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<br /> <br /> <br /> •~v w <br /> <br /> Harry Kim Lawrence K. Mahuna <br /> Police Chief <br /> Mayor ; <br /> OF Vk" Harry S. Kubojiri <br /> Deputy Police Chief <br /> County of Hawaii <br /> POLICE DEPARTMENT <br /> 349 Kapiolani Street • Hilo, Hawaii 96720-3998 <br /> (808)935-3311 • Fax(808)961-8869 <br /> November 9, 2006 <br /> r., <br /> d <br /> z <br /> C °c _A ) <br /> TO STACY K. RIGA, COUNCIL CHAIR - <br /> D CO CIL MEMBERS _ <br /> FROM L NCE K. MAHUNA, POLICE CHIEF r! <br /> N <br /> SUBJECT : ANIMAL CONTROL BILL, BILL 258 (DRAFT 3) <br /> (WRITTEN TESTIMONY ONLY) <br /> <br /> <br /> The Hawaii Police Department would like to provide written testimony on Bill 258, Draft 3, <br /> relating to Animal Control. <br /> <br /> Upon reviewing the Animal Control Bill, Bill 258 (Draft 3) (hereinafter "Bill 258") the Hawaii <br /> Police Department would like to inform the Council of several serious concerns that the Council <br /> may have to address before Bill 258 can pass final reading. <br /> 1. According to Section 4-49 of Bill 258 agreements between the County and the animal <br /> control contractor are required. Specifically, Section 4-49 of Bill 258 states that "[a]ny <br /> Contract/Agreement shall be reviewed by the Finance Committee and then approved by the <br /> Hawaii County Council." <br /> <br /> This broad and ambiguous language may be construed to mean that contracts between the <br /> County and Hawaii County Council are to be signed and agreed to by the Council and the <br /> animal control contractor. Such a scenario appears to be an encroachment on the power and <br /> authority of the Mayor. <br /> <br /> According to Hawaii County Charter section 5-1.3(g), "the mayor shall have the power <br /> to.... sign instruments requiring execution by the county, except as otherwise provided by <br /> this charter or by ordinance." <br /> <br /> Is the Council specifically intending to take the signing power from the mayor with respect <br /> to the animal control contract? If the Council does not intend such a result, then Section <br /> 4-49 of Bill 258 should be redrafted. This issue needs to be addressed before this Bill can <br /> pass final reading. <br /> <br /> Comm. No. 149616 <br /> _ Ref. Tot presstlhl <br /> Ref. Ga"e VQV 1~_=___ <br /> "Hawai'i County is an Equal Opportunity Provider and Employer' <br />