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OOJM(Y Oi M,~ <br /> <br /> JAMES Y. ARAKAICI ^ ~1d~%;e; Phone: (808) 961-8272 <br /> Chairman fy Presiding Officer r _ FAX: (808) 969-3291 <br /> eyV ~ "e <br /> 1iE OF~Ni'Y' <br /> L! <br /> COUNTY COUNCILC;; <br /> County~fHawaii C~U~ dl , . ~..~-~.'I <br /> Hawaii Counhj Building <br /> ZS Aupuni Street <br /> Hilo, Hawaii 96720 <br /> September 18, 1997 <br /> TO: Council Members <br /> FROM: James Y. Arakaki, Chair <br /> RE: Bill relating to Council C acts <br /> For your review and consideration, attached is a bill which creates a new article relating to the legislative <br /> branch and its ability to contract for services. <br /> Presently, Section 13-13 of the Hawaii County Charter states: <br /> "The county may enter into contracts with private parties, other counties, the state or the United <br /> States for the performance of any function or activity which the county is authorized to perform. <br /> All written contracts to which the county is a party shall: <br /> (a) Be approved by the corporation counsel as to form and legality. <br /> (b) Be authorized by the council by resolution if legislative action is necessary to implement <br /> the contract. <br /> (c) Except as other wise provided, be signed by the mayor. <br /> (d) Be approved by the director of finance as to the availability of funds in the amounts and for <br /> the purposes set forth therein if they involve financial obligations of the county. Such <br /> contracts shall not extend beyond the term for which an appropriation to finance such <br /> obligations has been made, except as otherwise provided by this charter. This provision <br /> shall not apply to obligations for the procurement of utility services." <br /> Although the 1990 Charter Commission considered a previous council suggestion to change the Charter to <br /> provide for such authorization, the Charter Commission did not include it in the list of ballot questions. <br /> We have since received Opinion No. 97-03 from the Corporation Counsel (previously distributed) which <br /> opines that an amendment to the County Code is sufficient authority. <br /> Therefore, the bill has been drafted to authorize the council chair, not the mayor, to sign contracts falling <br /> within the scope of the legislative program. The checks and balance would be in budget approval, the <br /> funding certification by the Finance Director and the Corporation Counsel approval as to form and legality. <br /> Should you have any questions, please feel free to contact me. <br /> Att. <br /> u,rrra. Ido, ~ I <br /> P'fle 1~n. NC('~ (4Dnn <br /> lt~r. f::~te_OCr o i 1 v <br /> <br />