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COM 0604.054 1996-1998
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COM 0604.054 1996-1998
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Last modified
5/13/2008 10:19:54 PM
Creation date
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0604
Point
054
Author
Richard D. Wurdeman, Corporation Counsel
Communications - Referred To
COUNCIL
Comments
Presented: Council - 10/7/98
Document Relationships
AGE COUNCIL 10/07/1998 1996-1998
(Related)
Path:
\Council Records\Agendas\1996-1998\Council
COM 0604.000 1996-1998
(Related)
Path:
\Council Records\Communications\1996-1998
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Dominic Yagong, Councilmember <br /> 24 September 1998 <br /> Page 2 <br /> Resolutions have even been upheld when they had no title at all, but were merely oral motions to <br /> authorize executive action. Foster v. Citv of St. Anthony, 841 P.2d. 413 (Idaho 1992). We <br /> conclude, therefore, that there is nothing in the County Charter prohibiting the amendment of <br /> resolution titles. <br /> This is not dispositive of the matter, however, Chapter 92-7(a) of the Hawaii Revised Statutes <br /> requires that notice be given for all Council meetings, and that this notice include all items to be <br /> considered at the forthcoming meeting. Changes to the agenda which aze of reasonably major <br /> importance must be continued to another reasonable day and time. HRS § 92-7(d). <br /> A change to the title of an agendized resolution inherently necessitates a change of agenda. <br /> Therefore, if the matter is of reasonable importance, it must be continued to another meeting. <br /> In conclusion, if the Council found it necessary to change the title to the subject resolution, a <br /> determination should have been made as to its importance and effect on significant numbers of <br /> people, and if that determination was positive, it should have been re-agendized for consideration <br /> at a subsequent meeting. <br /> <br /> RDW:brel <br /> resotitles <br /> <br />
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