A group of concerned citizens launched a petition drive on Wednesday to place a charter amendment on the Nov. 4 ballot that could change the way county government operates. The proposed legislation would “move the responsibility for tourist accommodation building
A group of concerned citizens launched a petition drive on Wednesday to place a charter amendment on the Nov. 4 ballot that could change the way county government operates.
The proposed legislation would “move the responsibility for tourist accommodation building permits from an appointed Planning Commission to the elected County Council, where it belongs,” said Kapa‘a resident Rich Hoeppner, who has helped organize the campaign with members of the newly formed Coalition for Responsible Government.
The group is working to collect 3,000 signatures from registered voters by June 1 to qualify the amendment for the ballot.
Supporters say the proposed change to the charter, Kaua‘i’s constitution, would force compliance with the General Plan, a long-range vision for the island, by empowering the council to approve permits for transient overnight accommodations.
The council would be able to delegate approval authority back to the Planning Commission only if it enacts a rate-of-growth limit consistent with the General Plan. The group said that development has gone unchecked for too long and prompt action is needed.
Critics question if the charter is the appropriate place for such a policy and say the amendment could have unintended consequences.
“The charter amendment process is an unwieldy and impractical process for most public policy crafting and is best reserved for infrequent and fundamental changes, not for establishing public policy in general,” County Councilwoman JoAnn Yukimura said yesterday.
She has started to draft a bill for an ordinance that would similarly manage growth and hopes to have it completed by the end of April. When or if it passes, however, concerns residents behind the campaign.
“Instead of letting County Council legislate something like this, which could take years, or letting the Charter Commission do it, which could take years, we’re letting voters decide,” Hoeppner said. “It’s the fastest way to do it. It’s time for a change.”
Attorneys have reviewed the amendment, he added, but Yukimura said the county could still be exposed to legal challenges.
She said it appears to be “a land use initiative in disguise.
“Acknowledging that reasonable people may disagree, I believe that a proposal to manage growth is a policy issue that would be better addressed by a bill for an ordinance,” she said. “This is the kuleana of the council and mayor, not of a charter amendment.”
Still, groups such as Save Kaua‘i say the amendment would “eliminate overburdening of our infrastructure and maintain the sustainability of Kaua‘i.”
Hoeppner said the Planning Commission has a “credit card with no limit.”
The amendment, he said, would establish a 1.5 percent growth rate and give the council the credit card.
Some 40 people attended the meeting on Wednesday at the Kapa‘a Neighborhood Center.
“Everybody was very positive,” Hoeppner said. “There really wasn’t anybody there who said it was a bad idea.”
The county charter and state and federal constitutions are the documents by which citizens lay out their fundamental structure of government, Yukimura said. They establish the main branches of government; the main offices, elected and appointed, for the running of government; and define jurisdiction or kuleana of each department of government.
“They leave to the mayor and council the development of laws and programs that establish and implement public policy, such as the General Plan, our zoning laws, our parks regulations, the building codes, etc.,” she said.
“Another limitation on the charter amendment process is that is an ‘all or nothing’ process,” she added. “Once the proposed charter amendment is written, usually by a small group of people, and without the vetting process of public hearings and committee meetings, it cannot be amended because you would have people signing petitions under different versions.”
For more information, visit crgkauai.org or call Hoeppner at 639-1954.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
