Kauaʻi voters will have the chance to weigh in on five charter amendment questions in the November election.
The questions are related to its police commission, cost control recommendations, expansion of the open spaces fund, county financial loss protection and youth civic participation.
To get on the election ballot, charter amendment questions were approved by the Kauaʻi Charter Commission. It’s a seven-member body appointed by the mayor and confirmed by the county council. From there, an amendment passes if the “yes” votes on the question outnumber the “no” votes.
Charter question 1:
"Shall the Police Commission’s 90-day window for reporting written investigation results start when the Commission receives the investigation report?"
This question asks if the police commission should have more time to conduct investigations. Currently, the commission is required to conduct an investigation and issue a report within 90 days.
What does a “yes” vote mean?
It would split the investigation and reporting process into two parts. There would be no deadline on the commission to conduct the investigation. However, after the investigation is completed, the commission would then have 90 days to issue its report.
Those in favor say this would allow the commission to take on bigger cases and do a more thorough job.
“There are cases when there are complaints against the department or its members when the commission chooses to bring in an outside investigator,” said Kauaʻi Charter Review Commissioner Jan TenBruggencate.
“If that happens, then they have to go through the state procurement process and that can eat up a lot of the time.”
Charter question 2:
"Shall the Cost Control Commission be authorized to recommend increased costs if they are expected to generate future cost savings or efficiencies?"
The Cost Control Commission, which analyzes government operations and recommends cost-saving measures, is currently not allowed to give any recommendations that would be considered an increased cost — even if it would generate future savings.
This question is asking if that should be changed to allow for the commission’s recommendations to include upfront cost increases, if it would save the county money in the future.
What does a “yes” vote mean?
It would allow the Cost Control Commission to offer recommendations that may cost the county more at first but would save money in the future.
“There might be a situation in which buying a piece of software could result in savings down the road, but the piece of software might cost a lot of money upfront so the cost control commission could review that, and if they thought, ‘Hey, the savings are worth it,’” TenBruggencate said.
“This gives them the authority to recommend an expenditure in order to gain savings later.”
The Cost Control Commission is just an advisory body and this would only impact the recommendations it could give. It would ultimately be up to the county council and mayor to enact any of the commission’s recommendations.
Charter question 3:
"Shall up to 5% of the County’s Open Space Fund be available for the maintenance of lands, property entitlements, or improvements that were paid for by the Fund?"
The county is required to deposit at least half a percent of real property tax revenue to the Open Space Fund, dedicated to acquiring and protecting natural land and outdoor recreation sites.
The question on the ballot asks if up to 5% of the fund should be used for the maintenance of those lands.
What does a “yes” vote mean?
It would allow up to 5% of the Open Space Fund to be used for the upkeep of the lands acquired through the fund.
TenBruggencate explained that it would help the volunteer community groups that take care of the properties.
“My view is it's kind of useless to buy the land and then let it get overgrown with Buffalo grass and albizia and then nobody can use it,” he said.
“We do have a lot of community groups around the island who are willing to commit resources, time and energy to maintain public places. We're just trying to help them out.”
This year the county appropriated about $1.1 million to the fund. A 'yes' vote would allow 5% of the entire fund — not just this year’s appropriation — to be used on maintenance.
Charter question 4:
"Shall the Charter be amended to allow the use of insurance policies for certain or all employees to protect the County against financial loss?"
It is standard practice for municipalities and governments to purchase protection policies for employees who handle money. The policies are there to protect the county against financial loss if an employee mishandles county finances.
Kauaʻi’s charter currently says it can only take out surety bonds. This question asks if the county should also be able to consider an insurance policy when deciding what financial protection is right for the county.
What does a “yes” vote mean?
It would offer more flexibility for the county to decide on the coverage to protect itself from financial loss. Instead of being limited to just purchasing surety bonds, it would be able to consider purchasing an insurance policy if it was a better option.
“What we're learning now from the county's insurance agents is that surety bonds these days are very difficult to get and they're expensive,” TenBruggencate said.
“We can get the same kind of coverage, protecting the county from loss through an insurance policy.”
This question was asked of Kauai voters in the 2022 election, but it failed.
That’s why TenBruggencate wants to ensure that it’s properly explained this year.
“We think it was turned down because the Charter Commission didn't explain it well enough,” he said. “What this would do is to allow the county's financial folks to look at the landscape of vehicles that can be used to protect the county from financial loss and to buy a surety bond if that makes sense, or to buy an insurance policy if that makes sense... It gives them the choice.”
Charter question 5:
"Shall the Charter be amended to establish ex-officio positions for youth on Boards and Commissions to be filled by Kauaʻi resident high school juniors and seniors?"
This question asks if the county should set up a program to allow a high school junior or senior to sit on county boards and commissions. The high schoolers would not be allowed to participate in executive sessions and would not get a vote on official business before the commission.
What does a “yes” vote mean?
It would allow the county to set up a system to appoint a high school junior or senior to serve on boards and commissions. The student would be required to be a Kauaʻi resident and would be an ex-officio member. That means they could not attend executive sessions or have an official vote on matters before the commission or board they serve on. However, they would have the opportunity to participate in board or commission discussions.
This question is because Laʻakea Chun, a senior at Kawaikini Public Charter School, proposed the change to the Charter Commission as part of her senior project.
“The reason we thought this was such a great idea is because we have enough problems engaging young people in public policy discussions,” said TenBruggencate.
“This would create a cadre of young Kauaʻi residents who understand how county government works and who could be future leaders. I could foresee them serving in important positions within the county or even running for elective office. It’s a good way to get those kids a little experience in the operation of their governments.”
