StarBulletin.com

The Big Island Charter questions


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POSTED: Saturday, October 18, 2008

Ballot Question

Should the Hawai'i County Code be amended to add a new article that would be titled and known as the “;Lowest Law Enforcement Priority of Cannabis Ordinance,”; which would:

• Direct the county to make law enforcement related to Cannabis (marijuana) offenses, when the Cannabis is only intended for adult personal use, their lowest law enforcement priority.

• Define “;adult personal use”; to include the use of Cannabis on private property only by persons twenty-one years of age or older.

• Prevent county law enforcement officials from accepting deputization or commissions from a federal law enforcement agency for purposes of investigating, citing, or arresting citizens or searching or seizing their property if doing so is inconsistent with the lowest law enforcement priority of Cannabis ordinance.

• Prohibit the Hawai'i County Council from authorizing the acceptance of or issuing funding to be used to investigate, cite, arrest, prosecute, search or seize property from adults when doing so would be inconsistent with the lowest law enforcement priority for Cannabis policy.

• Direct the County Council not to support the acceptance of any funds for the marijuana eradication program?

Ballot Question

PROPOSAL 1: Leeward and Windward Planning Commissions.

Should the County Charter be changed to increase the number of planning commissions for Hawai'i County from one for the entire county to two, a windward planning commission and a leeward planning commission?

Ballot Question

PROPOSAL 2: Initiative and Referendum.

Should Article XI of the County Charter, Initiative and Referendum, which authorizes voters to create, approve, or reject laws by popular vote, be amended by:

• Providing that ordinances approved by initiative cannot be amended by the County Council for at least three years, except by a two-thirds vote.

• Giving the petitioner's committee, rather than the county clerk, ultimate responsibility to provide a ballot title, question, and summary prior to the circulation of any petition.

• Requiring notice if the petition circulators were paid for their services.

• Changing identification requirements for electors signing petitions to add their month and day of birth and the last four digits of their Social Security number and remove the requirement to include their residence address.

• Requiring the publication in two daily newspapers with the largest circulation the ballot title, question, summary, and arguments for and against the measure for three Sundays preceding the election.

• Adding a section of definitions to clarify terms.

• Extending some of the timeframes for submission and review of petition documents?

Ballot Question

PROPOSAL 3: Office of the Legislative Auditor.

Should the County Charter be changed to establish an Office of the Legislative Auditor to perform independent audit functions and that would:

• Give exclusive authority to the County Council to appoint the legislative auditor to a six-year term, subject to removal for cause by a two-thirds vote of the County Council.

• Set minimum qualifications for the legislative auditor.

• Make the legislative auditor, not the county clerk, the administrative head of the office.

• Clarify that the legislative auditor has the authority to conduct performance and/or financial audits of any County agency or program;

• Grant the legislative auditor full access to any county employee or record not protected by law.

• Grant the legislative auditor full access to property, facilities, or equipment of any county agency or program.

• Authorize the legislative auditor to administer oaths, subpoena witnesses, and gather records pertinent to the audit.

• Hire an outside attorney?

Ballot Question

PROPOSAL 4: Civil and Criminal Penalties.

Should County Charter section 13-11, Penalties, be changed to double the maximum fine for criminal penalties and make distinctions between civil and criminal penalties for violations of the Charter, ordinances, and rules and regulations?