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The Honolulu Advertiser
Posted on: Thursday, October 1, 2009

Kauai charter commission mulls 4-year council terms


By Michael Levine
The Garden Island

LIHU'E, Kaua'i — The Charter Review Commission is considering a proposal that would extend the term of office for the Kaua'i County Council from two years to four.

The commission, during its Monday meeting in Council Chambers at the Historic County Building, raised many questions about how the amendment would be implemented, and will have to wait for legal answers before it can move forward on the plan.

Commissioner Leonard Vierra said the change could benefit the public in that less money will be spent on costly county elections every two years.

The mayor already has four-year terms, but elections for representatives in both the state Legislature and U.S. Congress would require general elections every two years.

The proposal, which could be up for public vote on the 2010 ballot but would not take effect until the 2012 election, would not result in staggered terms for council members, and would alter but not remove term limits adopted in 2006.

Current term limits disqualify council members from running for re-election after they have served four consecutive two-year terms, but do not specify when eligibility is re-attained, said Office of Boards and Commissions Administrator John Isobe after the meeting Monday.

Section 3.03 of the charter, if amended, would include language decreeing that "After the expiration of two consecutive (four-year) terms, no person shall be eligible to be reelected to the office of council member until one election cycle has elapsed after such service."

The eight-consecutive-year limit adjustment being included in the ballot question could muddle the issue for voters.

Some residents — such as Glenn Mickens, who testified Monday — believe the limits on council members should parallel the 22nd Amendment to the U.S. Constitution, which puts a two-election limit on presidents regardless of if the terms are consecutive.

Others, like Charter Review Commission Chair Sherman Shiraishi, do not believe there should be any term limits and the most qualified candidates who can earn enough votes from the public should be allowed to serve indefinitely.

Isobe clarified that the amendment would restart the clock on term limits for those council members who are in office after 2012.

Another unresolved issue pertained to filling vacancies. Currently, Section 3.05 of the charter says the council has 30 days to fill a vacancy, after which the mayor shall make the appointment.

However, commission members seemed interested in the possibility of special elections in certain instances for four-year council terms, not unlike the process for the office of mayor.