2006-11-17_Motion_to_Dismiss_Petition_for_Declaratory_Ruling_re_Herron_Whitehead

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B. The issues presented in the Petition fall outside the scope of the specific powers granted by the County Charter. The issues presented in the Petition do not relate to any final decisions made by the Director regarding matters within the Director's jurisdiction. Instead, the Petitioners are requesting the Board to issue a declaratory ruling on matters that are clearly outside the scope of its powers granted by the Hawaii County Charter. In the first issue presented in the Petition, Petitioners are actually asking the Board to interpret Section 13-20(a) of the Hawaii County Charter and Section 9217-11(b), HRS, to declare that the Director must allow the public to have access to information in the Planning Department's records regarding the processing of subdivisions, rezoning ordinance conditions and other related matters. This issue clearly does not relate to a final decision made by the Director regarding matters within the Director's jurisdiction. Matters regarding public access to government records under the Uniform Information Practices Act("UIPA"), Chapter 92F, HRS, are under the jurisdiction of the State of Hawaii Office of Information Practices ('011"'), not the Board. If Petitioners are claiming that the Director is in violation of the UIPA or Section 13-20(a) of the Hawaii County Charter, they have the option to file a complaint against the Director with the OIP. They do not, however, have the option of obtaining a declaratory ruling from the Board because the Board is without jurisdiction to issue such a declaratory ruling. In the second issue presented in the Petition, Petitioners are asking the Board to rule that the Director must require conformity with relevant specific provisions of the General Plan regarding the Luala`i III subdivision and that the Director must refrain from any further action on the Luala`i III subdivision unless and until Parker Ranch agrees to complete Phases 1 and 3 of the Connector Road according to the schedule set forth in the Luala`i III Tentative Plan Approval 6