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BRENDA J. FORD <br />Council Member <br />District 7 - Central Kona <br />DATE: <br />TO: <br />FROM: <br />SUBJECT: <br />Phone: <br />Fax: <br />(808) 323 -4277 <br />(808) 329- 4786 <br />E -Mail: bford @co.hawaii.hi.us <br />HAWAII COUNTY COUNCIL <br />County of Hawaii <br />West Hawaii Civic Center <br />74 -5044 Ane Keohokalole Hwy. <br />Kailua -Kona, Hawaii 96740 <br />December 29, 2011 <br />Dominic Yagong, Chairperson, <br />and Members of the Hawai`i County Council <br />�$renda J. Ford, Council Member <br />Proposed Amendment to Bill No. 152, Draft 2; An Ordinance To Initiate An <br />Amendment To Article III, Section 3 -6, And Article VI, Chapter 5, Section 6 -5.5, <br />Of The Hawai`i County Charter (2010 Edition), Relating To Special Counsel And <br />Council Staff Attorneys. <br />Please see attached proposed amendments to Bill No. 152, Draft 2. The proposed amendments <br />are illustrated below in Ramseyer format with respect to the contents of Bill No. 152, Draft 2 and <br />bolded for emphasis (material to be deleted is bracketed and stricken; material to be added is <br />underscored). <br />Section 3 -6, as provided in Bill No. 152, Draft 2, is amended by amending subsection (d) to read: <br />"(d) By a [ ' , • ] two- thirds vote of its entire <br />membership, the council may hire its own council staff attorneys without express <br />limitation. Furthermore: <br />Council staff attorneys shall be appointed positions and report to the county <br />clerk. <br />Council staff attorneys may advise the council independently of the <br />corporation counsel. <br />Council staff attorneys may represent the council in litigation where the <br />dispute is with the executive branch and where the corporation counsel may <br />represent the mayor or any officer or employee of the executive branch. <br />(4) In the event that council staff attorneys are authorized to represent the <br />council in litigation, those staff attorneys shall be deemed to have the status <br />of "special counsel" for the purpose of that litigation." <br />(1) <br />(2) <br />(3) <br />• <br />A draft copy of Bill No. 152, Draft 3, is attached with the proposed amendments incorporated <br />therein. <br />BJF /dkr <br />att. <br />Serving the Interests of the People of Our Island <br />Hawai `i County Is An Equal Opportunity Provider And Employer <br />Comm. No. <br />Ref. To: i+uit <br />Ref. Dote flF(; 2 2 7Q11 <br />82 . s <br />