thank you chair for individuals who will be testifying here in the chamber please sign up at the desk if you will be testifying from one of the remote testimony locations specified on the meeting agenda except for not what i see here today please sign up with district staff at that location testimony is limited to three minutes two and a half minutes i will let you know that you have thirty seconds to conclude when you begin your testimony please state your name and the name of any organization you are representing we have it a stablished a connection to the district offices to be fair we overtake between the offices office is there anyone wishing to testify thank you don molokai offices or anyone wishing to testify we have three people signed up to testify in the chamber the first person signed up is governance i would like to ask and move that this particular option there's three options there and i support option number one and i say this because my actual gut feeling is to have  mayor i would like as a resident of mali to see just a manager but i know that is not possible with the kinds of very close and tight relationships we have here and many people are are accustomed to having a mayor that being said the reason i support option number one to me is it's very much like the system we seem to have now we do have a managing director that should be managing the county and instead as we see with the kinds of lapses in trash services with the kinds of things like the p card investigation and issues that these things aren't being handled adequately enough and they have aren't handled efficiently enough and so i believe that we need to have a manager we need to have somebody that can look out the qualifications in the experience of people that are coming up for a department chairs for department heads for heads of of who ease that were well i actually be tasked with with coming out with an outcome and especially when we look at the budgets that we have for different departments it is very crucial that we have people in those departments and heads of those departments that have the experience and the knowledge to do those particular things and not because they share some sort of special relationship with the with our head of state so to speak at the moment our mayor i do support this because i am disappointed in our current structure as i have briefly mentioned and the practice of disappointing people based on our relationships we know that my we county in fact all of this is what we thrive on our relationships with each other and we need to keep these relationships and if the current structure is not a point of structure and it is not working for all of us and it does not work for all of us if it's only working for a field us that doesn't work and so we really do need to look at something that will be positive that will be efficient that will be offensive and so i ask that you support option one i am looking for quality and accountability we already have enough of the bloated staff we need to do something about it so thank you for a mayor is pretty much required by h r s for emergency emergency powers and so on so having a proposal without a mayor would make it very difficult because a lot of state law and i believe in federal would have to be changed i understand that as i was saying i support your i support the option one that the temporary group had given my own personal feelings are did not do away with it but i understand based on our rules that we do have to have some form of head and so looking at the three options that are here to me option number one would be the a lot of what is your name again i'm sorry i'm trying net for toto jeanette i have a question for you and you don't necessarily have to add just the need to think about and it is a is a challenging question it is a question i posed to my friends when we talk about doing away with the mare and appointing an executive officer who will be selected by the legislative committee so i do understand here that a lot of poor frustrated with the current system are you frustrated enough to the point that you're willing to relinquish your great to have a choice and with a parse it is an executive branch indeed because the rights of the choices right now have been choices that are not serving the entire the next person signed up to testify is rosemary robbins two page resolution that's coming up and would like to speak to the departments involved in this the first one i'd like to address is the board of water supply the board now and these a volunteer people in the community you give us the page numbers yes page twenty six thank you thank you i'm sorry i missed that and the board of  supply nine members who are the appointed by the mayor with the approval of the county council and the director of the department of planning and the director of the department of public works will both be non voting  of the board of water supply so remember these are going to be two other environmental folks who are going to be there that will also have been appointed by the  r ok so we hope that any influence they would have would be positive over onto page twenty seven on the po section eight dash eleven point six point powers and duties it talks in here about the administrator the director of the department of water supply shel administer affairs at the department of water supply and be responsible for the day to day management and control of the oil and water control of all the water systems in the county we've had some disruption about this heavily fined for recently so we need to be careful about that the revenues of the department of water supply and shelby such to make the department of water supply self supporting i don't know where up to cope with three million and other hundreds of thousands in order to hire extra journeys suppose stuff that didn't get done by the one that the director of environmental shell have had we're talking about time passed before he or she comes into that capacity and administrative capacity or  public service a private service doesn't say anything about knowing stuff about the environment immediately and it's been asked at this podium before the same way with the water director and the deputy water director if a in an engineering proof if it's aeronautical engineering how does that help so i really think and it's because it has been said here more than once that we need to make sure that and what these special days are and thank god there are higher institutions have specialties and that but most of them don't so whoever the head hunters are that you might be working with to this and some of your comments it's a little bit beyond our scope to make some of those changes so if we don't do them it's not because we're not listening it's we don't have the power to do that our next person signed up to testify is paul chain's  brown mr chair of our law members of the committee i just wanted to come by to thank you to thank you for your consciousness for your seriousness for your care in making the work that you've done be as thorough as it has been i'm really proud of the work that you've done it's a testament i think to our form of government when a group of citizens can come together and advise the government about ways in which it can change for the betterment of all the people and you all have taken that responsibility extremely seriously and come up with a plan i think that really is excellent the choices that you've given offer the counsel the opportunity to make a real clear decision about how the future of our community is going to be governed it's really exciting and my hope is that when it passes out of this committee that the policy intergovernmental affairs committee w put it back to the council for the votes that are necessary to get it on the ballot in november so the people can have an opportunity to weigh in on this measure and i'm really proud of  i'm proud to have this opportunity to address you and thank you so much for everything that you've done questions thank you very much chair the final person in the chamber signed up to testify is john grant sure you know more than i do about that you're into a study on it and the main reason that people want to change is the mate that we have right now and the situation we have right now i'm not going to personalities the situation where we had a candidate for  understanding no knowledge no patience or training was given the management of a department that's very important to the people we can't have that we need professional managers i was a government employee for thirty years in california i mean i know the fight you have to deal with every day it's tough bu in we can't just you plate and things like that that's one of the managers our county manager in this case thank you let me speak and thank you for all what you've done thank you thank you thank you any questions of the thank you for your comments and  agencies we you know we looked into different options it was possible that if a proposal the move forward did not have a mayor that the legislature in the next session would in a way have to react to it and change h r s but it's no surety that they would do so and also you know it fell felt that the position of mayor is really important in terms of having checks and balance with a veto and also as the voice of the county i mean with that in mind do you feel that personally don't think it makes a difference you know as the executor runs the show should professional if you have a mayor who is who does other stuff that's ground but we need a professional person to continue to management continuity of management thank you all very much i thank  is there anyone waiting to testify in one basically what we need to do today is adopt the resolution and i know it's a little bit long we've had i think you got it we received the resolution a few days ago and i think today they handed out some other red line changes so  i guess what we can do at this point is open up the floor for discussion on the resolution to our to first of all i really want to express appreciation to the staff for the great work and this i think  was really well done and i don't have any substantive issues i am curious about the revision on page five of revisions let me explain if you're taking something out you put a crack at surround it and if you put something in your underlying so that's what you'll see every visions throughout so are the items he had read with it and just giving it a cursory look looks like it's just kind of clean up housekeeping and nothing substantial no substantial changes from what we got on friday the ballot if at all and that's on page forty one of the ballot question are the the committee should focus on that question as originally stated it was like three forty read it changes at managing director point by the county council shall be responsible for the county's daily operations instead of an elected mayor the appointment and removal of the parent heads the implementation of county policy provided that the elected mayor shall continue to represent the county in our governmental affairs approve or veto bills and nominate members to county boards and commissions my concern is in th third line ingests shall be responsible for the county's daily operations instead of the late and elected mayor it seems a little confusing when you if it's like  the connection to be made a little differently and to time that grammatically it seems awkward to me and maybe the continued use shall be responsible for the county's daily operations the appointment and remove all of the department heads in the implementation of county policy the ad elected mayor shall continue to run present the county of that inner governmental affairs to prove her feet tails just seems comes from us so we're trying to tell the council what they should do ok which we're providing them with yes ok mr chair if you want to go through page by page or whatever and it's just that when i got to the last page looking at i hadn't gotten to the last page for the red changes occur and that is that isn't what i'm what i'm suggesting is just clean up the language i'm sore tomorrow for me i was under the impression that these sixteen would continue on with the council members not directing the managing directors hire easer appointees just because of you know the chain of command structure and micromanage the council tells a director to do one thing and it's not what the managing director is instructing them to do that could create a problem and if we're to hold the managing director ultimately accountable then the directors need to answer to him and then the council can give input to the managing director and he came follow that chain of command but if we changed where i mean if we leave it the same w we know that the marriage is not going to have any appointees it seems not correct because of the micromanaging aspect and the two different  bosses essentially if the council is allowed to tell the director what to do they should do it through the process of chain of command which is talking to the managing director and allowing the managing director to actually manage rather than having any of that in mind council going to them and then each of the council member could have a different request and it to me it makes it very confusing that way i would prefer to change the word to the managing direct give orders to any county employees or to county officers other than the managing director the county officers aren't aren't all the boards and commissions that are appointed by the   so the council gave us direction this committee direction so i'm just wondering how that is handled did vs the cultural bracket and so on my understanding is what is happening in section three dash eight is a three dash eight will remain precisely as it is now the way it's laid out at pages eight nine of the charter book and other words what it's saying is that neither the council lords members shall dictate the appointment or removal of any office or employee appointed by the mayor and then the second part bosses and don't tell me a quorum or less than a quarter will bring the managing director in his office and don't i want this to happen don't tell me that's not going to happen is very inconsistent jumping we have forty one pages to look at and not all of them were touched by mr khushi if we could take page one and start there and deliberate and get past it and move on right now we're going f i'm still confused i thought the recommendation was to have the man's team director reporting to the chair of the council and in this as written here this doesn't allow the council to the way it was done by staff no council member can direct them to that  that's the gist of it researcher and so tomorrow's point is wait a second we're supposed to be taking politics out of this thing we're leaving it in with mr coo she's a man we're something's not right so what we've got to decide i believe is to mars position versus the other position but wasn't that already under that it was the head of the chair of the council and this takes it either of the choices that i as i understand it is he doesn't he's not reporting to the council at all or use recording to the entire body that helpful and i think either one of those are or consistent with what the recommendations were of the report let me see what it says i don't see that do you have it it's a contracted employee by written employment agreement selected by the council vetted by professional independent recruiting firm up to can't submit candidates a council final selection by council ma job description prepared by department of personal services with assistance no term limit powers are performs responsible management critique you said this is this section three point eight it's just silent now it's what no it's silent on the issue of him can direct the managing director if i'm reading it right you know i can only relate to a practical point of view it is generally what happens is the managing director sits at every council meeting through every council maybe from beginning to e that because a council member can't say well the council by opinion but the council thought about this is and you should do this curious assuming the managing director will sit in on every meeting yes they do they do yes they say yes well my experience they did so it's pretty standard procedure the managing director knows every other friday meetings is there for the hall meeting especially on policy issues they're there only every other friday because because the managing director wants to be clued in on what's going on from every aspect and where every council member is and could managing director he's going to know yeah but as we heard from our research that not be we shouldn't assume that's why we're going back and forth and this whole point here is because you know so if it's not written and we shouldn't assume they're going to be at every meeting we hope that we will be but it's not written well you're not going to write in every standard practice but that's standard practice so we have a decision to make on this particular language earlier go with stuff or and still confuse so so under this change the manager rector is still under the executive branch so if we don't modify three point eight the council has can talk to anybody in the suggested and if you agree upon it to leave number two as number one so giving the mayor appointing his own staff so my suggestion would be for this particular section keep section one as is and just make the revision to number two ideas that are passed on by the rest of the council that's the politics of it very you know it takes five for one to rise but that's a very tony but it's still no difference in the mayor very same task  or an opinion taken from the managing directors that's his call and he can be interfered with you make your choice and you you sort of live with it yeah i'm fine with it true especially in a life that we're recommending to the council and this is relates to the council's powers and if they want to change it that's that's up to them but i think leaving it as it else i'm going to as well i think what we need to realize what has happened with this resolution of this piece of paper here it's been did it several times we've got we've got our consul people helping us our staff people helping us and then now we're getting to the point where we're got the legal lease helping us so i think we should if we have a problem with that rate stuff which is what we've got to date and that's what we address and that's it other than that i would  beg to make sure we understand i'm not an attorney so you know probably is trying to help us all thank you very mu that's why i wanted to move it or i want to make sure that we all agree on some of its chair has been there were i mean there been substantial changes not only just in the red so those it in the absence of the mayor where it's at five it through it is looking for is it make perhaps is not no longer appropriate because it wasn't recommended or it wasn't included in their recommendations but we heard that people and the community felt that the mayor should be elected and at the way the vacancy in office works if the mayor is an able or unwilling to serve the managing director becomes the mayor the director of finance and they're the one that appointed everybody anyway basically but i think one thing the managing director be left left with the duty of performing as the managing director i i was not and the majority in the take on that and i was happy to go along with the  the majority of that committee and i'm willing to go along with it here though i think that is something that should be to liberated by the council the of its deliberations and will have i'm sure will have discussions at that level too so you know i wouldn't get too bogged down in the technical aspects because we'll be looking at it again anyway  just say yes or no to a question not multiple questions their issues were and you have a question would you know it option a option b you know it just confuses the whole issue against it and get a case law saying sorry i did have occasion to look up the legality of a ballot question with sub parts and there there was a supreme court there is a supreme court decision  will have notice what it means it further it did cite a case from out of state called state versus brown which basically says it's ok to have sub parts in a ballot question as long as they're related to a single subject so in our first in staff the first proposed version of the ballot question it does list it in three sub parts so mr crew she's point believe is valid that it could be confusing to a voter they might think that they have an option a b or c but that does not mean that you have to frame the question all you know one and one sentence although you could basically take your a and b in the original version and simply rather than saying a or b leave the a and b out but connected with say my code runs in one sentence do this a little differently so that me give it a stab at ok with mr coo g s looking over my shoulder so we make sure that it's perfectly clear to the voter at k so a managing director appointed by the county council shall be responsible for the county's daily operations comma the appointment and removal of department heads comma and the implementation after county policy ok the elected mayor shall continue to represent the county and intergovernmental affairs approve or veto bills and nominate members see county boards  when staff put in c it was with the idea that the ballot question would give what the new form of government would be in total which would be those three parts however the idea behind the revised version would be that it gives basically the region the revisions only so since we already have a county council and and the recommendation would not be detained in the at the powers of the county council  at least cooperation council bought it wasn't necessary to include them but that was the thinking as to why they were included in the original version see is that what you're talking about c c yes  so that the voters know that you can't use a will be you got to choose the entire ok and says that was the reason why they weren't separate sentences so wouldn't it serve the same purpose if you just put in a call and it and you know it's always been a k so so what i am proposing is the language in a with it including the semicolon and b five that in a very simple manner which is utilizing the revised wording a managing director appointed by the county council should be responsible to counter the daily operations instead of an elected mayor period and then the managing director will be responsible for the appointment and removal etc etc etc so we're just adding we're just stopping there after the word mayor and then once again putting in managing director i think that makes it pretty  that's what you're doing here i think what we've got to keep in mind is it's not easy to put in one sentence we're doing here this is this is a big big change and it needs to be as clear as possible and as honest as possible right and so i think by deleting reference to what you doing to the mayor's office would not be to make it clear so that the people of the citizens who are voting can make the best choice possible because many were going to come out are not aware of this issue or about what it really means especially with the fact that you're still  but the mayor has no power it is pretty much just a figurehead is really going to be confusing so they're trying to present all facets of this in the least most direct way without being  wordy i agree there and i think what needs to be to happen and that's why i don't like the word instead of an elected mayor in the middle because you're saying that you're going to have this director instead of me where we know what they were directors and should be and it managing director comma appointed by the county council comma responsible for the counties daily operations comma the appointment and removal of the department heads comma and the implementation of county policy so my colon and an elected mayor responsible for representing the county and intergovernmental affairs with the authority to approve or veto bills and nominate board and commission members period this guy did the second sentence i voted for this part whatever you separate that it always gives an analysis perception that you've got two volts or two options and  you she will go with that ok if you like me to read that again i agree with that and we can put a one sentence make sense question on on the bottom part you put shall be what what's the purpose of that is it just style or managing director point of a counsel shall be where's the section above doesn't have shall be that style or that  is different from everybody else's nor was my revision proposal if i may for rewording this thing grammatically easier would be a managing director appointed by the governor the county council sheriff be responsible for county's daily implementation of county policy instead and then with so you would just change take out the part that is says operation instead of an elected mayor move him to the ends of that statement and then say what his cool gun is instead of going wanting to know why they are voting for this amendment and i think the shelby is indicative or is good perception because we are now telling them that this managing director shall do this it is shall be responsible for the county's daily operations the appointment and remove of department heads and the implementation of county policy now do you want me to keep and or do you want me to stay provided that there shall be an elected mayor provided that any elected mayor responsible for to go and that's a period talk about we're not talking about the crimean committee report we're talking about the resolution and at the end of the resolution there is the actual wording from our perspective remember this is just a recommendation to the county council they can change this in any way shape manner or form but this is our recommendation on what the wording for a charter amendment should look like and the rest of it is the resolution showing the asked us to  motion that adopts the vote the resolution including the the charter language that's what we did that's all in the resolution if we adopt this resolution we're adopting the if i may be the motion on the floor is that this committee recommend to the council that they adopt the resolution with the proposed charter  the county council shall be responsible for the county's daily operations comma the appointment and remove all of department heads comma and the implementation of county policy semi colon and and he liked it mayor shall be responsible for representing the county and turk of our mental affairs comma with the authority to approve or veto bills come and nominate board and commission members period report it's a special committee on government governance and the last page it has all of our signatures so i don't think we need to meet anymore and i don't want to have a meeting just for the purpose of signing this there will be some changes made to this based upon some of the things we did today so i am asking you to find the time within the next week that reasonable is that sufficient or this week or do we do it this week that when the when when the committee report is finalized to come in and si i don't know i think you know in this day and age of cannot something's wrong so i hope it can be done electronically and send the hard copy back signed this chair are you talking about we're not going to discuss this today we can discuss it but i you know we can but i don't think we're going to take action on it ok but passing it said that there are any changes to for instance they each state on page seven let me finish my stuff and then we can go discuss it and then please be cognizant today because you got to sort of they told me in order to do this from some of us will actually put i do not concur or maybe with reservation but we have to state our position today ok ok let's talk about its contents ralph is chair the first thing in that i would ask is that the language be amended on page seventy what we just adopted or you said that would be changed language the revised charter to the county of ballet that language would be changed that's the title of the resolution ok could we take a just take a few minutes syria as you please and while you're reading keep in mind that we have an extensive review process in our office sharon and i worked on this only so far so that there will be revisions but it will be to the substance but there are many things the things that are removed this particular report is much longer than our normal reports are three pages or less at the bottom of page three and the final paragraph talking about mayor allen our cholera managing director keith regan and the paul kiley pony chair of cost of government a suggest provided after tried to be within thirty days after each meeting and who also have all of this it's already been uploaded to yes we haven't reached that when you know because i'd also like food if it's ok with the community attach the minority report but if there's strong opposition to the i won't do that five wait a second on page four second paragraph where there is said issues itemized number three directors qualifications all the others are modifiers transparency here lack of and i think and number three lack of director's qualifications the word  there is ok there is no real need to change the current form of governance because objective parameters indicate is working well e g the county has the highest municipal bond rating in the state the cost of government report specifically calls out this issue and has a disc lengthy discussion and the bond rating has nothing to do with their being a mayor or our county manager it has to do with the economic your doing the point the point that this paragraph makes is that it was a it was a statement that was brought up by members so i mean that's factual but it's not actual well they may not be correct but anything else you know anyone else you'll see the vote will change that well i'm sorry the vote will change it put everyone in there but there are two people missing today notified when it's done come in and sign a sorry for the inconvenience but let's stop for us to help them out for the members on more than i will send you separate if i may yes i just want to underline the importance of when you sign you know sign your name if you are going to sign anything else with your name then you need to say i'm now in the open meeting because you need to sign only your said in that if you're going to i think it's kind of what i said earlier that if you're going to sign anything other than just your street name if you want to put i do not concur or with reservations i think she's indicating that we need to somehow put it on the public record so for the record i will be signing i do not co yes ma'am may say the same thing i will be signing it but i do not concur i will sign on and again i do know pukar thank you i don't know what we do for the other two members that are here my speculation is they would probably sign a non concurrence for the record but i can't speak for them but i think they've spoken for the last six months ok jonathan can we take action to adjourn after the completion of the committee report but i don't what i do need before we even contemplate that is i do need a motion to file the correspondence dated december seventeenth two thousand and fifteen that's the thing that created us and if we don't file it and put it back it doesn't the whole thing doesn't go back to the council can i make them motion but with an affective date which is the date of the committee report b i think i'm out to us can we follow what the congress or the resolution of correspondence as you laid out in your suggested motion that is normally what general begins the committee point we just did it early so that you would have an opportunity to kind was the drop dead date for this committee was in september correct but you have one hundred eighty days to make your decision and then there is something in the or september thirtieth which never comes first ok but let me make another clarification this is not going to the committee this is going to wreck lee to the council who i'm fairly certain will refer it to the committee because they don't generally have discussion on the council floor in this is going to require extensive discussion ok my point is stick chair you make it would be appropriate for you to be at that committee if members of the committee i'm fine with ok jonathan so you're still entertaining a motion yes i made a motion i move that with the understanding that the committee report is being prepared and will be motion scared mister before before we finish up today i something i need to say and that is that this has been an honor and a really interesting experience number two the special committee must finish its meeting and provide its written recommendations to the council within one hundred eighty days following the date this resolution is adopted provided that the council may extend that time by resolution  we are looking at a may twenty seventh posting for the june third meeting and we have gotten verification from court counsel that as long as it's posted prior to your one hundred eighty days that that meets the requirement number three that the special committee will remain constituted only until the council proposes a county governance charter and then to be placed on the twenty six thousand general election ballot or until september thirtieth thousand and sixteen which ever comes first work with thank you very very much corporation council you guys are cracker jack i think you should all get pay raises the thank you for them for hard work ok