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<br /> Hawaii County Council July 2, 1997 <br /> MR. GIURDEMAN: The Charter doesn't--well, this whole <br /> question. We had one lawsuit in 1994 which was <br /> brought on this point and it was dismissed. The <br /> Circuit Court Judge--it didn't go past Circuit <br /> Court--felt that the question was a political question <br /> to be determined by you in adherence to the doctrine <br /> of separation of power, she was not going to involve <br /> herself. That's the one decision that we have. <br /> Of course, we have the rule, the Council rule that <br /> says that the budget review is the program review. I <br /> think, in my opinion, this meets the bare letter of <br /> the law. It clearly does not meet the spirit of the <br /> law, and in anticipation of your question, I have done <br /> some reading in some budget books about what a program <br /> review is and what it's supposed to entail and what it <br /> is supposed to do--is to match the objectives of the <br /> program with the results of the program to see if it's <br /> cost effective. <br /> Before we even start talking about a program review, <br /> we've got to define what's a program. A program is <br /> the drug eradication program--the aerial drug <br /> eradication effort a program or is it part of a <br /> larger--is it an activity which is part of a larger <br /> program, which is drug enforcement, or is drug <br /> enforcement merely part of a larger program, which is <br /> law enforcement? <br /> So, I would suggest that before undertaking a "program <br /> review," the first thing to do is decide at what level <br /> you consider an activity to be a program. <br /> MR. TYLER: So from your perspective, as Corporation <br /> Counsel, then, we are adhering to the Charter, I mean, <br /> in terms of this intent? <br /> M.R. WtJRDEMAN: Based on that experience, I would say <br /> that--well, what I said before. We meet the bare <br /> letter of the law and I think the spirit of the law <br /> and what the law intended, which is not only for this <br /> program, but for all other programs, street lights, or <br /> whatever, that there be a bureaucracy reviewing it, <br /> which is--if you're going to do it, is a major effort. <br /> MR. TYLER: So in terms of Draft 2 then, of <br /> Resolution 94-97, the amendment offered regarding a <br /> mandatory program review is--it's a stipulation we <br /> can't put on this contract? would it have to be in a <br /> different resolution or--how would you recommend that <br /> we deal with what the wishes of the maker were? <br /> 13 <br /> <br />