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REPORT OF THE <br /> COMMITTEE ON GOVERNMENTAL RELATIONS <br /> DATE: December 7, 2011 Re: Comm. 482/Bill 152 <br /> PLACE: Council Chambers <br /> Hilo, Hawai`i <br /> TIME: 8:01 a.m. <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawai`i 96720 <br /> Your Committee on Governmental Relations, to which was referred Bill 152, reports as follows: <br /> Bill 152, transmitted by Council Member Brenda J. Ford via Communication No. 482, dated <br /> November 14, 2011, recommends a Bill for an Ordinance Initiating an Amendment to Article III, <br /> Section 6-5.5, of the Hawai`i County Charter (2010 Edition), Relating to Special Counsel and <br /> Council Staff Attorneys. <br /> Ms. Ford entered a motion to approve Bill 152, seconded by Mr. Blas. Ms. Ford stated that this <br /> Charter amendment is a separation of powers issue and it would allow the County Council to hire <br /> a Staff Attorney and Special Counsel, without express limitation, when there is a conflict of <br /> interest with representation by the Corporation Counsel. <br /> Bill 152 would also reduce the number of votes needed to hire both Staff Attorney and Special <br /> Counsel from a 2/3`d majority (six votes) to a simple majority (five votes) of the Council. <br /> Special Counsel would be paid for by the County Council, should they decide it necessary, or by <br /> Corporation Counsel if there is a conflict of interest determined by Council or Corporation <br /> Counsel between the Legislative Branch and the Executive Branch. Chair Pilago brought to the <br /> attention of the Committee, Communication 482.1, submitted by Corporation Counsel, Lincoln <br /> Ashida, transmitting suggested amendments to Bill 152. <br /> Mr. Hoffmann stated he is in favor of Bill 152, and asked Mr. Ashida to comment on why <br /> Corporation Counsel recommends deleting the phrase, "without express limitations." <br /> Mr. Ashida explained it is a little ambiguous, and recommends more specific language with <br /> respect to State procurement laws; specifically, HRS 103D. Mr. Ashida also stated that as long <br /> as the Council's intentions are to follow the State procurement laws, as would be reflected in the <br /> legislative history of this bill, it would be okay to use this phrase. <br /> Mr. Yoshimoto inquired about the other counties' rules regarding the number of votes required <br /> to hire Special Counsel, and strongly stated his preference for a super majority, six votes, since <br /> the attorney hired would represent the entire Council. Ms. Ford noted that it is not her intention <br /> to eliminate Corporation Counsel, or to change the current functions and relationship. <br /> Mr. Ashida agrees that this is the direction that the other Counties are going, and we may need to <br /> follow suit, at this point in time. When there is a situation of conflict between the Council and <br /> the Administration, Council may need legal advice from someone they feel comfortable with. <br /> GRC Report No. 9 <br />