2001-04-05_Delegation_of_Mayor's_Authority_to_Sign_Documents

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/J . -1 Larry S. Taninoto Mayor Richard I. Miyamoto Corporation Counsel •°"` "''� Steven Christensen Office of the Corporation Counsel Assistant Corporation Counsel Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720 • (808) 961-8251 oi'w�+ FAX (808) 969-7049 FILE COP July 17, 1990 DIV CHIEF,_ ACC --/-'—�� CC MEMO TO: Managing Director FROM Frederick Giannini, Deputy Corporation Counsel SUBJECT: "Acting Mayor" Terminology This is in response to your memorandum of June 25, 1990, in which you asked about the use of the term "Acting Mayor. " You have stated that the Mayor ' s Office of the County of Hawaii has used this title for the Managing Director serving as Mayor during the Mayor ' s temporary absence or disability, pursuant to §5-1. 6 of the county charter. The Hawaii County Charter does not use the term "Acting Mayor . " Section 5-1. 6 states, however : During the temporary absence or disability of the mayor, the managing director shall act as mayor . [Emphasis supplied. ] "Acting Mayor" connotes someone doing the duty of another position while that position is vacant . Capibianco v. Civil Service Commission, 60 N.J. Super . 307, 158 A.2d 834 (1960) ; Pellechia v. Mattia, 121 N.J.L. 21, 1 A. 2d 28 (1938) . The term "Acting Mayor" is often used to denote one who fills the position which is vacant due to death or resignation, pending the election or selection of a sucessor . Mayer v. D'Ortona, 408 Pa . 518, 184 A. 2d 582 (1962) ; Culbertsen v. Moore, 196 S.W. 2d 308, 302 Ky. 768 (1946) . Because the term "Acting Mayor" is used for situations when the office is vacant, and not to situations where the Mayor is temporarily absent or disabled, to avoid confusion, this office recommends that regardless of where the Mayor is during his temporary absence or disability, (1) the Managing Director should sign her name "for" the Mayor on documents that requires