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COM 0423.002 2002-2004
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COM 0423.002 2002-2004
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Last modified
5/13/2008 12:01:01 PM
Creation date
5/10/2008 12:28:36 AM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2002-2004
Communication
0423
Point
002
Author
Willilam Takaba, Finance Director
Communications - Referred To
FC
Comments
FC: Close file - 4/19/04 Presented: FC - 12/16/03
Document Relationships
AGE FC 04/19/2004 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Finance Committee (FC)
BIL 189 Draft 01 2002-2004
(Related)
Path:
\Council Records\Bills\2002-2004
COM 0421.000 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
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the activities of the trustees to the end that the trust is <br /> performed and maintained in accordance with the provisions of <br /> the trust document, and to bring any abuse of deviation on the <br /> part of the trustees to the attention of the court for <br /> correction. Midkiff v. Kobayashi, 54 Haw. 299, 335-36 (1973). <br /> The 1953 Order expressly recognized the Attorney General as "the <br /> proper party to represent the Territory of Hawaii and the <br /> public at large in their interest" in the Trust. Under Hawaii <br /> Revised Statutes ("HRS") § 26-31, the Governor, who is the <br /> current trustee of this Trust, appoints the Attorney General, <br /> who acts as parens patriae of this Trust, with the advice and <br /> consent of the senate.l Further, although Petitioner believes <br /> proper measures are taken to prevent any actual conflict of <br /> interest issues, the Department of the Attorney General <br /> represents various State agencies, including the Attorney <br /> General as parens patriae of all charitable trusts and the <br /> Petitioner, as the Governor of the State of Hawaii and current <br /> trustee of this Trust, respectively. <br /> 16. The resignation of the Petitioner as trustee of this <br /> 1 HRS § 26-31 provides: <br /> §26-31. Selection and terms of single executives as heads o£ <br /> departments. <br /> Except as otherwise provided by the Constitution of the <br /> State or by this chapter, each principal department shall <br /> be headed by a single executive, who shall be nominated <br /> and bV and with the advice and consent of the senate, <br /> appointed by the governor, for a term to expire at the end <br /> of the term for which the governor was elected. [Emphasis <br /> added.] <br /> <br /> 93995 3 6 <br /> <br />
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