Voting Explainer: Kauai 2024 Charter Amendment Voting Questions

Kauai voters will have the opportunity to weigh in on five charter amendment issues in the November election.

The issues revolve around his police commission, recommendations to control spending, expanding the open space fund, protecting the county from financial loss and youth civic engagement.

To get on the ballot, the charter amendment questions were approved by the Kauai Charter Commission. It is a seven-member body appointed by the mayor and approved by the county council. After this, the amendment is considered adopted if the number of votes “for” on the issue exceeds the number of votes “against”.

Statutory Question 1:

“Shall the 90-day period for written communication of the results of an investigation to the Police Commission begin upon receipt by the Commission of the investigation report?”

This question asks whether the police commission should have more time to carry out investigations. The commission is currently required to conduct an investigation and issue a report within 90 days.

What does voting “yes” mean?

The investigation and reporting process will be divided into two parts. The commission will not have any time frame for conducting an investigation. However, once the investigation is completed, the commission will have 90 days to prepare a report.

Supporters say it will allow the commission to take on bigger cases and do its job more thoroughly.

“There are times when complaints are filed against the department or its members where the commission decides to bring in an outside investigator,” Kauai Charter Review Commissioner Jan TenBruggenkate said.

“If that happens, they will have to go through the government procurement process, which can be time-consuming.”

Statutory Question 2:

“Should the Cost Review Board be empowered to recommend cost increases if they are expected to result in future cost savings or efficiency gains?”

The Expenditure Review Board, which reviews government performance and recommends cost-saving measures, is currently not allowed to make any recommendations that could be considered cost increases, even if they lead to savings in the future.

That question is whether that should be changed so that the commission’s recommendations include upfront cost increases if it will save the county money in the future.

What does voting “yes” mean?

This will allow the Cost Review Board to make recommendations that may cost the county more initially but will save money in the future.

“There may be a situation where buying software could result in savings down the road, but that software could cost a lot of money up front, so the cost control panel can look at that and if they think, ‘Hey, the savings are worth it,'” said TenBrugenkate.

“This gives them the power to recommend expenses to save later.”

The Expenditure Review Panel is merely an advisory body and this will only affect the recommendations it may make. Ultimately, adoption of any commission recommendations will depend on the county council and mayor.

Statutory Question 3:

“Should up to 5% of the County Open Space Fund be available to maintain lands, titles or improvements that have been paid for by the Fund?”

The County is required to contribute at least one-half percent of property tax revenues to the Open Space Fund, which is designed to acquire and protect natural lands and outdoor recreation areas.

The ballot question asks whether up to 5% of the fund should be used to maintain these lands.

What does voting “yes” mean?

This will allow up to 5% of the Open Space Fund to be used to maintain lands acquired through the fund.

TenBrugenkate explained that this will help community volunteer groups who care for the properties.

“I think it’s no good buying land and then letting it become overgrown with buffalo grass and albizia and then no one can use it,” he said.

“We have many community groups on the island who are willing to devote resources, time and energy to maintaining public spaces. We’re just trying to help them.”

The district has allocated about $1.1 million to the fund this year. A yes vote would allow 5% of the entire fund, not just this year’s allocation, to be used for maintenance.

Statutory Question 4:

“Should the Charter be amended to permit the use of insurance policies for certain or all employees to protect the District from financial loss?”

It is standard practice for municipalities and governments to purchase protection policies for employees who handle money. The policy is intended to protect the district from financial loss if an employee mismanages the district’s finances.

Kauai’s bylaws currently state that she can only use surety bonds. This question asks whether the district should also be able to consider the insurance policy when deciding what financial protection is appropriate for the district.

What does voting “yes” mean?

This will give the district more flexibility in choosing coverage to protect itself from financial loss. Instead of limiting himself to just purchasing a surety bond, he could consider purchasing an insurance policy if that were the best option.

“What we’re hearing now from county insurance agents is that surety bonds are very hard to get these days and they’re expensive,” TenBruggenkeit said.

“We can get the same coverage by protecting the county from loss with an insurance policy.”

This question was asked of Kauai voters in the 2022 election, but it failed.

That’s why TenBruggencate wants to make sure it’s explained correctly this year.

“We think it was rejected because the Charter Commission didn’t explain it well enough,” he said. “This will allow county finance people to look at the landscape of vehicles that can be used to protect the county from financial loss and buy a surety bond if that makes sense or buy an insurance policy if that makes sense. meaning… It gives them a choice.”

Statutory Question 5:

“Should the Charter be amended to establish ex-officio positions for youth on boards and commissions to be filled by juniors and seniors residing on the island of Kauai?”

This question asks whether the district should develop a program to allow junior and senior high school students to serve on district boards and commissions. High school students will not be allowed to participate in executive sessions and will not be able to vote on official matters before the commission.

What does voting “yes” mean?

It would allow the district to create a system for nominating junior and senior high school students to serve on boards and commissions. The student must be a resident of Kauai and be an ex-officio member. This means they cannot attend executive sessions or formally vote on matters considered by the commission or board on which they serve. However, they will have the opportunity to participate in board or commission discussions.

The question arises because Laakea Chun, a graduate of Kawaikini Public Charter School, proposed changes to the Charter Commission as part of her senior project.

“The reason we thought this idea was so great is because we have enough trouble getting young people involved in public policy discussions,” TenBruggenkeit said.

“This will create a group of young Kauai residents who understand how county government works and who can become future leaders. I could foresee them holding important positions in the district or even running for elected office. It’s a good way to give these kids a little experience of how their government works.”