.JK2415 H A32 CONSTITUTIONAL OONVENTION COSTS

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1 .JK245 H3 950 A32 CONSTITUTIONAL OONVENTION COSTS

2 049 '.44.; REPORT TO THE LEGISLATURE OF THE STATE OF HAWAII CONSTITUTIONAL CONVENTION COSTS SUBMITTED BY THE OFFICE OF THE LEGISLATIVE AUPITOR FEBRUARY 967

3 INDEX OF TABLES THE FIRST CONSTITUTIONAL CONVENTION COSTS IN GENERAL Table I Major Expense categories 2 ELECTION EXPENSES Table II Election Expenses 4 ASSEMBLY EXPENSES Table III Classes of Assembly Expenses Table IV Convention Operating Expenses Table V Delegates' Compensation and Mileage Table VI Convention Employees by Positions POST-CONVENTION EXPENSES Table VII Post-Convention Expenses 0 SUMMARY Table VIII Summary of all Expenses Table IX Summary by Major Items of Expenses 2 4

4 CONSTITUTIONAL CONVENTION COSTS INTRODUCTION Pursuant to Act 280, SLH 965, the question, "Shall there be a convention to propose a revision of or amendment to the constitution?" was submitted to the electorate at the November 966 general election. As a result of the affirmative vote cast on the question, the legislature has the task of appropriating funds for the constitutional convention. The upcoming constitutional convention is the second of its kind in the history of the State. The first constitutional convention was held in 950 at which time the present State constitution was drafted. The first convention was called pursuant to Act 334, SLH 949. This report presents fiscal data on the first convention. is hoped that this presentation will be of some assistance to the legislature in estimating the cost of the second constitutional convention. Although the costs of material, equipment and personnel have risen during the past 6 years, a review of the first convention's fiscal experience should provide some useful information, particularly with respect to the kinds and proportions of expenses which may be anticipated for the second constitutional convention. Sources of Information The data presented in this report were secured from the following sources:. Proceedings of the Constitutional Convention of Hawaii 950, Volume I, "Journal and Documents". 2. Ledger sheets of the convention maintained in the office of the lieutenant governor. 3. Interviews with the public archives staff. It

5 THE FIRST CONSTITUTIONAL CONVENTION COSTS IN GENERAL The total cost of the first constitutional convention was $295,000. $250,000 of this total was appropriated by the legislature in Act 334, SLH 949. An additional sum of $45,000 was allotted to the convention by the governor from his contingency fund. l kinds: The expenses included in the total cost were of three major () pre-convention expenses (expenses incurred in conducting the elections for delegates); (2) expenses of the convention proper (assembly expenses); and (3) post-convention expenses. 2 The dollar amounts spent and the proportion of the total cost for each of the major categories of expenses were as follows: TABLE I MAJOR EXPENSE CATEGORIES Category Dollars Spent Proportion of Total Cost Elections $4, Convention proper 75, Post-convention 5, Totals $295, % % lthere were two separate allotments, totaling $45,000. The first allotment of $30,000 was made pursuant to the convention's Resolution No. 40, adopted on May 24, 950 (36th journal day). The second allotment of $5,000 was made on June 27, 950 (63rd journal day) pursuant to an informal request of the convention. 2The cost of compiling and publishing the proceedings of the convention is not included in the total cost. The proceedings were not compiled and published until 960. For this purpose, the legislature appropriated the sum of $8,500 in Act 27, SLH 959. See infra. 2

6 ELECTION EXPENSES The first constitutional convention consisted of 63 delegates. Pursuant to section 2 of Act 334, SLH 949,3 the delegates were elected at special elections, consisting of a primary election and a general election. Each candidate was required to pay a filing fee of $25 which was deposited into the general fund. The total cost of the elections was $4, The largest single expense item was "personal services", which constituted 42% of the election expenses. Table II below lists all of the election expenses. Although the primary election was held on February, 950, and the general election on March 2, 950, the election expenses were incurred during a four-month period between December 949, to March 3, Section 2, Act 334, SLH 949, provided as follows: "The convention shall consist of sixty-three delegates apportioned among the representative districts within the limits of the proposed state on the following basis: " "The Governor shall, not earlier than thirty nor later than one hundred and eighty days after the effective date of this Act, issue a proclamation ordering a primary election for the nomination of candidates for the offices of the delegates aforesaid on a day designated by him in said proclamation, not earlier than sixty nor later than ninety days after the date of such proclamation; and a final election not earlier than thirty, nor later than forty days after such pr imary election." 3

7 TABLE II ELECTION EXPENSES Items Dollars Spent Proportion Personal Services Inspection Clerks Registration board General labor Other Current Expenses Printing & Advertising Printing Advertising & Notice publication Miscellaneous Lumber, paint, etc. Prep/clean voting booths Light systems Install/use PA system Radio services Others Office Services & Supplies. Stationary, supplies Communication Traveling/Hauling Traveling expenses Hauling Rentals/Repairs Rentals Repairs/alteration 34, ,824.92,206.00, , , , ,64. 24, , ,732.54, ,488079,756.23, $ 47, % 28, , , , , Equipment (includes M II Q... Typewriter Tables/chairs Ballot boxes Voting booths acct) Motor vehicle upkeep TOTAL 59.82, , , $4, /0 4

8 ASSEMBLY EXPENSES The convention itself lasted for 0 calendar days, from April 4 to July 22, 950. Excluding Sundays and holidays, the convention had 90 working days--30 days more than the 60 days initially contemplated. Of the 90 working days, no meeting of the assembly as a whole was had on the first six Saturdays and on five days immediately preceding the last day of the convention. The five days preceding the last day of the session were devoted to preparing for the last day on which the Constitution was formally signed by the delegates. 4 The total cost of the convention proper was $75, There were three major classes of expenses of the assembly: () operating expenses--rentals, equipment, printing, etc.; (2) delegates' compensation; and (3) staff compensation. The dollar amounts and the relative proportions of the various classes of expenses were as follows: TABLE III CLASSES OF ASSEMBLY EXPENSES Class Operating expenses Delegates' compensation Staff compensation Totals Dollars Spent $ 3, , , $75, Proportion l~ % 4The following is a summary of the convention days: Session days Journal days Saturdays when assembly did not meet Days spent preparing for final day Sundays and holidays TOTAL DAYS 0 5

9 operating Expenses Operating expenses included equipment rental, repair and purchase; office services and supplies; hall rental and alterations; printing; and miscellaneous expenses. Table IV is a breakdown of the various operating expenses. TABLE IV CONVENTION OPERATING EXPENSES Item Cost % Equipment rental, repair, purchase $3, Rental PA system $8, Recording machine Bleachers, Office equipment 2,75.00.Repairs/alteration Office machines Purchase Recording machines Tapes/reels Office services and supplies 8, Stationary, supplies 7, Communication,59.52 Armory.... 7, Rental 3, Repairs/alteration Armory hall 4,.00 Doors, locks Services/utilities Printing..., Miscellaneous, Hauling US transcripts Signs, maps, cups Election bills Others TOTALS ~3, % 6

10 Of particular interest is the rental of the armory, which served as the convention site. $3,000 was paid for rental, and $4,89.50 was expended to repair and alter the armory for convention purposes. Delegates' Compensation As provided in Act 334, SLH 949, each delegate received compensation of $,000 for the entire session, plus mileage at the rate of 20 cents a mile each way.5 The sum of $,000 and 20 cents per mile were the basic compensation and mileage then being paid to the members of the legislature for each regular session. 6 'I'he act made no provision for the payment of per diem, and none was paid. Table V shows how much was paid as delegates' compensation and mileage. TABLE V DELEGATES' COMPENSATION AND MILEAGE Item Dollars Spent Proportion Compensation $63, % Mileage, Totals $64, % 5Section 8 of Act 334, SLH 949, provided as follows: "Section 8.. The delegates shall receive for their services, in addition to mileage at the rate of 20 cents a mile each way, the sum of $,000 each, payable in four equal installments on and after the first, twentieth, fortieth, and sixtieth days of the convention, excluding Sundays and holidays. II 6 See section 26, Organic Act. 7

11 Staff Compensation As provided in Rule 2 of the "Rules of the Convention",7 the chief clerk, assistant clerk, chaplain and two sergean~-atarms were elected by a majority vote of the delegates. In addition to the five elected officers, 74 additional staff persons were appointed by the president with the approval of the convention. Of the total 79 persons, 8% were employed in secretarial and clerical positions. All staff personnel served the assembly as a whole, and none served any individual delegate. It should be noted that no attorneys were engaged. All necessary legal work was done by the delegates themselves, with assistance from the legislative reference bureau and the office of the attorney general. All staff members, except the chaplain, were paid on a monthly, rather than a per diem, basis. Table VI lists the employees, by jobs, and the amount of monthly compensation paid to each. The compensation paid to the staff members totaled $78, for the convention session. 7Rule 2 of the "Rules of the Convention" read, "RULE 2. A Chief Clerk, Assistant Clerk, Chaplain and two Sergeants-at-arms shall be elected by the vote of at least thirty-two delegates and such election shall be by ballot. "All other employees shall be appointed by the President, subject to the approval of the Convention." Proceedings of the Constitutional Convention of Hawaii 950 Volume I, p

12 TABLE VI CONVENTION EMPLOYEES BY POSITIONS Positions No. of Persons Rate of Pay (monthly) Elective: l. Chief cl.erk 2. Asst. chief clerk 3. Sgtso-at-arms 4. Chaplain 2 $ ( for session) Appointed: l. Supervising secretary 2. Engrossing clerk 3. Stenos 4. Typists 5. Record clerk 6 0 Proof readers 7 Messengers 8. Fi.le clerks 9. Pri.nt machine operator 0. Acet./property clerk. Asst. acct./property clerk 20 Watchmen 3. Janitors 4. Sound technician 5. Bookkeeper

13 POST-CONVENTION EXPENSES Act 334, SLH 949, had made no provision for post-convention ~ expenses. Nevertheless, the sum of $5, was expended for printing the original and copies of the Constitution and for the work of the committee on submission and information which disseminated information regarding the Constitution to the general public and submitted it for ratification. It was possible to expend the sum of $5, because the governor had allotted the additional $45,000 to the convention. The $5, was spent as set forth in Table VII. TABLE VII POST-CONVENTION EXPENSES Item Dollars Spent Proportion Printing original and copies of Constitution Committee on Submission and Information Totals $ , $5, % The Constitution as drafted was submitted for ratification at the general election of

14 COMPILATION AND PUBLICATION OF PROCEEDINGS The post-convention expense for printing in the sum of $750 did not include the cost of compiling and publishing the proceedings of the constitutional convention. The proceedings were not compiled and published until 960. Act 27, SLH 959, appropriated the sum of $8,500 to be expended by the attorney general to "compile, transcribe, and index the debates, committee reports, minutes, proposals, and resolutions of the constitutional convention of 950." Subsequently, by Act 3, SLH 960, the legislature directed that "the preparation, printing, sale and distribution of the proceedings of the Hawaii State Constitutional Convention of 950 shall be done under the direction of the archivist of the public archives." The entire sum of $8,500 was expended in compiling and publishing the proceedings. Act 3 further provided for the sale of the two-volume proceedings at $20 per set, the money to be deposited in the State's general fund. SUMMARY Table VIII is a summary of all expenses incurred in the 950 constitutional convention, including election expenses, assembly expenses and post-convention expenses. The proportions noted are in relation to the total overall cost. of $295,000.

15 TABLE VIII SUMMARY OF ALL EXPENSES Items Dollars Spent Proportion ELECTION EXPENSES Personal Services (Inspectors, clerks, registration, general labor) Printing & Advertising' 0 Miscellaneous (lumber, paint, cleaning voting booths, light systems, radio services, PA systems, etc.) Office Services & Supplies (Stationary, supplies, communication) Traveling & Hauling Rentals & Repairs Equipment (Typewriters, chairs, tables, ballot boxes, voting booths, motor vehicle upkeep) TOTAL ELECTION EXPENSES $ 47, ,4057 6,954.57, , , , $4, % 2

16 TABLE VIII SUMMARY OF ALL EXPENSES (Continued) Items Dollars Spent Proportion ASSEMBLY EXPENSES Operating Expenses: Equipment rental, repair, purchase. Office service & supplies... Armory rental, repairs, alteration Printing Miscellaneous..... (Hauling, tr anscr ipts, signs, cups, etc.) $3, , ,439.85,468.70, Total Operating Expenses Delegates' compensation & mileage Staff compensation TOTAL ASSEMBLY EXPENSES $'3, , , $75, POST-CONVENTION EXPENSES Printing... Committee on Submission & Information... TOTAL POST-CONVENTION EXPENSES. $ , $ 5, TOTAL CONVENTION COST $295, ";6 3

17 A summary by major items of expenses is noted in Table IX TABLE IX SUMMARY BY MAJOR ITEMS OF EXPENSES r~ r~rsonal Items SERVICES \~>\ ~ Election clerks, etc. ~l Delegates I compensation s, Staff compensation ~kinting.~ Election ;~! Assembly.~~ Post-convention <~\ ~FFICE ~ Election ~ Assembly ',;::J, ~QUIPMENT ~ff:/' i~ Election t~ Assembly ~ENTALS SERVICE & SUPPLIES & REPAIRS I Election ~l Assembly ''\> I,rSCELLANEOUS I!!:~~~~ ~ Post-convention Dollars Spent $47, , , $9, $28,4.57, $, , $ 3, , $ 2, , , , , , $2,99.59, , ,68.7 Proportion 65% IRAND TOTAL r: ~ $295,

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