HomeMy WebLinkAboutComm No 0012.04 - Testimony - April 1 Public HearingApril 1, 2019
To: Hawaii County Charter Commission
CA -1 Draft 3: Relating to Rephrasing District Residency Language
I see only one problem with this and that is that, no matter where else it is stated, this proposal should
include a clear definition of "resident".
CA -2 Draft 2: Relating to Holding an Equal Amount of Council Meetings in East and West Hawaii:
I agree.
CA -4 Draft 2: Relating to Powers. Duties and Functions of the Director of Research and Development:
I agree.
CA -5: Relating to Changing Name of the Legislative Auditor to County Auditor: What's in a name?
Names of Government agencies, departments and positions should accurately reflect their functions,
duties and responsibilities. One of the jobs of the auditor is to ensure that new State laws requiring
specific County action are addressed by the Council or Administration. Many things fall through the
cracks anyway, but if you remove the "legislative" word it will become arguable that that function is
also removed. If there is no change in function, there is no need to change the name. If there IS a
corresponding change, then it should be stated dearly so that voters will know what that change is.
CA -6: Relating to Disciplinary Actions for the Police Chief and Fire Chief: I agree.
CA -8: Relating to Terms of Office for Coundl Members: Previous attempts to return to 4 -year terms
have been rejected at the ballot box. The reason is that the voting public wants to make sure that if they
erred in their choice they will not be stuck with it for four whole years. An elected official can do a lot
of damage to a system in even two years (witness the current POTUS). We have had council persons
who were alcoholics, who threw temper tantrums and objects during council meetings, who bad a high
absentee rate and failed to attend most community meetings and events, and who refused to represent
their constituents by voting. I am ashamed to say that these examples were all from Puna. Fortunately,
we were not stuck with them for 4 -year terms.
I hear the argument that 2 -year terms force elected officials to spend too much time in fundraising and
campaigning, to the neglect of the performance of their duties. That may be true, but there is another
and better solution to that: publicly funded elections. The Charter Commission missed a great
opportunity to make a positive change by not considering that alternative in its deliberations.
I do not support the proposed change to 4 -year terms.
CA -9 Draft 3: Relating to Staff to Administer the PONC Fund and Maintenance Funds: I served on the
PONC and totally support the change of oversight responsibilities from Parks & Rec to Finance.
However, your wording must clarify that the additional staff Finance will need is just one dedicated
staff position. Limiting the current wording to "staff" can give rise to misinterpretation — it is too
vague and can be misconstrued.
CA -12: Relating to Disciplinary Actions for Council Members: I agree.
Comm. No. 12.4
CA -14: Relating to Updating Language for the Department of Research and Development: I went on
the County website and licked on this proposal. What came up had nothing to do with R&D — it was
about IT. So if the title is correct, then the Commission has not provided the public with the actual
proposal so that we can discuss and decide. And if the title is not correct, then the notice requirement
has not been fulfilled and additional meetings will have to be scheduled. Fix this.
CA -15: Relating to Powers. Duties and Functions of the Director of Information Technology: no
comment.
CA -17: Relating to Establishing a Disaster and Emergency Fund: There is no question that the County
should not be caught short in the future, and that we should be prepared. The proposed fund will limit
itself to covering the expenses of the County departments and agencies in dealing with emergency
situations. There is a big omission here: the impacted residents. The fund will use 1% of our tax
dollars, but there is no provision for using any of it to help the tax payers who may have no other
remedy. I will support this as a first step to establishing a fund, but feel very strongly that it needs to do
much more than what is proposed. You will need a chapter 2. Don't forget the funders.
An Issue that the Charter Commission Missed: The Commission has missed an opportunity to
address the failure of this and previous administrations to fill all boards and commissions. Some, like
the Arborist Advisory Committee have not been constituted for more than ten years — a violation of
State law. Administration should be required to fill all boards and commissions within six months, so
that the work of government can proceed. Perhaps we need a default rule, such as: if the mayor fails to
act to fill any board or commission within six months of taking office, then the respective council
person may fill the position so that his/her district is represented and so that the board or commission
may begin to meet. At present, until all 9 slots are filled, the board or commission will not be allowed
to meet, even if it has quorum (5). The administration can play political games with this issue to
support its own agenda. If you still have time, please look into this matter and search for a solution.
Mahalo.