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HomeMy WebLinkAboutMIN CHC 1990-07-25 y a t.. 4- Cit6YLiarie JOHN A. WAGNER '�►t _ :4ii% ROBERTS. SHIOJI _ r of •�y. Deputy County Clerk County Clerk =�°• �-. - -�?y'� "c\�'. ' � ' `# HARRY A. TAKAHASHI s T9T�.4 Legislative Auditor *. E OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building 25 Aupuni Street • Hilo,Hawaii 96720 July 20, 1990 • To: County Charter Commission From: John A. Wagner, County Clerk Subject: Proposed Charter Amendments Dear Commissioners: 110 I understand that you plan to propose approximately 30-35 charter amendments to Hawaii County' s voters in the November 6, 1990, general election. I am concerned with the effect that this large number of proposed charter amendments will have on the time it takes . our citizens to complete the voting process . With the large number of proposed charter amendment , I foresee many long lines and delays at our polling places . In order to complete those things that are necessary. to plan the proposed charter amendments on the ballot, I would appreciate it if you can give me your proposed amendments no later than August 10, 1990 . I must receive them by this date so that I can draft the ballots and forward them to the Lieutenant Governor' s office. I would like to discuss these matters with you at your next Charter Commission meeting. Please schedule me on the agenda for your next meeting. Thank you for your cooperation and assistance. Very truly yours, /.G CQ) ifjt� L,,ni-John A. Wagner County Clerk IIP EXHIBIT A 985 , MINUTES OF HAWAII COUNTY CHARTER COMMISSION 411 July 25 , 1990 I . CALL TO ORDER Chairman Bethea called the meeting to order at approximately 9 : 06 a.m. at the Liquor Control Conference Room, Hilo , Hawaii . II. ROLL CALL Members Robert E. Bethea, Chairman Present: Sherwood Greenwell , Vice Chairman Pamela Cushnie David Fuertes James O. Juvik H. Peter L'Orange Steven T. Nishikawa Aileen Lum Akira Omonaka Patricia Poppe Attorney: Christopher J. Yuen • Members Absent: Francine Duncan III . APPROVAL OF MINUTES The minutes of the July 11 , 1990 , meeting were approved unanimously. IV. PUBLIC TESTIMONY John Wagner , County Clerk, addressed the Commission. In his capacity as chief county election officer, he was concerned that the number of questions being proposed by the Commission would cause delays and long lines at the voting places. He also opposed lumping together multiple subjects in a single ballot question. He indicated he would use his authority as elections officer to prevent the grouping together of different subjects in one ballot question. Yuen stated , on authority of Kahalekai v. Doi , that grouping different subjects together was legally permissible. Whether the Commission wanted to do so was up to the Commission, but if it wanted to avoid grouping items , it would have to delete many items which had previously been given tentative approval for the ballot. The Commission could effectively control the grouping by the way it defined the amendments which it sent to the clerk. 986 Mr. L'Orange requested that Mr. Yuen meet with Mr. Wagner, Mr. Bethea, and with a representative of the Corporation Counsel to resolve any issues over the ballot. V. ART. X Counsel explained that the Article X had been re-drafted to deal with concerns expressed by the County Council . The time in which the Mayor had to decide to veto the operating budget has reduced to ten working days , instead of the ten calendar days in Sect . 3-14 . The language was added to make it clear that the mayor must justify amendments to the budget by referring to changed circumstances . The amendment deadline was moved to May 1 instead of May 5. Juvik moved to approve the re-draft (attachment "1" to counsel ' s letter of July 20 , 1990) but with the May 1 amendment date moved back to May 5 . Ms. Poppe seconded the motion. After discussion, the motion unanimously passed. VI. COUNCIL TERM Mr. Greenwell made a motion that if the single-member district proposal were adopted , the council term be reduced to two years . Mr. L'Orange seconded the motion. After discussion, the motion was carried by roll call vote, 7-3 . 411 Roll Call on Motion: Mr. Greenwell - Aye Ms . Cushnie - No Mr. Fuertes - Aye Dr. Juvik - No Mr. L'Orange - Aye Mr. Nishikawa - Aye Ms. Lum - Aye Mr. Akira - Aye Ms . Poppe - Aye Mr. Bethea - No VII . APPROVAL OF LANGUAGE FOR RECALL Ms. Poppe moved for approval of the language change for recall petitions (attachment "2" to counsel ' s letter of July 20, 1990) . Ms . Cushnie seconded the motion. All were in favor and the motion was carried. VIII. SPECIAL ELECTIONS Yuen explained that at the last meeting the Commission had voted to make it explicit that if a vacancy occurs after the filing deadline of sixty days before the primary, there is no election to fill the vacancy. Dr. Juvik moved for approval of attachment "3" to counsel ' s letter of July 20, 1990, which had this effect. Mr. L'Orange seconded . All were in favor and the motion unanimously carried. 987 IX. BALLOT ISSUES • After considerable discussions , the Commission decided to vote on each item that had previously been tentatively approved for the ballot , following the listing in the "Charter Amendment Ballot Pamphlet , Draft 2. " Dr. Juvik moved that proposal "1" (single-member districts) be included on the ballot , with the additional change to two-year term approved at the present meeting. Mr. L'Orange seconded the motion. All were in favor and the motion carried. Dr. Juvik moved, for discussion purposes , that proposal "2" (limits on initiative and referendum power) be placed on the ballot. Mr. L'Orange seconded . All opposed the motion and it failed. This item will not be on the ballot . Dr. Juvik moved , for discussion purposes , that proposal "3" (limits on initiative and referendum power) be placed on the ballot . Mr. L'Orange seconded . All opposed the motion and it failed. This item will not be on the ballot . Dr. Juvik moved to include proposal "4" (procedural changes to initiative and referendum) on the ballot with the changes approved at the present meeting, as a single amendment . Ms. Poppe seconded the motion. All were in • favor and the motion carried. Dr. Juvik moved that proposal "5" (police commission) be included on the ballot as a single amendment. Mr. Omonaka seconded the motion. All were in favor and the motion carried. Dr. Juvik moved that proposal "6" (financial procedures) be included on the ballot as a single amendment , with the changes approved at the present meeting, but with the changes in non-advertised amounts (Sect. 10-14) moved to another ballot question_ Ms. Cushnie seconded the motion. All were in favor and the motion carried. Ms . Cushnie moved to put proposal "7" (salary commission) on the ballot. Mr. Greenwell seconded the motion. The motion was carried by roll call vote, 7-3 . Roll Call on Motion: Mr. Greenwell - Aye Ms. Cushine - Aye Mr. Fuertes - Aye Dr. Juvik - No Mr. L'Orange - Aye Mr. Nishikawa - No Ms. Lum - Aye • Mr. Omonaka - No Ms. Poppe - Aye Mr. Bethea - Aye 988 At this point , the rules were suspended to allow Councilwoman Helene Hale to address the Commission. • Mrs. Hale told the Commission that the Council ' s Intergovernmental Relations Committee , which she chairs , prefers that the initial reapportionment commission consist of nine members , one from each geographical area of the County. They also prefer the May 1 deadline for the Mayor' s budget amendments . Mrs . Hale invited the Commission to send a representative to the next meeting of the Intergovernmental Relations Committee. She also opposed reducing the notice for the public hearing to one week. BALLOT ISSUES The Commission discussed treatment of proposals "8" and "9" , which lumped many items together. The Commission agreed to consider each separate subject in order and decide whether they should be included on the ballot . "Environmental quality" in general plan: was voted off the ballot by an 8-2 vote. Minimum qualifications for certain department heads : was voted to be included on the ballot by a 9-1 vote. Reducing responsibilities of Research and Development: • was voted off the ballot by a 9-1 vote. Vacancies at or near the filing deadline: was voted to be included on the ballot by a 10-0 vote. Holdovers: was voted to be included on the ballot by an 8-2 vote. 45-day deadline for council action on appointments to boards: was voted to be included on the ballot by an 8-2 vote. Absenteeism on boards: was voted off the ballot by a 10-0 vote. Oath re Charter: was voted off the ballot by a 10-0 vote. Publication in the newspapers : was voted to be included on the ballot by a 10-0 vote. Corporation Counsel ' s term to begin on appointment: four members voted to include this on the ballot. Roll Call on Motion: Mr. Greenwell - Aye Ms . Cushnie - Aye • Mr. Fuertes - No Dr. Juvik - No 989. Mr. L'Orange - Aye Mr. Nishikawa - No Ms. Lum - No Mr. Omonaka - No Ms. Poppe - No Mr. Bethea - Aye It was , therefore, voted off the ballot by a 6-4 vote. Recall procedures: was voted to be included on the ballot by a 9-1 vote. Recall signatures valid if registered when clerk counts: was voted to be on the ballot by a 6-4 vote. No hiring of son-in-law or daughter-in-law: was voted off the ballot by a 10-0 vote. Board of ethics expanded to nine members : was voted off the ballot by a 10-0 vote. Mandatory deputy managing director and deputy finance director: was voted to be included on the ballot by a 8-2 vote. Clarify non-civil service status of positions in mayor' s office and department heads and deputies : Counsel explained that this was not intended to make substantive changes in the law but had proven very confusing. Voted 411 off the ballot by a 10-0 vote. "Twelve o' clock meridian" to "noon" : voted off the ballot by a 10-0 vote. It was moved that all "conformance with state law" items , that is , number of members on civil service, rules and regulations, planning commission powers , and non-advertising limits on contracts , be included together on the ballot as one amendment. All were in favor and the motion carried. Ms. Poppe made a motion that the following three items be included together on the ballot as one amendment: majority voting on boards , definition of quorum, and majority voting on the council . Mr. L'Orange seconded the motion. All were in favor and the motion was carried. Department heads to take office upon appointment: was voted to be included on the ballot by a 10-0 vote. Gender-neutral language: was voted to be included on the ballot by a 10-0 vote. Ms. Poppe moved to reconsider the previous decision not to • include the change to the corporation counsel ' s term. The vote was 5-5, with Cushnie, Greenwell , Bethea, Poppe, and L'Orange in favor. Fuertes , Juvik, Nishikawa, Lum, and Omonaka voted against . The motion to reconsider failed. 990 Mr. L'Orange asked that this item be placed on the agenda for the next meeting. Ms. Poppe moved that all amendments should take effect upon their approval by the voters . Mr. L'Orange seconded the motion. All were in favor and the motion carried. Counsel repeated that the effect of the Commission' s actions would be that all items which the Commission had voted to be included on the ballot would be sent to the county clerk as the official action of the Commission. Voter education was discussed, including the possibility of a mailing of the digest or ballot pamphlet to all registered voters. X. The next meeting (and final) was set for 9 a.m. , August 6 , Monday, at the Liquor Control Conference Room, Hilo. XI. ADJOURNMENT The meeting was adjourned at approximately 12: 55 p.m. Respectfully submitted, Christopher J. Yuen Counsel for Commission • 991 HAWAII COUNTY ".44 COMMISSION 101 Aupuni Street,Suite 235 Hilo Lagoon Centre e• Hilo, Hawaii 96720 `' 'f of"' =_ (808) 961-0177 Robert E.Bethea, _ Chairperson Sherwood Greenwell July 27 , 1990 Co-Chairperson Members: Pamela F.Cushnie Francine Duncan David Fuertes JamesO.Juvik John Wagner , Esq. H.PeterL'Orange County Clerk , County of Hawaii Aileen Lum StevenT. Nishikawa 25 Aupuni Street Akira T.Omonaka Hilo , HI 96720 Patricia M.Poppe Executive Secretary: Re : Proposed Charter Amendments Proposed R.Marie Jacobs by the Charter Commission Dear Mr . Wagner : It is my pleasure to transmit to you the enclosed • charter amendments which are being proposed by the Hawaii County Charter Commission. At its meeting of July 25 , 1990 , the Charter Commission voted to place on the 1990 ballot fifteen different proposed amendments . It is the Commission' s wish that these fifteen amendments be- placed on the ballot as fifteen separate ballot proposals. You will note that some of the amendments contain changes to several different sections of the charter . In those cases , it was the Commission' s wish that the grouping be treated as a single amendment to be presented to the voters as a single ballot proposal . The Commission will consider one more possible amendment on August 6 , 1990 : a possible change to the appointment of the corporation counsel . This may necessitate an additional amendment , or it may result in a change to Proposed Amendment " 9" . The other amendments which are being sent to you with this letter should be treated as final . We will appreciate it if you will review the enclosed for technical accuracy. The Commission ' s attorney, Mr . Yuen, and I would appreciate the opportunity to meet with you • EXHIBIT B 992 11, John Wagner , Esq. Page 2 July 27 , 1990 concerning the language to be placed on the ballot and the design of the ballot . Thank you for your anticipated cooperation in this matter . Y rs truly , z1 Robert E. Bethea Chair , Hawaii County Charter Commission REB :ew Encs . cc : Charter Commission Members • Christopher J. Yuen, Esq. The Honorable Larry Tanimoto , Mayor Mr . Russell Kokubun, Chair , County Council Ms . Helene H. Hale , Chair , Inter-Governmental Relations Committee Richard I . Miyamoto , Esq. , Corporation Counsel • 993 , _ • PROPOSED CHARTER AMENDMENT "6" BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII: SECTION 1. Section 5-3.2, Hawaii County Charter, is amended to read as follows: "Section 5-3.2. Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. The deputy finance director shall have had a minimum of three years of . III training and experience in a responsible financial position. " SECTION 2 . Section 5-4.2, Hawaii County Charter, is amended to read as follows: "Section 5-4.2. Planning. Director. The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall have had a minimum of five years' training and experience in a responsible planning position or a degree in planning, engineering, architecture, geography, or another planning-related field and three years' experience in a responsible planning position. The director shall be the administrative head of the department and shall:" (No change to remainder of section. ) SECTION 3 . Section 6-1.2, Hawaii County Charter, is amended 994 ,;- ' I to read as follows: III "Section 6-1.2. Appointment. The managing director shall be appointed by the mayor and may be removed by the mayor. The managing director shall have had a minimum of five years' experience in an administrative capacity." SECTION 4. Section 6-4, Hawaii County Charter, is amended to read as follows: "Section 6-4. Fire Chief. The fire chief shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The fire chief shall have had a minimum of five years' training and experience in fire control, including at least three years' experience in a responsible administrative capacity. " S SECTION 5. New charter material is underscored. SECTION 6. This amendment shall. take effect upon its approval by the voters. IOU -2- 995 41, PROPOSED CHARTER AMENDMENT "11" . - BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII: SECTION 1. Section 4-5, Hawaii County Charter, is amended by amending subsection 4-5(a) to read as follows: "Section 4-5. Powers and Duties of Agency Heads. Subject to the provisions of this charter, the administrative heads of each agency or executive agency of the county shall have the power to: (a) Appoint and remove a deputy or assistant and a private secretary and such positions shall be exempt from civil service laws and classifications. No such appointment shall be made unless the positions have been created and appropriations therefor have been made by the council[ . ] , unless the deputy position has been specifically established by this charter. " ' SECTION 2. Section 5-3 . 1, Hawaii County Charter, is amended to read as follows: "Section 5-3.1. Organization. There shall be a department of finance consisting of the director of finance, deputy director of finance, and the necessary staff. " ._ SECTION 3 . Section 6-1. 1, Hawaii County Charter, is amended to read as follows: "Section 6-1.1. Organization. There shall be a position of • managing director in the office of the mayor, and a deputy 996 managing director. [He] The managing director shall be the 411 principal management aide of the mayor. " SECTION 4. Charter material to be repealed is bracketed. New charter material is underscored. SECTION 5. This amendment shall take effect upon its approval by the voters. 411 -2- 997 • t I PROPOSED CHARTER AMENDMENT 01151 • BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII.: SECTION 1. Section 5-4.3 , Hawaii County Charter, is amended to read as follows: "Section 5-4.3. Planning Commission. The planning commission shall consist of nine members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Commission membership shall be representative ofthe community and ofthe county geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo. In ti addition, the chief engineer of the county and the manager of the department of water supply or their designated representatives 411 shall serve as ex-officio members of the commission without power to vote. The commission shall establish its rules of procedure and shall: (a) Advise the mayor, council and the planning director in matters concerning planning programs. (b) Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. The commission shall recommend approval, in whole or in part, with or without modifications, or rejection of such plans. (c) Review subdivision and zoning ordinances and amendments • thereto drafted by the director and transmit such ordinances with • 998 recommendations thereon through the mayor to the council for • consideration and action. The commission shall recommend approval, in whole or in part, with or without modifications, or rejection of such ordinances. (d) Adopt rules and regulations having the force and effect of law pursuant to the subdivision and zoning ordinances. [ (e) Review and recommend to the state land use commission any change of land use boundaries. ] [ (f) Hear and determine appeals from the actions of the director on rezoning applications, and special exceptions from the permitted uses of each district of the zoning ordinance. ] [ (g) ] (e) Hear and determine appeals requesting variances or other exceptions from the subdivision and zoning ordinances where, due tospecial conditions, a literal enforcement of the • provisions of the ordinances will result in unnecessary hardship and the granting of the variances or other exceptions will not be contrary to the public interest. [ (h) ] (f) Hold public hearings whenever necessary and in every case prior to [the granting of] action on any rezoning request, variance, special exception, or other related applications. Notice of the time and place of the hearing shall be published at least ten days prior to such hearing in a daily newspaper of general circulation in the county. " SECTION 2. Section 7-1.2, Hawaii County Charter, is amended to read as follows: • -2- 999 ""Section 7-1.2. Civil Service Commission. The civil • service commission shall consist of [seven] five members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Commission membership shall be representative of the community [and of the county geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo] and the members shall all be in sympathy with and believe in the principles of the merit system in public employment. " SECTION 3 . Section 10-14, Hawaii County Charter, is amended to read as follows: "Section 10-14. Centralized Purchasing. (a) The department of finance shall be responsible for the procurement of all materials, supplies, equipment and services ® required by any agency of the county, except as otherwise provided by this charter or any law. (b) There shall be a standardization committee composed of five members. The mayor shall appoint four members without necessity of council confirmation, each of whom shall be from a separate department. The fifth member shall be a representative of the department of finance who shall serve as chairman of the committee. The committee shall classify all materials, supplies and equipment commonly used by the various agencies of the county and shall prepare and adopt standards and specification for such materials, supplies and equipment. (c) All purchases and contracts for materials, supplies, • -3- 1000- r equipment and services shall be made by advertising, except that • such purchases and contracts may be negotiated without advertising if: (1) The public exigency will notadmit of the delay incident to advertising. (2) The aggregate amount involved does not exceed [$4, 000. 00] $8, 000. 00; however, any purchases or contracts involving sums between [$500. 00] $1, 000.00 and [$4, 000. 00] $8 , 000. 00 shall be based on competitive bids which shall be in writing. (3) It is impracticable to secure competitive bidding for materials, supplies and equipment, including animals, plants, food and fodder for animals of the zoo, non-processed agricultural products, patented or proprietary articles and books • and publications. (4) It is determined that the procurement of equipment determined to be technical equipment is to assure necessary standardization of the equipment and interchangeability of parts and that such standardization and interchangeability are necessary in the interest of economy. (5) Any other procedure or matter will promote the effective, efficient and timely procurement of goods and services. " SECTION 4. Section 13-7, Hawaii County Charter, is amended to read as follows: -4- 1001 I . "Section 13-7. Rules and Regulations. Except as otherwise 411 provided in this charter, all rules and regulations having the force and effect of law adopted by any board, commission or administrative head of a department shall be approved by the [council and] the mayor before going into effect. The provisions of this section shall be applicable to service rates or fees, license fees and other charges. " SECTION 5. Charter material to be repealed is bracketed. New charter material is underscored. SECTION 6. This amendment shall take effect upon its approval by the voters. • -5- 1.002