HomeMy WebLinkAboutMIN CHC 1990-06-22 MINUTES OF
• HAWAII COUNTY CHARTER COMMISSION
June 22 , 1990
I . CALL TO ORDER
Vice-Chairman Greenwell called the meeting to order at
approximately 9 : 30 a.m. at the Hawaii County Liquor
Commission Conference Room.
II . ROLL CALL
Members Sherwood Greenwell , Vice-Chairman
Present: Pamela F. Cushnie
Aileen Lum
Akira Omonaka
James O. Juvik
Attorney: Christopher J . Yuen
Members Robert E. Bethea
Francine Duncan
David Fuertes
H. Peter L'Orange
• Steven T. Nishikawa
Patricia Poppe
III . ADJOURNMENT
Because of the absence of a quorum, the meeting was
adjourned by Mr. Greenwell at approximately 9 :45 a.m.
IV. PUBLIC TESTIMONY
After adjournment , several persons who had come to offer
testimony asked to speak to the commission members who were
present. Mr. Hugh Clark, President of the Big Island Press
Club, briefly spoke on the issue of confidentiality in the
Board of Ethics. He expressed the public ' s right to
opennesss. He felt the Charter presently has adequate
protection for personal privacy. A copy of letter
pertaining to this issue was distributed to commission
members at the meeting.
Bob Shioji and Ed Kozohara from the office of the County
Clerk spoke to commission members about the difficulty of a
too lengthy ballot. A letter from him was circulated.
Mr. Dave Smith requested assistance from the Charter on
111 election night to help answer Charter questions.
910
Gordon Pang asked if the Commission is considering amending
the Charter to provide for special elections for vacancies.
He requested for a draft of the language. Counsel replied
that a draft will be forwarded to his office.
Mr. Clark requested for a draft on the Code of Ethics.
Counsel replied that there will not be a draft until the
Commission decides to act this issue. The practice has
been that the Commission will make a determination of the
policy it wants to take before counsel drafts the
language. Counsel also stated that there is a proposal
that the Board of Ethics meetings be entirely
confidential . The matter of confidentiality in the Board
of Ethics will be discussed further at the meeting on
July 11 in Waimea.
Respectfully submitted ,
Al Chir Magliu
Secretary
411
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--P.O. Box 1920, Hilo, HI 96721
June 22, 1990 •
Hawaii County Charter Commission
Liquor Commission Conference Room
Suite 230, 101 Aupuni Street
Hilo, Hawaii 96720
Ladies & Gentlemen:
I represent the Big Island Press Club, a - rou_ of ....bout 100 ne\'es reoorters,
editors and others in television, radio, newspaper and other media work.
For more than 22 years we have been vitally interested in openness in
government. Your records will show our successful lobbying efforts in 1967
in introducing the open meeting provision ( 13-20 b) into the charter.
County legal officials can outline our string of successful court efforts
to protect openness it litigation against the mayor, the Hawaii County
•Council and the Hawaii County Police Commission, among others.
The charter is now quite simple on the 4uestion of oenness. Decision—
making procedures, including both ce:_timony and fact finding leading up
to them, are to be open to the public. They can be closed only in the
case of a. question of personal privacy. And only thenwhenthe .:arson whose
privacy is involved so chooses to invoke that right. We think this served
��, ved
the people well:
With that background, we want today to share our alarm over the recent
informal discussions about and allusions to a possible change in the ethics
board procedures. We fear, based on what we have been told, that the
amendment could alter the whole concept of openness -- all because of he
procedural mishandling earlier this year of a dubious complaint filed
against planning commissioner Mike Luce.
The ethics board, because of a reassignment of its -administrative staffing
from the mayor' s office to the corporation counsel' s office, simply goofid.
Luce should have been informed of the complaint against him before the panel
proceeded. The same board also failed to provide meeting agendas to the
media covering Hawaii County despite standing requests such agendas be
mailed -- a clear violation of the state' s Sunshine Law.
• EXHIBIT A
20 Years of Commitment to the Public's Right To Know
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marten!S.Kihurt•
COunell 1444111ars COUNTY COUNCIL
Pit UM.CICYCK•ft Lingle
S.KaVIAMO
COUNTY OF MAUI
Ailes L.LH
RICK Medina 200 11. 1-fiebormarr
win K WAILU KU. MAUI. P4AWAli911793
Immo M.Santos
JOS S.TWOS
Fax Telephone (808) 243-7686
If you have not- received all of the pages, call (808) 243-7838 .
•
To: Ed Kozohara Telephone No. 961-5648
From: Maui County Clerk' s Office Telephone No. 243-7825
rate and Time: June 6 1990 3 :25 pm
Pages: 8 _ (including this transmittal page)
411
411 FAX:OCS • EXHIBIT B
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December 27, 1989
MEMO TO: Gore Hokama, Council Chairman
1' R 0 X: Daryl T. Tamamoto, County Clerk f.S? •
SUBJECT: VOTING INPORMATION ON 1988 CHARTER AMENDMENTS
The attached is provided for your information and use during
the Council 's deliberations on proposed Charter amendments for
the 1990 elections.
Because only a majority of votes cast is required to approve
a Charter amendment, all nine Charter amendments in the. 1988
General Election were approved. It is interesting to note that •
had the requirement been a majority of the voter turnout, only
three of the' nine amendments would have been approved. If the
requirement was a majority of registered voters, none of the
amendments would have been approved.
The number of blank votes on the Charter amendments ranged
from a low of 5,624 blank votes to a high of 8,909 blank votes.
On two of the Charter amendments,• the total number of blank
votes actually exceeded the total no votes. . Based on our
. observations and comments received, the reasons for • the
significant number of blank votes were primarily twofold. •
The first reason is that voters did not understand the
ballot questions. Since any proposed amendment must be phrased
in the form of a - question to require a "yes" or mno" response
from the voter, it is often difficult to convey the intent or
meaning of the proposed amendment. Although we did provide a
handout that included the intent or purpose of the proposed
. amendments, we were unable to provide reasons for the proposed
amendments- or their justifications, because none were available.
The second-- reason for the number of blank votes was
apparently due- to the number of questions on the ballots. For
every regular voter in Maui County, five. ballots were issued and
a sixth ballot was issued- to ORA voters. Of those ballots,
three contained a total of 16 questions, 7 on proposed
amendments to the State Constitution and 9 on proposed
amendments . to the- County Charter. Voters were either
overwhelmed by the number of questions to vote on or simply did
•
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Goro Hokama •
Page!II . 2
Deember 27, 1989
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not- - want to spend the time. We did receive a number of
- complaints of long lines at polling places which may have added
• 'to voters being frustrated and not Wanting to spend time on the
Charter and Constitutional questions.
I. am concerned that should the voters be faced with the name
situation. in the 1990 General Election, the same results may
occur for the ,same reasons-. It is somewhat disconcerting* that a
minority of voters who go to the polls on- election day can
approve amendments to the Charter of the County ' of Maui. In
reviewing proposed Charter amendments, perhaps consideration .
should also be given to the fact. that a Charter Commission will
be appointed at the beginning of the next term.
Should you have any questions on the foregoing, or if
further• information is required, please feel free to contact me.
•
DTYsCHTR/Jym •
• Attachment
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. _ 911.5
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VOTING STATISTICS - 1988 GENERAL ELECTION
BY REPRESENTATIVE DISTRICT
• RIG
VOTERS TURNOUT PERCENT
•
6TH DISTRICT 3446 2748 79 .7% •
7TH DISTRICT 10072 8338 82.7%
8TH DISTRICT 8625 7277 84. 3%
9TH DISTRICT 9875 7588 76. 8%
10TH DISTRICT _ 8320 _ 6501 78.1%
TOTAL 40338 32452 80.4%
CHARTER AMENDMENTS - 1988 GENERAL ELECTION
TOTAL VOTES BY CHARTER QUESTION
YES NO BLANK
40 1. MANAGING DIRECTOR TO AC? AS MAYOR • 18891 7937 5624
2. RESPONSIBILITY PROM BVA TO CODE APPEALS . 15779 9372 • 7301
3. MOLOKAI PLANNING COMMISSION - 14794 10010 7648
4. DEPARTMENT OF WATER SUPPLY 14818 .10042 7592
5. REPEAL COO PROVISION RE SALARIES 12604 11634 8214
6. CERTIFY GRAN? REVENUES BEFORE RECEIPT ' 14678 10962 6812 •
7. DEADLINE root AUDITOR 13205 12183 7064
8. BOARDS AND COMMISSIONS - START DATE AND TERMS 17801 5742 8909
9 . NUMBER Or VOTES FOR MAJORITY 16963 . 7165 8324
AVERAGE 15504 9450 7499
AVERA01 47 .77% 29 .12% 23 . 11%
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YES VOTES - PERCENTAGES
• %RV %VT %VC
1. MANAGING DIRECTOR TO ACT AS MAYOR 46.83% 58. 21% 70 .42%
2. RESPONSIBILITY FROM aVA TO CODE APPEALS 39.12% 48.62%
62 . 74%
52 . 64%
3. MOLOKAI PLANNING COMMISSION 36.68% 45. 59%
4. DEPARTMENT OF MATER SUPPLY 36.73% 45.66% 59 . 61%
5. REPEAL COG PROVISION RE SALARIES 31.25% 3.8.84% 52 .00%
6. CERTIFY GRANT REVENUES BEFORE RECEIPT 36.336.39% 40 .69% 57 . 25%
7 . DEADLINE FOR AUDITOR
8 . BOARDS AND COMMISSIONS - START DATE AND TERMS �Z�05%% 54.85% 75. 61%
9 . NUMBER OF VOTES FOR MAJORITY
AVERAGE PERCENTAGE 38.43% 47 .77% 62.18%
NO VOTES - PERCENTAGES •
%RV %VT %Vc
1. MANAGING DIRECTOR TO ACT AS MAYOR 19 .68% 24. 46% 29 . 581
2. RESPONSIBILITY FROM SVA TO CODE APPEALS 24.82%23.23% 28.88• 30. 26%
3. MOLOKAI PLANNING COMMISSION. 24.89% 30.94% 40. 361
0 4. DEPARTMENT OF NATER SUPPLY
S. REPEAL COO PROVISION RE SALARIES 28.84% 35. 85% 48 .001
6. CERTIFY GRANT REVENUES MORE RECEIPT 27.18% 33.78% 42. "51
7. DEADLINE FOR AUDITOR 30.20% 37 .54% 47 . 991
8. BOARDS AND COMMISSIONS - START DATE AND TERMS 14.23% 17.69% 24 .69% 39'
9 . ' NUMBER OF VOTES FOR MAJORITY
701
AVERAGE 23.43% 29.12% 37 . 82°
BLANK VOTES - PERCENTAGES %RV %VT
1. MANAGING DIRECTOR. TO ACT AS MAYOR 13.94% 17 .33%
2.. RESPON8IEII.IT!. PROM. EVA 'TO CODE APPEALS 18.10% 22.50%
3. MOLOKAI PLANNING COMMISSION 18.96% 23.57%
4. DEPARTMENT OF NATER SUPPLY 18.82% 23.39%
5. REPEAL COO PROVISION RE SALARIES 20.36% 25.31%
6. CERTIFY GRANT REVENUESSORE RECEIPT 16.89%51% 2 .. 9%
20.99%
7. DEADLINE FOR AUDITOR
8. BOARDS AND COMMISSIONS - START DATE AND TERMS 22.09%
2.0%4% 27. 45%
9. NUMBER OF VOTES FOR MAJORITY
18.59% 23.11%
%RV PERCENTAGE OF TOTAL REGISTERED VOTERS
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9 . HUMBER OF VOTES FOR MAJORITY
VOTES CAST YES NO BLANK
6TH 'DIST 2748 1467 689 592
7TH DIST 8338 4568 1762 2008
8TH DIST 7277 3495 1481 2301
9TH DIST 7588 4162 1639 1787
10TH DIST 6501 3271 1594 1636
• 32452 16963 7165 8324
100.00% 52.271 22.08% 25. 65%
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