine members would be too confusing at this time, and the Commission passed over this issue. XIV. BOARD OF ETHICS The Commission discussed Councilwoman Hale' s suggestions for the Board of Ethics. Counsel discussed confidentiality issues. The Commission agreed to defer action on confidentiality and standards of conduct to a later meeting. L'Orange moved to increase the Board of Ethics to nine members with geographical representation. Duncan seconded. All were in favor and the motion was carried. • L'Orange further moved that one member each should come from Puna, Ka'u, Hilo, Kona, Kohala , and Hamakua, and three at-large. The motion was seconded. All were in favor and the motion was carried. XV. COUNCIL CONTRACTS L'Orange moved to defer , and the Commission agreed to defer this issue. XVI . VACANCIES IN OFFICE Counsel discussed his letter of May 8 , 1990 , and the problems that arise when a vacancy arises at or near to close of filing. The. Commission deferred action on this item. XVII . NEXT MEETING The Commission set its next meeting for June 1, 1990 , in Waimea. 902 • XVIII . ADJOURNMENT • The meeting was then adjourned. Respectfully submitted , Christophe,. J. Y)/en • • Counsel for Commission 903 410 • CHRISTOPHER J. YUEN EN HILO LAGOON CENTRE,SUITE 108 101 AUPUNI STREET LAW HAWAII 96720 ATTORNEY AT LAW TEL.(808) 935-4429 FAX(808) 935-1844 June 26, 1990 • • Hawaii County Charter Commission 101 Aupuni Street, Suite 235 Hilo, Hawaii 96720 Re: May 14, 1990 Minutes Dear Commission Members: I have enclosed for your review and possible approval at the July 11 meeting a draft set of minutes for the May 14, 1990 meeting. Yours truly, 7 9. L. a • Christopher y Yuel i, Enclosure CJY:yt •