The big City Charter question on the general election ballot deals with the city's proposed rail transit system, but voters are being asked to decide three other questions, including which city officials may be fined for ethics violations and giving state circuit courts jurisdiction over impeachment proceedings against county officials.

Also on the ballot is a city charter amendment allowing the office of the city prosecutor to campaign for crime issues.

The charter question to expand the prosecutor's powers would essentially allow City Prosecutor Peter Carlisle to use his office to broadcast his opinion about how people should vote on a crime issue put on the ballot.

The Hawai'i Supreme Court ruled that Carlisle did not have the authority to spend city money to urge voters to adopt a 2002 constitutional amendment proposal, but the high court did not rule that the prosecutor violated the federal or state constitutions.

The high court ruling over the use of public funds in the 2002 election stemmed from a lawsuit against Carlisle by the late journalist and political commentator Robert Rees.

A Circuit Court ruling dismissed the suit, but the high court reversed that decision.

Carlisle yesterday denounced the ACLU's attempts to file a lawsuit preventing him from using his office to advocate for crime issues facing voters.

"All this charter amendment does is allow me in my office using my office phone or sending out on office stationery my opinion as prosecuting attorney how someone should vote regarding a particular crime issue," Carlisle said. "It gives me a statute to do what the AG (attorney general) can do. The ACLU likes free speech unless it's free speech they don't agree with."

A message left for Vanessa Chong, director of the ACLU in Hawai'i, was not immediately returned yesterday.

The charter amendment was introduced by City Councilwoman Ann Kobayashi.

Another question before the voters is whether to allot the City Ethics Commission the authority to levy civil fines against a wider range of city officials for violations of the city ethics code. The commission has the power to fine elected officials; the charter amendment would allow fines against appointed officials and others.

"It makes little sense to have an ethics commission if we don't give them the power to enforce ethics violations," said City Councilman Charles Djou, the measure's author. "Federal and state ethics regulators currently may issue a fine for an ethics violation against anyone who violates their respective ethics code under their jurisdiction."

Big Island and Kaua'i voters will decide their counties' proposed charter amendments. And voters statewide are facing one proposed amendment to the state Constitution, on whether to lower the minimum age to run for governor from 30 to 25 years old.

CHARTER QUESTIONS

O'ahu voters will be asked to vote "yes" or "no" on four proposed changes to the City Charter:

1. Prosecutor's duties

"Shall the prosecuting attorney be allowed to initiate, develop, and perform or coordinate programs, projects and activities, as determined by the prosecuting attorney, on the subject of crime, including but not limited to crime research, prevention and education?"

2. Ethics Commission fines

"Shall the Revised City Charter be amended to authorize the city Ethics Commission to impose civil fines established by ordinance for violations of the standards of conduct committed by appointed officers and employees of the city who have significant discretionary or fiscal power?"

3. Impeachment jurisdiction

"Shall the Revised Charter of the City and County of Honolulu 1973 be amended to conform to state law by specifying that the circuit courts of the state have jurisdiction of impeachment proceedings against elected county officers?"

4. Establish rail transit

"Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel wheel on steel rail transit system?"