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Last chance for Charter Commission input on Friday - Printable Version

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Last chance for Charter Commission input on Friday - Rob Tucker - 10-06-2009

The charter commission has been meeting for months and is just about to close their input period.

The last public meeting for the Charter Commission is October 9th at the Hilo Council Chambers at 6:00 pm

To read the entire text for proposed charter amendments click here:

http://co.hawaii.hi.us/council/2010_charter_commission/meetings.htm

Click on the Communication # on this page to read the text of the charter amendment

To read the existing charter click here:

http://www.hawaii-county.com/council/charter/charter.htm

Debbie Hecht

989-3222

Proposed charter amendments:

COUNCIL TERMS- Ad Hoc Committee Report- NOW- Council terms are 2 years.

Proposed CHARTER AMENDMENT- The charter commission is discussing changing council terms to be 4 years. If you decide to support 4-year terms, PLEASE SUPPORT THE RECALL AMENDMENT and IMPEACHMENT Amendments (will be proposed shortly). If council terms go to 4-years, this will be the only check and balance to recall or impeach a non-responsive elected official or someone who abuses their power. **See below for more information on 4-year terms.

Please consider supporting these amendments:

2% for the Land Fund- Communication #45- this WILL BE A NEW CHARTER AMENDMENT. Kauai, Maui and Oahu counties have set money aside in their charters to purchase land. This will take the land fund out of the yearly budget wrangling that we witnessed during this year’s budget session when 150 people testified to keep depositing approximately $4 million per year to the fund, but the council and Mayor didn’t listen. The existing ordinance will become part of the charter. This will enable funding to be available to acquire access to beaches and mountains, preserve culturally important land areas and sites, beaches, coastal area, agricultural lands, protect natural resources, significant habitat or eco-systems, water quality and water systems, including buffer zones. The best use of these funds is to attract matching funds, so our dollars go farther. Remember 63% voters voted for this measure in 2006. Proposed by Debbie Hecht

VACANCIES- Communication #46– This amendment is proposed so that the public has a “say” to fill vacancies.NOW- Vacancies on the council are filled by a majority vote of the counil; this strengthens the majority on the council. The Managing Director, who was appointed by the Mayor, fills a vacancy for the Mayor. The first deputy fills a vacancy for the prosecuting attorney. THE proposed CHARTER AMENDMENT- To fill vacancies for all elected positions, the person who received the 2nd most votes in the last election would serve or if they are unavailable and the term is less than 6 months the provisions would be the same as above. If longer than 6 months, there would be an election by mail. Proposed by Debbie Hecht

APPOINTMENTS TO BOARDS AND COMMISSIONS- Communication #47-

NOW-The Mayor appoints people and the council votes to approve or disapprove.PROPOSED CHARTER AMENDMENT- The council nominates the person for a commission; the Mayor does a background check, gives recommendations to the council and then the council votes on it. This gives each branch of government a “say” and allows the public to testify. Why is this necessary? In different administrations, Mayors have used these appointments as political payback. Good people are being passed over for appointments. Council members know best who is involved and engaged in the community in their districts. This amendment also provides that the each board or commission have a website and that the following information be posted: criteria for selection, biographies and the duties and powers of the commission. Proposed by Debbie Hecht

AMENDING THE CHARTER- Communication #51- NOW- The process and procedures are very ambiguous. THE PROPOSED CHARTER AMENDMENT- uses the same process as Article XI- Initiative and Referendum that was written by the League of Women Voters and approved by voters in 2008. Proposed by Debbie Hecht

LEGISLATIVE AUDITOR’S FUNDING- Communication 40: NEW PART FOR THIS JOB-NOW- the funding is provide in the yearly county budget. This year the Legislative Auditor’s budget was attempted to be cut drastically by the council. The office cannot operate independently if they are dependent upon the county council for funding.THE proposed CHARTER AMENDMENT- As done in many other states and counties- the funding for the office of the legislative auditor would be calculated as a percentage of the operations and special funds budgets (not CIP budget). This national effort to reduce political interference with the ability of the auditor to investigate fraud, abuse, lack of internal controls, mismanagement is the basis for a calculation of funding as a percentage from operational budgets. The actual money will come only from the general fund. Proposed by Council member Brenda Ford.

COUNCIL COMMITTEES- Communication 44: NOW- the council majority makes the council rules.The PROPOSED CHARTER AMENDMENT would require council standing committees, require that public notice, council filing and posting deadlines of agendas are set at 4:30 p.m. six days prior to the committee meeting. Committee chairpersons shall not be able to hold any matter for more than one meeting, and all nine council members shall be members and have voting privileges on the standing committees. Proposed by Council member Brenda Ford.

REDISTRICTING- Communication 43: from the Ad Hoc Committee Report- proposes- The section of reapportionment has been renamed redistricting; the 4 criteria have been made mandatory, the commission will start sooner – in the Census Year instead of the redistricting year, a final report with the justifications for the decisions of the commission is required. Proposed by Council member Brenda Ford.

**Comments on 4-year terms- When a new council member takes office it takes at least 6 months for them to understand how the county’s systems work. Then they have to run for election 6 months before the 2 years end, so that gives about a year for them to be effective. Term limits would be for two-4 year terms. IT WILL BE VERY IMPORTANT TO HAVE RECALL AND IMPEACHMENT TO CHECK AND BALANCE 4-YEAR TERMS

The charter states in Section 3.1- Powers and Functions (of the county council). The legislative powers of the county shall be vested in the county council. Its primary function shall be legislation and public policy formulation, as distinct and separate from the executive administration of county government.