Please sign this petition in support of the following:

You are Invited to attend the Kauai County Charter Review Meeting, Monday, November 27 @ 4:00 pm @ Lihue County Buildings

During this month of November 2017, The Team of Peoples Pono Alliance, Kauai have bee conducting a deep review of the present Kauai Counter Charter. The PPA has submitted a total of three documents becoming: Trilogy I - II - III

The following Trilogy I II III, Kauai, 2017 is available here below for your review and comments. We, hope to gain your awareness and positive input on this project.

I Trilogy

November 20, 2017

To: Kauai County Charter Review Commission

From: Peoples Pono Alliance (PPA), Kauai County

Subject: Public Testimony Re: Removal of items 1 – 5

1. CRC 2017-03 Proposed Charter Amendment to Remove Article IX Relating to the Public Defender

Public Testimony: NO CHANGE - Please clarify for the Public - The State Provision in the HRS which handles public defender duties and assures continued representation for Kauai County. We are of the opinion that HRS is NOT going to define the responsibilities of the Public Defender only the County Charter can do this, we can't imagine why anyone would want to remove it.

2. CRC 2017-04 Proposed Charter Amendment to Remove Article XXX Relating to the Electric Power Authority

Public Testimony: NO CHANGE – This Amendment is an asset and a guideline for what the County expects of the Electric Company in order to provide service to the County of Kauai. If at any time the Electric Utility oversteps their authority, this section can be used to reign in any abuse of power.

3. CRC2017 -05 Proposed Charter Amendment to Remove the Zoning Board of Appeals (Article XIV, Subsection 14.12-14.14)

Public Testimony: A. Having read the minutes and the Charter, this is about more issues than a “zoning board of appeals”. It appears to be about what cases the zoning board hears. It also appears that everything that passes through the planning commission that is appealed or could be a cause for damage or complaint would be heard by this board. If this board is done away with, would put an undue burden on the Judicial Branch for problems that should be resolved in the Executive Branch. It is our understanding that in the Charter, only one neutral qualified person need to be found to head up a board and that person can, with the help of the County find others to fill the board out to 7 people. So Section 14.12 puts too many requirements for people to fill the board. Now because this is an appeals board, it is their responsibility to determine why the Planning Commission rejected a proposal and then determine if there is sufficient change in the proposal to warrant a review before a hearing on the matter. If the matter requires a hearing and the changes are sufficient, the matter can be referred back to the Planning Commission. Once the appeals board has made the decision that the changes are not sufficient in a hearing, an appeal to the courts is null and void. However as many changes as necessary can be submitted prior to the board agreeing to a hearing. In the case of an aggrieved person or company that claims damage through the decisions of the Planning Commission is a matter for the courts to decide and therefore Section 14.13 need to be amended. Perhaps at some future date when more qualified people can be found the responsibilities could be expanded for this appeals board. B. Considering that this board was voted for by the people and that qualified people to date cannot be found, the only choice is to amend the charter and allow the board to do its work as prescribed in the amended Charter. It is realized that this is not ideal but we are a small County and there should be a separation between the Executive and Judicial Branches of Government.

1. CRC 2017-06 Proposed Charter Amendment to Amend Article XIII Relating to the Department of Public Works, Sections 13.01 – 13.03 by Changing the Title from County Engineer to Director of Public Works and Changing Job Description to Reflect Title Change

Public Testimony: NO CHANGE - NO NAME CHANGE - NO JOB DESCRIPTION CHANG To maintain “Best Practices” of Management, to ensure Checks and Balances and peer review of all required documents require 2 signatures. How do you run a technical County department without a licensed Engineer as its Director? A Licensed Engineer is required for VARIOUS REASONS of “Best Practice” and for Checks and Balances between heads of departments the County Engineer oversees. Right now the chances are very good that the responsibilities of the County Engineer are being accomplished by people that are not qualified and don’t have a license for what they are doing. This leaves the County exposed to law suits.

5. CRC 2017-07 Proposed Charter Amendment to Remove Article XXXII Relating to the County Auditor

Public Testimony: NO CHANGE - Doing away with this section or the auditor (CPA) to head a department and relying on a CPA Firm is reckless and opens up the possibility of fraud and misappropriation of funds. Is the County Council asking for removal of ARTICLE XXXII re: County Auditor and WHY? Has the Council been consulted? How do we have a County Department without a Director? The issue is not so much about a county auditor as it is about the auditor being certified as a CPA. The Legislature requires an outside CPA audit every 2 years however an internal audit is conducted every year and 6 months for most agencies, this requires a CPA and department. These responsibilities should not be placed on the County Clerk which is part of the Judicial Branch and not the Executive Branch of government. There should be a separation of power and responsibility. Also it is a mandate for separation of power and responsibility. The cost of an outside agency (CPA firm) to do this properly would be a full time job with a department of people to just keep track of the whole county's expenditures making it outrageously expensive.

II Trilogy

November 21, 2017

To: Kauai County Charter Review Commission

From: People Pono Alliance (PPA), Kauai

Subject: Proposed Amendments to The Kauai County Charter to enhance the guiding

principles by which Kauai County is governed

Submitted for Public Testimony:

• We the People of the County of Kauai “A body politic” (see Article I & 2), propose to amend:

Article XXIII, General Provisions, Section 23.01.

Definitions

C. The term “law” shall mean any law of the State of Hawaii or any ordinance of the County of Kauai or any rule or regulation of any department having the force and effect of the Law.

• Proposed Amendments to Article XXIII, General Provisions, Section 23.01. Definitions, shall include new items C1 and C2

C 1. The Aloha Spirit Law - Hawaii Revised Statutes, section 5-7.5

All citizens and government officials of Hawaii are obligated by law to conduct themselves in accordance with this law, while performing their duties and obligations, as well as in their day-to-day living.

[§5-7.5] The Aloha Spirit.

The Aloha Spirit is the coordination of mind and heart within each person. It brings each person to the Self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force.

C 2. Law of the Splintered Paddle State Constitution Article 9, Section 10

Law of the Splintered Paddle:

Oh people,

Honor thy god;

respect alike [the rights of] people both great and humble;

May everyone, from the old men and women to the children

Be free to go forth and lie in the road (i.e. by the roadside or pathway)

Without fear of harm.

Break this law, and die.

These proposed amendments:

C1. “The Aloha Spirit Law” (A model law, deserves our unmitigated support and compliance, for its greatest good) and C2. “Law of the Splintered Paddle” (A model for modern human rights law regarding the treatment of civilians), if adopted will enhance “The Guiding Principles by which Kauai County” is governed.

III Trilogy

November 22, 2017

To: Kauai County Charter Review Commission

From: People Pono Alliance (PPA), Kauai

Subject: Public Testimony and Proposed Action Steps to reduce Risk

Minutes from the 2017 Charter Review Commission (10/5/17 – 11/8/17) reads like a call for help. Public review of these minutes has opened eyes and ears wider to the actual actions and inner workings of the management of the County of Kauai Operating Systems.

A Psychological review of these minutes shows a pattern of doors left open for risk, lack of checks and balances, lack of transparency, lack of implementation of best/good practices in management.

This acknowledgment of stress on our governing body, environment and its people appears to have reached crisis levels and suggests great risk of law suits.

Article I, Section 1.01 of the County Charter establishes that: The people of the county of Kauai are and shall be a body politic and corporate in perpetuity under the name of “County of Kauai”.

Article II, Section 2.01 of the County Charter establishes the powers of the county are: To promote the general welfare and the safety, health, peace, good order, comfort and morals of its inhabitants.

Therefore, Peoples Pono Alliance suggests the following to alleviate risk to “We the People” the “Body Politic of Kauai County” in respect of County Charter Article I and II:

Suggestion:

To hire at fair market value, the services of Peoples Pono Alliance Risk Management Team of experts to create a needs assessment list within a 90 day period.

This needs assessment list will then be presented to and reviewed by committees of “We the People” “The Body Politic” of “County of Kauai”.

These committees will research innovative, high quality, safe and cost effective solutions for risk management and best/good practices within 90 days. These solutions will become guidelines for effective training and implementation of “Best/Good Practice” for County governance. Thus eliminating risk.

Who is Peoples Pono Alliance?

PPA is a group of Kauai Kama’aina Career Professionals with expertise in the application of “Best/Good Practices” in Administration, Operations, Fiscal Management.

Bonus:

Continued Trilogy Part 4: The PPA 2017, In Depth Review of the Kauai County Charter

Dated : November 24, 2017

‘If an organization wants to take control of government and use it for their own purpose the first thing to do is infiltrate that government in areas of finance, auditing and in areas of governance by transferring power away from elected officials. The object is to consolidate finance and auditing so that you have control of the money and quietly disassemble checks and balances along with separation of power. Establish groups of people in boards that usurp the power of elected officials by rewiring the laws in their favor. If it requires a referendum to be voted on by the people, word the document in such a way where it appears that the only purpose here is to consolidate government and save money or carefully word the referendum so that no means yes on the ballot”.

• Yesterday we sent emails out showing that the Charter Review Commission (an unelected board) has usurped a power that was originally intended to be used only by elected officials.
• Today we have reviewed the same sections going back to 2006 but the same errors are still seen. So we have not been able to determine exactly when this started. However, we have run across this: by: PPA, Kauai November 2017

Kauai Charter Section 26.04. Status of Departments and Transfer of Functions.

A. All departments, the status of which are not specifically changed or abolished by this charter, are hereby recognized, continued, and established and shall have such powers, duties, and functions as provided by law. Members of the various boards, commissions, and committees holding office at the effective date of this charter shall continue in office unless they resign or until their terms of office shall expire.

B. The offices of the county auditor and the county treasurer are abolished and their functions transferred to the department of finance.

C. The offices of the elected county clerk and the county attorney are abolished.

Section 26.05. Transfer of Records and Property. All records, property, and equipment of any office, division, department, board, or commission, the functions of which are assigned to another agency by this charter, shall be transferred and delivered to the agency to which such functions are so assigned.

• “Please notice that under B the county auditor and department of finance have been combined thus weakening checks and balances and puts one department head in control of all money and budget. Yet the latest (2016) Charter does not reflect this change because the sections for the department of finance have not been rewritten and the section for county auditor and the county treasurer have not been removed. If you read these sections it can be plainly seen that the original intent was a separation of power and to provide checks and balances. Also note that under C the County Clerk and County Attorney are no longer elected officials they are appointed. This can be viewed as a power grab because these people are allowed to interpret the law without a court to intervene. In other words these people can keep you from filing a court case or presenting a legal ballot initiative. A separation of power and checks and balances should keep these things from happening but there is no protection for the public when these powers are consolidated or controlled by unelected officials who cannot be held accountable to the citizens of Kauai. Instead the person(s) that made the appointment is supposedly accountable”. PPA, Kauai November 2017

Part 4 – Trilogy, Kauai

Precautionary Principle

PPA preliminary summary of the continuing in depth review of the Kauai County Charter, November, 2017:

“From the minutes of the last meeting of the County Charter Commission it can be seen that OUT-OF-PONO activities are being conducted here. These activities are intent to weaken separation of power and destroy checks and balances. If this board had the best interests of the people in mind it would be questioning its own power and be shifting its attention to amending Section 26.04” According To Charter Article XXIII PPA, Kauai, 2017

END - Trilogy Part 4

Trilogy, Kauai: A Proposal for A Healthy Kauai for Generations to Come

You are Invited to participate in moving Trilogy forward by sharing your mana’o

Your Kauai Citizen participation in developing out suggested PONO amendments to the Charter now, this week, as well as participation in the furthering of the will of the people towards a “Healthy Kauai For generations to come” is welcome and will help to move Trilogy forward toward implementation with grace and ease, for the good of all concerned.

Mahalo,

Peoples Pono Alliance (PPA)

Contact: [email protected]

Phone Text Welcome @ 808-652-2726