LIHU‘E — An agenda item posted last week for the monthly Charter Review Commission meeting Monday has raised the eyebrows of community members.
Some residents fear county officials are trying to raise the required percentage of voter signatures to put a charter amendment question on the ballot through a citizens’ petition.
“As the proposer of this measure, let me make it very clear: If the whole island, as a speaker suggests, believes that we’re trying to increase the number of signatures required on a Charter amendment petition, that is not the intent,” Commissioner Jan TenBruggencate said.
The agenda item asked for discussion and possible decision-making on changing the required voter percentages for two sections of the Kaua‘i County Charter. And that’s all it did.
One of the charter sections, 24.01 B, says that charter amendment petitions can be introduced on the ballot via signatures of 5 percent of registered voters. The other section, 22.03 C, says that initiatives and referendums can be introduced on the ballots via signatures of 20 percent of eligible voters.
TenBruggencate said the charter is how the county is run or organized. Initiatives change laws, which are regulations that we live by, and a referendum would nullify a law.
Kapa‘a resident and self-described nitpicker Glenn Mickens said it’s the perception of the public that the agenda item proposes to raise the percentage of the required signatures, and questioned why was the item even brought up if that wasn’t the intent.
“If it wasn’t broken, why try and fix it?” said Mickens, adding that the public is saying it’s tough enough to get signatures from 5 percent of registered voters. “Whether it’s a misconception or not, that is the perception of the public at this stage of the game.”
Other community members also had the same perception, including written testimony sent in advance.
“The Wailua Kapa‘a Neighborhood Association strongly opposes the charter amendment’s proposal to increase the number of voter signatures required for a petition to amend the County Charter,” states a letter co-signed by W-KNA Chair Rayne Regush and W-KNA secretary Sid Jackson.
North Shore resident and community leader Carl Imparato sent the commission written testimony in which he stated “strong opposition” to any proposal to increase the number of voter signatures required to amend the charter.
TenBruggencate, visibly irritated that his proposal had been misinterpreted, said he never said the intent of the proposal was to raise the required signatures.
“That is not a proposal that is before this commission. That is not a proposal that has ever been before this commission.” he said. “Let’s be very clear about that.”
TenBruggencate said the item was on the agenda to bring out discussion between the disparity of the numbers of signatures required for petitions in both sections of the County Charter.
He said the discussion may involve raising some numbers or dropping them.
“But we have no definitive proposal to raise anything at this time,” said TenBruggencate, adding he was pleased to hear from some members of the public that they didn’t want to raise any numbers. “That’s part of the discussion that we’ve been trying to have.”
Newly appointed Commissioner Ed Justus said when he first read the agenda item he thought it was about lowering the required signatures.
“I’m surprised to see that a lot people thought it was about raising it,” Justus said.
More confusion
Adding to some of the confusion, some questions regarding the charter language had no immediate answer from Deputy County Attorney Jennifer Winn or County Clerk Peter Nakamura.
When Justus asked Winn what was the difference between registered and eligible voters, she said she couldn’t answer it. “I would have to do research,” Winn said, adding that they have different meanings.
Chair Sherman Shiraishi said eligible voters could be anyone over 18 years old, “and that could be very cumbersome.”
Nakamura said he doesn’t have experience with initiatives and referendums, but his staff has processed two charter amendment petitions.
“I’m very clear on what the requirement is for charter amendment petitions,” said Nakamura, asking for time to allow some research regarding the last time an initiative was on the ballot.
“Then I can go back and see historically how they identified that particular group,” said Nakamura, adding that he’ll also compare with other jurisdictions in Hawai‘i to see what language they use.
TenBruggencate said the last time a referendum was passed via public petition was in 1980, when the Kaua‘i County Council had changed land near Wailua Golf Course to resort zoning from agricultural zoning. A citizen referendum put on the ballot brought the land back to agricultural zoning.
However, three years later, following the aftermath of 1982’s Hurricane Iwa, the area was rezoned again as resort area, TenBruggencate said. After the hurricane the economy was down and people wanted development, he said.
The commission deferred until next meeting any action on the agenda item.
“I don’t think we can make a decision pending Mr. Nakamura’s opinion,” Shiraishi said.
The commission meets at 4 p.m. every fourth Monday of the month in Meeting Room 2A/2B of the Mo‘ikeha Building in Lihu‘e, next to the Department of Motor Vehicles.
Signature requirements by county
Charter amendment
County of Kaua‘i
Signed by not less than 5 percent of the voters, registered in the last general election (Charter section 24.01 B)
City and County
of Honolulu
Signed by duly registered voters equal in number of at least 10 percent of the total voters registered in the last regular mayoral election.
County of Maui
Signed by not less than 10 percent of the voters registered in the last general election.
County of Hawai‘i
Signed by qualified electors equal in numbers to at least 20 percent of the total ballots cast in the last preceding general election.
Initiative petition
County of Kaua‘i
Signed by not less than 20 percent of the number of eligible voters in the last preceding general election.
City and County of Honolulu
Signed by duly registered voters in equal number to at least 10 percent of the total voters registered in the last regular mayoral election. An initiative special election requires duly registered voters equal to 15 percent of the duly registered voters in the last regular mayoral election.
County of Maui
Petitions must be signed by not less than 20 percent of the total numbers of voters who cast ballots in the last mayoral general election.
County of Hawai‘i
Not specifically spelled out but “is found to be insufficient if signed by registered voters of the county equal in number to less than 15 percent of the number of persons who voted for the office of the mayor in the last mayoral election.”
