2022_10_18 Game Management Advisory Commission Minutes

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talking more as in timing during the week, timing during the month, timing during the year. So I would agree that that portion needs to be deleted. AA: Can you say that again? It came in kinda static… SW: I would agree that that portion – that 6 p.m. time will need to be deleted because right now it is contrary to law. AA: It’s contrary to law meaning? SW: Meaning that the Commission doesn’t have the authority to set the time of day when the charter talks about – I think it’s 14-3 – they’re saying that the Commission can do rules as far as time. The word “time” is meaning time of month, time of year, time of the week, it doesn’t mean time of the day, because time of the day falls under the administration, under the Office of Management. AA: So it was to have another administration, not the administration that’s in right now that does not support this and another administration that would support it, then we’ll be locked into the 2:00 meetings, right? SW: Not necessarily, no. So, um, this, the time of day can be changed – what I’m saying is that the Commission doesn’t have the authority to regulate the time of day and so the time of day – this – if you were to pass these rules as is – it would get rejected as to that portion because it doesn’t comport with the statute. RD: Ah, Chair, I got a question for counsel. AA: Go head Bob. RD: Yeah, do we have that where it’s actually stated in the charter or is that just an over reaching ability of the administration that set a time of Commission meetings. SW: No, no. It’s two different parts of the chapter of the charter. So for just one second, I’ll pull it up. AA: So it’s under 13-4 section I, each board and commission shall have the power to establish its rules of procedure necessary for the conduct of its’ businesses which rules shall contain the time and place of all regular meetings and which shall testify that a quorum shall be a majority of the members to which the board or commission is entitled. RD: Did I hear you right, Chair, that the Commission shall – does it say that the administration shall or does it say the Commission shall… SW: No. So rules are going to be subject to the administrative powers of the Office of Management and the Office of Management is delineated under Chapter 1, of Article 6 of the Hawaii County Charter, and that is under 6-1.3 which says that the Office of Management shall supervise the administrative functioning of all agencies, departments, boards and commissions. So you can’t regulate beyond your authority. So Section 13-4 regarding Boards and Commissions will not vest in you a power that is outside of your authority as a board and commission. So if you are under the Office of Management 15