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�p,•'w 'f . +�,', William T. Takaba <br /> ��,_4 • Managing Director <br /> Ft'ifliam P. Kenoi <br /> Mayor Walter K.M. Lau <br /> ?+•P - Deputy Managing Director <br /> • County of Hawa <br /> Office of the Mayor <br /> 25 Aupuni Street, Suite 2603 • Hilo, Hawai`i 96720 • (808) 961 -8211 • Fax (808) 961 -6553 <br /> KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawaii 96740 <br /> (808) 323-4444 • Fax (808) 323 -4440 <br /> June 15, 2011 <br /> Members of the Hawai`i County Council <br /> Hawai`i County Building <br /> 25 Aupuni Street <br /> Hilo, Hawai`i 96720 <br /> RE: VETO MESSAGE — BILL 29 (DRAFT 4) <br /> FISCAL YEAR 2011 — 2012 OPERATING BUDGET <br /> Pursuant to Section 3 -12 of the Hawai`i County Charter, I am disapproving Bill 29 (Draft 4), the <br /> 2011 -2012 Operating Budget, and returning it to you. <br /> Key Council Budget Amendments Are Apparently Illegal <br /> While I appreciate the time and effort the County Council has invested in proposing amendments <br /> to the operating budget, these amendments do not meet the requirements of the County of <br /> Hawai`i Charter or the County Code. I have no choice but to veto Bill 29 (Draft 4) as amended <br /> by the Hawai`i County Council. <br /> Corporation Counsel has issued a legal analysis to County Director of Finance Nancy Crawford <br /> that found "numerous legal infirmities...that compromise the integrity of this bill." This review <br /> concluded some of the most important Council budget amendments are apparently illegal <br /> because they violate the separation of powers requirements of the Hawai`i County Charter. The <br /> Corporation Counsel analysis also found that a separate Council amendment violates the <br /> ordinance that governs the Public Access, Open Space and Natural Resources Preservation Fund <br /> (PONC). Yet another Council amendment involves unacceptable financial risks because it <br /> proposes to immediately spend millions of dollars in county funds that should be held in reserve <br /> to prepare for uncertainties this year and in the years ahead. <br /> These legal and other defects in the council's budget amendments could have been avoided. It is <br /> my sincere hope that my administration and the Hawai`i County Council will be able to work <br /> together on the budget in a more collaborative partnership in the future. <br /> Cain Mo. ///.75' <br /> Ref. Tor ,o ma <br /> County of Hawai`i is an Equal Opportunity Provider and Employer. f• Date ,JUN 16 2011 <br />