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<br /> Harry Kim ~iD~v Lincoln S.T. Ashide <br /> Mayor • • C+ Corporation Cnuruel <br /> Gerald Takase <br /> ~i'•. ~ <br /> art oi.h~p A.ccistanf Corporation Counce( <br /> ~ rn <br /> (~uunf~r of ~ttfuttii ; <br /> OFFICE OF THE CORPORATION COUNSEL 1 <br /> rv <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • FAX (808) 961-8622 _ , <br /> ~ - <br /> _ ;ii <br /> MEMORANDUM ~ <br /> To: Constance Kiriu, Legislative Auditor <br /> FROM: Craig T. Masuda, Deputy Corporation Counssi <br /> DATE: March 1, 2004 <br /> susJECT: Shippers' Wharf Committee Trust Fund <br /> Since you have already been briefed on the overall aspects of the <br /> Shippers' Wharf Committee Trust Fund, the following will respond specifically to <br /> your questions as listed. <br /> 1. Question: Must monies from the Shippers' Wharf Committee Trust Fund <br /> be appropriated by the County Council in order to be expended? <br /> Answer: No. Since the funds are charitable trust funds and are not public <br /> funds, they do not require an appropriation by the County Council to be <br /> expended. <br /> Note: When the funds were collected, an eleemosynary corporation and <br /> not any government entity collected them, nor has the court determined <br /> them to be public funds. Further, while the funds were under the <br /> trusteeship of the Governor, disbursement of the funds were never done <br /> by appropriation. <br /> 2. Question: Will the Office of the Corporation Counsel represent the Mayor <br /> in his capacity as Trustee? <br /> Answer: Yes. Since Mayor Harry Kim was appointed as the Trustee in <br /> his capacity as the Mayor, the Office of the Corporation Counsel will <br /> represent the Mayor given that the purpose of the trust is a public <br /> purpose. <br /> <br />