HomeMy WebLinkAboutMIN CHC 1989-10-14 PH Minutes of
HAWAII COUNTY CHARTER COMMISSION
Public Hearing
October 14 , 1989
I. PUBLIC MEETING
A. Call to Order: Chairman Bethea called the public
hearing to order at approximately 10: 03 a.m. at the
Council conference room at the County Building, 25
Aupuni , Hilo, Hawaii , pursuant to Section 15-3 of
the Hawaii County Charter.
B. MICHAEL MENTNECH' S PUBLIC TESTIMONY (Exhibit A)
1. Mentnech: Council seats should be elected
solely by people living in districts which
represent that Councilperson (1: 1 :46) .
2. Mentnech: Finances should be taken out of the
election process .
3 . Mentnech: Charter changes should be listed on
the ballot item by item. There should be no
"package deals" offered to voters.
4. Mentnech: Ballot items should be worded so
that if you are in favor of the item, you vote
yes; if you are opposed, you vote no. Keep it
simple.
5. L'Orange: In single-member districts , the
present district outlines may not remain the
same; how do you feel about that? Mentnech:
Must have a starting line; districts may not be
perfect , but I agree it would be preferable to
what now exists . Single-member districts would
also reduce costs of elections. Is not
concerned whether we have 7 or 9 districts .
6. Bethea: Should Charter Commission consider
strict residency requirements for Council seat
reresentatives? Mentnech: Residency require-
ment would not solve the problems (37) and is
unconstitutional to welfare recipients.
Juvik: Questioned whether Charter could
institute a residency requirement for a
district representative? Yuen: Yes , but will
research the item.
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7. Juvik: How do you feel about publicly financed
elections? Mentnech: It ' s agreeable; but
feels money would still be involved.
8. Juvik: How about having municipal elections
non-partisan (i. e. prosecutor ' s office)?
Mentnech: Feels party affiliation is out of
control; prefers voting for the best person
available. No objection to non-partisan.
9. L'Orange: Should an apportionment commission
be created to create new districts? Mentnech:
Yes.
C. ROGER CHRISTI ' S TESTIMONY
1. Christi : Questioned whether the Charter served
as the island ' s constitution. Yuen: It does
set up the County form of government , but does
not contain mention of civil liberties.
Christi: County is closest level of government
to the people and therefore its Charter should
include a preamble that is meaningful , which
should illustrate it is most responsive and
protective of the individual. Greenwell: The
state constitution involves social legislation;
the County Charter sets up how the business
portion of the County works (27) . Juvik:
County could create a preamble in which goals
of County government are expressed.
D. WALT SOUTHWARD ON BEHALF OF THE HAWAII ,
ISLAND CHAMBER OF COMMERCE' S TESTIMONY (Exhibit B)
1. Southward: Feels the present mayor-Council
system should be retained.
2. Southward: Composition of Council should be
retained. In 1982 , the Chamber opposed
single-member districts .
3 . Southward: Recommends that the executive
branch remain the same.
4. Southward: Feels there is a needfor the
Department of Research and Development to
concentrate more on economic development.
5. Southward: Do not feel Public Works ' /Water' s
chief engineers need to be a registered
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professional engineers; their administrative
capabilities are more important .
6. Southward: Initiative should not be applicable
to land planning matters. Signatures on
initiative petitions should not be valid after
the general election after which they are
collected; there should be no 3-5 year period
to collect signatures. Petitions should state
for which general election they are intended
and should be invalid after that election.
7. Southward: Fifteen percent of the people who
voted for office of mayor in the last election
should be changed to 15% of the number of
registered voters.
8. Southward: Charter required resident address ,
social security number , date of signing, etc. ,
Corporation Counsel ' s office and County Clerk
waived those requirements in the Hapuna
initiative. This should be reinforced in the
Charter.
9 . Southward: There is a second change for a
petition committee to obtain signatures if
necessary, there is no second chance for
withdrawals. Second chance should be
eliminated if petitions are filed without the
proper number of signatures.
10. Southward: The requirement of 100 signatures
for impeachment petition is too low. It should
be 5% of those registered to vote in the last
election.
11. Southward: Re boards/commissions, representation of
populations is more important than representation of specific
districts. Leave it to discretion of mayor and
Council whether geographic area is represented.
12. Southward: Support the retention of Section
13-4(d) and 13-8 ; board and commission members
whose terms expire should not continue to serve.
13 . Southward: Section 13-8 needs to clarify when
the term of office of a department head
begins. Suggests that the word "qualified" be
deleted.
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II. REGULAR CHARTER MEETING
A. There being no further public testimony, the meeting
was closed. A regular meeting of the Charter
Commission was called to order.
B. Roll Call:
Members Robert E. Bethea, Chairman
Present: Sherwood Greenwell , Vice Chairman
David Fuertes
James O. Juvik
H. Peter L'Orange
Aileen Lum
Steven T. Nishikawa
Akira T. Omonaka
Patricia M. Poppe
Attorney: Christopher Yuen
Secretary:R. Marie Jacobs
Members Pamela F. Cushnie
Absent: Francine Duncan
C. Bethea: Need to vote on the major issues. Counsel
should work up a list of issues for circulation
prior to the next meeting. Commission: Discussion
followed. Decided: Need to first decide 1) strong
mayor or city manager type of government, 2)
district divisions and 3) Council makeup; then
balance of items can be scheduled and discussed per
per agendaan the department order in the Charter .
D. Greenwell: Charter Commission should be open to
public input up through June, 1990. Bethea: Public
may testify if item is on agenda. Yuen: There will
be specific time during the meetings when public
testimony will be taken. Written testimony can be
taken at any time until decision is made on issue,
then testimony will be accepted, but it cannot
change the decision made on an issue. Omonaka: So
people should submit items in a timely fashion.
Greenwell: Reactions will be obvious AFTER the
commission has taken a position. Omonaka: So the
public must be well aware of decisions. Bethea: If
communications come in after a position is taken, an
item can be placed on an agenda the second time for
reconsideration.
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E. Setting next meeting
The next meeting is set for Tuesday, October 31st at
9:00 a.m. Place to be announced later: L'Orange:
Requested a list of agenda items so that committee
assignments could be made at the next meeting also.
III. ADJOURNMENT
Upon motion made by Ms . Poppe and seconded by Mr.
Greenwell , the meeting was adjourned at approximately
11: 15 a.m. All were in favor.
Respectfully submitted,
aMa"1;6""),•
R. Marie Jacobs
Secretary-Assistant
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Testimony for the Charter Review Commission By: Michael Mentnech
-5)?BI 1, Ooj= 757
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1. County Council seats should be elected solely by the people living in
the district they are suppose to be representing.
This system would offer the following benefits:
a. It is a much fairer system allowing the people being represented to
choose their representatives. It wasn't right 203 years ago when London
elected Virginias representatives and it isn't right now when Hilo
elects Kohala's. It won't be right when Kona elects Hilo's in 10 years.
b. Breaking up the size of the electorate will drastically cut the amount
of money it takes to run for office. More qualified people would be
able to run, and the possibility of "carpetbagging" would be greatly
reduced. As much as possible the influence of money should be taken
out of the election process.
2. Charter changes should be submitted to the voters item by item.
Making the people decide issues on a all or nothing basis will lead
to needless conflict and could end up getting the baby thrown out with
the bath. There is no good reason for this type of take it or leave it
approach that caused so much trouble with the last Charter review.
Finally I would ask that issues be placed on the ballot in a logical fashion
If you are for it -vote Yes; not vote NO The policy in the past to use
" all those in favor vote NEY" should be dropped.
EXHIBIT A
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Page 1 of 3
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My name is Walt Southward . I am representing the Hawaii Island
Chamber of Commerce , providing their recommendations at the Hawaii
County Charter Commission Review. This date , October 14 , 1989 .
n 1 . We feel the present mayoral system should be retained.
2 . Article III , Section 3-2 , Composition of Council: Voters of
our county approved, in 1968 , the present makeup. A proposal
for single member districts was on the ballot in 1982 . At
that time, the Hawaii Island Chamber joined a number of other
groups in opposing the change to single member districts . The
voters of the County rejected single member districts by a
vote of 22 ,044 to 13 , 791 . E We should continue to oppose single
member districts for the following reasons: ,
A. The concept of single member districts tends to promote
factionalism and pork-barrel, politics.
B . Voters would be giving up nine, votes to one.
3 . Article IV, Executive Branch: Recommend that it remain the
same „
O 4 . Article V, Chapter 5 : Research and Development: There is a
need for more emphasis on the rol. of the department in the
area of economic development .
5 . Article VI , Chapter 2 : We question the need for the Chief
Engineer of the Department of Public Works to be a registered
professional .ehgineer . (This also holds true for the Depart-
ment of Water Supply) A good administrator might be a better
choice .
6 . Article VIII, Section 8-3 : We question the need for the
Manager to be a registered professional engineer. A good
engineer is not always a good administrator.
7 . Article XI, Initiative and Referendum. Because of the in-
volvement of the chamber in this area, we have' several
comments:
A. In line with the position already taken by the chamber,
we feel initiative should not be applicable to land
planning matters,.
EXHIBIT B -6.49 ,,
'\,ffiiiated with the Chat'IL-:of Ceff nerce of the Uniteci sates
Page 2 of 3
B. We believe that signatures should not be valid after the
general election for which they are collected . 'There
should be no three or four year, or longer, collection
period for signatures . Petitions should state for which
general election the petition is intended for and should
be invalid after that election .
C. Section 11-3 (c) : The figure of 15 percent of the people
who voted for the office of mayor in the last County
election should be changed to 15 percent of the number of
registered voters in the last general election to more
accurately reflect the size of the voting population.
D. Section 11-5 (b) (4) : Although the charter specifically
required residence address , social security number, date
of signing, etc . , the Hawaii County Corporation Councel
and County Clerk chose to waive this requirement in the
Hapuna Initiative . This should..be reinforced in the
charter.
1
E. Section 11-6 : Although there is a "second chance" for
the petition committee to gain additional signatures if
necessary, there is no "second chance" for withdrawals .
We would suggest that the concept of "second chance" be
eliminated. If the initiative petition is filed with
insufficient signatures , it dies .
9 . Article XII, Chapter 2 : The figure of 100 signatures for an
impeachment petition is drastically low. It should be higher ,
perhaps 5 per cent or those r� to vote in the last
general election . is
10. Article XIII, Section 13-4 : Boards and Commissions .
A . We believe there should be more concern for representation
of population, rather then the representation of specific
districts , in the overall makeup of commissions . We note
with some concern , for example, that the present makeup of .
the Planning Commission includes one member from Ka 'u , one
from Puna, one from Hilo , one from Laupahoehoe, one from
Hamakua , one from Waimea and three from Kona. This
would not appear to be in line with existing population on
the island .
B . We support the retention of Section 13-4 (d) , which
requires that no member whose term has expired shall
continue to serve on such board or commission.
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12 . Article 13, Section 13-8 : There needs to be a clarification
of the beginning of the term of office of a department head,
to avoid the conflict that existed at the beginning of the
Carpenter administration . If it is the intent that -depart-
ment heads stay on until their successor is approved by the
Council , the charter should say that . The word "qualified"
causes confusion in this area and should either be deleted,
if the intent is for the department head to take office along
with the mayor , or replaced with the word "confirmed" if that
is the intent . We would suggest ,that the word "qualified" be
deleted. Allowing outgoing department heads to remain in
office after their appointing authority has left office could
lead to abuses in both the confirmation process and the
operational process and the operational process and could
leave the mayor in a conflicting situation with his cabinet
during the formulative days of a new administration .
Thank you
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