Proposed charter amendments cover broad range

From affordable housing funding in Honolulu to the duties of the Hawaii County auditor to a new department to manage cultural resources and help Maui County operate as a bilingual government, voters have a broad range of proposed charter amendments to consider this general election.

What You Need To Know

• A proposed charter amendment would expand the duties of the Office of the County Auditor to include investigating allegations of fraud, waste or abuse within the operations of the County of Hawaii
  
• A proposed Honolulu charter amendment would double the amount of real property tax revenue deposited into the county's affordable housing fund
  
• On Kauai, voters will decide whether future elections for prosecuting attorney occur at the same time as regularly scheduled elections
  
• Maui voters are considering a charter amendment that would establish a Department of Oiwi Resources and affirm the county as a bilingual (English and Hawaiian) government

Residents of Maui County are voting on no less than 13 charter amendments, by far the most of any of the four counties. But each county has important, and potentially expensive, changes proposed for their local government.

Hawaii County

The Office of the County Auditor recently launched a whistleblower hotline for people to report fraud, waste or abuse in the county government. However, Section 3-18 of the Hawaii County Charter, which defines the function and duties of the office, does not have specific language to provide for investigations of information provided via the hotline.

A proposed charter amendment would expand the duties of the Office of the County Auditor to include investigating allegations of fraud, waste or abuse within the operations of the County of Hawaii.

The office currently performs an annual financial audit of the county as well as performance and financial audits of funds, programs, services and operations of county agencies, executive agencies and programs. It also performs follow-up audits and monitoring of responses to audit recommendations.

Other charter amendment questions on the ballot for Hawaii County residents include:

• “Shall the Hawaii County Charter be amended to increase the membership of the Board of Ethics from five members to seven members?”
• “Shall the Hawaii County Charter be amended to establish a Youth Commission, which would consist of at least nine but no more than 15 members between the ages of 14 and 24 years old, whose duties would include advising the Mayor, County Council and official agencies of the County on legislative and budgetary matters, assess existing programs and advance new programs that support youth development and encourage and coordinate youth participation in County initiatives and other forms of civic engagement?”

City and County of Honolulu

Each year, the City and County of Honolulu deposits one-half of 1% of estimated real property tax revenues—typically between $7 million and $8 million—into its Affordable Housing Fund for the provision and expansion of affordable rental housing for those making 60% or less of the median household income for Honolulu.

A charter amendment on this year’s ballot asks Honolulu residents whether that allocation should be increased to a full 1%.

The Department of Community Services administers the affordable housing fund. This year, the department distributed more than $28 million to six qualified projects around the island.

Other charter amendment questions posed to Honolulu residents on this year’s ballot include:

• “Shall the Revised City Charter be amended to require that the Planning Commission have at least one member with substantial experience or expertise in one of the following categories of disciplines, that each of the categories be represented by a different member and that all of the categories be represented on the commission: 1) Native Hawaiian traditional and customary practices, native Hawaiian law or traditional Hawaiian land usage; 2) Land use planning, policies and principles; 3) Land development and construction; and 4) Climate change and sea level rise causes, effects and solutions; or environmental protection and preservation?”
• “Shall the Revised City Charter be amended to expand the permitted use of funds in the Clean Water and Natural Lands Fund to include funding for costs related to the operation, maintenance and management of lands acquired by way of this Fund that are necessary to protect, maintain or restore resources at risk on these lands, such as infrastructure, environmental remediation or improvements to provide for public access and use?”
• “Shall the Revised City Charter be amended to update the provisions pertaining to the Office of Council Services, the research and drafting arm of the Council, to reflect its current functions; consolidate various provisions relating to the OCS in a separate Chapter of the Revised Charter like its fellow Legislative Branch agencies, the Office of the City Clerk and the Office of the City Auditor; provide for the appointment, salary and duties of the OCS director; and expressly recognize the authority of the licensed attorneys in the OCS to provide legal advice to the City Council and its members?”

County of Kauai

When Kauai Prosecuting Attorney Justin Koller resigned in September 2021, it cost the county not just an experienced prosecutor but approximately $500,000 to stage a special election for his successor. On Nov. 8, Kauai voters will decide whether the county charter will be amended to require that future elections for prosecuting attorney occur at the same time as regularly scheduled elections.

The proposed amendment would allow the first deputy prosecutor to serve as interim prosecuting attorney until the seat can be filled in a regularly scheduled election as long as the vacancy occurs more than three days before the filing deadline for the election. If the vacancy occurs after that, the interim prosecutor would serve until the following election. If the deputy prosecutor is unable to assume the position, the seat cxf xc would be filled via appointment by the mayor.

Other charter amendment questions Kauai voters will consider include:

• “Shall the charter be amended to remove Article 30 which allows the City Council to create an Electric Power Corporation?”
• “Shall the charter be amended to give the Salary Commission the authority to establish the maximum salary for elected and appointed officials?”

County of Maui

Amid a larger movement to integrate Hawaiian language into official government records, communication and operations, Maui voters this year will decide whether to establish a new department to ensure proper management of native cultural resources and to assist the county in ensuring that it operates as a bilingual government entity.

Earlier this year, the Honolulu City Council passed a measure, written entirely in Hawaiian, establishing Mahina Olelo Hawaii or Hawaiian Language Month. Last month, the governor’s office and other state departments and agencies began incorporating Hawaiian language translations of their names on websites and letterhead. The proposed amendment would take the movement a step forward by establishing a Department of Oiwi Resources and affirming that “official writings of the county shall be prepared and made available in both official state languages, English and Hawaii, as determined by ordinance. The county shall provide appropriate oral language services to any resident who orally communicates with its officers or employees in the Hawaiian language.”

Other charter amendment questions Maui residents are being asked to consider:

• “Shall the Charter be amended, effective July 1, 2024, to: 1) divide the Department of Housing and Human Concerns into two departments; 2) create the Housing Advisory Board to advice the Director of Housing; and 3) require a liaison with the Department of Hawaiian Home Lands within the Department of Housing?”
• “Shall the Charter be amended to: 1) require the filing of a financial disclosure statement by appointive officers and employees prior to taking office or participating in any official capacity; 2) prohibit officers and employees from taking official actions in which the officer or employee has a direct or indirect financial interest; and 3) prohibit officers and employees from using or attempting to use their position for unwarranted advantage to themselves or others?”
• “Shall the Charter be amended to: 1) require that the Maui Planning Commission have members all council residency areas on the island of Maui; 2) allow for Kalaupapa, Molokai, to be included within the County of Maui and the jurisdiction of the Molokai Planning Commission upon State action; and 3) allow for the community plan update process to be set by ordinance?”
• “Shall the Charter be amended to: 1) require remote communications during County Council meetings between the Council and members of the public located in Hana, Lanai, Molokai and other geographic areas, in accordance with state law; 2) require County employees to facilitate access to County records and minimize fees and charges; and 3) provide discretion in determining the day, time and venue of the County Council’s organizational meeting?”
• “Shall the Charter be amended to remove the cap on penalties for violations of the law so that they will be set by ordinance?”
• “Shall the Charter be amended to require an administrative head nominated by the Mayor to immediately vacate office if denied appointment by the Council, and to prohibit letter of resignation as a condition of appointment for an administrative head?”
• “Shall the Charter be amended to authorize the County Clerk to update the Charter in compliance with law, clarify the County Clerk’s other duties and to prohibit the County Clerk and Deputy County Clerk from actively participating in political management or campaigns for Federal, State or County elective office?”
• “Shall the Charter be amended to require that the Chief of Police provide a written report to the Police Commission when the Chief disagrees with the Commission’s findings related to the conduct of the department or its members?”
• “Shall the Charter be amended, effective July 1, 2023, to: 1) create a 9-member Independent Nomination Board, with its membership appointed by the Mayor and approved by the Council, to recruit, evaluate and nominate individuals for County boards, commissions and the positions of County Clerk, Auditor, Corporation Counsel and Prosecuting Attorney; 2) eliminate the prohibition on paying board and commission members; 3) set the County Clerk’s term at 6 years; 4) eliminate the requirement that no more than a bare majority of a board or commission may belong to the same political party; and 5) stagger the membership on new boards to that five members would serve 3-year terms and four members would serve 2-year terms and provide that board members serving for an initial term of less than 3 years may be reappointed to a full term on the same board?”
• “Shall the Charter be amended to require that the County Auditor assess the impacts of proposed charter amendments on County taxation and spending?”
• “Shall the Charter be amended to establish Maui County Community Water Authorities with regional community boards to manage water collection and delivery systems acquired by the Water Authorities, including State license areas in East Maui, and to pursue long-term water lease agreements with the State to provide a long-term reliable supply of water for domestic and agricultural needs?
• “Shall the Charter be amended, effective January 2, 2023, to establish a County policy to promote climate change adaptation, including by implementing guidelines to allow certain County employees to telework and have alternative work schedules?”