RES 053 Draft 01 2012-2014 - Laserfiche WebLink

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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 53 13 A RESOLUTION URGING THE MAYOR TO ADDRESS THE CONFLICT OF INTEREST IN THE OFFICE OF THE CORPORATION COUNSEL WHEN THE SAME ATTORNEY REPRESENTS DIVERGENT INTERESTS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES. WHEREAS, pursuant to Section 6-5.3 of the Hawaii County Charter, the Corporation Counsel is the chief legal advisor and legal representative for both the Executive Branch (Office of the Mayor) and the Legislative Branch (County Council); and WHEREAS, the current Corporation Counsel is also a key member of the Mayor's political cabinet; and WHEREAS, the role and responsibilities of the Executive and Legislative Branches counterbalance each other, such that the two branches naturally have adverse interests; and WHEREAS, the differing interests of these two branches of government contributes positively to the health of our democracy by providing for a structural separation of powers; and WHEREAS, when the interests of the Executive Branch and the interests of the Legislative Branch are at odds, as a member of the Mayor's political cabinet, the Corporation Counsel understandably demonstrates a closer alliance to the interests of the Executive Branch; and WHEREAS, the current Corporation Counsel stated that he has or will appoint a person in his office, separate from himself, to work independently with the County Council; and WHEREAS, the current Corporation Counsel and the current Assistant Corporation Counsel both continue to concurrently represent the Mayor and the County Council; and WHEREAS, the Council Members and members of the public are concerned about this inherent conflict in roles or, at a minimum, the appearance of a conflict of interest and the resulting lack of trust in the independence of the Office of the Corporation Counsel; and WHEREAS, pursuant to Section 5-1.3 of the Hawaii County Charter, the Mayor shall have the power through the Managing Director to supervise and coordinate all executive agencies of the County; now, therefore,