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REPORT OF THE <br />COMMITTEE ON GOVERNMENTAL RELATIONS <br />DATE: November 1, 2011 Re: Comm. 446/Bill 134 <br />PLACE: Council Chambers <br />Hilo, Hawaii <br />TIME: 12:05 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Committee on Governmental 'Relations, to which was referred Bill 134, reports as follows: <br />Bill 134, transmitted by Council Member Dominic Yagong via Communication No. 446, dated <br />October 25, 2011, is a bill for an ordinance initiating an amendment to the Hawaii County <br />Charter by adding a new article relating to mandatory drug testing for elected officials and <br />amending Article III, Section 3-5, Article V, Section 5-1.6 and Article IX, Section 9-6, Relating <br />to Removal of Elected Officials. <br />Mr. Yagong entered a motion to accept communication 446 with Ms. Ford second. <br />The motion carried with 9 ayes. Mr. Yagong reminded counsel'that as a bill to amend the charter <br />it would require a minimum of 6 positive votes. <br />Chairman Yagong requested this item to be tabled to end of day since we are well behind <br />schedule and many were waiting on other business. Motion to table by Mr. Yoshimoto with <br />second by Mr. Onishi, received 9 ayes. <br />This committee recessed at 12:0.7 p.m. and reconvened at 7:10 p.m. <br />Mr. Yagong stated he had received a privileged and confidential opinion from Corporation <br />Counsel He moved to waive privilege and openly discuss in the open reminding council that the <br />vote to waive must be unanimous. Mr. Hoffman seconded. <br />Mr. Yoshimoto expressed concern over open discussion that may hinder the council in any <br />challenge to'the opinion. <br />Mr. Hoffman asked if we waive, may we change our position if the conversation goes where we. <br />don't wish it to go? Corporation Counsel Kathy Garson replied that we couldn't do that but that <br />Council may wish to convene executive session to discuss the details with counsel. <br />Ms. Ford asked if we could agree to waive privilege as long as no issues of liability were <br />discussed. Ms. Garson replied we could not. <br />Mr. Yoshimoto felt "the lawyer in me" believes we should go into executive session and agree to <br />discuss in public. This gets us all on the same page. Once we waive privilege there is no going <br />back: <br />GRC Report No. 8 <br />