2007-01 re New Procedures for Use and Reproduction of the County Seal

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In discussion with the County Clerk, a legitimate concern was raised regarding the above-cited section of our Code. In sum, we wish to encourage our County departments/agencies to continue to proudly display our County seal, but protect them from any public criticism or other repercussion concerning compliance with existing law. The above cited Code provision requires proper authorization from the Hawai'i County Council "in writing" prior to anyone reproducing the County seal. Although this section arguably may not apply to County officers and employees, the Code section appears to favor broad construction of its terms and requirements. The following suggested procedure adequately deals with this issue, and ensures compliance with Section 2-155 of the Code. We ask all County departments/agencies to forthwith comply with the following: 1. Departments/agencies wishing to reproduce the County seal on clothing or other items, whether for distribution or sale to County employees or members of the public shall send a short written description of what is proposed to the County Clerk. 2. The Clerk will forward this written communication to the Chair of the County Council. 3. In the event the Council Chair has any concerns regarding what is proposed, discussion will ensue with the County department/agency. If there are no concerns, the requirements of Code Section 2-155 are satisfied, and the department/agency may proceed. We trust compliance with this procedure will allow our County departments/agencies to continue their present practice of proudly displaying our County seal, while complying with our existing laws. Please contact County Clerk Casey Jarman or me if you have any questions or concerns. c: Honorable Casey Jarman, County Clerk S: Departments/Corporation Counsel/Numbered Memorandum 2007-1 2-28-07/LSAmr 2