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`•1• <br /> OF THE COUNTY CLERK <br /> U Wqll COUNT}' OUlID1NG <br /> S AUPUNI STRP1'T <br /> HILO. HAWA/l Xi TO <br /> Members of the Committee <br /> on Inter-Governmental Relations <br /> Page 3 <br /> June 16, 1989 <br /> It was also pointed out that this sunset proviso would be the <br /> first amongst the counties. The reason other counties have not <br /> included any sunset proviso is that by virtue of the legislative <br /> branch having control over budget appropriations, itself, is a <br /> built-in sunset authority. A mandate would force the council to <br /> look at it a second time, whether it accomplishes anything is <br /> questionable. <br /> Recognizing the difficulty in identifying the scope of the mandate <br /> and the specific programs to which the mandate would apply, a <br /> commission member explained that the minutes could be reviewed for <br /> intent. <br /> Commission deliberated upon whether the final language should <br /> specifically exclude executive agencies.... Legal counsel <br /> advised the commission members that in drafting statutes the <br /> rule is to word it in a positive fashion to avoid confusion, <br /> STAFF CONCLUSIONS: <br /> It seems that the 1979 Charter Review Commission recognized <br /> the need to include a sunset provision to programs funded by the <br /> county, However, the Commission had a very difficult time <br /> identifying the scope of the mandate and the programs to which the <br /> mandate would apply, <br /> The charter minutes illustrate various points of views by <br /> different commissioners, however, there were no motions to <br /> indicate the clear intent of the Commission in proposing the <br /> charter amendment. Without any clear directions as to the scope <br /> of the mandate and the programs which fall within the scope of the <br /> review it seems that the decision is left up to the Council. <br /> Recognizing that the budget approval process is the final decision <br /> as to whether a program continues to exist or gets terminated, the <br /> Council should then decide as to the scope of the review and the <br /> programs to which said review would apply. These determinations <br /> should be established in the Council's procedures and details, <br /> Respectfully submitted, <br /> <br /> ~~--C~~ <br /> Harry A, Takahashi <br /> Legislative Auditor <br /> <br />