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Ad Hoc Committee on Small Boat Harbors and Boating Facilities Repo rt of The Legislative and Legal Su b-Committee IVIay 5, 2006 To Pat Cunningham, Chairman, Kawika Marquez, Vice Chairman, Members of Ad Hoc Committee From: Jerry F. Halverson, Gordon Leslie, Members, Legislative and Legal Sub-Committee Re: Final Report of Legislative and Legal Sub-Committee Background and Authority In its Resolution No. 233.06, (See Attachment No.1) the County Council of Hawaii County announced that the Governor has offered "the County the opportunity to manage and operate existing small boat harbors and boating facilities * * * under a 'home rule' policy". Pursuant to this Resolution, the County Council established this temporary Ad Hoc Fact-Finding Committee and charged it with the responsibility "to gather and analyze all information available, make determinations listed above (see nine "determinations" listed in the attached Resolution as necessary "to provide a plan of action and formulate a structure"), and any other pertinent information that may come before the Committee during fact-finding, with the Committee selecting a chairperson to be its spokesperson who will make recommendations to the Hawai'i County Council by May 31, 2006:" The Ad Hoc Fact-Finding Committee was duly established and convened its first meeting on February 15,2006. At its meeting ofl\'larch 2, 2006, the Chairman established nine sub- committees, each charged with analyzing and reporting on one or more of the "determinations" referenced above. The Legislative and Legal Sub-committee, one of the sub-committees so established, was charged with the responsibility to ascertain the authority of the DLNR to transfer the management and operation of the boating facilities, and, if transferred, the nature and extent of the interest that could be transferred to the County. Sub-Committe~ Preliminary Repor1: Your sub-committee reviewed existing statutes, executive orders issued in similar instances, legislative resolutions and considered the expressed views of interested members of the Legislature. It \vas the conclusion of the sub-committee that based upon past state practice and the authority of the executive branch, by and through the DLNR, authority probably exists to undeJiake the proposed transfer. However, notwithstanding past State practice and statutory language arguably authorizing a transfer by the executive branch, as proposed, there existed uncertainties to the extent that opinions from the State Attorney General's Office and the OHice of the County Corroration Council would be desirable on a number of issues. Your sub-com mlttec therefore prepared for your consideration, and that of the Committee members, a memorandum dated !\'Iarch 16,2006, (see Attachment No.2) setting out a description and analysis ofthesub-committee's legal and legislative concems and which covered two proposed letters, each dated March 16, 2006, setting out a series of questions from the Ad Hoc Committee and addressed to the Depal1ment of the Attorney General and to the Office of the Corporation Counsel. The letters were mailed as submitted.