The URL can be used to link to this page

Home My WebLink AboutCOMM. 026 s 1 • 410• req Y.--�•F�H�` R.B LIC 4SPI o i. ` _� �` ,�, YASUKI ARAKAKI • Cri- tV0 Deputy CountyC,lerk County Clcrk • \tp /' HARRY A. TAKAHASHI Legislative Auditor 9 j eV vo`Fw Np,_. OFFICE OF THE COUNTY CT.FRK • COUNTY OF HAWAII HILO, HAWAII 96720 February 20, 1979 Mr. Kimiaki Sakata, Chairman and Members Charter Review Commission 25 Aupuni Street Hilo, Hawaii 96720 • Mr. Chairman and members of the Charter Commission. My name is Stephen K. Yamashiro, Chairman of the Council of -the County of Hawaii. • At this time:- 't would like to thank you for the opportunity to parti- cipate with you in the review of our county charter. The County of Hawaii is a very vital part of our society and the county council as the legislative branch of our local government has the responsi- bility of setting the goals, priorities and direction for all the people of the 'County. Judge Martin Pence, formerly of Hilo, in one of his anti-trust decisions, advanced the theory of government participating in a similar role as parents of the people which they represent. This analogy very aptly states the role and responsibility of county government, and especially of the legislative policy-making body. It is our duty to evaluate the circumstances and conditions we exist in and to make those decisions which will allow the community to grow and prosper and continue to be a good place to live for all members of the community. • Here in the State of Hawaii, we have a very simple, centralized form of government. The responsibilities for governmental action rests in, two hands--either the State Legislature or the local County governments. We are not beset with the multitude of state-local-municipal governments along with the various boards, commissions, water districts, special districts which are responsible for -the governance of many areas of our country. Our powers as the county council are derived from the State Constitution • C.,b.✓lY tA'Te .....stir S COUNTY COLIJtCIL Charter Review Commission County of Hawaii February 20, 1979 Hawaii County Building Page 2 Hilo, Hawaii 96720 • and the Legislature of the State of Hawaii. These powers are further promulgated in that document that you are now in the process of reviewing, our County Charter. Our local government, being the closest level of government to the people of the County of Hawaii , is charged with the responsibility and obligation .of providing the primary public services demanded by the people of our County. These services are basically in the • area of police, fire, roads , .water and recreation. In addition,. and perhaps of more importance, is the local government° s role in land use and planning. The local government -through its exercise • of land use controls formulate policies and decisions which not only guide the direction and growth of our county, but also dictate cost and expenses which will be borne by the people of our county. Land use planning considers social, economic and cultural activities which determines the lifestyle, vitality, and happiness of our people. In addition, to the controls of land use and planning, the last constitutional convention has conferred upon the counties an •additional power which, when responsibly exercised, greatly enhance. the homerule capability of local government level. This is the total responsibility for the real property taxing, property within the individual counties. At the present time, the power of real property taxation is exercised at two levels. The state sets the rate of assessment and the assessment criteria with the local government responsible for the tax rate to be charged against the assessed property. This divided system has caused confusion and buckpassing . in the past, but will in the future: be eliminated by having the total responsibility transferred to the bounty. This • is an awesome responsibility and when coupled with our land use control , will greatly enhance our ability to divert the future of this island. The Council, being the legislative branch, is traditionally assigned the policy-making responsibilities with the executive branch charged with the duty of executing the policy decisions of the Council under the supervision of the Council. The Charter , which your commission is responsible for reviewing, will be the document by which this County must operate for the • next .10 years. We would caution the members of the commission that there is a need for built.-in provisions to allow for the flexibility to adjust to the changes in our society. At this time I would like to comment on our thoughts. • Y• s • , c • COUNTY COUNCIL Charter Review Commission County of Hawaii • February 20, 1979 Hawaii County E3uilding Page 3 Hilo, Hawaii 96720 I. REVISIONS A. Section 3-2 Composition and Terms We would recommend that the Council be composed of nine members , five to be elected from the State House of •Representative districts and four to be elected on an at-large basis. All members will serve four-year terms. The proposed recommendations would assure that each district is properly represented by the choice of the people within the district, not by the electorate of other districts. The four at-large members would provide the assurance that the issues will not be localized but will be addressed on a county-wide basis. E. Section 3-7 Organization of the Council; Officers; Employees The current Charter requirements have already proven the impracticality of one body servicing two masters, executive and legislative. . We are in consonance with the Mayor ' s recommendation that the .Council be authorized to retain their own legal counsel. C. Section 3-14 Adoption of Pay Plan • The adoption of the annual pay plan seems to be a redundant action, the Council must approve the positions established in the pay plan and it must approve the • funds for the positions in the operational budget. with proper amendments, the Council could take up the approval of the positions at the same time the budgetary appropriations are approved. D. Section 10-13 Post Audit The Council does not concur with the administration in changing the post audit requirements to a biennium audit. Appropriations are incorporated in an annual budget, thus the audit report should address the fiscal year coin- ciding with the budgetary appropriations. We are dealing with the public trust and thus it should be incumbent upon us to provide a disclosure of public fund expenditures on a timely basis. • J • z 410 COUNTY COUi\CIL Charter Review Commission County of Hawaii February 20 , 1979 Hawaii County Building Page 4 Hilo, Hawaii 96720 • E. Section 13-4 Boards and Commissions • The Council recommends that the boards and commissions be retained intact. These boards and commissions are another means by which the public -is able to foster their input into the governmental processes. This is another segment of the all important system of checks ' and balances incorporated into our democratic system insuring the rights' of the people to be heard. II. NEW CONSIDERATIONS A. Real Property Tax Assessment The State Constitutional Convention has resulted in • an amendment to the real property taxation powers by transferring the powers and functions relating to real property taxation from the State to the counties. Being as the County Council is charged with the responsibility of - establishing the tax rate, we would recommend that the tax assessment function be assigned to the County Council ' s Legislative Auditor. B. Confirmation of Department Heads The Council would. also recommend that their confirma- . tion authority .be expanded to include all the depart® • ment heads. It is the accepted practice that basic policy-making functions remain with the Council and . traditionally the administrative officers have been charged with the responsibility of executing the policy decisions of the Council. In order to assure that policies and programs of the legislative branch are implemented some supervision by the Council should be incorporated. The confirmation of the cabinet members of the administration would cast some onus on the departments to adhere to Council policies- and oliciesand programs. _The County of Hawaii has experienced significant changes in its socio-economic status. Modern technology has brought Hawaii and the rest of the world closer together .and it is reflected in the .type and level of services being demanded by the people. The future outlook for the County of Hawaii is bright, our Charter should be designed to cope. with the ever changing needs of our society. ! • I COUNTY COUI\(CIL Charter Review Commission County of Hawaii February 20, 1979 Hawaii County Building Page 5 Hilo, Hawaii 96720 • In closing, we would like to commend all of you for accepting the responsibility and the arduous task associated with the Charter Review process. Your decisions will determine the effectiveness • of our local government structure. Alkydashir-0161— tIOUNCIL CHAIRM N