BIL 152 Draft 05 2010-2012 - Laserfiche WebLink

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v OF M,w' COUNTY OF HAWAII STATE OF HAWAII •j,FtF OF�M►'�' BILL NO. 152 (DRAFT 5) ORDINANCE NO. AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, CHAPTER 5, SECTION 6-5.5, OF THE HAWAII COUNTY CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL STAFF ATTORNEYS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawaii County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without express limitation. SECTION 2. Article III, section 3-6 of the Hawaii County Charter (2010 Edition) is amended to read as follows: "Section 3-6. Organization of the Council; Officers; Employees. (a) Definitions. For the purpose of this section the following definitions a "Constituted authority" means the legislative executive and judicial departments officially and rightfully governing_a municipality; properly appointed or elected under organic law, such as a constitution or charter. "Imperative authority" means an authority that is absolutely binding on a court. "Limitation" means the act of limiting; the state of being limited; a restriction. "Organic Law" means the body of laws (as in a constitution) that define and establish a government; fundamental law. "Primary authority" means the authority which issues directly from a law -making body; legislation and reports of litigated cases. "Without limitation" means that 1) since the Hawaii County Charter established the council as a constituted authority) 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 council 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.