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Ms. Constance R. Kinu, County Clerk February 18, 2005 Page 2 of 4 The next is §76-77(10), wherein positions specifically exempted from this part (civil service laws) by any other state statute, are identified as being exempt. Through this reference, we then turn to §42 -32 where in it provides that the council may appoint and employ personnel as it deems necessary and prescribe their powers, duties, and compensation. It goes on further to specifically state that all such personnel (appointed by the Council) shall be exempt from the civil service and the position classification plan. I apply these laws to provide that all positions in the legislative branch are all civil service except for those temporary election clerks (§76-77(9)), and positions filled by the Council. I do not consider the Council as appointing and employing all personnel within the legislative branch. This is because our County Charter specifically provides, in Section 3-6(b)(6) that the County Clerk shall appoint necessary staff. Because the Charter specifically gives the authority to appoint necessary staff to the County Clerk, anyone appointed by the County Clerk is civil service. The only exception is the temporary election officers (§76-77(9)). However, Section 3-6(b)(4) provides that the County Clerk appoints the deputy county clerk and the legislative auditor. However, unlike "necessary staff" these two appointments are subject to the Council's approval. Given this fact, I construe the Council as having authority for these appointments and thus exempt under §46-32, 1 note that organizationally, the staff of the legislative auditor's office is apart and distinct from the County Clerk's Office. 1 note too that the charter and laws are silent as to who appoints the legislative auditor's staff. However, you have pointed out that Rule 4.2 of the Council Rules of Procedures provides that the Council Chair assists Committee chairs and members by assuring the availability of adequate administrative and support staff. These administrative and support staff, I believe, are the • special assistant to the council chair, • executive assistant to the council chair, • council legislative assistants, and • council aides. I would also consider the Office of the Legislative Auditor as providing administrative and support staff to the Council. Positions in the legislative auditor office are the • legal specialist, • legislative auditor assistants I and 11, Hawaii County is an Equal Opportunity Provider and Employer