HomeMy WebLinkAboutCHC 1979-04-17 PH HAWAII COUNTY CHARTER COMMISSION
MINUTES
14th Session and Public Hearing
April 17, 1979
Punalu'u and Naalehu, Hawaii
The fourteenth session of the Hawaii County Charter
Commission was called to order at 4:46 p.m. in the Punalu'u
Village Restaurant Meeting Room, Punalu'u Hawaii , by
Mr. Kimiaki Sakata, Chairman.
The roll recorded the following:
Present: Mr. Harlan Cadinha
Mr. Richard Ishida
Mrs. Amy Iwamoto
Mrs. Gloria Kobayashi.
Mr. Akira Omonaka
Mr. Kimiaki Sakata
Mr. Herman Sensano
Mr. Joseph Trulson
Mr. Basilio Yagong
Mr. Matsuo Yanaga
Absent Mr. Spencer Kalani Schutte
and
Excused :
Also Attorney Stuart Oda
Present : Recording Secretary Joan Carnett
APPROVAL The Chair called for approval of minutes dated
OF MINUTES: April 3, 1979.
Mr. Trulson made the motion to
approve the minutes as submitted.
Seconded by Mrs. Iwamoto and un-
imously carried.
COMMUNI- The following communications were considered:
CATIONS:
Comm. 40 : Statement from Jack Konno, Division Director,
United Public Workers, dated April 10 , 1979
submitting recommendations for Charter
revision.
Comm. 41: Statement from Garry Garrison , President, Kona
Coast Chamber of Commerce, outlining the
Chamber' s recommendations for Charter revision.
Motion was made to receive and
file Communications 40 and 41
by Mr. Trulson. Seconded by
Mr. Yagong and unanimously carried.
RULES OF The Chair requested legal counsel , Attorney
PROCEDURE: Stuart Oda, to detail Section IX of the Rules
of Procedure for the Commission prior to the
start of the public hearing.
ATTORNEY ODA: Rules of Procedure, Section IX,
Subsection A, "All persons desiring to speak before the
Commission shall register with the Secretary prior to the
convening of the meeting and shall provide the Commission with
their name, address , and organization they represent, if
applicable. No person who fails to register shall be heard. "
On that point, the county council requested
last week, Saturday, that we do not apply strict enforcement to
that particular rule. I assured them that the Commission would
be very liberal and that rule would be used only in extreme
circumstances.
Subsection B "The Chairman shall call the
name of the person desiring to speak, and all persons shall
speak before a microphone and be informed that their statements
will be recorded. "
Subsection C, "All statements before the
Commission shall be in reference to provisisons in the Charter
of the County of Hawaii or those that may be proposed as
amendments or additions thereto. Statements not relevant, at
the discretion of the Chairman, shall not be heard or considered.
Whenever requested or appropriate, the speaker shall specify the
charter provision referred to so that members may be familiar
with its provisions. "
That provision is to prevent any discussion
on matters that are not related to Charter amendments. People
might have complaints about county road crews or whatever.
Subsection D, "All statements are to be made
to the Commission in general , and not to any specfic member,
unless in response to a question by the said member. "
Subsection E, "At any time, the Chairman or
any Commission member may interrupt any person making a -state
ment for a clarification or answer. "
On that point, it is self-explanatory but no
Commission member or Chairman need to wait for , the completion
of the entire statement before asking for a c1_arfication or
question.
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Subsection F, "At the discretion of the
Chairman each person may be, allotted a specific number of
minutes to speak. "
Again, that is very discretionary how you
want to handle that. That is one reason why it would be nice if
you had a specific number of people who you know who have
registered. If, let ' s say, twenty people register in advance,
you may have to set a time limit to the length of their state-
ments. If not, if only five people register, there would be
no need for it. '
Subsection G, "Written proposals regarding
any amendments or additions to the Charter may be submitted at
the time of the hearing or thereafter. "
Some people are gun-shy about testifying in
person and that is very understandable. - These people are
permitted to submit written statements either at the time of
the hearing or after that without making a verbal statement.
Subsection H, "Written statements on issues
before the Commission may be deferred until such time as the
subject matter referred to in the statement appears on the
Commission ' s agenda. If deferred, the writer shall be informed
when the issue will be on the agenda to allow the writer the
opportunity to address the Commission and elaborate and/or
clarify his statement , should he so desire. "
There is no specific agenda for thei,.•Public
Hearings. It is wide open. The purpose of that particular
provision is mainly to allow the Chair the discretion to
reschedule an individual for another date if there isn 't
enough time for a specific matter he might have.
Subsection I , "Oral statements before the
Commission will be heard at scheduled Public Hearings to be
held by the Commission. "
There is one other matter in Section XIV,
Public Access, "Any person may obtain information, or make
submittals or requests by contacting the Office of the County
Clerk, County of Hawaii. . . . "
All the other provisions refer to house-
keeping tu.lesfor your information. So they do not affect
the public.
Any questions or clarifications?
MR. SENSANO: Would it be proper for us, during
the time that we are hearing the testimony, to call a recess in
case we feel we 's;hould put our heads together and have a dis-
cussion?
ATTORNEY ODA: You can call a recess at any
time. I see no problem with that at all. I don ' t think the
situation will come up, though, because no decisions will be
made insofar as any Charter amendments. I don ' t think there
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will be any need for us to put our heads together. But in
case it comes up, yes.
MR. SENSANO: What would happen if someone
were to get out of line and the Chairman calls him down but
lie doesn ' t respond and cooperate?
ATTORNEY ODA: In a situation like that we
would just have to call a recess.
MR. TRULSON: Mr. Chairman. At the beginning
of the public hearing we will advise the public as to the Rules
of Procedure as far as testifying?
CHAIRMAN SAKATA: Yes, I think I will have
Mr. Oda read that part so they will know what is taking place
as far as the public hearing is concerned and the Rules of
Procedure. So they will know for sure and everything is clear
that when they do testify that these are the guidelines to
follow in testifying.
RECESS: At 5 : 11 p.m. the Chair called for recess.
RECONVENE: At 7: 27 p.m. the meeting reconvened with all
members present at Naalehu Elementary School
Cafeteria.
PUBLIC The Chair welcomed persons in attendance to the
HEARING: meeting and introduced the Commission members,,
requesting Attorney Stuart Oda to present the
Rules of Procedure.
Mr. Dale Anderson of Pahala was called upon as
the first speaker for the evening.
MR. ANDERSON: I represent no organization or
group other than myself and others I have talked to -in the
Pahala community who happen to share some of my opinions as to
the County Charter.
I 'd like to speak first to the matter of rep-
resentation. It is my feeling that we would be better represented
in the bounty council if we adopted a one-man, one-vote principal.
I 'm sure in other hearings you have heard a good deal_ab_out this
and I would like to support that thought. My feeling being that
we could do better without at-large representation with a re-
districting, if necessary, to make the necessary population
adjustments so that we would be represented by our own district
representatives in the county council. It would seem to me that
this is far and away the fairest and most equitable and most
efficient system of representation among communities in an island
of government such as ours.
I realize that this poses some problems due to
the fact that we operate in a time cycle not in accordance with
the ten year census. I 'm sure that the technicalities of this
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can be worked out to the satisfaction to have the necessary
representation.
The second thing I would like to speak on is
the desirability of a ceiling on spending in the county govern-
ment. We live in a time of inflation. It is obvious that as
population increases, as the demand for services increase, as
costs rise, as technology changes we require, undoubtedly,
greater expenditures in our county government. Just as every
other facet of our governing bodies do. However, I 'think it
would be most beneficial if we were to place a ceiling upon
this amount of moneys that can be appropriated for whatever
expenditures. Again , this would have to be the technicalities
of how this is worked out-would have to be studied. But the
advantage is, as I see it, in placing ceilings on spending is
forcing our government to place priorities on the expenditures
that are made, where, perhaps those priorities do not exist
today.
For instance, it would seem somewhat inapp-
ropriate to me that we would build a racetrack in one community
when another community doesn 't have a fire station or 24-hour
police service. A ceiling on expenditures would necessarily
force the people spending these tax funds to place priorities
on what is to be spent.and where._Of= course we- need a base to
establish how much increase could be allowed over a period of
time. But, again, those are technicalities that I am sure our
wise and good people can come to grips with.
The third item that I would address is the
matter of when we vote on any changes that you folks propose
to be made in the County Charter.;-It is my understanding that
to hold a special election in this county comes to a sum of
some $60,000 give or take a few. The charter itself mandates
that the charter be reviewed every ten years. It does not
mandate, however, exactly when any revisions must be voted on.
I believe it states that it can be at a general election. At
the next general election or at a special election. I would propose
that while what-we discuss as changes are important, they are
certainly not earthshattering and do not require a special
election. What you good folks decide to put before the public
to be voted on could just as well wait until the 1980 general
election as to spend $60,000 for a special election in 1979.
Thank you, that is all.
MR. OMONAKA: With regard to the concept of
one-man, one-vote, do you have any idea as to how many council
members we should have?
MR. ANDERSON: I personally favor nine. I
would see the island being divided into 9 districts of approxi-
mately equal population.
MR. OMONAKA: What happens if the boundaries
are not within the so-called communities that have rather close
relations to one another?
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MR. ANDERSON: As there would be, I recognize
that. Wasn ' t there a time in this county when Puna and Ka' u
were in one district? This kind of arrangement has been seen
before here and I recognize that would be necessary, yes.
MR. ISHIDA: Mr. Anderson. Under the present
system where the county council is elected we have whatwe call
a partial type of district representation where you can run at-
large. You do not feel that would meet your requirement how
councilmen should be representing?
MR. ANDERSON: I have heard arguments both
ways. Very compelling arguments both ways. I have even heard
the argument that some people do not want any district represen-
tation at all , they prefer to see all at-large representation.
There is a wide gamut of choices here. I personally feel , and
others that I have talked to in Pahala feel that for our
district and for Kona' s district or Honokaa, or whatever, to
express our thoughts best in-a county councilman we would be best
served by our representative who serves no one else and elected
by the electorate of our district only.
MR. ISHIDA: Have you attempted to devise a
districting plan or any system as to how this island could be
districted?
MR. ANDERSON: No, sir, I have not. Beyond the
fact that I recognize the necessity for rather large geographical
areas involved with one district and a very small geographical
area involved with another. But I see no particular disadvantage
in it.
MR. ISHIDA: I see. There has been one
proposal presented to the commission that we should maybe use
the present representative districts. In other words, where we
have currently five representatives in the state 'legislature from
the Big Island we should keep that representation and the re-
maining four run at-large. I know you currently don ' t have any
recommendation as to how this districting should be made but I
take it you feel some type of districting should be done. Do
you have any views on that proposal?
MR. ANDERSON: No, I 'm sorry, I would have to
think about that further.
MR. ISHIDA: On the issue of ceiling on spending.
Do you have any standard which the commission could consider as
some kind of standard which we should use to determine what the
ceiling if any should be proposed for the county?
MR. ANDERSON: Recognizing the pressures of
inflation we all live under today, I would think the basis to
any workable plan would be a recognition of a certain increase,
inflationary increase. Whether it is just the gross national
income. .there are any number of bases that can tell us that and
I leave it to the experts to pick the one that would be best
suited to our needs. But certainly we must recognize that the
cost of running any government goes up just like the cost of
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running any business. That would have to be recognized.
MR. ISHIDA: I think the Commissioners share
your concern. I think the problem that we are faced with is
how do we determine what ceiling to use. We don ' t want to
just use our judgment and say this should be it. Maybe it is
wrong. The only thing we can go on is by the input we have
as to what guidelines should be followed. This is where maybe
you can help us. I think we can take into cons-ideation `the' fact
that every year maybe there should be a slight increase to
take care of inflation but where do we start? Do you have any
suggestions?
MR. ANDERSON: I suppose it could be done
historically. That is, suppose that the average expenditures
over a previous period were considered--five years, ten years
whatever--and then involve in that certain inflationary trends.
Population, obviously, if we increase population 50% that has
got to be recognized. But I would think it could be based on
a historical expenditure about some determined period which I
don ' t have in mind.
MR. ISHIDA: The third item that you mentioned
is special voting. I believe your concern is that cost that
would be undertaken to have a special election as far as this
special ratification for these proposals.
One of the things that we have been faced
with is that since the next scheduled election is in 1980, once
the proposals have been made we should have a special election
this year so that the redistricting or reapportionment can go
into effect in the 1980 election. Do you consider this to be
vital , critical? Or do you think it is not, it can just wait
and go on?
MR. ANDERSON: I do. I believe it can go on.
We deal in terms of decades with this charter and one more year,
as I see it, isn ' t that critical.
MR. ISHIDA: You understand that if we do
what we are proposing that the councilmen will be elected for
four years beginning 1980.. So in effect really as far as the
councilmen are concerned it will not be felt until 1984. And
this is the thing. I know the cost is a major item itself.
We have been informed it may go up as high _as $100,000. Between
$60 ,000 and $100,000 could be the cost for the election. In
view of the fact of this reapportioning being apparently one
of the major issues as far as the amendment to this revision
of the County Charteris concerned, do you still consider that
a matter that should not be taken at a special time? Or that
it can await until the next general election in 19803
MR. ANDERSON: Yes, sir, I do. I 'm rather
sure that my good friends in Kona would not agbee with me on
that but from my standpoint I think it could wait, yes.
Mr. Chairman, may I interject one more subject?
Which came to me as we speak about this. It seems to me that
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so many of the things that you people decide in the charter,
or some of them, anyway, 'are related in one way or another to
the trends in population. A viable plan would be to wait
until 1981 when we would have the results from the census of
the prior year to work with.
MR. ISHIDA: There has been a proposal made
that this commission consider placing within the charter the
creation of a reapportionment commission which would initially
meet in 1981 and every eight years thereafter. In other words ,
the intent of that as I gather it is that the apportionment
would be made prior to the general election. That might solve
your concerns. Which is something I think this commission will
probably be taking into consideration. Whether they will or
not , I don ' t know.
MR. OMONAKA': ' Mr. Anderson , regarding your
ceiling on spending. In running a government we could face a
severe recession. The income can drop a certain rate or we
could get into a disaster situation and we are going to need
more money to help people in the disaster. What would happen
if your proposal were carried?
MR. ANDERSON: I think that has been a concern
I have heard voiced before, Akira. I would have to assume that
if we faced a disaster of the magnitude that you refer to_ it would
require some kind of special administration to appoint. Granted
a ceiling as I am proposing might put a pinch in that kind _o-f an
emergency. That kind of an emergency would put a terrible pinch
in everything. Not just our government. I think I would still
prefer to see the ceiling.
CHAIRMAN SAKATA: Mr. Anderson , one question.
On this representation and redistricting of districts--you don 't
want anybody to run at-large, right? Okay. Have you ever
thought about staggered terms for councilmen?
MR. ANDERSON: I think I would like to see that.
From a standpoint of just general continuity - as the_federal_
government changes its representatives, it would seem to make
sense to me that as happened in our last election, of course,
where we just about cleaned house in one fell _swoop. Some
people would feel that that is exactly what we wanted to happen.
Others wouldn ' t. But, logically, I would think from the contin-
uity of good government it would make sense to stagger the terms
so that we have new faces and old faces together.
CHAIRMAN SAKATA: You will consider a four year
term for councilmen?
MR. ANDERSON: Yes , I think that I would favor
four year terms staggered.
CHAIRMAN SAKATA: Staggered. Thank you, very
much, Mr. Anderson.
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Next, we would like to call on Mr. Jim
Dahlberg. Mr. Dahlberg. . .
MR. DAHLBERG: Thank you, Mr. Chairman.
Members of the commission and fellow citizens and residents of
Ka' u. I 'd like to apologize first for my dress. We have had
some heavy rains up in the Wood Valley area and our cattle
like to eat that good C. Brewer cane. Our fence was washed
out in one area and we had to fix that this afternoon.
My _name is Jim Dahlberg. My residence is in
Keauhou, Ka'u. I don ' t represent any organization this evening,
just myself as a resident of the Ka'u district.
First of all , I would like to thank you for
coming to Ka'u. I hope that in the coming months, up until
the special election , should you decide on the special election,
you will come more' tonot only to this district but to all
districts on the BigIsland. Possibly holding meetings in the
areas of Pahala and also Hawaiian Ocean View, the three
precincts we have in the Ka'u district. I am somewhat concerned
with the number of citizens or residents of Ka' u that are in
attendance tonight. We had a very educational session on the
charter one week ago tonight and we had about four times as many
people. By the discussion that took place, and the fact that
it was the talk of the town the next day was encouraging to me
because I thought that we would have more people here tonight
to take positions such as Dale Anderson has taken. He was one
of those in attendance at the meeting last week. This really
concerns me because I feel that the charter, as you probably do,
is the most important document that we have on the county level .
You have all been given some proposed amendments, all of which
I feel are worthy of seriously considering but I hopedt:that the
public would be educated on them so that they can take a
position on the various amendments and thus give you a good
feeling for how the grass roots feels about these proposed
amendments.
I would like to, for the record, make it clear
that the comments given by Steve Yamashiro to you at one of
your sessions in the councilroom were possibly his and others
on the council but I was never made aware of them. And at this
time I do not want to concur with any or all parts of his
testimony. And there have been a number of comments by my
colleagues to the same effect that we feel he testified on
behalf of himself.
As I said earlier, I would really like to
emphasize the need for as many public hearings as, you can afford
within the time frame that you will be working., I , as an
elected official , would not like to take a stand on any of the
amendments until at least one go-around as it were of the island
with regard to those amendments that have come before you from
the various individuals and/or groups that you have heard thus
far.
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One item that I feel imperative to bring up
this evening because I haven ' t heard much about it--not
necessarily my position--but I 'm concerned about this and I
haven ' t heard that much input and I would urge you to go back
to those groups such as the chambers, the unions and other groups
thathave testified before you and ask them for their input on
this one subject. That is, the amount of bonded indebtedness.
I feel much like in our households it should be tied to the
amount of revenue instead of the 15% or the proposed 5% that
I have heard, or 10% of assessed valuation. Because it is
really our ability to pay that I think should be foremost.
In closing, I would just like to emphasize
again that some of my constituents feel that they are being
rushed a bit. Others, I feel , in discussing with the panel
members orin trying to obtain panel members for the rap session
last Tuesday, just don ' t know enough about the amendments. So
I feel that it is my job as an elected official , my job as a
citizen, your job as commission members to do whatever you can
to stimulate and get the public to get interested. I 'm sure
you realize as commissioners in your hearings and in seeing
the number of people that have come to testify tonight, as I
have, as an elected official that more times than not the people
don ' t care or don ' t want to get involved. I think it is our job
to, especially on such an important document like this to get
the grass roots out and to partake. I don ' t know if after you
have come up with your proposed amendments it would be prudent
to consider debates where the pros and cons are given much like
the League of Women Voters did for the Con Con. Whether it ' s
within your realm of responsibility to either encourage this
and/or sponsor this type of healthy debate. I just feel that
we need to point out the importance of this document to the
public. I think that your questions tonight with regard to the
first speaker showed that you feel as I do on this topic and
that you are really searching out how the layman feels, or lay-
woman feels, about the various . amendments. I think this is good
and I would just continue to urge you to please seek this from
our constituents. With that , I 'd like to thank you again for
coming to Kau and hope that this will be the first of many
meetings that you will be able to have in the district.
CHAIRMAN SAKATA: Mr. Dahlberg, during your
rap session last week what were some of the concerns that the
people have presented to -you as far as being an elected official
and pertaining to the charter here? Did they talk about any-
thing .on representation and anything of that sort?
MR. DAHLBERG: Yes, the first item that we
discussed , last week , was the item of representation. We talked
about five from the five representative districts and four at-
large. Five from the five representative districts and two at-
large. Nine council members from nine representative districts
and it was, I would say, a general concensus of the people ._ . ' .. .
there that night that they are in favor of some form of district
representation.
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CHAIRMAN SAKATA: Did you come to a concensus
or conclusion as to what would be the best thought on this?
MR. DAHLBERG: No, it was merely a rap session
where people ask questions. Purely educational. We didn ' t
come to any conclusions. That is a good thought. Possibly,
the next one we hold we might come to an agreement among the
members in attendance. Not that that would speak for all the
people of Ka'u but certainly for those in attendance.
MR. TRULSON: Mr. Dahlberg, regarding repre-
sentation, have you come to a decision?
MR. DAHLBERG: No, I have not. I would say
that I feel some form of district representation is in order.
But I have not come. . .and that is why tonight even though I am
tempted to take positions on the various amendments, I don ' t
think that it is fair for an elected official to take those
stands until I have attended as many of the public hearings as
possible. As you all know I have sat in on most of your get-
togethers. Sometimes through the whole session. Sometimes a
part of the session. We have heard from groups and I would like
to hear from lay people such as Dale Anderson and others. You
know, island wide.
ATTORNEY ODA: Mr. Dahlberg, you say you favor
district representation. Some form of district representation.
Under the present charter, six council persons are elected for
specific districts but at-large. Is that the form of district
representation you are talking about? Or are you talking about
the council person being elected only from let ' s say the district
of Ka ' u, period? Is that what you are talking about?
MR. DAHLBERG: I would consider that as one of
the forms of district representation along with what you might
call the pure district representation where he not only resides
in his district, or she resides in the district, but he is
elected only by that geographical district.
CHAIRMAN SAKATA: Do you favor at-large repre-
sentation?
MR. DAHLBERG: I am not prepared to take a
stand on the type of district representation that I feel to be
appropriate because I haven ' t heard enough from what I would
consider the grass roots of the Big Island. I think it ' s
important to bring out one point that was pointed out at our rap
session last Tuesday, and that is that I somehow feel as an
elected official that the people of the Big Island haven ' t made
use of the compromise that was agreed upon with the ' 68 commission.
That is that the council person live in the district but he wound
be elected island wide. I think sometimes districts forget that
you have nine council persons and that you should make use of this.
That you elected Councilman Tajiri, Domingo, Sameshima, Yamashiro,
Lai , etcetera, and etcetera. ; You can talk to all nine of them
because you elected them. I think that this is unfortunate that
this hasn ' t been used as much as it probably should be used. We
are responsive to our district in that we live here and work here
but that we are elected at-large causes us to keep a broad overview
of the entire island and also be responsive to those other districts.
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MR. ISHIDA: Mr. Dahlberg. The general
philosophy as far as the Charter Review Commission is con-
cerned is that what we have heard from many people is that
the County of Hawaii ' s Charter-,is a good document and basic-
ally since it is good, the responsibility as far asthis
commission is concerned is to determine whether any changes
or any amendments should be made. I think the difficulty
we have been having as far as the commission is concerned we
are trying to get as much input as is possible from the
citizens and from everybody who is connected with the county
to guide us. To tell us what areas or what provisions should
be changed or amended.
My personal feeling is this, if we have such
a good document and if there is no input being told to the
commission then the document should stand as is. The thing
is if there is no input, then there is nothing for us to
decide, to even review. Consequently, if nobody gives us
any positions for us to make revisions on then there is nothing
for us to do. Because if we do it then we are passing our own
judgment which I think is wrong.
This is why we are going around to the districts
to get this input. . If we go through all these public hearings
and nobody tells .UsIthink you should do this or do that, I
think we would find ourselves in a very difficult position.
I do not, personally, wish to be placed in that position.
Because if nobody tells me at this type of hearing what we
should consider, what areas should be looked into, then I am
going to take the presumption that since we do have a good
document it should stand. I will vote for no changes. And
that to me it would be useless for us to go out again.
To me it is for us to determine-to get all
the input and all the recommendations as to what areas we shall
make changes. If after review of all this input then we would
come up and make the proposed changes , then I think there is
nothing we can go wrong on. I hate to see us wind up doing
nothing.
I think your position as far as getting the
layman ' s views is good. There is no question but that I think
it is also our responsibility to get views from public officials
too. Not only elected officials like yourself, but I 'm talking
about all of the administration. All of the county employees.
Everybody. I think we should get the views from them because,
one, they are the ones who will be working under the charter
directly and are directly affected by it by day-to-day work.
I think these people should tell us if they think one area
is inconsistent with another and that we: should try to reconcile
it. Unless we are told then we are going to have to go under
the assumption that the document is a good one and that it can
be operated under.
I don ' t think it is up to us, the commission ,
to get among ourselves and revise or amend or make proposals
as far as the charter is concerned and then send it out to the
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public and say, do you think this is all right. I don ' t think
that is quite right. Consequently, I feel that everybody
should come in and give his input now so that when we do our
in-depth discussion we really have something to discuss. I
think this is really what we would like to do.
You have indicated that you have a concern as
far as the bonded indebtedness area. I think that is a concern
of others , too. Do you have anything that we should take into
consideration when we review this area?
MR. DAHLBERG: Just that it should be tied
to--L don ' t have it formalized as yet--the ability to repay
based upon revenue. Just like it is in our households. When
you go before a financial institution, they let you borrow
according to a four-to-one ratio in the case of a mortgage.
Let me possibly clear up a potential misunder-
standing. I will have my personal--and that is why I didn ' t
mean to take a shot at Steve as you might thought I was doing--
I will have my opinion or thoughts with regard to the various
amendments at the end of the public hearings. I will submit
them in writing before you come out with what you consider your
set of proposed amendments to the charter. I just feel that as
an elected official , I owe it to my constituents to get their
input. Quite frankly, that is why I was concerned about getting
the public in my district, or making available the opportunity
for the public to become educated about the various amendments.
Last Tuesday we went through just about every major amendment.
The water commission comingunder the mayor. The police
commission staying the same, etc. , etc. , and some of the others
that we have addressed already this evening.
MR. ISHIDA: : Mr. Dahlberg. Our public
hearings as scheduled ends on May -22 and in the ._first meeting
thereafter we are going to be discussing in-depth as to whether
any revisions should in fact be made.
You understand, you being an elected official,
I think it is fair for me to say that you have worked under the
charter for two years now, three years, and you know what areas
where you think maybe it should be changed. If we don ' t have
this input, how can we really consider it?
MR. DAHLBERG: I told you you are going to
get my input ,:prior to your making the amendments but I don ' t
think it is appropriate for me
MR. ISHIDA° I 'm not telling you when we should
have it, but the thing. . . .
MR. DAHLBERG: Obviously some of my colleagues
have decided to give their input in the very beginning and I
think that that is their right. I would rather wait until we
have the public input on the grass roots level such as you
are commencing with this evening. On some issues I am up to
here and I am ready to give an opinion but I don 't feel that
- 13 -
it is appropriate at this time. And that is another thing
I feel that some people are getting the feeling that they
are being rushed. I think that we should take more time.
A lesson I learned from observing the Constitutional Convention.
You' ll get my input in addition to what I have given you this
evening prior to you folks making your decisions with regards
to the various amendments that you might come forth with.
MR. ISHIDA: I don ' t speak for the commission
as a whole but, personally, if you have any thoughts or any
feelings, any input, I would appreciate it if you would give
it to us right away. In this way we have more information in
seeking our questions at other public hearings. This is why
we scheduled a lot of input before we went to public hearings.
To understand the charter and what areas the things fall into.
Many times I think to your experience you know that something
doesn ' t come out unless you ask questions. Unless we know
the areas where there may be great controversy we may be
under a misapprehension that it may be all right.
To me, if anybody has any strong positions
I would like to know now so that we can least have this in
mind as we go around the public hearings.
MRS IWAMOTO: Mr. Dahlberg, you mentioned
that the citizens have discussed the department of water supply.
Could you�;�.mention what their concerns are?
MR. DAHLBERG: We merely tossed out the question
of whether the water commission should stay semi-autonomous or
come under the mayor. We also discussed whether you would want
the police commission as it is now or in some other form.
There was one proposal put forth that it should come under the
prosecuting attorney. It was more an educational session rather
than people taking positions pro or con because almost all the
people that attended didn ' t know the first thing about the
charter. Many had never seen the document. Some were even
misinformed about what the existing conditions are. Some people
think they only elect their councilman, as it is now, that we
have pure district representation. It has happened to me ten
times if it has happened once over the last two years where
people say, oh, well , I don ' t vote for you, you are from Ka'u.
It is just amazing how many people are misinformed on that one
particular point.
MR. CADINHA: Jim, I have a question in regards
to your feelings .on bonded indebtedness. Apparently you have
thought that is-sue through pretty well and you have a definite
feeling about that.
MR. DAHLBERG: No, I haven ' t thought it through
or have an opinion about it. I merely brought it up tonight
and that is the only issue that I discussed in my presentation
because I haven ' t heard much about it and I would like to
encourage you folks to go back to those groups that haven ' t
taken a position on it and/or individuals and ask them what they
think about it. Or to hopefully stir others to think about this.
- 14 -
I think the aspect of tying it in with the ability to pay is
something that should be studied. I haven't taken a position
on it. When I made my presentation, I was merely stating that
this is one aspect that I haven ' t heard too much about.
To answer Commissioner Ishida' s question,
I would agree that just about everything that has come before
you is worthy of good debate and I have been pleased that you
have had a wide range of groups come before you and give their
positions.
MR. CADINHA: So then you are saying you are
not sure we should have a bonded indebtedness ceiling or what
this ceiling should be.
MR. DAHLBERG: I 'm not sure.
MR. CADINHA: You have no feeling as an
elected official serving for two years as a County Councilman
for the Island of Hawaii?
MR. DAHLBERG: I have my feelings and I am
going to take exception to the questioning if you continue to
try to get my opinion. I am not prepared to give that tonight.
That is my right as an individual and I think that is my
respect to my constituents island wide, as it stands now and
to my constituents here in K&iu. I want to hear what they have
to say. I truly feel that I represent the people and that the
government is for the people and by the people and not by
special interest groups that are close to any elected official.
And that is the whole way that I am attacking this review of
the charter.
MR. CADINHA: Then with regard to any part
of the charter, you are not prepared to answer any questions
about that at all?
MR. DAHLBERG: I 'm prepared to discuss things
with you. I 'm not prepared to take a stand or give my opinion.
MR. TRULSON: Mr. Dahlberg. I don ' t mean to
put you on the spot but maybe you are not familiar with our
timetable. From tonight there will be eight weeks and we will
be finalizing.
MR. DAHLBERG: I am thoroughly familiar with
the number of hearings you are going to have. The time period
of which you have set forth to have those hearings. And then
the time period in which you come forth with the proposed
amendments , if any.
MR. TRULSON: We are not trying to put you
on the spot, but that is why we are trying to get as much
information as we can. You state that you have met with your
constituents in this community and we were trying to find out
as much as we can about what they think. We don 't have that
much time. You say you want to meet with your constituents
and actually by May 22 if we go through on our time schedule
- 15 -
is when you are going to have to tell us what you feel . Not
just your opinion perhaps as a public official but your
personal feeling as a citizen as well. I 'm not talking about
tonight but I am saying this is our timetable.
MR. DAHLBERG: I appreciate your concerns
for getting my opinions as an official. I just hope that
you wouldmhave the patience to wait until the end of your
hearings because I wantb.to hear what the grass roots have said.
I have taken the time to attend some of your hearings in the
County Councilroom and I think that shows my interest in
hearing what unions and business and individuals `that`have' .
testified before you that represented various groups or
organizations have said.
CHAIRMAN SAKATA: Mr. Dahlberg, you feel that
if you are given more time then the grass roots here in Ka'u
will have more information pertaining to the charter and then
you people can talk ,,about it more intelligently and you would
be able to make more decisions. In other words, you want more
time on this so you can come before us again and listen to all
the public hearings and then formulate what you want as far as
the charter is concerned in revisions and etcetera?
MR. DAHLBERG: I hope that other districts
have the educational sessions , or session , that we have had
and hopefully more.
CHAIRMAN SAKATA: One thing appalling is the
fact that you have met with your constituents and you have
talked about this with your grass roots 'i.evel.b . t`he thing that
really bothers me is the fact that these people are, not present
at a public hearing. There is no input from themJand right now
we seem to be at a point where we cannot get really input from
you representing that group stating that, okay, these are the
things that they talked about and the things that we want to
be talking about and review and possibly amend in the charter.
Right now, what you are saying is that you did have a meeting
with your constituents but you people just probably talked
about certain aspects of the charter but then made no definite
decision as to come to a public hearing and state that these
are the things that we do want to talk about or we do want to
take a stand on. Is that correct?
MR. DAHLBERG: The main reason for the get-
together was to discuss the pros and cons of the various
proposed amendments and thus encourage people to come to a ,
public hearing and take a stand, whether pro or con. As purely
an educational session and I can ' t represent a group that hasn 't
given me the authority to represent them.
CHAIRMAN SAKATA: I 'm from Ka' u, too, and I
am kind of appalled, as a matter of fact, that people are not
that interested in coming out to a public hearing and voicing
their feelings and their proposals pertaining to the charter.
MR. DAHLBERG: I totally concur with you,
Mr. Chairman. We are experiencing the same thing with the
- 16 -
General Plan -amendments. We are having hearings all over the
island , with the next one, tomorrow night in Ka' u and so far
we 've had lousy attendance except for the one in Kona 'and the
one in Puna.
CHAIRMAN SAKiTA: Thank you, very much,
Mr. Dahlberg.
Next we would like to call on Mr. Floyd Pulham.
Mr. Pulham represents the Naalehu Community Association.
MR. PULHAM: I was asked to represent the
Community Club here this evening. However, that organization
will have a meeting later this week and I hope to convince them
to send you in writing their opinions on this. But I did agree
to come here this evening and tell you what we have been talking
about.
As many of you know, I spent the better part
of last summer in Honolulu doing this same thing with the state
constitution. So I am very familiar with your problems. I can
commiserate with you fully about trying to get people out at
hearings and I would like very much to help you in any way that
I can because of that.
First of all , I would like to answer a question
that was raised earlier because there was mention made to the
bonded indebtedness of the county. That is fixed by the state
constitution so that would be a starting point. I realize that
possibly you could make it more stringent under the County
Charter if you wanted to but be aware that it is written into
the state constitution. So you will have to start there and
work down.
I , too, was at that meeting in Pahala the
other night and I , too, will _apologize that there aren 't more
people here. But, as I said., I couldn ' t get them out from my
areas either so I don ' t know.
I would like to support, first of all , starting
with some of the things that have been mentioned. The limit on
county spending. I know you talked about that. You were
wondering how you were going to go about it. I don ' t have a
final solution either but I think that were you to limit the
real property taxations which is where the bulk of the county
money comes from. We are talking about operating money, the
bonds being already fixed by the constitution. If the limits
that they could be raised in any one year--and it is my under-
standing that you have a proposal before you limiting it to
approximately 1% on the taxation itself and 2% of the assessed
valuation and could not go up more than that in any one year--
it would seem to me that that would be a very good place to
start. I haven ' t checked on the figures because I don ' t have
them. This would appear to be a prudent way to do it but
above all , in light of what others have told you, what Mr. Anderson
has said earlier, we have to find a method of limiting government
spending. If we don ' t we will be faced with the California
- 17 -
situation which you have heard before and all this sort of thing.
But it is a fact of life today. Government spending has to be
limited and the only way _ouu are going to do it is if you do it
by law.
Good government needs these fixed guidelines
that we are talking about within which to operate because no
business can stand to just float. Not really knowing how much
money it is going to have. This is where we get into problems.
But I fully believe that you are going to have to accompany
this by mandating in the charter that we use zero base budgeting,-
on the county level. I take it that you know what I am talking
about when I say zero base budgeting. You start from zero every
year rather than saying, okay, you can have 10% over what you
had last year. Because the minute you say that, this person ,
or any person is going to take that 10% and then probably try
to get two or three more. It ' s human nature. So you have got
to start from zero and go up. We can ' t continue to add 10% or
15% or 20% a,:,year to each department the way we have been doing.
There is no way. And unless , again, that you tell people you
are going to start from zero and justify every item. in your
budget, they are not going to do it. It is much easier to do
it the other way around.
I would move on to representative_-districts. I
think to get continuity that if we went by representative
districts and elected half of them every two years, this would
split the thing pretty well . You might have to fine tune that
but at the moment that would be my suggestion. There are a
number of reasons for that you have probably heard already.
But, first of all , it would make a councilman closer to his
constituents and despite what Councilman Dahlberg has said it
has been my opinion that rather than all nine councilmen
representing each and everybody, even in Ka'u, this just simply
gives you nine people to pass the buck instead of one. It ' s
harder to pin down one out of the nine or any one of them than
it is if you have someone responsible for and to you. It is
just thatI-plain.
Maybe more important, the campaign spending
has gone to ridiculous lengths because you have to campaign
around the entire island even though you say you are a council-
man from Ka'u. Does that make much sense? To spend $20 , 000 or
$30,000. -Not really. So it would certainly give more people
an opportunity to get involved. They wouldn ' t have to go out
and try to scare up this big money. The person would be there
and more representative. Closer to the people. I think it
is an idea. That its time is here. I think in that same area
there is something that you are going to have to look closely -at.
At present, to the best of my knowledge at least, there is no
provision in the County Charter for replacing a councilman who
is disabled for some reason or other.
I don 't particularly care how this is worked
out. It seems to me like that a basic document which this is
has to provide for continuity in government and this goes_ -
even to the councilmen because you should have a right to
- 18 -
representation. I think that if he completely dies, it is
taken care of in there. But if he is just gone for six months
like we have going on right now, the people don 't have rep-
resentation. They don 't have a vote and this is wrong. You
can work that out if a person is capable he can appoint _someone
like "a 'proxy. His successor, in other words , until he is
capable of resuming his office. If he is incapacitated I see
no reason why the county chairman of the party to which he
belongs can ' t appoint a replacement. As I say, I am not really
hung up on how you do it but I know as a citizen that if some-
thing happened to my particular councilman, and he couldn ' t be
there for six months, I would certainly like to have someone
there representing myself and the rest of the community. So
I think we have to take care of this.
The next two items I will present myself and
not the Community Club because we haven ' t discussed it.
The first one that I would like to suggest
is that you limit terms of elected county officials in this
charter to- not more than 8 years-consecutive years-in any one
office. I 'm talking about all elected officials, not just the
councilmen. My reasoning behind that is obvious to at least:.
That it provides for better government. It provides for more
participation.;by;:more people. It does not limit anyone from
serving. He can serve in another office. If the people really
want this person back after he has sits out a term and works
for a living he can come back and run again and get elected.
I 'm very much against professional politicians and I think
this is one method of assuring the people that at least there
is a change in their gouernment. ..._.;That they can bring about
change.
The second item which I personally would like
to propose to you and I guess I haven ' t met any of you person-
ally before. . .if I have, then I forgot it. I `apologize.-
Except Mr. Sakata. This is no reflection on this panel what-
soever. Again , being,:a student of government, I think that
I need propose that this Charter Review Commission be an
elected body. For a number of reasons. Again, it has nothing
to do with personalities because ten years from now we are
going to have different people. We are going to have a
different appointing authority. The point is that is exactly
what you have. You have a political entity appointing people
to review the document which that particular entity functions
under. In other words, ten years down the road from now some-
body could stack the deck so to speak and there is no way
that the people can do anything about it because it is written
into the charter presently that they are appointed members.
So I think that if we are really interested
in good government that we need to do something about this
sort of thing. It will be up to you to see if you have the
courage to do it or not. But I really believe that this is
where our government starts. It is with the people after all .
-So if the Charter Review Commission is elected as the Consti-
tutional Convention members were. . .You might not agree with
- 19 -
their work. Many people didn ' t. But the point is that you
elected them to go down there and do a job and they did it.
I think that people find things a little easier to accept
then. In that same area, I feel that if you worked this out
so that the commission is elected at one particular general
election and the results of their work is submitted at the
following general election which is two years later, it
would give you a lot more time for input. It would give a
person time to really become familiar with the subject _matter.
Public hearings could be interspersed over that amount of time.
You would have time for public hearings on the results of your
work as well as input into it. You wouldn ' t have to go at it
at such a hurried pace. It would then be set up so that it
came at a specific general election and it would remove some
of the questions that you are having now--should we spend
$60, 000 or $100,000? Are we going to benefit this group or
hurt that group by having a special election? And that is
exactly what people are saying. Right or wrong. So if
you have this specified in the document and people agree that
that is what should be done then that would take care of it.
CHAIRMAN SAKATA: Mr. Pulham, you talk about
vacancy of a councilman and we have heard much about this and
we.'';have even had our legal counsel check into this word "vacancy"
because we are not too clear on this word or what it really
means. There is a section in the County Charter that definitely
speaks about vacancy in office. In Article III , Section 3-5 .
It does say exactly what happens when there is a vacancy in
the county council . But the point in consideration here is the
one in Kona. We have a councilman in Kona who is not really up
to parto represent that area right now. We have been talking
about this from input from the Chamber of Commerce of Kona.
We have been talking about it with the Kona Women ' s Group and
we really have a hang up on this. What does vacancy really
mean? If a person cannot operate and fill his office because
he is sick and there is no medical record to state that he is
incompetent in doing his work, does that constitute vacancy or
not? So we are really hung up on this but we really feel that
there is a section in the County Charter that really specifies
what takes place when there is a vacancy in office. So as far
as what you said that there is no specific mention of that in
the charter but there is and we would like to inform you that
we are looking at this from the standpoint of what is in the
charter as far as vacancy is concerned when the councilman is
sick or ill and cannot represent his area.
MR. PULHAM: Are youinterpreting that section
then as saying it covers illness and incapacity? The one that
is presently in the charter?
CHAIRMAN SAKATA: So this is what we are saying:
what does it mean by "vacancy. " We are not too clear on this
yet so we are really looking at this from this point.
MR. PULHAM: Yes, I think you need to clarify
it, right. I think that was my point.
- 20 -
CHAIRMAN SAKATA: Another thing, you talk
about the Charter Commission being elected. On this , you feel
that commissioners should be compensated then? You say,
elected body--and they get elected and go into this Charter
Commission situation. Do you think they should be compensated?
MR. PULHAM: I think that--aren ' t you allowed
reasonable compensation? Nothing at all? No per diem? No
travel allowance? Nothing?
CHAIRMAN SAKATA: According to the charter,
no, we cannot be compensated at all.
MR. PULHAM: Well , yes , I would agree that
they have to be. If you ask someone to do a job then you expect
to pay them to do that job. By this, I don ' t mean an outrageous
salary or anything of the kind. But, certainly they have to
have per diem and expenses, this sort of thing if you expect
them to do the job.
MRS. KOBAYASHI : Your proposal was for an
elected Charter Commission that would work for a period of two
years. If it were compensated, say, at the rate that the contract
and benefits f-or.=the government workers were compensated , you are
talking about a fantastic amount of money. Do you realize that?
MR. PULHAM: I realize that and that is
exactly what I didn ' t say. I said the meetings could be inter-
spersed over two years. By this , we are talking about compen-
sation per time actually worked.
MRS. KOBAYASHI : I think the previous Charter
Commissions were paid. I think $1,000 or something like that.
But the last ' 68 charter denies any payment to the commission.
MR. PULHAM: I disagree with that if that is
the case. I think that it has to be reasonable and it has to
be justified, yes , but you people should not be expected,
whether you are elected or appointed, as your case, to work
for nothing or to take it out of your pocket. That is wrong.
MRS. KOBAYASHI : I believe that however you
would state it, I feel , that you would run into a problem with
a special election. You are asking for an election on the
Charter Commission and an election on the charter two years
later.
MR. PULHAM: My suggestion was that you hold
it at one general election and that the results come out two
years later at the next general election. It would not
require a special election at any time, no.
MR. CADINHA: Mr. Pulham, in the State Consti-
tutional Convention, how many of the people that were there
drafting and redrafting the constitution were either full-time
politicians or connected very closely with resisting the change?
Is there any kind-of feedback?
- 21 -
MR. PULHAM: I could have hit it on the head
until you threw that last one in there. There were two
elected, excuse me, three, Kekua Kaapu, Bob Taira and; one
more, yes, Donald Ching. What came out later, I think was. . .
if I have to hazard a guess , I would say 50% of those people
were--from the Honolulu area at least--were staff members of
elected officials. In other words, from Mr. Suwa' s office,
or Mr. Ching' s office, or whoever, you take your pick and go
down the list and then go back and look at the records and
see who they work for over in the legislature. About 50%,
I would think.
MR. CADINHA: According to this, do you still
feel that if it were to be an elected body it would be less. .
e e e
MR. PULHAM: You can never say that it will
or it won ' t be. I would suggest that it wouldn ' t be from the
standpoint that this didn ' t happen on the Big Island, what we
are talking about. It was an Oahu thing. We are a small
enough community yet that we pretty well know who people are
and who they represent, this sort of thing. I don ' t think so,
no. But at any rate, if you voted for them then you would be
responsible for their conduct regardless of who they are. You
voted them into office, or I did, or whatever. This is the
point.
MR. CADINHA: I have one more question regarding
zero base budgeting. Are you connecting this with the spending
limit?
MR. PULHAM: I think you have to. I think that,
well , they don ' t go -together in the same package or in the same
sentence. What I am saying is that the one compliments the
other. I think that if I had my choice between the two, I would
pick just zero base budgeting because I think you probably will
accomplish it anyway. I think the trend is toward having some
kind of spending limits such as we ended up with on the state
level , as you know. Sure, there were some people screaming but
now, if you look in the paper, the chairman of the finance
committee and everybody else is agreeing now that it was a good
thing. I think it is something, as I say, its time is here.
I think you' re going to have to wrestle with it. If you don' t,
we are going to end up with it as an initiative proposal.
MRS. KOBAYASHI : Mr. Pulham, regarding your
representation of district, two per district. Yours- is the
first proposal of ten councilmen that we have had. It sounds
reasonable but the only problem that I can see is, what happens
when you have a tie vote? The, present council is nine so at
least you have a five and four.
MR. PULHAM: This is something that political
scientists have been kicking around for years and I don ' t know
that it ever actually happens. You could very easily have the ,
county chairman not vote and you wouldn ' t have a tie because
there would be nine other members so you wouldn 't have to worry
about it unless one was gone, would you?
MRS. KOBAYASHI: But then you would have a . ,
chairman who, well , I don ' t know, how would he. . .
- 22 -
MR. PULHAM: He might be a little bit more of
a diplomat. A little bit more inclined to be an administrator
than what we have been having in the past®
MRS. KOBAYASHI : Suppose he represents a
district, then? He wouldn ' t be voting.
MR. PULHAM: Politics is the art of persuasion.
MR. TRULSON : Mr. Pulham, regarding your
proposal on redistricting of having two councilmen from each
district. Is that one-man , one-vote? is that equal represent-
ation?
MR. PULHAM: No, I think you are a little--
we said, we are doubling it so you would have; four in Hilo,
the 2nd district has an A and a B portion. They have ,two
representatives, they would have four councilmen: Did I mis,=
inform you? There are five representatives but there are only
four districts.
MR. TRULSON: I thought you meant two from
each district.
MR. PULHAM: No.
MR. TRULSON: In the election of the commission,
you mentionedi, the Charter Commission. Are you proposing that
all commissions be elected?
MR. PULHAM: No.
MR. TRULSON: There is one stipulation that
except as otherwise provided, not more than a bare majority the
members shall belong to the same political party. So far, the
county is predominantly Democratic.. What if all Democrats get
in? We would have to change the charter provision there, also.
MR. PULHAM: You would have to have a non-partisan
provision. A non-partisan status such as the Constitutional
Convention is required to be is the only way you can get around
that.
MR. ISHIDA: Mr. Pulham, on the zero base
budgeting, one of the questions that has been coming up all the
time that zero base`. budgeting was raised is what effect, if
any, would that have on collective bargaining? Can those two
things be reconciled?`
MR. PULHAM: On the zero base budgeting? I don ' t
see why not. Because we simply start--to me--and as I admitted
earlier, I am not a whiz in the financial area either the state
or the county--but if you start from zero and you know you have
a fixed cost of collective bargaining, right, you know what
it is going to cost. So I don ' t see where this
- 23 -
MR. ISHIDA: I think the problem is many
people say under collective bargaining they really don ' t know
what the fixed cost is.
MR. PULHAM: I don ' t think that I am saying
or that anybody else is, that you are not going to have a
raise in the budget. That inflation is not going be--whether
it be wages or whatever--is not going to be a factor. It is.
What we are saying is that that particular department head
justifies that money he is spending from zero and not from--
f it cost him $100;000 last year he starts at a $100, 000 and
goes forward. This is the only thing. If he has ten positions
in his department then let him justify them. We know they are
going to cost more this year than they did last year.
MR. ISHIDA: The problem of the disabled
councilman, do you have any suggestions or plan as to what we
could use to determine when a councilman would meet that
standard whereby a temporary replacement would be appointed?
Or do we just leave it up to the disabled councilman. . .
MR. PULHAM: I can see what you are wrestling
with because you don ' t want to set a standard where you say
someone is able to say, arbitrarily, that someone is disabled.
I think that if you simply said as determined by two-thirds
majority of the remaining councilmen would make that deter-
mination. So ,tliat ,. -in other words, I 'm saying if they say
he has missed ten meetings in a row there has got to be something
wrong with him. You know, let ' s find, out.
MR. ISHIDA: Do you have any personal knowledge
.of any other charter in another county or state government that
has a provision like this?
MR. PULHAM: I do not.
MR. ISHIDA: When we come to elected Charter
Commissions, I think that one of the issues might be the
problem of costs. We would like to keep the costs in the
county down. Do you have any figure in mind as to what the
cost would be under your proposal? The additional cost to
the county if we do have an elected Charter Commission?
MR. PULHAM: I would have to say, I don ' t.
I think that you might be in a position to determine how many
meetings you feel it would take over this two year period of
time to adequately do the job and given a per diem of $30 or
$40 per day, whatever you think is adequate and come up with a
figure on that as the cost of it. But I don ' t see that as
being particularly prohibitive. It certainly would be less
costly than a special election which we talked about earlier.
It wouldnIt be nearly as much.
MR. ISHIDA: Another point. In the present
Honolulu Charter there is the provision for a creation of a
reapportionment commission that is supposed to meet in 1981 .
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It seems that with this Charter Review Commission one of the
major issues is reapportionment. Do you feel that instead
of having the Charter Review Commission take that issue that
we should have, possibly, a separate body solely for the
purpose of apportionment?
MR. PULHAM: I think that being that they
have already wrestled with it and being there is a state
reapportionment commission, if we use the representative
districts which will then be reapportioned under the one-man,
one-vote principal so that we meet that criteria, we would
really have no need for a county level reapportionment
commission, would we? -
MR. ISHIDA: I may be wrong but someone just
informed me, a couple of days ago, that the state constitution
provides, which I haven ' t confirmed, myself, is that the
reapportionment is to be based upon registered voters. Do
you know if- that is correct?
MR. PULHAM: No, the constitution does not
say that, I know that. The reapportionment commission has to
use the federal census. They are faced with a horrendous
task , really, of trying to sort it out and see just how many
people there are. But they have to draw from all these
particular sources but the primary one is the federal census
that is used. You would really get into trouble if you went
with the voter registration or the votes cast in the one-man ,
one-vote situation. You would be so far off. That might be
a more fair way to` do it. The people that actually participate
get counted and those who don 't--you might wake some of them
up.
MR. CADINHA: Mr. Pulham, have you given any
regard to the various commissions. . .the water commission in
its semi-autonomous state. . . .
MR. PULHAM: It would be my opinion that it
should not exist. There should be no one involved in regulating'
or in the spending of public moneys that is not accountable to
the people and that is exactly what you have. You have a group
that spends money that is not accountable to anybody because
once they are appointed they are, as you say, semi-autonomous.
They might as well be autonomous. No, they should come under
the mayor so that he can be held responsible for them and if
you want to put them under the council , that is fine. Ever-y_ono
should: come back to the people to be accounted_ for -one way or
the other.
CHAIRMAN SAKATA: Thank you, very much ,
Mr. Pulham.
We, have next , Elizabeth Stone to testify.
MS. STONE : I have two questions. First,
when is the deadline for comments on this charter? When is
the deadline for comments to be received on the charter?
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CHAIRMAN SAKATA: May 29th.
MS. STONE: How can you get a copy of this
charter? It is very difficult for a person to comment on
something when there is no copy available.
CHAIRMAN SAKATA: You can get those at the
County Office Building in the County Clerk ' s Office.
MS. STONE: Could I make a request for the
people who don ' t have cars, or money for food or gas, that
somehow you would get copies to the public libraries and
every public library as soon as possible by delivery or by
mail. . . ?
CHAIRMAN SAKATA: We do have them at the
public libraries.
MS. STONE: Are you salary paid or are you
just donating your time? 'Cause I get angrier at salary paid
by tax payers to people who make decisions incorrectly than
I do at those who are donating their time.
CHAIRMAN SAKATA: This commission is not
compensated, at all .
MS. STONE: Not compensated by taxes?
CHAIRMAN SAKATA: Just mileage and sometimes
we wonder if it is enough to cover the cost of gas, now.
MS. STONE : You ' ll have to excuse me. . .So
the deadline for comments for people to write is May 29th,
and we' ll need more than one, maybe a half dozen copies , I
don ' t know. At least more than one be made available at the
public libraries for the people. . . . .
And just based on my limited knowledge of
what I gathered from this here (copy charter) . . .I want to
agree with the people who ask for at-large, no, no at-large
representation.
Are these comments that were already made
on this charter? (Communications 40 & 41 with Agenda for the
day)
CHAIRMAN SAKATA: What is that?
MS. STONE : Itbsays, ah, well , it ' s April 17,
1979, that ' s today. Then inside thereis a April 10, 1979 ,
Chairman of the Charter Commission. . .are these comments that
have already been made? This is what I picked up, right here,
it ' s your agenda for today and then in the back it has
comments by United Public Workers and then there are. . .are
these comments that have already been made on your charter?
On our charter, I should say "ours" because we are all
supposed to have a voice in our government. . .
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I want to agree with the Kona Coast Chamber
of Commerce position what there be no councilmen elected at-
large and in that way we each can represent, each district can
represent, elect their own representative. . . .and a ceiling on
spending, I agree with that. . .and I agree with Mr. Anderson ' s
proposal on the special elections. .that there be no special
elections so that the elections can be included in the regular
election. . .and. . I should take no stand until I study it more.
I agree with Mr. Dahlberg, the need for many
public hearings and I wanted to ask about the board of water
supply being semi-autonomous. Does that mean that it is not
a part of the government or is it? By semi-autonomous , does
that mean that it is
CHAIRMAN SAKATA: You want an explanation on
that, the water supply and what semi-autonomous is?
MS. STONE: Could you explain that a little
better? Or is this not the place for that?
CHAIRMAN SAKATA: We will ask our legal counsel
to explain that to you.
ATTORNEY ODA: The department of water supply
as it is right now is semi-autonomous. That means that it is
still a part of the county government, however, it is not
fully under the control of the mayor' s office. In other words,
it has its own independent commission that makes decisions for
the water department and the mayor does not have the kind of
control over that department that he does with the other
departments in the county. But it is still a part of the
county government.
MS. STONE: I see. . .I just. . .I see thatthe
mayor wants to have the commission eliminated and he wanted
to be able to appoint. . .is that correct?" He wanted to be
able to have more control over the departments by appointing?
. . .abolishing the commission. . .is that correct?
ATTORNEY ODA: Are you referring to the
department heads?
MS. STONE : It says the mayor. . .on page 4of
this Charter Commission. . . it says that the mayor ;in his address
to .the Charter: Commission :propose d a- major revision-such as his
having direct control of certain departments and the abolishment
of commissions with the exception of the police commission and
the civil. e .!with the exception of the police commission. I
agree that. . .
CHAIRMAN SAKATA: That is the UPW statement
that you are reading from, aren ' t you? United Public Workers?
MS. STONE: Their statement that the mayor
has proposed that he have more control over the different
departments. . .over the different departments and abolishing
the commissions. . .I mean, I s 'pose you don ' t really understand
this proposal?
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r
MR. TRULSON: As I recall that proposal by the
mayor, he was stating that to run the county as a business where
the chairman of the board or the president of the corporation
would have the ability to choose who was going to run each de-
partment. I believe this is what you are referring to. That
was one of the alternatives that the mayor talked to us about
in one of his presentations. Instead of having commissions elect
people who will work under the mayor, that the mayor select his
own person who will work under him.
MS. STONE: I 'd like to agree with the mayor' s
proposal that the commission members and the department heads
either be voted in by people at election time at the same time
as the government officials are elected in or be appointed by
the government officials who are elected in. So that, as
Mr. Pulham said, if the time comes that it is very hard for a
mayor or a governor to say I am for agriculture or I am for
this or that and then have no power over all the people who
control the various areas. So I 'd like to agree with the
mayor' s proposal that the elected. . .either the commission
members be elected at the time of the election or appointed by
the people who are elected. . .so that. .like Floyd said. .at the
end of the year that for some reason there is a little bit of
a shady thing in the government. . .if somebody wants to come
back or even if within one year if the mayor is in office and
he is not fulfilling his duties and obligations and he is not
living up to his promises that he gave the people or the peo. .
that they can be impeached out of office. . .and he can ' t just say
well , it ' s not in my hands, I didn ' t vote those people in. . .
I have no control over those people and they' re the ones who
control that area. . .so I 'd like to. . .and even in. . .well, this
I 'm not sure of. . .but it seems likeif the board of water supply
then. . .it controls our water and the water is governed bythe
environment and that ' s our water supply. . .and of course on Oahu
there is no water left. . .but it seems like even the board of
water supply shouldn ' t be a private thing because the water
supply is for everybody. . .so I would also support that the
board of water supply be under the mayor. . .If I run for political
office. . .I don ' t know if I will. . .but I might. .and if I do, I
would have the proposal that we should give our campaign dollars
to the churches so they can be deducted from our taxes and then we
won 't be supporting governments that we have no voice in. . .and
if you happen to go to a church and support a church then you be
sure to put your voice in on an individual level. But that ' s
just my own little personal Thank you for the opportunity to
speak. . . 'course I don ' t know whether it ' s ever heard or not. . .
but. . .thank you.
ADJOURNMENT: There being no further business, the meeting
was adjourned at 9: 14 p.m. until Tuesday,
April 24, 1979 at Shipman Gym, Keaau. 15th
Session at 4: 30 p.m.--Public Hearing at 7 :00 p.m.
oan Carnett
RECORDING SECRETARY
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