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Notice #: 0000067103-02
Public Notices

PROPOSED
CITY CHARTER AMENDMENTS
CITY AND COUNTY OF HONOLULU
FOR THE 2008 GENERAL ELECTION

The following questions to amend the Charter of the City and County of Honolulu are being submitted to the people of the City and County of Honolulu to be voted upon at the General Election on Tuesday, November 4, 2008:

QUESTION NO. 1

“Shall the Prosecuting Attorney be allowed to initiate, develop, and perform or coordinate programs, projects and activities, as determined by the prosecuting attorney, on the subject of crime, including but not limited to crime research, prevention, and education?”

YES ________

NO ________

Adoption of this proposal will authorize the Prosecuting Attorney to develop programs on the subject of crime, including the authority to receive and expend financial grants, donations, and other funds for crime research, prevention, and education.

The text of RESOLUTION NO. 07-223, CD1, is reproduced as follows:

RESOLUTION NO. 07-223, CD1

INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973, AS AMENDED RELATING TO THE PROSECUTING ATTORNEY.

WHEREAS, Hawaii Revised Statutes (“HRS”) section 28-10.6 authorizes the department of the attorney general of the State of Hawaii to initiate, develop and perform or coordinate programs, projects and activities, as determined by the attorney general, on the subject of crime, including but not limited to crime research, prevention, and education; and

WHEREAS, pursuant to HRS section 28-10.6, the attorney general is authorized to receive and expend financial grants and donations for crime research, prevention, and education; and

WHEREAS, in Rees v. Carlisle, 113 Haw. 446, 153 P.3rd 1131 (2007), the Hawaii Supreme Court ruled that the authorizations included in HRS Section 28-10.6 do not extend to the county prosecutors; and

WHEREAS, the council finds that the department of the prosecuting attorney of the City and County of Honolulu should have similar authority to develop programs on the subject of crime, including the authority to receive and expend financial grants, donations, and other funds for crime research, prevention, and education; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu:

1. That it propose, and it is hereby proposed, that the following question be placed on the 2008 general election ballot:

“Shall the Prosecuting Attorney be allowed to initiate, develop, and perform or coordinate programs, projects and activities, as determined by the prosecuting attorney, on the subject of crime, including but not limited to crime research, prevention, and education?”

2. That it propose and it is hereby proposed, that Section 8-104, Revised Charter of the City and County of Honolulu 1973, as amended, be amended to read as follows:

“Section 8-104. Powers, Duties and Functions —

1. The prosecuting attorney shall:

(a) Attend all courts in the city and conduct, on behalf of the people, all prosecutions therein for offenses against the laws of the state and the ordinances and rules and regulations of the city.

(b) Prosecute offenses against the laws of the state under the authority of the attorney general of the state.

(c) Appear in every criminal case where there is a change of venue from the courts in the city and prosecute the same in any jurisdiction to which the same is changed or removed. The expense of such proceeding shall be paid by the city.

(d) Institute proceedings before the district judges for the arrest of persons charged with or reasonably suspected of public offenses, when the prosecuting attorney has information that any such offenses have been committed, and for that purpose, take charge of criminal cases before the district judges either in person or by a deputy or by such other prosecuting officer or in such other manner as the prosecuting attorney shall designate with approval of the district court or in accordance with statute; draw all indictments and attend before and give advice to the grand jury whenever cases are presented to it for its consideration; and investigate all matters which may properly come before the prosecuting attorney. Nothing herein contained shall prevent the conduct of proceedings by private counsel before courts of record under the direction of the prosecuting attorney.

2. The prosecuting attorney may:

(a) Research, evaluate, and make recommendations regarding crime, crime prevention, and the criminal justice system to the governor, the legislature, the judiciary, the council, the mayor, the Honolulu police department and other criminal justice agencies, or the general public, as the prosecuting attorney deems appropriate.

(b) Provide crime prevention training programs for law enforcement agencies, citizens, businesses, and civic groups; and

(c) Develop public education programs through various broadcast or print media, to provide the general public information that will assist citizens in developing the knowledge and confidence to prevent crime and to avoid being victims of crime.

(d) Receive and expend financial grants, donations and other funds as permitted by the provisions of the revised charter, city ordinances and applicable city, state, and federal financial and budget policies for crime research, prevention, and education.”

3. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion the Revised Charter of the City and County of Honolulu 1973 as amended, the revisor of the charter need not include the underscoring.

4. That if these Charter provisions are amended by any other Charter amendment approved by the electors in the 2008 general election, the revisor of the charter, in revising, compiling or printing the Charter: (1) may designate or redesignate articles, chapters, sections or parts of sections, and rearrange references thereto; and (2) shall, except as otherwise expressly provided in this resolution or in the other resolution(s) amending these Charter provisions, give effect, to the extent possible, to all of the amendments approved. The revisor of the charter may also change capitalization or the form of numbers and monetary sums for the sake of uniformity.

5. That the City Clerk be and is hereby directed:

A. To prepare the necessary ballots with the question contained in this resolution and with spaces for “yes” and “no” votes on the question for presentation to the electors at the 2008 general election. The City Clerk may make technical and non-substantive changes to the form of the question presented in order to conform it to the form of other charter amendment questions presented to the electors at the same election; and

B. To publish the above-proposed Charter amendments at length in a daily newspaper of general circulation in the City and County of Honolulu at least 45 days prior to their submission to the electors at the 2008 general election.

6. That upon approval of the charter amendment question posed in this resolution by a majority of electors voting thereon, as duly certified, the charter amendments proposed in this resolution shall take effect on January 2, 2009.

QUESTION NO. 2

“Shall the Revised City Charter be amended to authorize the city Ethics Commission to impose civil fines established by ordinance for violations of the standards of conduct committed by appointed officers and employees of the city who have significant discretionary or fiscal power?”

YES __________

NO ___________

Adoption of this proposal will make officers and exempt employees described in RCH Section 6-1103(a)-(d) and 6-1104(a)-(c), subject to civil fines for unethical conduct.

The text of the RESOLUTION NO. 07-384, CD1, is reproduced as follows:

RESOLUTION NO. 07-384, CD1

INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973, AS AMENDED, RELATING TO CIVIL PENALTIES FOR VIOLATIONS OF THE CITY’S STANDARDS OF CONDUCT BY CITY OFFICERS AND EMPLOYEES.

WHEREAS, Section 11-107, Revised Charter of the City and County of Honolulu 1973, as amended (“RCH” or “City Charter”), establishes a city Ethics Commission (“Commission”) consisting of seven members; and

WHEREAS, Section 11-107, RCH, provides that the Commission “shall recommend appropriate disciplinary action against officers and employees found to have violated the standards of conduct established by [Article XI] of the charter or by ordinance”; and

WHEREAS, the standards of conduct established by Article XI, RCH and Chapter 3, Article 8 of the Revised Ordinances of Honolulu (“ROH”), relate to conflicts of interest, disclosure of interests, fair and equal treatment, and post-employment restrictions on officers and employees of the city; and

WHEREAS, Sections 11-106 and 11-107, RCH, currently provide that any violation of the standards of conduct shall be grounds for impeachment of elected city officers and removal from office or from employment of all other officers and employees, and that upon the Commission’s recommendation, an employee’s appointing authority may place on probation, demote, suspend or discharge an employee found to have violated the ethical standards of conduct; and

WHEREAS, Sections 11-106 and 11-107, RCH, authorizes the Commission to impose civil fines established by ordinance against elected city officers who have been found to have violated the ethical standards of conduct but does not permit civil fines to be imposed against appointed officers or employees who violate ethical standards; and

WHEREAS, the council recently enacted Ordinance 07-43 that establishes civil fines to be imposed by the Commission against elected officers for unethical conduct; and

WHEREAS, the council finds that appointed officers and employees with significant discretionary or fiscal power are exposed to opportunities to abuse their position, and therefore, should be subject to the same penalties as elected officers; and

WHEREAS, the state legislature enacted Act 207 in 2006 that authorizes the state ethics commission to impose an administrative fine against any person, including state legislators and all other state employees, who violate the provisions of the state ethics code; and

WHEREAS, imposing civil fines for violations of the ethical standards of conduct of the city would be an appropriate means of enforcing ethical standards against appointed officers and employees with significant discretionary or fiscal power; and

WHEREAS, the council intends that any ordinance enacted pursuant to the Charter amendment should make the officers and exempt employees described in RCH Section 6-1103(a)-(d) and 6-1104(a)-(c) subject to civil fines for unethical conduct, but exempt employees in clerical positions or employees within a bargaining unit as described in Section 89-6, Hawaii Revised Statutes, shall not be subject to civil fines; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu:

1. That it proposes, and it is hereby proposed, that the following question be placed on the 2008 general election ballot:

“Shall the Revised City Charter be amended to authorize the city Ethics Commission to impose civil fines established by ordinance for violations of the standards of conduct committed by appointed officers and employees of the city who have significant discretionary or fiscal power?”

2. That Section 11-106 of the Revised Charter of the City and County of Honolulu 1973, as amended, be amended to read as follows:

“Section 11-106. Penalties and Disciplinary Action for Violations —

The failure to comply with or any violation of the standards of conduct established by this article of the charter or by ordinance shall be grounds for impeachment of elected officers and for the removal from office or from employment of all other officers and employees. The appointing authority may, upon the recommendation of the ethics commission, reprimand, put on probation, demote, suspend or discharge an employee found to have violated the standards of conduct established by this article of the charter or by ordinance. The ethics commission may also impose civil fines established by ordinance for violations of the standards of conduct committed by elected and appointed officers and employees of the city with significant discretionary or fiscal power as determined by ordinance.”

3. That Section 11-107, Revised Charter of the City and County of Honolulu 1973, as amended, be amended to read as follows:

“Section 11-107. Ethics Commission —

There shall be within the department of the corporation counsel for administrative purposes only an ethics commission which shall consist of seven members. The commission shall be governed by the provisions of Section 13-103 of this charter. In accordance with the prohibition in Article XIV of the Constitution of the State of Hawaii, the members of the ethics commission shall be prohibited from taking an active part in political management or in political campaigns.

The commission may appoint such staff and engage consultants as is necessary to assist it in the performance of its duties. Such staff and consultants may include attorneys who may advise the commission independently of the department of the corporation counsel. All staff positions shall be exempt from the provisions of Chapter 11 of Article VI of this charter, but such staff positions, except the position of executive director, shall be included in the position classification plan. The executive director shall be an attorney qualified to practice law in the State of Hawaii. The salary of the executive director shall be fixed by ordinance.

The commission is authorized to hold hearings and to conduct investigations concerning the application of this article of the charter and shall have the powers provided in Section 13-114 of this charter.

The commission may, on its own initiative, render advisory opinions with respect to this article of the charter. [Advisory] An advisory opinion shall be rendered pursuant to a written request of any elected or appointed officer or employee concerned and may be rendered pursuant to the request of any person. The commission shall publish its advisory opinions with such deletions as may be necessary to prevent disclosure of the identity of the persons involved.

The commission may impose civil fines established by ordinance against elected and appointed officers and employees of the city with significant discretionary or fiscal power as determined by ordinance, found by the commission to have violated the standards of conduct established by this article of the charter or by ordinance. The commission shall recommend appropriate disciplinary action against officers and employees found to have violated the standards of conduct established by this article of the charter or by ordinance. The appointing authority shall promptly notify the commission of the action taken on the recommendation.”

4. That in paragraphs 2 and 3 of this “BE IT RESOLVED” clause, charter material to be repealed is bracketed and new charter material is underscored. When revising, compiling or printing the affected charter provision for inclusion in the Revised Charter of the City and County of Honolulu 1973, as amended, the revisor of the charter need not include the brackets, the bracketed material or the underscoring.

5. That the City Clerk be and is hereby directed:

A. To prepare the necessary ballots with the question contained in this resolution and with spaces for “yes” and “no” votes on the question for presentation to the electors at the 2008 general election. The City Clerk may make technical and nonsubstantive changes to the form of the question presented in order to conform it to the form of other charter amendment questions presented to the electors at the same election; and

B. To publish the above-proposed charter amendments at length in a publication meeting all legal requirements at least 45 days prior to their submission to the electors at the general election.

6. That upon approval of the charter amendment question posed in this resolution by a majority of electors voting thereon, as duly certified, the charter amendments proposed in paragraphs 2 and 3 of this “BE IT RESOLVED” clause shall take effect.

QUESTION NO. 3

“Shall the Revised Charter of the City and County of Honolulu 1973 be amended to conform to state law by specifying that the circuit courts of the state have jurisdiction of impeachment proceedings against elected county officers?”

YES _______

NO _______

Adoption of this proposal will amend the charter to identify the circuit court of the state as the court to have jurisdiction over impeachment of county officers.

The text of the RESOLUTION NO. 08-135, is reproduced as follows:

RESOLUTION NO. 08-135

INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973, AS AMENDED, RELATING TO THE IMPEACHMENT OF ELECTED OFFICERS.

WHEREAS, Section 11-106, Revised Charter of the City and County of Honolulu 1973, as amended (“RCH”), states that the failure to comply with any of the standards of conduct established in the City Charter or ordinances “. . . shall be grounds for impeachment of elected officers[.]”; and

WHEREAS, RCH Sections 12-201 through 12-203 provide for the impeachment of the mayor, a councilmember and the prosecuting attorney, respectively, for malfeasance, misfeasance or non-feasance in office; and

WHEREAS, those sections of the RCH provide that the supreme court of the state shall constitute a board of impeachment in any proceeding for the removal of the mayor, a councilmember, and the prosecuting attorney; and

WHEREAS, the Hawaii Constitution, Article VI, Section 1 and appellate opinions interpreting this section provide that the courts shall have original and appellate jurisdiction as provided by law; and

WHEREAS, the 2008 Legislature passed and the Governor signed into law Act 107 (Session Laws of Hawaii 2008), which establishes the jurisdiction of the circuit courts “for the impeachment of county officers who are subject to impeachment”; and

WHEREAS, RCH Sections 12-201 through 203 are in apparent conflict with Act 107 and should be amended to be consistent with state law; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu:

1. That it propose, and it is hereby proposed, that the following question be placed on the 2008 general election ballot:

“Shall the Revised Charter of the City and County of Honolulu 1973 be amended to conform to state law by specifying that the circuit courts of the state have jurisdiction of impeachment proceedings against elected county officers?”

2. That it propose, and it is hereby proposed, that RCH Section 12-201, be amended to read as follows:

“Section 12-201. Impeachment of the Mayor –
The mayor may be impeached for malfeasance, misfeasance or non-feasance in office. [The supreme court of the State shall constitute a board of impeachment in] The courts of the State of Hawaii shall have jurisdiction as provided by applicable law over any proceeding for the removal of the mayor who may be charged on any of the foregoing grounds. The charges shall be set forth in writing in a petition for impeachment signed by not less than five thousand duly registered voters of the city, and said signatures shall be necessary only for the purpose of filing the petition. The petition having once been filed, hearings shall be held on all such charges. [The board of impeachment may appoint a master and invest the master with power to investigate the charge and report thereon to the board. If the board sustains the charge, the mayor shall be deemed removed from office.]”

3. That it propose, and it is hereby proposed, that RCH Section 12-202, be amended to read as follows:

“Section 12-202. Impeachment of a Councilmember –
Any councilmember may be impeached for malfeasance, misfeasance or non-feasance in office or for interference with the performance of the duties of any officer or employee in any executive agency of the city government. [The supreme court of the state shall constitute a board of impeachment in] The courts of the State of Hawaii shall have jurisdiction as provided by applicable law over any proceeding for the removal of a councilmember who may be charged on any of the foregoing grounds. The charges shall be set forth in writing in a petition for impeachment signed by not less than one thousand duly registered voters of the council district for the removal of a councilmember, and said signatures shall be necessary only for the purpose of filing the petition. The petition having once been filed, hearings shall be held on all such charges. [The board of impeachment may appoint a master and invest the master with the power to investigate the charge and report thereon to the board. If the board sustains the charge, the councilmember shall be deemed removed from office.]”

4. That it propose, and it is hereby proposed, that RCH Section 12-203, be amended as follows:

“Section 12-203. Impeachment of the Prosecuting Attorney –
The prosecuting attorney may be impeached for malfeasance, misfeasance or non-feasance in office. [The supreme court of the state shall constitute a board of impeachment in] The courts of the State of Hawaii shall have jurisdiction as provided by applicable law over any proceeding for the removal of the prosecuting attorney who may be charged on any of the foregoing grounds. The charges shall be set forth in writing in a petition for impeachment signed by not less than five hundred duly registered voters of the city, and said signatures shall be necessary only for the purpose of filing the petition. The petition having once been filed, hearings shall be held on all such charges. [The board of impeachment may appoint a master and invest the master with the power to investigate the charge and report thereon to the board. If the board sustains the charge, the prosecuting attorney shall be deemed removed from office.]”

5. Charter material to be repealed is bracketed and new charter material is underscored. When revising, compiling or printing these charter provisions for inclusion in the Revised Charter of the City and County of Honolulu 1973, as amended, the revisor of the Charter need not include the brackets, bracketed material or the underscoring. If these Charter provisions are amended by any other Charter amendment approved by the electors at the 2008 general election, the revisor of the Charter, in revising, compiling, or printing the Charter: (1) may designate or redesignate articles, chapters, sections, or parts of sections and rearrange references thereto and (2) shall, except as otherwise expressly provided in this Resolution or in the other resolution(s) amending these Charter provisions, give effect, to the extent possible, to all of the amendments approved. The Revisor of the Charter may also change capitalization or the form of numbers and monetary sums for the sake of uniformity.

6. That the City Clerk be and is hereby directed:

A. To prepare the necessary ballot with the question contained in this resolution and with spaces for “yes” and “no” votes on the question for presentation to the electors at the 2008 general election. The city clerk may make technical and non-substantive changes to the form of the question presented in order to conform it to the form of other charter amendment questions presented to the electors at the same election; and

B. To publish the above-proposed charter amendments at length in a daily newspaper of general circulation in the City and County of Honolulu at least 45 days prior to its submission to the electors at the 2008 general election.

7. That upon approval of the charter amendment question posed in this resolution by a majority of the electors voting thereon, as duly certified, the charter amendments proposed in this resolution shall take effect on January 1, 2009.

QUESTION NO. 4

“Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel wheel on steel rail transit system?”

YES ____________

NO _____________

Adoption of this proposal will add the establishment of a steel wheel on steel rail transit system to the powers, duties and function of the director of transportation services, and allow the use of other technologies to complement or extend the rail transit system.

The text of RESOLUTION NO. 08-166, CD1, FD1, is reproduced as follows:

INITIATING AN AMENDMENT TO THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973, AS AMENDED, RELATING TO THE DIRECTOR OF TRANSPORTATION SERVICES.

WHEREAS, Article 6, Charter 17 of the Revised Charter of the City and County of Honolulu 1973, as amended, (“RCH”) provides the director of transportation services with the authority to plan, operate, and maintain transportation, including transit and bikeway, systems to meet public transportation needs, in accordance with the general plan and development plans, and advise on the design and construction thereof; and

WHEREAS, Section 6-1703, RCH, further provides the director of transportation services with the authority to locate, select, install, and maintain traffic control facilities and devices; and

WHEREAS, Section 6-1703, RCH currently does not state that the director of transportation services has the power, duty, or function to establish a steel wheel on steel rail system; and

WHEREAS, the council finds that the voters should decide whether the city, through the director of transportation services, should have the power, duty, or function to establish a steel wheel on steel rail transit system, provided that this authority would not preclude the director from utilizing other technologies to complement or extend the steel wheel on steel rail transit system; and

WHEREAS, it has been reported by the news media that the Circuit Court of the First Circuit has ruled in favor of “Stop Rail Now” in Civil No. 08-1-1605-08 (KKS), and has ordered the city clerk to file and process its initiative petition; and

WHEREAS, the initiative petition of “Stop Rail Now” was filed with the city clerk on August 14, 2008 as Petition 53 (2008); and

WHEREAS, the charter amendment proposed herein will be neither needed nor desirable if the ballot question posed in “Stop Rail Now’s” Petition 53 (2008) (“Petition 53 ballot question”) is placed on the 2008 general election ballot for a vote by the electorate; and

WHEREAS, the council wishes to place the charter amendment proposed herein on the 2008 general election ballot only if the ballot question posed in Petition 53 (2008) is not placed on the 2008 general election ballot; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu:

1. That it propose and it is hereby proposed that the following question be placed on the 2008 general election ballot; provided that if the ballot question posed in Petition 53 (2008), either in its original form or as it may be altered or restated pursuant to RCH Section 3-406, is included in the ballot language submitted by the city clerk to the chief election officer of the State of Hawaii pursuant to HRS Section 11 119(b), the following question shall not be placed on the ballot:

“Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel wheel on steel rail transit system?”

2. That it propose and it is hereby proposed that Section 6-1703 of the Revised Charter of the City and County of Honolulu 1973, as amended, be amended to read as follows:

“Section 6-1703. Powers, Duties and Functions —

The director of transportation services shall:

(a) Plan, operate and maintain transportation, including transit and bikeway, systems to meet public transportation needs, in accordance with the general plan and development plans, and advise on the design and construction thereof.

(b) Locate, select, install and maintain traffic control facilities and devices.

(c) Provide educational programs to promote traffic safety.

(d) Establish a steel wheel on steel rail transit system, provided that nothing in this subsection shall preclude the director from utilizing technologies other than steel wheel on steel rail technology to complement or extend the rail transit system.

(e) Promulgate rules and regulations pursuant to standards established by law.”

3. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Revised Charter of the City and County of Honolulu 1973, as amended, the revisor of the charter need not include the underscoring. If these charter provisions are amended by any other charter amendment approved by the electors at the 2008 general election, the revisor of the charter, in revising, compiling, or printing the charter: (1) may designate or redesignate articles, chapters, sections, or parts of sections and rearrange references thereto and (2) shall, except as otherwise expressly provided in this resolution or in the other resolution(s) amending these charter provisions, give effect, to the extent possible, to all of the amendments approved. The revisor of the charter may also change capitalization or the form of numbers and monetary sums for the sake of uniformity.

4. Unless, pursuant to Section 1 of this resolution, the charter amendment question posed herein is not to be placed on the 2008 general election ballot, the clerk be and is hereby directed:

A. To prepare the necessary ballots with the question contained in this resolution and with spaces for “yes” and “no” votes on the question for presentation to the electors at the 2008 general election. The city clerk may make technical and non-substantive changes to the form of the question presented in order to conform it to the form of other charter amendment questions presented to the electors at the same election; and

B. To publish the above-proposed charter amendments at length in a daily newspaper of general circulation in the City and County of Honolulu at least 45 days prior to its submission to the electors at the 2008 general election.

5. That upon approval of the charter amendment question posed in this resolution by a majority of electors voting thereon, as duly certified, the charter amendments proposed in this resolution shall take effect on January 2, 2009.

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