HomeMy WebLinkAboutComm No 0015.01 - Testimony - Art I - XVI - General Discussion - Proposed AmendmentsMargaret Wille
Attorney at Law
65-1316 Lihipali Road
Kamuela, Hawaii 96743
Tel: 808-854-6931
margaretwille@mac.com
December 14, 2018
To: Charter Commission
Fr: Margaret Wille, on behalf of myself
Testimony Re: Comm. 15 "Other proposals for the Commission to consider"
1. Amend Section 3-15. " General Plan" 2
2. Amend Section 3-17 "County Redistricting Commission" 3
3. Amend Chapter 6 "Department of Finance" 5
4. Amend Chapter 7 Sections 6-7.2 "Planning Director", 6-7.6 7
"Transitional Provisions", Section 6-7.2 "Leeward Planning
Commission" and Section 6-7.3 "Windward Planning Commission"
5. Amend Section 6-9.2. "Board of Appeals" 9
6. Amend Section 6 "Department of Environmental Management" 10
7. Amend Article IX " Prosecuting Attorney" 11
8. Amend Section 13-4 "Boards and Commissions" 12
9. Amend Section 13-20. "Records and Meetings Open to The Public" 14
10. Amend Section 14-5 "Board of Ethics" 15
11. Amend Article XVI "Transitional Provisions" Section 16-4 "Status 16
of Agencies and Transfer of Functions"
Comm. No. 15.1
1. AMEND Section 3-15. " General Plan" as follows:
The county council shall adopt by ordinance a general plan which shall set forth the council's
long range policy for the comprehensive physical, economic, environmental, and socio- cultural
wellbeing of the county.
(a) The general plan shall contain a statement of development objectives, standards and
principles with respect to the most desirable use of land within the county for residential,
recreational, agricultural, commercial, industrial and other purposes which shall be
consistent with proper conservation of natural resources and the preservation of our
natural beauty and historical sites; the most desirable density of population in the several
parts of the county; a system of principal thoroughfares, highways, streets, public access
to the shorelines, and other open spaces; the general locations, relocations and
improvement of public buildings, the general location and extent of public utilities and
terminals, whether publicly or privately owned, for water, sewers, light, power, transit,
and other purposes; the extent and location of public housing projects; adequate drainage
facilities and control; community and environmental health, air pollution; and such other
matter as may, in the council's judgment, be beneficial to the social, economic, and
governmental conditions and trends and shall be designed to assure the coordinated
development of the county and to promote the general welfare and prosperity of its people
consistent with the overarching policy of conservation of natural and cultural resources,
including with respect to coastal waters, for the benefit of both current and future
generations.
(b) The council shall enact zoning, subdivision, and such other ordinances which shall
contain the necessary provisions to carry out the purpose of the general plan.
(c) No public improvement or project, or subdivision or zoning ordinance, shall be initiated
or adopted unless the same conforms to and implements the general plan.
(d) Amendments to the general plan may be initiated by the council or the planning director.
(1979, Prop. 3; 2016, Ord. No. 16-62, sec. 1.)
Note:
This amendment is consistent with the County's pubic trust responsibility for conservation of the
County's natural and cultural resources, and provides authority for the general plan to address issues of
community health and environmental health. Prior to 2006 Supreme Court decision in Kelly v Oceansides
the County of Hawaii maintained it had no public trust duty to the land and to waters adjacent to the
shoreline, that such environmental concerns were the responsibility of the State. Kelly v. Oceanside held
the County has an affirmative public trust duties for the benefit of present and future generations.
See also the County's public trust mandate contained in Section 13-29: "Conservation of Natural and
Cultural Resources": "For the benefit of present and future generations, the county shall conserve and
protect Hawai'i's natural beauty and all natural and cultural resources, including but not limited to land,
water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall
promote the development and utilization of these resources in a manner consistent with their conservation
and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held
in trust by the county for the benefit of the people."
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2. Amend Section 3-17 "County Redistricting Commission" as follows:
(a) There shall be a county redistricting commission which shall establish the boundaries of the
council districts.
(b) The initial redistricting commission shall consist of seven members, two of whom shall be
residents of the combined judicial districts of North and South Hilo, one from the judicial
district of Puna, one from the judicial district of Ka'u, one from the combined judicial
districts of North and South Kona, one from the combined judicial districts of North and
South Kohala, and one from the judicial district of Hamakua. The members shall be
appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-
4.
(c) Each subsequent redistricting commission shall consist of nine members. One member shall
be a resident of each council district as established by the previous redistricting commission.
The members shall be appointed by the mayor and confirmed by the council in the manner
prescribed in Section 13-4.
(d) The year 1991 and every tenth year thereafter shall be redistricting years. The redistricting
commission shall be appointed and confirmed by July 1 of the year immediately preceding
the redistricting year, and shall file a redistricting plan with the county clerk by December 31
of the redistricting year. A report shall be filed with the redistricting plan providing an
explanation of the commission's reasoning for the plan and how the plan complies with the
criteria provided in subsection (g). The redistricting commission shall be dissolved after the
filing of the redistricting plan.
(e) Prior to completing a draft of the redistricting plan, the commission shall hold at least one public
hearing in each of the nine council districts East Hawaii and in West Hawaii. Upon completion
of a draft redistricting plan, the commission shall hold at least one public hearing in cast Hawai`i
and one in west Hawai`i. each of the nine council districts.
(f) The county clerk shall furnish all necessary technical and secretarial services for the
redistricting commission. The council shall appropriate necessary funds to enable the
commission to carry out its duties.
(g) The redistricting commission shall adhere to the following criteria in establishing the boundaries
of the council districts:
(1) No district shall be drawn to unduly favor or penalize a person orpolitical faction;
(2) Insofar as possible, districts should be contiguous and compact;
(3) District lines shall, where possible, follow permanent and easily recognizable
features;
(4) Districts shall have approximately equal resident populations as required by
applicable constitutional provisions.
(h) If at the final meeting of the Commission, in the event there is an objection by any
Commissioner or by any person who testified as a resident of the County or on behalf of a resident or
entity with a place of business in the County of Hawaii, that the Commission's proposed final district
map is drawn in a manner to favor or penalize a particular person, political faction, or current
council member, the commission shall schedule an additional meeting to address the objection with
notice to the public at least 7 days in advance of the meeting. In the event the Commission
determines that a district boundary is designed to favor or penalize a particular person, political
faction, or current council member, that district boundary shall be adjusted to avoid favoring or
penalizing the person or a faction.
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Note:
Re Meeting schedule: There is little input initially from the public to the Redistricting
Commission — since very complex; however once there are options presented the public is able
and interested in weighing in on the alternative. Reverse the concentration of meetings from
limited initially to expansive prior to finalization of the redistricting plan.
Re Allowing objection in event of the Commission favors one or more current council members
or factions: The public should be allowed to weigh in on any action at the 11th hour deliberately
undertaken to modify the final plan to favor a particular council member or person.
That is what happened at the last redistricting meeting... when a boundary line was jiggled
around to favor Councilmembers Dennis Onishi and J Yoshimoto... so that they would not have
to run against each other. The change was suggested at the end of the last commission meeting
to finalize the map and there was no allowance for public testimony thereafter.
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3. Amend Chapter 6 "Department of Finance" AND delete Chapter 2 "Cost of Government
Commission" as follows:
Add "Declaration of Policy" (Section 6.6.2?)
It is declared to be the policy of the county to promote economy, efficiency and improved service in
the transaction of the public business in the legislative and executive branches of the county.
a) The County shall implement this policy by:
1. Limiting expenditures to the lowest amount consistent with the efficient performance of
essential services, activities, and functions, while balancing that objective against the objective of
securing sufficient revenue for programs that are aimed to reduce long-term expenditures.
2. Eliminating duplication and overlapping of services, activities, and functions.
3. Consolidating services, activities, and functions of a similar nature.
4. Abolishing services, activities, and functions not necessary to the efficient conduct of
government.
b) At least every two years, the County shall contract with an entity that is regularly and customarily
engaged in advising government entities as to how to best implement its fiscal policies both on a
short-term and long-term basis, and which allows the consulting entity to advise the Department, as
well as members of the County Council with respect to review of proposed budget policies and
programs.
AND DELETE CHAPTER 2 "Cost of Government Commission (Modified version of this
function moved to Dept of Finance as shown above)
COST OF COVERNMENT COMMISSION
It is dcclarcd to bc thc policy of thc county to promotc cconomy, cfficicncy and improvcd
scrvicc in thc transaction of thc public busincss in thc lcgislativc and cxccutivc branchcs of the
county by:
(a) Limiting cxpcnditurcs to thc lowest amount consistcnt with thc cfficicnt
performancc of csscntial scrviccs, activitics, and functions.
(b) Eliminating duplication and ovcrlapping of scrviccs, activitics, and functions.
(c) Consolidating scrviccs, activitics, and functions of a similar naturc.
(d) Abolishing scrviccs, activitics, and functions not ncccssary to thc cfficicnt
conduct of govcrnmcnt.
(2000, Prop. 11, sec. 1; 2010, Prop. 7, sec. 10 and Prop. 9, sec. 3.)
For thc purposc of carrying out thc policy sct forth hcrcin thc mayor with thc approval of
thc council shall appoint a cost of govcrnmcnt commission consisting of ninc mcmbcrs. One
mcmbcr shall bc a rcsidcnt of cach council district. Thc managing dircctor shall bc an cx officio
mcmbcr of thc commission. Thc officc of thc mayor shall providc administrativc and cicrical
scrviccs to thc commission.
Each commission shall:
(a) Prcparc and submit to thc mayor a rcqucst for an appropriation for thc operation
of thc commission.
(b) Study and invcstigatc thc organizations and mcthods of operations of all
dcpartmcnts, commissions, boards, officcs and othcr instrumcntalitics of all
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branches of the county government and determine what changes, if any, may be
desirable to accomplish the policy sct forth hcrcin.
(c) Be authorized to secure directly from any department, commission, board, office or
any other instrumentalities of all branches of the county government or from any
individual officer or employee of the county, information, suggestions, estimates, and
statistics necessary to carry out its duties.
(d) Submit a report of its findings and recommendations to the mayor, managing director
and council not later than eleven months after its appointment.
(2000, Prop. 11, sec. 1; 2010, Prop. 7, sec. 11 and Prop. 9, sec. 3.)
The commission members shall be appointed to terms starting one year after the beginning
of the term of the mayor, and lasting eleven months.
(2000, Prop. 11, sec. 1; 2010, Prop. 9, sec. 3.)
Note:
Note: Need to amend in order to incorporate a more long-term view of the Department's role and
responsibilities (more farsighted rather than short-term (shortsighted) view of financial policy. At
times the best choice is to spend more in short term in order to save far more in the long-term.
Include these provisions in the Department of Finance and eliminate the Cost of Government
Commission's parallel provisions.
There should be an outside consultant with experience in assessing the cost value of programs
including long-term benefits and costs. Eliminate the "Cost of Government Commission" as not
worth the cost compared to the limited value of its evaluations.
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4. Amend Chapter 7 Sections 6-7.2 "Planning Director", 6-7.6 "Transitional Provisions",
Section 6-7.2 "Leeward Planning Commission and Section 6-7.3 "Windward Planning
Commission"
Amend Chapter 7 Section 6-7.2 "Planning Director", as follows:
(a) The planning director shall be appointed by the mayor, confirmed by the council and may be removed by
the mayor. The planning director shall have had a minimum of five years of training and experience in a
responsible planning position, or a degree in planning, engineering, architecture, geography, or another
planning -related field and three years of experience in a responsible planning position. No less than three
years of experience shall have been in an administrative capacity.
(b) The director shall be the chief planning officer of the county and the administrative head of the
department and shall:
(1) Advise the mayor, the windward planning commission, the leeward planning commission and the council
on all planning and land use matters.
(2) Prepare a general plan, implementation plans and any amendments thereto in accordance with Section 3-
15, in collaboration with the community development planning committees.
(3) Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments
thereto.
(4) Review the lists of proposed capital improvements contemplated by departments and agencies of the
county and by the community development planning committees, and based upon those
recommendations, recommend the order of their priority.
(5) Administer the subdivision and zoning ordinances and regulations adopted thereunder.
(6) Render decisions on proposed subdivision plans pursuant to law.
(7) Make recommendations on rezoning applications, special exceptions and other similar requests.
(8) Render decisions on proposed variances pursuant to law, except that, if any written objections are made to
the planning director's actions under this section, said actions shall be subject to review by the board of
appeals in accordance with Section 6-9.2, unless otherwise provided by law or this charter.
(9) Perform such other related duties and functions as may be necessary or required pursuant to law and this
charter.
Note:
Memorialize the key roles of the Community Development Planning Committees in the Charter.... Otherwise
their institution is but a sham.
Amend Section 6-7.6. "Transitional Provisions" as follows:
(a) The existing planning commission shall remain in effect and continue to hear and decide matters pursuant
to Section 6 7.3, Hawai'i County Charter (2000), until April 1, 2009, the date upon which the windward
planning commission and the lccward planning commission becomes effective. Matters pending before
the existing planning commission that are not finally decided by April 1, 2009, will be transferred to the
windward or lccward planning commissions, as appropriate to be finalized.
(b) Members of the existing planning commission whose terms will not have expired on April 1, 2009, shall
hold over and continue to serve the remainder of their respective terms on the windward and the lccward
planning commissions, duly assigned according to their respective residence address.
4e If there shall exist vacancies on either the windward planning commission or the leeward planning
commission not filled by term hold over, the mayor shall appoint the remaining members of the windward
planning commission and the leeward planning commission in accordance with Section 13-4, Hawai'i
County Charter (2000).
Note: Remove outdated transitional provisions.
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Amend Section 6-7.3. "Windward Planning Commission"
(a) There is established a windward planning commission that shall have jurisdiction over the
area consisting of the judicial districts of Puna, South Hilo, North Hilo, Hamakua, and Ka`u.
(b) There shall be seven members on this commission. The commission shall include one
member from each of the judicial districts of Puna, South Hilo, North Hilo/Hamakua
combined, and Ka`u and three "at -large" members selected from these districts. Not more
than two members, appointed from any one judicial district, shall serve on the windward
planning commission.
(c) The members shall be appointed by the mayor and confirmed by the council in the manner
prescribed in Section 13-4. Each member representing a district shall be a legal resident and
registered voter of that district. In addition, the director of public works and the manager of
the department of water supply, or their designated representatives, shall serve as ex -officio
members of the windward planning commission, without power to vote.
(d) Preference shall be given to appointment of members who provide a diverse
representation of interests and backgrounds: socio -cultural, environmental, and
economic.
Section 6-7.4 "Leeward Planning Commission"
(a) There is established a leeward planning commission that shall have jurisdiction over the
area consisting of the judicial districts of North Kohala, South Kohala, North Kona, and
South Kona.
(b) There shall be seven members on this commission. The commission shall include one
member from each of the judicial districts of North Kohala, South Kohala, North Kona and
South Kona and three "at -large" members selected from these districts. Not more than two
members, appointed from any one judicial district, shall serve on the leeward planning
commission.
(c) The members shall be appointed by the mayor and confirmed by the council in the manner
prescribed in Section 13-4. Each member representing a district shall be a legal resident and
registered voter of that district. In addition, the director of public works and the manager of
the department of water supply, or their designated representatives, shall serve as ex -officio
members of the leeward planning commission, without power to vote.
(d) Preference shall be given to appointment of members who provide a diverse
representation of interests and backgrounds: socio -cultural, environmental, and
economic.
Note: Appointment of members with diverse backgrounds (socio -cultural, environmental, and
economic). In the past when there were mostly appointees with economic backgrounds (business,
developers, realtors, landowners), the point was made there is nothing in the charter indicating any
preference for diversity of interests.
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5. Amend Section 6-9.2. "Board of Appeals" as follows:
The board of appeals shall consist of seven members who shall be appointed by the mayor
and confirmed by the council in the manner prescribed in Section 13-4. Each member shall be a legal
resident and a registered voter of the county. Board membership shall be representative of the
community.,
. The board of appeals shall establish its rules of procedure and shall:
Hear and determine appeals from final decisions of the planning director or the
director of public works regarding matters within their respective jurisdictions.
Conduct hearings in accordance with Chapter 91, Hawai'i Revised Statutes, and this
charter.
Be part of the planning department for administrative purposes, and said department
shall provide necessary clerical and other assistance.
Note: Avoid conflicts of interest that are present when those who are involved in development are on the
Planning Commissions and or on the Board of Appeals.
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6. Amend Section 6 "Department of Environmental Management" as follows:
Section 6-10.2. Statement of Policy.
The department of environmental management is established to protect, preserve, and
enhance our environment by promoting the wise management of our waste and the protection and
management of our natural resources.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 27.)
Section 6-10.3. Director.
The director of environmental management shall be appointed by the mayor, confirmed by
the council, and may be removed by the mayor. The director shall have had a minimum of five years
of administrative experience in a related field and an engineering degree or a degree in a related
field.
(2000, Prop. 4, sec. 1; 2010, Prop. 7, sec. 28 and Prop. 12, sec. 1.)
Section 6-10.4. Powers, Duties and Functions.
The department of environmental management shall manage the solid waste, wastewater, and
recycling programs of the county, and exercise other functions as prescribed by the mayor or
prescribed by ordinance.
(2000, Prop. 4, sec. 1; 2010, Prop. 11, sec. 1.)
Section 6-10.5. Environmental Management Commission.
There shall be an environmental management commission consisting of nine members who
shall be appointed by the mayor and confirmed by the council. One member shall be a resident of
each council district. The terms of the members shall be as prescribed in Section 13-4. The
environmental management commission shall advise the department on ways to waste reduction
strategies, recycling, litter control, community involvement, and matters relating to the protection
and conservation of our natural resources, and other issues related to the functions of the
department, and shall exercise any other powers related to the functions of the department that may
be delegated to it by ordinance.
The Department of Environmental Management needs to have authority to care for the environment and carry
out waste management policies consistent with policies of protecting and conserving the natural environment
consistent with the County's trust responsibilities for its natural resources.
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7. Amend Article IX " Prosecuting Attorney" as follows:
Amend Section 9-1. "Election and Term of Office" (for Prosecuting Attorney) as follows:
The prosecuting attorney shall be elected for a term of four years, which term shall commence at
twelve o'clock meridian on the first Monday of December following the election. The prosecuting
attorney shall be elected for a term of four years, which term shall commence at twelve o'clock meridian on
the first Monday of December following the election. The prosecuting attorney may be elected for no
more than four (or three?) consecutive terms.
Note: There should be some term limitation to holding the office of prosecuting attorney.
Amend Section 9-3. " Powers, Duties andFunctions" as follows:
(a) The prosecuting attorney shall:
(1) Attend all courts in the county and conduct on behalf of the people all prosecutions therein for offenses
against the laws of the State and the ordinances and regulations of the county.
(2) Prosecute offenses against the laws of the State under the authority of the attorney general of the State.
(3) Appear in every criminal case where there is a change of venue from the courts in the county and
prosecute the same in any jurisdiction to which the same is changed or removed. The expense of such
proceeding shall be paid by the county.
(4) Institute proceedings, or direct the chief of police to do so, before the district judges for the arrest of
persons charged with or reasonably suspected of public offenses, when the prosecuting attorney has
information that any such offenses have been committed, and for that purpose take charge of criminal
cases before the district judges, either in person or by a deputy or by such other prosecuting officer as the
prosecuting attorney shall designate.
(5) Draw all indictments and attend before and give advice to the grand jury whenever cases are presented to
it for its consideration. Nothing herein contained shall prevent the conduct of proceedings by private
counsel before district judges or courts ofrecord under the direction of the prosecuting attorney.
(6) Investigate all matters which may properly come before the prosecuting attorney.
(b) The prosecuting attorney may:
(1) Research, evaluate, and make recommendations regarding crime, crime prevention, and the criminal
justice system to the governor, the legislature, the judiciary, the council, the mayor, the Hawai 'i police
department and other criminal justice agencies, or the general public, as the prosecuting attorney deems
appropriate.
(2) Provide crime prevention training programs for law enforcement agencies, citizens, businesses, and civic
groups.
(3) Develop public education programs through various broadcast or print media, to provide the general
public information that will assist citizens in developing the knowledge and confidence to prevent crime
and to avoid being victims ofcrime.
(4) Receive and expend financial grants, donations and other funds as permitted by the provisions of the
revised charter, county ordinances and applicable county, state, and federal financial and budget policies
for crime research, prevention, and education.
(5) Establish one or more ombudsman offices for vulnerable populations including for low-income elderly
and youth at risk, and matters relating to domestic violence. The head of any ombudsman office shall be
a paid staff person with relevant experience but is not required to be an attorney. The ombudsman office
may also include community volunteers who have significant experience and or education and or
experience related to issues such a domestic abuse, elder abuse, drug usage, and homelessness.
Note: An ombudsman type grant program that addressed low income elderly housing was extremely successful
and would address many issues of our vulnerable populations that are not currently being addressed
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8. Amend Section 13-4 "Boards and Commissions" as follows:
Except as otherwise provided in this charter, all boards and commissions specifically
established by this charter shall be governed by the following provisions:
(a) The members shall serve staggered terms of five years. Upon the initial appointment
of the members of a commission consisting of five members, one shall be appointed
for a term of one year, one for a term of two years, one for a term of three years, one
for a term of four years, and one for a term of five years. Upon the initial
appointment of the members of a commission consisting of seven members, one shall
be appointed for a term of one year, one for a term of two years, two for a term of
three years, two for a term of four years, and one for a term of five years. Upon the
initial appointment of a commission consisting of nine members, one shall be
appointed to a term of one year, two for a term of two years, two for a term of three
years, two for a term of four years, and two for a term of five years.
(b) The members shall be appointed by the mayor, and confirmed by the council, and
may be removed upon recommendation by the mayor and the approval of the council.
(c) No member shall be eligible for a second appointment to the same board or
commission prior to the expiration of two years, however, members of any board or
commission appointed for a term of two years or less shall be eligible to succeed
themselves for an additional full term.
(d) No member whose term has expired shall continue to serve on such board or
commission, except that if no successor has been appointed and confirmed, the
member shall continue to serve until a successor is appointed and
confirmed, whichcvcr firs+
(e) Any vacancy occurring in any board or commission shall be filled for the unexpired
term. Existing vacancies shall be filled prior to replacing any member whose term
has expired but is willing to continue serving until the existing vacancies are filled.
(f) Not more than a bare majority of the members shall belong to the same political
party.
(g) Members shall receive no compensation but shall be reimbursed for necessary
expenses incurred in the performance of their duties. Necessary expenses may be
paid in advance as per diem allowance which shall be established by ordinance.
Members of boards and commissions who do not receive compensation from their
employers during the time they are serving on boards and commissions may be
reimbursed by the county for actual work hours lost at
the state minimum wage hour rate.
(h) A chairperson shall be elected from its membership annually.
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(i) The affirmative vote of a majority of the entire membership to which a board or
commission is entitled shall be necessary to make any action valid; except that in the
case of a board or commission which has only advisory functions, the affirmative
vote of a majority of those present shall be sufficient to make any action valid.
(j) Each board and commission shall have the power to establish its rules of
procedure necessary for the conduct of its business, which rules shall contain the time
and place of all regular meetings, and which shall specify that a quorum shall be a
majority of the members to which the board or commission is entitled.
(k) Notwithstanding any other provision in this charter, Except as otherwise expressly
provided in this Charter, no person shall, by reason of occupation alone, be barred from
serving as a member of any board or commission.
(1) The council shall act to confirm or reject any appointment made to a board or
commission by the mayor within forty-five days after receiving notice of the
appointment from the mayor. If the council does not confirm or reject any such
appointment within forty-five days, the appointee shall be deemed to have been
confirmed.
(m) The redrawing of council district boundaries during a commission member's term shall
not affect a member's eligibility to represent the district to which the member was
appointed.
Note:
Revison of subsections (d) and (e) needed to prevent lack of quorum — which has unnecessary occurred on a
number of commissions and boards, including on the Community Development Planning Committees.
Revision of subsection (g): all commission members should be paid at the same rate — minimum wage plus out
of pocket expenses.
Revision of subsection (k): Make clarification to provide for express provisions in the Charter that exclude
persons based on previous employment. For example exclude former police officers from being appointed to
the Police Commission.
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9. Amend Section 13-20. "Records and Meetings Open to The Public" as follows:
(a) All books, minutes and records of every agency of the county shall be open to the inspection
of any person at any time during business hours, except as otherwise provided by law.
Certified copies or extracts from such books and records shall be given by the officer who
has custody of same to any person requesting such copies and extracts and paying or
tendering a reasonable fee to be fixed by the council.
(b) All meetings of the council, boards and commissions shall be held in the council meeting
room or other public places and no such bodies shall take any official action except at a
meeting open to the public. Where personal matters affecting the privacy of an individual are
to be considered, the council, board or commission may, at the request of the individual
involved, consider such matters in closed session; however, any official action resulting
therefrom shall be acted upon in an open meeting. Questions concerning whether an
employee has a conflict of interest shall not be deemed to be a personal matter. Boards
and commissions that are empowered to give examinations to determine the capabilities of
individuals shall be excepted from the provisions of this section when technical examinations
and questionnaires are being drafted by such bodies.
The term "official action" as used in this section means a collective decision made by a
majority of the members of the council, board or commission, or an actual vote by a majority
of the members of the council, board or commission, when sitting as a body or an entity,
upon any matter before the council, board or commission.
(c) The council, board or commission shall provide notice of any regular, special, rescheduled or
emergency meeting according to the provisions of the Hawai'i Revised Statutes.
(d) Business conducted by the council, board or commission during a meeting which does not
conform to the provisions of this section shall be null and void.
(e) News gatherer's sources, privileged. No legislative or administrative body, or any other
county body having the power to issue subpoenas shall adjudge in contempt any publisher,
editor, or reporter, who is or was connected with or employed by a newspaper, press
association, wire service, or a radio or television station, for refusing to disclose, in any
county action, hearing, investigation, inquest, or inquiry, the source of any information
procured while connected or employed by the newspaper, press association, wire service, or
station for publication in a newspaper or for news or news commentary purposes on radio or
television.
Note:
Matters concerning possible conflicts of interest are a matter of public concern and should not be
considered in behind closed door (secret) meetings.
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10. Amend Section 14-5 "Board of Ethics" as follows:
There shall be a board of ethics appointed by the mayor with the approval of the council. It
shall consist of fire seven members who shall be residents of the county. New members shall be
selected so that there will be one member from each geographical areas of Puna, Ka`u, Kona,
Kohala, Hamakua, and Hilo and one at large. Each shall serve for a term of five years. Upon the
initial appointment of members pursuant to this charter, one shall be appointed for a term of one year,
one for a term of two years, one for a term of three years, one for a term of four years and one for a
term of five years. The board shall establish its rules of procedure. Without limitation of its functions,
the board shall:
(a) Interpret the code of ethics for both county officials and the public and on its own
may initiate and render opinions with respect thereto.
(b) Render advisory opinions to county officers and employees with respect to the code
of ethics pursuant to written requests by officers and employees.
(c) Receive and initiate complaints of violations of the code of ethics and shall transmit such
complaints to the council ef-and to any other the appropriate appointing authority; along
with any pertinent advisory opinions thereto, including any proposed penalty or other
remedies.
(d) Hold hearings or conduct investigations concerning application of the code of ethics
and make public such violations of the code that come to its attention.
(e) Publish advisory opinions with such deletions as may be necessary to prevent
disclosure of identity of persons involved where such opinions are rendered pursuant
to subsection (b) above.
(f) Propose revisions to the code of ethics where not inconsistent with this charter.
Section 14-6. Penalties.
The failure to comply with the provisions of Sections 14-2 to 14-4, inclusive, shall constitute
a cause for suspension, removal from office or employment, or such other penalty as the council may
prescribe by ordinance. Nothing herein shall preclude any other remedy available against the officer
or employee of the county as provided by law.
(2010, Prop. 7, sec. 65.)
Note:
Revise composition to 7 rather than five members. Too often there is a lack of quorum with only five members.
Revise the Boards function to allow it to recommend penalties or other remedies.
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11. Amend Article XVI "Transitional Provisions" Section 16-4 "Status of Agencies and Transfer
of Functions" as follows:
When this charter takes full effect:
(a) All offices, departments, boards and commissions, the status of which are not
specifically changed or abolished by this charter, are hereby recognized, continued
and established and shall have such powers, duties and functions as provided by law
or ordinance. Members of the various boards and commissions, excluding the Hawai'i
redevelopment agency, holding office at the effective date of this charter shall
continue in office unless they resign or until their terms of office shall expire, at
which time new members shall be appointed in accordance with this charter.
(c) Each county civil service employee affected by the status of agencies and transfer of
functions under this charter shall be assigned to other agencies or executive agencies
in the county without any loss in pay, provided the employee had held the position
for at least one year prior to the full effective date of this charter. When an
employee's position which has been so affected becomes vacant, that position shall
stand abolished unless the position is permanently created in the table of organization
of the agency or executive agency concerned.
Section 16-12. Boards and Commissions with District Residency Requirements.
Any commission member serving at the time of the adoption of the council district residency
requirement in the year 2000 2018 may serve the remainder of the term, regardless of residency. Any
vacancy must be filled by a resident of a council district not represented on the commission.
Note:
Update transitional provision
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