What power and responsibilities are specifically granted to the council and its members?
The County Charter is essential reading for those serious about this question and understanding how the county works. (see paraphrased quotes) The charter can be found at www.kauai.gov.
To be absolutely unequivocally clear, council members cannot tell county workers what to do. They’re not the boss of any county employee other than their own office staff.
“In dealing with County employees neither the Council nor its members shall give orders to any such employee or officer either publicly or privately. Any willful violation by a member of the Council shall be sufficient grounds for an action for his removal from office.”
If a council member tells a county employee how to do their job, which road to pave, permit to grant, or restroom to clean etc — that council member could be removed from office.
The main council responsibility seems obvious:
The mayor administrates and the council legislates. Their job is to pass county laws. “The legislative power of the County shall be vested in and exercised by the County Council.”
The most important law is the county budget ordinance which funds the operation of every department. “The Council shall enact an annual budget ordinanc … and shall provide sufficient revenues (property taxes) to assure a balanced budget.”
The council reviews the mayors budget proposal and decides which programs to grow and which to shrink. The council also establishes property tax rates and structure.
While the council may not tell county employees what to do, it is responsible for and empowered by the charter to provide oversight of county operations via its audit and investigatory authority.
“To ensure and determine whether government services are being efficiently, effectively, and economically delivered, the council may at any time provide for a performance audit of any county operations.”
However, the council has never in recent memory utilized this power. They authorize financial audits of the budget, but have chosen not to conduct management or performance audits of individual county programs or departments.
We’ve all heard horror stories of inefficient government agencies — wasteful spending, excessive overtime, understaffing, overstaffing, poor cash control, and filing systems that consist of card board boxes piled upon other card board boxes.
The purpose of performance/management audits are to identify inefficiencies and recommend solutions. During the course of these audits more serious problems may also be discovered.
“There is established within the legislative branch an office of the county auditor … who shall be appointed by the county council.”
Thus, it’s the councils responsibility to hire thecCounty auditor which they have not done for a long, long time.
Initiating an audit or investigation into a county agency or program would no doubt irritate and anger those who might be the subject of such an review – and thus carries a political price. Consequently it’s rare (as in never) that the council will initiate such an action.
Government waste, fraud, abuse, misfeasance, and malfeasance at all levels are often in the headlines. Every county in Hawaii has had employees go to jail this past year for theft or bribery.
“The Council shall have the power to conduct investigations of any agency, subpoena witnesses and compel the production of books and papers.”
When there’s evidence of serious problems in any department or program, perhaps something that comes up during a performance or management audit, the council has the power and the duty to investigate. But they don’t or at least they haven’t, because of course no such audits occur.
There you have it. Council members are not the boss of any county employee except their own staff. They’re empowered to pass laws (which they do) and provide oversight of all county programs via their audit and investigatory authority (which they don’t).
The county council is not getting paid. The money is coming from family.
What are you talking about ? Kauai County Council members get paid $78,000.
So the Council sets county employee salaries ? Or who does ? How does Kauai County’s employee budget compare with those of other similar sized counties ? Is our county employment force bloated or lean ? Are they overpaid or underpaid ? How does our Mayor’s salary and our Council members’ salaries compare to those of another similar populated but very popular tourist destination ? If nobody is auditing departments is anybody auditing salaries ?
You’re one of those dreamers. Did you take a look at their resumes? Bernard Carvalho? Mel Rapozo? Billy Decosta? County Councilmen. It says flunk out. No records. As in IRS forms. Degree, none. That means their reading comprehension is 4th grade level.
Even though they have rules in who can run for office, that still doesn’t do good on how will run for office. Still yet not qualified or quality work are some people. 1st amendment, free choice. To not get paid.
Mahalo, Gary.
P.S. wonder if we will ever get a County Auditor ? The only way to do that would be to hire a mainland firm to audit. Any one person would be crazy to try to work their way through our tangled systems.
Update and clarification. The wages of County employees is set by collective bargaining and council action to approve and include in the budget. The authority to hire an independent auditor also includes the authority for auditor to hire appropriate support staff – but the $ for this also must be approved by council. The performance and management audit functions that are not now being conducted are separate from and in addition to the regular financial and budget audits that are now conducted regularly by independent auditors.
very important to have audit/monitoring of money and activities in our county government. People are greedy and selfish when given opportunity- need monitoring to assure people are behaving with integrity!!
I don’t know if this is going to apply to “locals” rule only. As in our county councilmen and their resumes. But I’ll give it anyway. Any of you have a car? And you wanted to change your radio to Pioneer. So you went and ordered a radio. Then you had your tools ready. What happened? Finished it or not? Tell the truth. How’s you feel after when you finished it? Great. Pretty good. Nothing, to it. easy. Just went to the shop and paid more to fix it. Which one? Why? Because it’s a hobby or because you are just richer than the average joe and don’t mind. Your mindset is what i mean. On who you are? And what you do for a living? On making money. That’s the issue.
How much does the county auditor make? And his support staff. Which is approved by a county councilmen. Plural. And as usual, the county auditor request resumes. Degree, portfolio, experience, and pay. How many of the 7 county officials gave portfolios to get $78,000 dollars? To Ainakea. Or whatever the codename was.