REP FC 176 2014/05/12 (2012-2014)

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REPORT OF THE COMMITTEE ON FINANCE DATE: May 12, 2014 Re: Comm. No. 878/Bill No. 255 PLACE: Council Chambers Hilo, Hawaii TIME: 10:40 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawaii 96720 Bill No. 255,transmitted by Council Member Brenda J. Ford, via Communication No. 878 dated April 24, 2014, initiates an amendment to Article III, Section 3-6, and Article VI, Section 6-5.5 of the Hawai`i County Charter(2012 Edition), relating to the appointment of Legal Counsel in the Legislative Branch and the Authorization of Special Counsel. The proposed bill authorizes the Council to employ special counsel and Council staff attorneys without limitation. Council Member Ford spoke in support of the bill. She stated that the Hawaii County Charter is ambiguous relating to Special Counsel in Section 6-5.5. Her intention is to give the Council individual power to acquire an attorney, if needed, without limitation. Assistant Corporation Counsel Katherine Garson appeared before Your Committee for questions. She confirmed that the authority to hire special counsel already exists in the Hawai`i County Charter. Ms. Garson continued that it may be done with a majority two-thirds vote; however, Corporation Counsel could confer with them since it comes out of their budget. Several Council Members expressed their concerns with the bill. Council Member Kern, who opposes the bill, feels it will cause conflict between the Legislative Branch and the Administrative Branch. Council Member Eoff, who also opposes the bill, was concerned about the expense this amendment will cost the taxpayers. Your Committee on Finance is not in accord with the purpose and intent of Bill No. 255, and forwards it to Council with a negative recommendation. sc AYES NOES ABS EX Respectfully submitted, EOFF X FORD X COMMITTEE ON FINANCE ILAGAN X KANUHA X KERN X I ONISHI X POINDEXTER X _ VALERIE T. POINDEXTER, CHAIR WILLE X FC REPORT NO.: 176 YOSHIMOTO X ADOPTED: JUN 0 4 2014