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HomeMy WebLinkAboutCA-0020 - General Procedures & Protocols for the Charter CommissionPROPOSAL NO. CA -20 (For Commission Use Only) 2018-2020 HAWAII COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: ADAMS 2. If applicable, list the charter provision(s) to be deleted or amended: Amend Section 15-3. 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: The amendment adds the procedures to the County Charter that were largely followed by the 2009-2010 and 2018 Charter Commissions, but which are only found in Hawaii Revised Statutes (HRS) Chapter 50 and which are open to interpretation as to their applicability to the Commission's work. In addition, the amendment proposes to change the starting timeline for the Commission. The previous attempt to provide more time for the Commission to do its work was hindered by HRS requirements that the Commission provide a report to the County Council within a year of member appointments. This timeline is consistent with previous Commissions. 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). Chapter 50, HRS 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. Form CA -1 Revised 8/29/18 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 2 of 2 Hawaii County Charter Proposal --text Section 15-3. Mandatory Charter Reviews. The charter shall be reviewed in 1989 and every tenth year thereafter. Not later than the [first] fifteenth day of [July prior to] January of the charter review year, the mayor with the confirmation of the council, shall appoint a charter commission composed of eleven members to study and review the operation of the government of the county under this charter. Commission members[, - .. ' ,] shall be representative of the various geographical areas of Puna, Ka`u, Kona, Kohala, Hamakua, and Hilo. The council shall appropriate funds to enable the commission to carry out its duties, including the hiring of necessary staff. No later than fifteen days after its members have been appointed and confirmed, the charter commission shall hold its first meeting. The commission shall hold at least one public hearing in each of the geographical areas. The commission may propose amendments to the existing charter or a draft of a new charter [ . •- - - .. - ]. Within a year of its appointment, the commission shall submit a written report of its activities, findings and recommendations along with proposed amendments or a draft of a proposed charter to the council. Within thirty days after receipt of the commission's report and proposed amendments or draft of proposed charter, the council shall return the proposed amendments or proposed charter with any proposed alternatives. If no alternative is proposed by the council, the commission shall submit the proposed amendments or proposed charter to the county clerk within thirty days of receipt from the council. If any alternatives are proposed by the council, the commission shall accept or reject proposed alternatives and shall report any rejections to the council within thirty days of receipt of the alternatives from the council. The council may recall any alternative within ten days of rejection. When the time of recall for alternatives has lapsed, the commission shall submit to the clerk the draft of proposed amendments or of a proposed charter together with any proposed alternatives from the council which the commission did not incorporate into its draft. Upon receipt of the amendments or charter in the form as proposed by the commission, the county clerk shall provide for the submission of such amendments or charter, with any council alternatives, to the electors of the county at either a special election as determined by the commission or at the first general election following the charter review year. The commission shall prepare the language of the question to be submitted to the voters for each of the amendments it proposes. The commission shall publish not less than forty-five days before any election, at least once in at least two daily newspapers of general circulation within the county, as well as via an electronic medium, such as the Internet, a brief digest of the proposed amendments or charter with any council alternatives, and the purpose thereof and a notice to the electorate that copies of the proposed amendments or charter are available at the office of the county clerk. Members of the commission shall hold office until the day after the election at which the amendments or charter is ratified or rejected. If the majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter.