HomeMy WebLinkAboutCOMM. 086 NORTH and SOUTH
KOHALA .`
4-11
WEST HAWAII COMMITTEE
NORTH and SOUTH
$ POST OFFICE BOX 1761 / KAILUA-KONA, HAWAII 96740UNA August 3, 1979
KAT
Mr. Kimiaki Sakata, Chairman
and Members of Hawaii County
Charter Commission
County Office Building
25 Aupuni Street
Hilo, Hi 96720
Commissioners :
As we understand it, the intent of the Commission is to give
the public the opportunity of choice as to how the County
Council should be constituted and elected. This is only
proper because the Charter is the peoples' charter to its ..
government, not the other way round.
As we read the minutes of the Commission's meetings, and
from our personal attendance, the reason there should be
choices is that this Commission realized that there was a
real uncertainty about what the electors wanted.
Now, interpretation of the charter amendment statute has
raised a roadblock about giving this choice to the people.
This roadblock is the necessity to have a majority vote
in order to adopt or revise any provision of the County
Charter.
Further, it has been stated that this requirement makes a
ballot design impossible unless there is only one alternative
to a present charter provision.
We consider this fallacious reasoning. We believe that there
can be two alternative provisions to a present provision
and still permit a ballot that meets the apparent legal
requirement for a majority vote on each proposition.
We submit to you that a ballot concerning section 3-2 can
COW. Na lS Com'
asfollows :
be designed
BALLOT WORDING
COUNTY COUNCIL: COMPOSITION AND TERMS
SHALL SECTION 3-2 OF THE CHARTER OF THE COUNTY OF HAWAII BE
AMENDED BY CHANGING THE NUMBER, TERMS,OR DISTRICTS OF THE
COUNTY COUNCILMEN?
(Section 3-2 presently calls for nine councilmen, six are
residents of six geographical districts, and three at-large.
Amendment of section 3-2 will change the council makeup,
depending on voter choice as explained below and create a
reapportionment commission to apportion the district council
seats every ten years beginning in 1983° )
YES
NO
IF SECTION 3-2 OF THE CHARTER OP THE COUNTY OF HAWAII IS TO
BE AMENDED AS DETERMINED BY THE VOTE ON THE PROPOSITION ABOVE
I VOTE YES FOR ONE OF THE TWO OPTIONS BELOW.
OPTION ONE: If approved, this amendment, etc . . , (explanatory
text)
OPTION TWO: If approved,this amendment etc, . . (explanatory
text) 4
VOTE FOR ONLY ONE OPTION
OPTION ONE
OPTION TWO
This ballot wording differs from that in the handout attached
to the minutes of Commission meeting #28 of July 25,1979 in
that it does not restrict those who voted NO to the first
question from voting on the second question.
We understand the problem with the ballot proposal of July 25
was that under that ballot reasoning, which excluded the first
proposition NO votes from subsequent choice, it might be that
there would be a majority vote for a change but difficult,
if not impossible, to get a majority for either of the pro-
posed alternatives of the second proposition.
Under our proposed ballot there would always be a majority
'0
a"
vote on each question. Therefore, the only problem which the j
Commission would have to face is reducing the number of
alternatives to the present charter provision from three to
two.
Now here is where the whole question comes to a climax. We
submit to you that the vital difference among 5-2,5-4, and
9-direct comes strictly from whether or not there are any
at-large councilmen. We firmly believe that this should be
submitted to the people for their decision. This is the
democratic process and a decision by you to do otherwise
would be denying the people their right to specify what
their charter says.
We urge you to :
l) Adopt a ballot in the form we have suggested.
2) Decide between 5-2 and 5-4 and let the survivor contest
with 9-direct at the charter election as well as with
the present provision.
By so doing this Commission closes the door to almost certain
future criticism for not letting the electorate decide as
to how their charter should be constituted.
Very truly yours,
W'''jit,---------,H .,(,? \AA1'4k)s
I
Charles P.Davies,Chairman
WEST HAWAII COMMITTEE •
1