LIHU‘E — The Charter Review Commission is considering a proposal that would extend the term of office for the Kaua‘i County Council from two years to four. During its Monday afternoon meeting in Council Chambers at the Historic County Building,
LIHU‘E — The Charter Review Commission is considering a proposal that would extend the term of office for the Kaua‘i County Council from two years to four.
During its Monday afternoon meeting in Council Chambers at the Historic County Building, the commission raised many questions about how the amendment would be implemented, and will have to wait for legal answers before it can move forward on the plan.
Commissioner Leonard Vierra said the change could benefit the public in that less money will be spent on costly county elections every two years.
The mayor already has four-year terms, but elections for representatives in both the state Legislature and U.S. Congress would require general elections every two years.
The proposal, which could be up for public vote on the 2010 ballot but would not take effect until the 2012 election, would not result in staggered terms for council members, and would alter but not remove term limits adopted in 2006.
Current term limits disqualify council members from running for re-election after they have served four consecutive two-year terms, but do not specify when eligibility is re-attained, said Office of Boards and Commissions Administrator John Isobe in an interview following the meeting Monday.
Section 3.03 of the charter, if amended, would include language decreeing that “After the expiration of two consecutive (four-year) terms, no person shall be eligible to be reelected to the office of council member until one election cycle has elapsed after such service.”
The eight-consecutive-year limit adjustment being included in the ballot question could muddle the issue for voters.
Some residents — like Glenn Mickens, who testified Monday — believe the limits on council members should parallel the 22nd Amendment to the U.S. Constitution, which puts a two-election limit on presidents regardless of if the terms are consecutive.
Others, like Charter Review Commission Chair Sherman Shiraishi, do not believe there should be any term limits and the most qualified candidates who can earn enough votes from the public should be allowed to serve indefinitely.
Isobe clarified that the amendment would restart the clock on term limits for those council members who are still in office after 2012. For example, a council member elected in 2006 (or before) who would lose their eligibility in 2014 under current law would instead be able to sit on the body uninterrupted until 2020 if the amendment is put on the ballot and passes.
Another unresolved issue pertained to filling vacancies. Currently, Section 3.05 of the charter says remaining council members have 30 days to fill a vacancy, after which the mayor shall make the appointment.
However, commission members seemed interesting in exploring the possibility of special elections in certain instances for lengthened council terms, not unlike what is set up for the elected office of mayor.
When Mayor Bryan Baptiste died in office in 2008, a special election was convened, and Bernard Carvalho was elected to serve the final two years of Baptiste’s second term — not a new four-year term of his own.
Because the ballot cannot include multiple questions on the same topic and compound questions can be confusing, the commission will have to work to ensure clarity, members said.
Questions about the amendment were directed to the Office of the County Attorney, and the proposal will likely be back on the commission’s agenda in an upcoming meeting.
For meeting agendas, visit www.kauai.gov.
For more coverage of these and other proposed charter amendments, see upcoming editions of The Garden Island.
• Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or mlevine@kauaipubco.com.
