RES 088 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, by not designating the June 14, 2011, legal communication as a privileged and confidential document, Corporation Counsel allowed this document to go public to the detriment of the Council; WHEREAS, on June 15, 2011, the Mayor returned Bill No. 29, Draft 4 to the Council with a veto message that alleged that Bill No. 29, Draft 4 did not meet the "requirements of the County of Hawai'i Charter or the County Code" said veto message also stated his disapproval of other portions of the Bill and alleged philosophical differences with the Council budget amendments; and WHEREAS, the Mayor used the Corporation Counsel's June 14, 2011, legal communication to support his allegations that the Council violated the Hawaii County Charter's separation of powers provision when it created the Council adjusted expense account, and violated the Hawaii County Code when it reduced the deposit into the Public Access, Open Space, and Natural Resources Preservation Fund by $1,000,000; and WHEREAS, the June 14, 2011, legal communication by the Corporation Counsel was forwarded by executive assistant to the Mayor, Kevin Dayton, on June 15, 2011, to The West Hativai 'i Today newspaper and their reporter called Council Member Dominic Yagong to seek his comments on the June 15, 2011, budget veto message, this was the first time that Council Member Dominic Yagong was informed of the June 14, 2011, legal communication; and WHEREAS, the Corporation Counsel, in the performance of his official duties as attorney for the Council, provides solicited and unsolicited legal advice to the Council concerning pending Council legislative actions, and did so during the Bill No. 29 hearing process; and WHEREAS, during the Council's discussion of Bill No. 29 Draft 3 on June 1, 2011, the Corporation Counsel did not advise the Council that the budget amendments being considered for adoption as Draft 4, presented the "legal infirmities" that he describes in his legal memorandum dated June 14, 2011; and WHEREAS, the Council feels that there is a need to seek legal advice from special counsel because of the June 14, 2011, legal memorandum by Corporation Counsel to the Finance Director; and WHEREAS, by stating that the Council has violated both the Hawaii County Charter and the Hawaii County Code it is impossible for Corporation Counsel to fairly represent the position and interest of the Council, making it necessary to obtain independent legal representation; and WHEREAS, the Office of the Corporation Counsel cannot continue to serve as the attorney for the Mayor and for the Council because they cannot provide legal advice and serve as advocate to both the executive branch and the legislative branch on matters concerning Bill No. 29, Draft 4; and