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-,.f'4 OF"may Lincoln S.T. Ashida <br /> Har ry Kim �- • �I� Corporation Counsel <br /> Mayor <br /> Gerald Takase <br /> Assistant Corporation <br /> ''E o�'N► Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 + Hilo, Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> July 29, 2004 <br /> Corporation Counsel Opinion 2004-04 <br /> Honorable Bob Jacobson <br /> Hawaii County Council <br /> County of Hawaii <br /> 25 Aupuni St. <br /> Hilo, HI 96720 <br /> Dear Councilman Jacobson: <br /> RE: Article III, Section 3-2, Hawaii County Charter <br /> WRK NO. 03-3641 <br /> This communication is intended to address the apparent discrepancy between <br /> Corporation Counsel Opinion 2004-03, and a letter dated April 16, 1998, from former <br /> Assistant Corporation Counsel Ted H. S. Hong, to former Councilman John Ray, <br /> concerning the Hawaii County Charter's "term limits law." <br /> For ease of reference, both Mr. Hong's letter(hereinafter"1998 letter") and the <br /> communication from former Councilman John Ray and its attachments are appended <br /> hereto for reference purposes. <br /> I first became aware of the 1998 letter after our Opinion 2004-03 had been <br /> completed and routed to you. In hindsight, this was a good thing, since my research <br /> was truly independent, and devoid of any influence from my predecessors in office. <br /> With all due respect to Mr. Hong, we disagree with his conclusion as to the <br /> "effective date" of the charter amendment. <br /> The 1998 letter accurately points out, as we have in our Opinion 2004-03, that <br /> Ordinance No. 95-20 fails to properly identify a start date for purposes of calculating <br /> term limits. The ordinance also lacks significant legislative history in order to properly <br /> glean the intent of the County Council. <br /> The 1998 letter cites the following language from the Hawaii County Charter, <br /> relating to charter amendments: <br /> If the majority of the voters voting upon a charter amendment votes in <br /> favor of it or a new charter, if a new charter is proposed, the amendment or <br /> new charter shall become effective at the time fixed in the amendment or <br /> charter. Amended, 1990 Gen. Elec.) (Emphasis added) <br /> Hawaii County is an Equal Opportunity Employer and Provider <br />