RES 088 Draft 01 2010-2012 - Laserfiche WebLink

Home

COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. A RESOLUTION AUTHORIZING THE RETENTION OF SPECIAL COUNSEL BY THE HAWAII COUNTY COUNCIL TO PROVIDE LEGAL OPINION REGARDING (1) FORM AND/OR LEGALITY OF BILL 29, DRAFT 4, THE PROPOSED OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR FISCAL YEAR 2011- 2012 AS ADOPTED BY THE HAWAII COUNTY COUNCIL ON JUNE 1, 2011; (2) THE VETO MESSAGE FOR BILL 29, DRAFT 4, AS TRANSMITTED BY THE HONORABLE MAYOR WILLIAM P. KENOI, DATED JUNE 15,2011; AND (3) THE LETTER BY CORPORATION COUNSEL LINCOLN S.T. ASHIDA TO FINANCE DIRECTOR NANCY CRAWFORD, DATED JUNE 14, 2011, REGARDING BILL 29, DRAFT 4. WHEREAS, section 6-5.5 of the Hawaii County Charter, 2010 edition, states "The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services"; and WHEREAS, Bill No. 29, the proposed operating budget for the County of Hawaii for fiscal year 2011-2012, was submitted by the Honorable Mayor William P. Kenoi on March 1, 2011; and WHEREAS, on May 5, 2011, the Mayor submitted proposed amendments to Bill No. 29, said amendments were incorporated into the proposed operating budget, as Draft 2; and WHEREAS, at the May 18, 2011, meeting of the Hawaii County Council, Bill No. 29 NA as further amended by the Council, said Draft 3 was scheduled to be heard on June 1, 2011; and WHEREAS, at the June 1, 2011, meeting of the Council, Bill No. 29 was further amended and adopted by the Council, said Draft 4 was transmitted to the Mayor on June 7, 2011; and WHEREAS, on June 14, 2011, Hawaii County Corporation Counsel Lincoln S.T. Ashida issued a legal communication addressed to Finance Director Nancy Crawford, said legal communication alleged that Bill No. 29, Draft 4 contained " ... numerous legal infirmities with respect to actions taken by the Council (and actions not taken by the Council)" and further alleged that said legal infirmities "... compromise the integrity" of Bill No. 29, Draft 4. The Corporation Counsel further opined that the Corporation Counsel is "... unable to approve the bill as to form and/or legality, and cannot recommend Bill 29 (Draft 4) become law as presently submitted" and further alleged that the Council violated the Hawaii County Charter and the Hawaii County Code; and