The Constitution of the United States of America commences with the words “We the people of the United States … do ordain and establish this constitution …” In parallel vein the initial words of the Charter of County of Kauai,
The Constitution of the United States of America commences with the words “We the people of the United States … do ordain and establish this constitution …” In parallel vein the initial words of the Charter of County of Kauai, which is the constitution for the county, are “The people of the County of Kauai” and the Charter goes on to say that “all powers of the county shall be carried into execution as provided in this charter.” The emphasis on the “people” is apparent in both documents.
Both provide for their amendment from time to time. In the case of the Kauai Charter, it states that a Charter Review Commission was to be appointed every 10 years for this purpose. Amendment proposals may also be presented by resolution of the County Council and by citizen petition. In the last election the voters recognized that although the then sitting Charter Commission had proposed 15 amendments there were many more items on which the voters should be allowed to decide. So in the 2006 General Election they authorized a continuing charter commission.
The reaction of the administration to this citizen action seems rather chilly. While the mayor nominated the proposed members for the new commission in a reasonable time, the administrator of boards and commissions, a position established by the last general election, was not appointed until August. No support system for the Charter Commission was created and it did not have its initial and organizational meeting until Sept. 24 of this year. In contrast the Salary Commission which held the promise of fruitful salary increases for county officials was rapidly assembled and actively supported. The second meeting in the Charter Commission’s leisurely schedule was held on Oct. 22 with the mayor and council chair invited to speak on the status of the charter. They each expressed contentment with its present terms. The commission will not meet again until Nov. 26.
The Charter Commission appointed in 2005 was considerably more vigorous. In its about 18 months of service it had 56 regular meetings receiving over 70 proposals for amendments (most from the public) and finally submitted 15 measures for citizen vote of which 10 were adopted. The pace of activity of the current commission is of some concern. In the over one year since the last election the commission will have met only three times. At this rate questions may be asked if the commission will have examined and concluded to offer any measures for vote at the next general election in November 2008.
The last commission was also substantially more visible than the current one. It obtained a budget of over $100,000 for public education on the issues it was considering principally for television of meetings on Ho‘ike channels. The prior commission was very proactive in seeking community input, holding seven special meetings for this purpose. The commission now in place has taken no action for a budget or for televising or opening its meetings.
The 2007 commission has adopted the procedural rules for the conduct of its affairs which are the same as those for the preceding commission. Having such rules are important. The rules of the last commission, for example, provided for the chair of the commission to provide to the members all communications received. To date about 30 have been received by the commission but they have not been distributed to the members.
The last commission received several proposals for charter amendments that had substantial public support that the commission did not submit to the voters. Perhaps paramount among these was one for adoption of a county manager system to replace the mayoral system now in force. The majority of the comparable cities and counties in the United States have such a manager system.
Although appointed by the mayor and confirmed by the council, the duty of the commission is to serve the interests of the people of Kaua‘i. In the 2006 General Election the voters adopted by a clear majority the continuance of the service of the commission for the next 10 years. In doing so the voters were concurring with the pro statement accompanying the ballot issue that the continuance improves the ability of the commission to deal with complex issues and rejecting the con statement that the charter should not be frequently amended. While county officials have declared they are content with the existing terms of the charter, the voices of the public heard in the prior commission and waiting to be heard in the current commission suggest otherwise and should be respected.
Amendments to our charter should not be adopted without thoughtful consideration but proposals should be allowed to be given to voters for their decision when they may improve the quality of our governance and they appear to have support from the public. It should be the keen expectation of all of us that the commission will faithfully carry out its important mission.
• Walter Lewis is a resident of Princeville and writes a bi-weekly column for The Garden Island.
