COM 0482.002 2010-2012 - Laserfiche WebLink

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December 19, 2011 Page 2 "Primary authority" means the authority which issues directly from a law - making body; legislation and reports of litigated cases. "Without express limitation" means that 1) since the Hawaii County Charter established the council as a constituted authority, 2) the council members' election occurs under organic law, and 3) because the council's legislative, primary, and imperative authority is absolutely binding on a court of competent jurisdiction, then the council clearly and unmistakably has the right to engage staff attorneys and special counsel without restraint or restriction, and without the concurrence, agreement, or assent of the corporation counsel or any member of the executive branch of the County of Hawaii. The council shall elect from among its members a chairperson and a vice chairperson, each of whom shall serve at its pleasure. Until such time as the chairperson and presiding officer shall be elected, the mayor shall preside at such meeting, provided that the mayor shall not have a vote. The chairperson shall preside at council meetings. If at any meeting the chairperson is not present or unable to act, the vice chairperson shall then preside. In the absence of the chairperson and vice chairperson, the council shall elect from among its members a temporary presiding officer. [{b -}]( The council shall appoint the county clerk which position shall be exempt from civil service laws and classifications. The county clerk shall: (1) Be the clerk of the council. (2) Be custodian of the county seal. (3) Conduct all elections held within the county. (4) Appoint the deputy county clerk, with the approval of the council, and such position shall be exempt from civil service laws and classifications. (5) Perform such other functions as the council may prescribe. (6) Appoint necessary staff for which appropriations have been made by the council, subject to civil service laws and classifications, and exercise the same power with respect to the personnel of the clerk's office as the department heads in the executive branch, with the exception of the office of the legislative auditor. [(each By a simple, affirmative majority vote, the council may hire its own council staff attorneys without express limitation. Furthermore: (1) Council staff attorneys shall be appointed positions and report to the county clerk. (2) Council staff attorneys may advise the council independently of the corporation counsel. Council staff attorneys may represent the council in litigation where the dispute is with the executive branch and where the corporation counsel may (3)