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Ms. Constance R. Kinu, County Clerk February 18, 2005 Page 3 of 4 • council legislative assistants, • legislative auditor/research assistant, • fiscal/program review auditor, • administrative assistant to the legislative auditor, and • legislative analyst III. You also have pointed out to me Rule 5 of the Council Rules of Procedure from which I very much infer that the County Clerk's Office provides more clerical support to the Council, as well as a few other activities (such as elections and machine room) which do not support the Council in its legislation function. This latter support is performed by the Legislative Auditor's Office. Given the above, I would believe that the Council or the Council Chair especially, has a direct say on who is appointed or employed by the legislative auditor's office. Considering this, it is easy for me to conclude that the staff of the Legislative Auditor's Office should also be considered exempt under §42-32, HRS. All this being said, there remains two positions that don't neatly fit into the discussion offered above; the personnel-senior account clerk and a senior clerk- stenographer. The dilemma is easily rectified by recognizing that these positions do not perform the same support services to the Council as does the rest of the Legislative Auditor's staff. These positions would be more appropriately placed in the County Clerk's Office and appointed by the County Clerk, thus making them civil service positions. Therefore, I strongly urge that the personnel-senior account clerk and the senior clerk-stenographer positions be transferred to the Office of the County Clerk as their function more appropriately falls within the functions of the County Clerk's Office. Once this is done, it would be helpful to show somehow in your table of organization the separation between the Legislative Auditor's Office and the County Clerk's Office. This will help to clarify the civil service and exempt status of all the positions in the legislative branch of government. Finally, I would urge that all new Form 13s be processed once again to reflect the proper exemption authority for positions which are exempt from civil service. If you have any questions concerning the "reorganization" I'm proposing, please call Joney Nitahara at 961-8361. Otherwise, I will be glad to assist with any other Hawad'i County is an Equal Opportunity Provider and Employer