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County of Kaua'i, State of Hawaii

*DEREK S.K. KAWAKAMI, *MAYOR
*REIKO MATSUYAMA*, MANAGING DIRECTOR






*News Release*

For Immediate Release: October 4, 2024






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RISE Logo (transparent background)

COUNTY OF KAUA‘I

OFFICE OF BOARDS AND COMMISSIONS

ELLEN CHING - ADMINISTRATOR

(808) 241-4917



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*Explanation for proposed charter amendments available online*

LĪHU‘E – Kaua‘i voters will have the opportunity to decide on five proposed charter amendments on the 2024 General Election ballot.

To assist voters with making informed decisions, the Charter Review Commission has provided background information and the purpose of each proposal. To review all proposed changes to the Charter, visit kauaiballotinfo.com [ https://kauaiballotinfo.com/?utm_medium=email&utm_source=govdelivery ] or contact the Office of Boards and Commissions at 808-241-4917 or the Elections Division at 808-241-4800, Monday to Friday, between 7:45 a.m. and 4:30 p.m.

The Charter of the County of Kaua‘i is the fundamental organizational document for how the county government works. It was adopted in the 1968 election, and our Mayor-County Council form of government was launched in 1969. The Kaua‘i County Charter Review Commission reviews proposals for changes to the Charter and in each General Election it recommends those amendments its members feel will improve county government. Charter amendments can also be proposed by the County Council or by citizen petition, but neither of those processes was used this year.

Proposed amendments are adopted if a majority of those voting on an item approves it in the General Election.

For more information, visit kauaiballotinfo.com [ https://kauaiballotinfo.com/?utm_medium=email&utm_source=govdelivery ].

If you need ASL interpreter, materials in an alternate format, or other auxiliary and support, please contact the Office of Boards and Commissions at 808-241-4917 or asegreti@kauai.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

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*Amendments to The Charter of the County of Kaua‘i
**November 5, 2024
**General Election*

Pursuant to Hawai‘i Revised Statutes §50-11 and Article XXIV, Section 24.03, of The Charter of the County of Kaua‘i, the *_Kaua‘i Charter Review Commission_* has published the following Proposed Amendments to The Charter of the County of Kaua‘i, which the Commission has approved for inclusion on the 2024 general election ballot.* *


* *_Police Commission Investigation_*

*Ballot Language: *Shall the Police Commission’s 90-day window for reporting written investigation results start when the Commission receives the investigation report?

*Purpose: *This Charter Amendment would provide the Police Commission with adequate time to conduct thorough investigations when members of the public bring charges against the Police Department or its members.

*Background: *The language of the Charter (Kaua’i County Charter, section 11.03.C.) currently says the Police Commission must, “Receive, consider, and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police within ninety days.” This language is unclear because some investigations can take over 90 days to complete. This amendment would clarify that the Commission shall submit a written report of its findings to the Chief of Police within 90 days after the investigation has been completed. This measure would separate the investigation and the reporting, allowing the investigation to proceed until its results are reported to the Commission. The Commission would then have 90 days to prepare and file its report to the Police Chief.


* *_Cost Control Commission Report_*

*Ballot Language: *Shall the Cost Control Commission be authorized to recommend increased costs if they are expected to generate future cost savings or efficiencies?

*Purpose: *This amendment would grant the Cost Control Commission greater flexibility in recommending improving the efficiency of government and in achieving long-term reductions in the cost of providing government services.

*Background: *The County Cost Control Commission is authorized to recommend measures that eliminate programs and services and reduce costs (Kaua’i County Charter, Section 28.04.) The commission has concluded that in some cases, an increase in spending may result in longer term efficiencies or savings. A change in the language of the charter would grant the commission the additional flexibility it requires to achieve its mission of reducing the cost of government while maintaining a reasonable level of public services. Note: Any commission recommendations would require both County Council and Mayoral approval before enactment.


* *_Public Access, Open Space and Natural Resources Preservation Fund_*

*Ballot Language: *Shall up to 5% of the County’s Open Space Fund be available for the maintenance of lands, property entitlements, or improvements that were paid for by the Fund?

*Purpose: *This Charter Amendment seeks to ensure that properties protected by the Public Access, Open Space and Natural Resources Preservation Fund have resources to provide some stewardship support.

*Background: *The County’s Public Access, Open Space and Natural Resources Preservation Fund (Kaua‘i County Charter, Section 19.15.C.) is primarily aimed at acquiring lands for the purposes specified in its title, ensuring public access, open space and preserving natural resources. However, the county has had difficulty arranging for volunteer groups or non-profit entities to take on long-term maintenance and stewardship for the properties and improvements. This is particularly true with the preservation of ecologically and culturally sensitive projects. This measure would allow a small portion of the Fund to be used to support stewardship. As an example, it could be used to purchase lumber or maintenance supplies to help volunteer stewards with costs they may otherwise be unable to raise.


* *Surety Bonds (CRC 2024-05)*

*Ballot Language: *Shall the Charter be amended to allow the use of insurance policies for certain or all employees to protect the County against financial loss?

*Purpose: *This amendment would give the County flexibility in purchasing either insurance or surety bonds to cover county employees and protect the county against financial loss or theft.

*Background: *Currently the Kaua‘i County Charter, Section 19.17 states, certain officers and employees are required to be bonded. In the past, surety bonds provided a financial guarantee against loss or theft associated with the performance of the official duties of an office. Surety bonds however, may not be readily available today. Insurance can provide the same protection for all employees at a lower cost. Amending a portion of section 19.17 would give the County the flexibility to buy policies with the best coverage, benefits and cost whether it is surety bonds, insurance, or both. The goal of this charter amendment would be to obtain the best policies for the County, for all employees and to better manage overall costs.


* *_Ex-officio Youth Position on County Boards and Commissions_*

*Ballot Language: *Shall the Charter be amended to establish ex-officio positions for youth on Boards and Commissions to be filled by Kaua‘i resident high school juniors or seniors?

*Purpose: *This amendment would allow a Kaua‘i student to learn government and civics through participating as an ex-officio member of boards and commissions.

*Background: *To provide a voice for youth on Boards and Commission as well as an educational opportunity for students, this amendment would create seats for high school juniors or seniors on boards and commissions by adding a new subsection O to Section 23.02 of the Kaua‘i County Charter.

The ex-officio student positions are to be filled by a Kaua‘i resident. Such members may participate in commission discussions but will not vote, will not be counted toward quorum, and will not participate in executive sessions.

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*Media Contact:
*

If you are a member of the media with an inquiry for the County of Kaua‘i, its departments or representatives, please email the County of Kaua‘i's Communications Team at CountyPIO@kauai.gov to ensure a timely response to your request. Mahalo!








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