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<br /> <br /> <br /> Ha Kun w 'a Mw iae( R. Ben, SPHR <br /> Direcmr of Pe ".d <br /> <br /> Rodney T. Kaido <br /> ..~a DT" Dittcmr of Pamme[ <br /> <br /> <br /> County of Hawaii <br /> <br /> Department of Civif Service <br /> Aupuni Center a 101 Pauahi Street, Suite No. 2 a Hilo, Ha Vi 967204224 0 (808) 961-8361 a Fax (808) 961-8617 <br /> TTY (808) 961-8619 a e-mail mh&s@interpw.net o Jobs infomwtion: Job Hotline (808) 961-8618 a e-mail: jobs@w.fiawUii.hi.us <br /> <br /> November 10, 2004 <br /> <br /> <br /> <br /> The Honorable James Arokoki, Chairman <br /> And Members <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> <br /> Dear Chairman Arakaki and Members of the County Council: <br /> <br /> RE: Resolution No. 264-04 <br /> <br /> Prior to your proposed Resolution No. 264-04, 1 did not think, as a matter of law, <br /> that county councils exercised discretion to determine which of its positions were <br /> to be civil service and which of its positions were to be exempt from civil service. <br /> I understand that your proposed resolution resulted from an oral opinion <br /> rendered by Deputy Corporation Counsel Bobby Jean Leithead-Todd at your <br /> October 20, 2004 meeting. <br /> As the last definitive ruling on this matter was made by Ms. Leithead-Todd in her <br /> May 4, 2004 written communication to Chairman Arakaki, and that under the <br /> legal analysis provided thereunder I initiated efforts to convert Council civil <br /> service positions to positions exempt from civil service, I have asked Corporation <br /> Counsel for the legal analysis behind Ms. Leithead-Todd's October 20, 2004 oral <br /> opinion. It is evident that another point of law may override the "nature of <br /> services" test contained in the May 4, 2004 communication. <br /> <br /> I intend to comply with the ruling of the Corporation Counsel in this matter. An <br /> oral opinion has been rendered that is intended to either preserve the Council's <br /> authority to empower, and if not, then to empower the County Council to <br /> determine the civil service status of positions within the Council's office. Our <br /> department will continue to consider the following positions as civil service <br /> positions pursuant to the resolution: Q <br /> <br /> <br /> Comm. No. V qj• <br /> Ref. Toy`nsotb <br /> Hawaii County is an Equaf Opportunity Provider and Emp(o)er. Ref. Date NUV 10 2004 <br />