2003-05-08 TBLASMAN - Laserfiche WebLink

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st On March 31, this year, 2003, Ms. GiffinÓs 90-day authority to continue to serve expired and as of that date, she was no longer a Planning Commissioner, who should also not continue to serve as a Planning Commissioner hearings officer. The Hawai`i County Charter has a provision that states if the Charter makes no provisions, then powers may be made by resolutions.Ñ Article II, Section 2-2 of the Hawaii County Charter states, ÐExercise of powers. All powers of the county shall be carried into execution as provided by this Charter or, if the Charter makes no provision, by ordinance or resolution of the county council.Ñ The Planning Commission Rules of Practice and Procedure contains no provision that would allow a CommissionerÓs authority to continue after the lawful expiration of his or her term. The Planning Commission Rules Of Practice and Procedure also contains no provision that the Commission, through Resolution can ratify, reaffirm and reconfirm authorities a commissioner no longer possesses. Likewise, the Hawai`i County Code, Article 7, Section 2-27 has no such provision. In closing I, again, state that my objections are in no way a personal attack upon Ms. Giffin or Mr. Togashi, but expresses my concerns regarding the authority governing this process. I believe the Hawai`i County Charter, in this case, is the proper authority; and any attempt to ratify, affirm and reconfirm the appointment of persons whose authority to serve expired is unlawful. Resolution No. 01-03 undermines the Hawai`i County Charter and attempts to impose regulations in lieu of going through the statutory rule-making processes. For the record, my objections are again noted. Thank you. FUJIKAWA:Thank you very much. Maybe the Corp. Counsel, Mr. Tori can you give any comments on this? TORIGOE:Thank you, Mr. Chairman. First of all, the County Charter is a very broad enabling document that is not meant to be, you know, a very precise rule- making kind of a document. It doesnÓt purport to cover all of the procedures that boards and commissions follow. ThatÓs for the Planning Commission rules and other statutes. The Planning Commission has whatever powers its rules and other law gives it. And without going into all of the gory details, basically, I just want to assure you that the Planning Commission does have authority to appoint hearings officers who are not members of your Commission at this point. I understand from the letter of Ms. David and talking to her that, and maybe I just want to confirm this, you really have no objection to the qualifications of Mr. Togashi, or Ms. Springer, or Ms. Giffin, do you? DAVID:Well, as far as their qualifications as experienced Planning Commissioners, I have no, yes, I have no objections to their qualifications. TORIGOE:Right. 6