REP GRC 014 04/17/2012 2010-2012

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REPORT OF THE COMMITTEE ON GOVERNMENTAL RELATIONS DATE: April 17, 2012 Re: Comm. 627/Bill No. 211 PLACE: Council Chambers Hilo, Hawaii TIME: 9:58 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Governmental Relations, to which was referred Bill No. 211, reports as follows: Bill 211, transmitted by Council Chair Dominic Yagong via Communication No. 627, dated March 12, 2012, initiates an amendment to the Hawaii County Charter (2010) by repealing Article VI, Chapter 5, and adding a new article to provide that the Corporation Counsel shall be an elected official of the County. At the March 20, 2012 Governmental Relations Committee meeting, Mr. Yagong stated that this Charter amendment, should it be adopted by voters in the 2012 General Election, would not go into effect until the 2014 General Election. At that time, the Corporation Counsel would be an elected position for two years. Starting in 2016, and from then on, it would become a four-year term to be co -terminus with the Mayor's term. This would be consistent with the Prosecuting attorney, who is also elected every four years. The reasoning behind this Charter amendment is that there are times when the Corporation Counsel is caught between a rock and a hard place having to represent both the Legislative and Executive Branch of the County government. Mr. Yoshimoto agreed it would be a good idea to put this measure to the island voters, and suggested staggering the term rather than making it co -terminus with the Mayor's term to make the position even less political. Mr. Yoshimoto also suggested making the term six years, like the Legislative Auditor, because of the enormous responsibility of the job. This would allow that person to focus on their work and not have to campaign every four years. Mr. Yoshimoto asked Corporation Counsel Lincoln Ashida to comment. Mr. Ashida agreed that it takes a lot of work to be involved in the campaign process, and there are benefits as well. Because it is the exclusive function of the Corporation Counsel to serve the County, most work takes place in the offices; so getting out in the community would be good. Ms. Ford supported the bill, and had some additional recommendations. Ms. Ford agreed with Mr. Yoshimoto's suggestion regarding staggering the terms so as not to coincide with the Mayor's term. She also recommended that language be added to the bill that would prevent the Corporation Counsel from being a part of the Mayor's cabinet, so the position would not be tied to the Administration. Ms. Ford also recommended that requirements be added stating the candidate must have a license to practice before the Hawaii State Supreme Court and have a minimum number of six years in practice as an attorney. GRC Report No. 14