BIL 255 Draft 01 2012-2014 - Laserfiche WebLink

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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 255 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, SECTION 6-5.5 OF THE HAWAII COUNTY CHARTER (2012 EDITION), RELATING TO THE APPOINTMENT OF LEGAL COUNSEL IN THE LEGISLATIVE BRANCH AND THE AUTHORIZATION OF SPECIAL COUNSEL. 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 Hawai' i County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without limitation. SECTION 2. Article III, section 3-6 of the Hawaii County Charter (2012 Edition), is amended read as follows: "Section 3-6. Organization of the Council; Officers; Employees. (a) Definitions. For the purpose of this section, the following definitions apply: "Constituted authority" means the legislative, executive, and judicial departments officiallyahey 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, 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 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 Hawai `i.