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+--- Thread: Charter Commission meets on Nov. 6th (/showthread.php?tid=6391)
Charter Commission meets on Nov. 6th - Rob Tucker - 11-02-2009
The Charter Commission is considering a number of amendments to the County Charter. This is important and serious stuff.
Here is a link to proposals under discussion and vote on 11/6:
http://co.hawaii.hi.us/council/2010_charter_commission/meetings.htm
some highlights...
CA-15 2% Land Fund
CA-17 Reapportionment to Redistricting
CA-18 Four Year Council Terms
CA-24 Boards and Commissions
CA-25 CDP Amendments
CA-27 Vacancies in Office
CA-29 Prosecuting Attorney Powers
CA-32 Special Counsel
CA-34 Budgetary Independence of the Legislative Auditor
CA-35 Recall
I can also refer you to Margaret Wille's web site with good insight and commentary.
http://www.margaretwille.com/home/?q=node/336
11/6 Charter Comm: Asks If You Want a More Open Government, Recognition of County's Public Trust Responsibility, Energy& Ag Dept
RE: Charter Commission meets on Nov. 6th - JerryCarr - 11-02-2009
Am I correct in assuming that any revisions will be presented individually to the voters in the next election for final approval? Does the Council have the authority to block (or put forward) revisions approved (or rejected) by the Commission?
RE: Charter Commission meets on Nov. 6th - Bob Orts - 11-02-2009
From my reading, it appears each proposed change will be voted upon individually.
The Council can not tell the Committee what proposals to put forth and which to withhold. However, what goes on in backroom discussion with Committee members is something that would have to be investigated.
The Council, just like any individual citizen, can put forward their own revisions or alternate proposals for voter approval providing they follow the requirements of the charter.
RE: Charter Commission meets on Nov. 6th - JerryCarr - 11-02-2009
Thank you, Bob, for your research and posting.
RE: Charter Commission meets on Nov. 6th - Rob Tucker - 11-02-2009
Friends of Puna's Future is supporting a number of Charter amendments.
For example:
CA- 15 2% Land Preservation Fund - add it to the Charter and remove it from Council.
CA-18 Four Year Council Terms - In favor only if the Charter language for Recall is loosened to make council members more accountable to the public. CoH currently has the most restrictive recall requirements.
CA-19 Office of Council Services - The council should have separate legal advice than then admin.
CA - 22 Filing of Council Agenda - The close of business should be the cut off time for filing agendas and making them public.
CA- 23 Electronic Notice - Posting on CoH web site in a timely manner as well as posting on an archaic bulletin board.
CA - 25 Community Development Plans and Action Committees embedded in the charter.
CA - 35 Recall of Elected officials. Current requirement is for signatures on petitions of 25% of registered voters - an almost impossible task. Often 25% of registered voters don;t bother to vote. We support 25% of voters in the last election and note that a public signature is very different than a secret ballot.
and others.
RE: Charter Commission meets on Nov. 6th - JerryCarr - 11-02-2009
I would call attention to CA-34 Budgetary Independence of the Legislative Auditor. Here in the land of toothless Sunshine Laws and sometimes timid Ethics Commissions, we need every conceivable watchdog working at full strength. The Legislative Auditor needs every reasonable measure of independence, and financial independence is key.
RE: Charter Commission meets on Nov. 6th - Rob Tucker - 11-02-2009
Attention noticed. We believe the Charter Commission is doing some good and important work.
It will be interesting to see the Council's reaction.
RE: Charter Commission meets on Nov. 6th - Rob Tucker - 11-02-2009
I add this at the request of Debbie HEcht:
Please forward to Big Island Family and friends and your organizations: READ THE SUMMARIES BELOW AND SEND AN EMAIL
Aloha concerned citizens-
URGENT-The charter commission meets once every 10 years, has been meeting for months and is just about to close their input period. It is very important that you make your voice heard by sending an email or testifying to the charter commissioners or many of these amendments will not be approved:
The meeting for the Charter Commission is November 6th at the Hilo Council Chambers at
1:30 pm you can testify in Hilo,Waimea or Kona.
For full PDF files of all amendment language go to:
http://co.hawaii.hi.us/council/2010_charter_commission/meetings.htm
Click on the Communication # or the CA number on the charter commission page to read the text and explanation of the charter amendment
To read the existing charter click here:
http://www.hawaii-county.com/council/charter/charter.htm
Proposed charter amendments:
COUNCIL TERMS- CA 18-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 (communication #80) and IMPEACHMENT. 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 SUPPORT these amendments:
Recall- CA 35-RECALL and Communication 80-The goal of having an easy to follow recall charter article is to provide accountability for our elected officials, especially in case an elected official who is not representing their constituents or is non-responsive. Recall will be especially important if council terms go to 4-years. The existing charter section makes it much too difficult to recall an elected official. This amendment gives the rules and procedures to recall an elected official. The two changes that were made in CA7 on Recall call for 25% of voters that voted in the last election, that sign the recall petition have valid signatures and says how signatures will be validated. CA 7 does not go far enough. For example all signatures must be collected within 30 days. This is nearly impossible, especially in the case of an island wide recall for the Mayor or Prosecuting attorney. This new charter amendment on Recall which is in addition to CA 35 RECALL (as proposed in communication #80- http://www.co.hawaii.hi.us/council/2010_charter_commission/pdf/COMM80.pdf) goes much farther to: provide for the petitioners' committee, how they design a petition with the clerk, defines proper notice, defines how to collect and validate signatures, provides for the ballot language and for a vote by mail election. This new section also provides how to fill vacancies and is the same as the charter amendment proposed below on vacancies.
2% for the Land Fund- CA 15- 2%Land Fund and 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-- CA 27-VACANCIES 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 council; 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-CA 24- Boards and Commissions NOW- The Mayor appoints people and the council votes to approve or disapprove. This skews the balance of power towards the Executive branch of county government. 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- CA 16-Charter Amendment or revision 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 and CA 14- Legislative Auditor: 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, CA 20- Council Standing Committees: 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, CA 17- Reapportionment to Redistricting: 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.
Note: Margaret Wille has proposed several important amendments go to www.margaretwille.com for more information.
SAMPLE EMAIL- YOU CAN CUT AND PASTE THIS AND SEND TO THE Charter Commission SECRETARY:
Karen Eoff- "Karen Eoff" <KEOFF@co.hawaii.hi.us>,
CUT AND PASTE THIS EMAIL OR CREATE YOUR OWN
***********************************************************************************************************
ALOHA COMMISSION CHAIRMAN Edmund Haitsuka and COMMISSION MEMBERS David Fuertes, Daphne Honma, Casey Jarman, Guy Kaulukukui, Jamae Kawauchi, Joseph Kealoha, Alapaki Nahale-A, Susie Osborne, Todd Shumway and Scott Unger
Thank you for serving on this very important commission to update our Hawaii County Charter. Please consider the following amendments when making your decisions on how to update our county charter:
I have CHECKED the following AMENDMENTS TO show my SUPPORT:
__4-YEAR COUNCIL TERMS: I do NOT support
__ 4-Year COUNCIL TERMS- I DO support
__ 4-Year COUNCIL TERMS- I DO support ONLY if the RECALL amendment proceeds concurrently.
______I SUPPORT RECALL - we need to provide more accountability for our elected officials by making the recall procedure easy to understand by citizens. It provides for the petitions, the amount of signatures and signature verification.
__ I SUPPORT 2% FOR THE LAND FUND- other counties have this funding set aside as part of their charter so citizens can count on funds being 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. This would remove this funding from yearly budget wrangling and have the funds available to attract matching funds.
__I SUPPORT VACANCIES- I support this amendment, because voters should have some say in this process. if an elected official dies, resigns, is recalled or impeached, the 2nd highest vote getter in the last election could serve OR the public should be able to have a "say " who shall serve for the rest of the term by a special election by mail.
__I SUPPORT APPOINTMENTS TO BOARDS AND COMMISSIONS- I support this amendment because it gives the council members the right to nominate people for boards and commissions, the Mayor can give comments and the public has a time to weigh in. Council members know who is qualified and involved in their districts better than the Mayor.
__I SUPPORT AMENDING THE CHARTER- I support using the same process and procedure as Initiative and Referendum to amend the charter as was written by the League of Women Voters and approved by voters in 2008.
__I SUPPORT FUNDING FOR THE LEGISLATIVE AUDITOR'S OFFICE- I support providing the legislative auditor's office with funding that is independent of the budget process, so they are not beholden to the council and they can do their work independently.
__ I SUPPORT COUNCIL COMMITTEES- I support having set standing committees for the County council. I support that notices should be sent 6 calendar days before committee and council meetings and that council matters can only be delayed by one meeting and that each council member shall have one vote on each committee.
__I SUPPORT REDISTRICTING- it is important to have each council district to have approximately the same amount of people and the island to be divided into 9 equal districts. Federal guidelines should be followed, the process clearly defined and a report made to the people in an open and transparent manner.
__I SUPPORT Community Development Plans- for the investment of our county funds and thousands of hours of community activism to be or durable value the CDP's and the Action Committees should be included in the County Charter.
OUR CHARTER IS THE HIGHEST LAW OF HAWAII COUNTY.
I support open and transparent government.
Mahalo!
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