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Transcript of Meeting of April 29, 2000Page 26 of 64
<br />I think the Planning Department already has to have this. It’s in a different section of the Charter. I was
<br />looking for it. I couldn’t find it, but the Planning Director, I believe, already has to have this experience.
<br />I mean, they should have experience. There’s no question about this. The same with Parks and
<br />Recreation.
<br />And the Police Department. The proposal, as I understand it, is to give additional powers to review the
<br />operation of the Police Department and to recommend improvements, and it says ‘to report the
<br />evaluation to the Mayor’. I think it should also be to the Council, so at least we find out about this right
<br />up front because in terms of policy making, I once again draw your attention to the Charter which is
<br />very specific about the functions of the Council. And it says that ‘the legislative powers of the County
<br />shall be vested in the County Council’. It doesn’t say some. It implies all, and that’s why it’s called the
<br />Legislative Branch. ‘It’s primary function shall be legislation and public policy formulation as distinct
<br />and separate from the executive administration of County government’, and the reason for that is
<br />because the Mayor is the Chief Executive Officer. In a corporate structure, the Chief Executive Officer
<br />carries out the policies of the Board. Now the Corporation Counsel does not agree with me on this, and I
<br />believe the Mayor doesn’t agree with me on this, but I don’t know what part of this language we don’t
<br />understand, but anyhow.
<br />Water Commission. Yes, all of the Commissions; the Police Commission, the Water Commission,
<br />everything – I’ll just repeat it again – should be nine, one from each member. Same with the Salary
<br />Commission.
<br />And this Cost-of-Government Commission. Quite frankly, I can’t make too many comments on it
<br />because I haven’t reviewed it real carefully. I’m not sure how it’d be implemented, etc.
<br />I understand you’re also considering, if I read the paper correctly, dismantling the Hawaii
<br />Redevelopment Agency, and I say hooray, do it as quickly as possible. Give the land use authority on
<br />that area back to the Council. We’ve got too many shenanigans going on in one particular case that I can
<br />think of.
<br />And please, once again, as I asked you at the first time I came to you, put all the Boards and
<br />Commissions requirements into 13-4, instead of some here, and these are different over here. Because
<br />just from a purely Legislative standpoint, we’re sitting there and I’ve got a file this thick, and I’m trying
<br />to figure out now wait a minute, is it five members or is it seven members. And Mr. Legaspi sends us
<br />this stuff and sometimes it’s correct and sometimes it’s not. So, I’ve got to sit there and figure out now
<br />which one is this. Is this correct? Is this a violation, or that? Just make it simple so we all understand it,
<br />and maybe you can’t do it this time. Maybe I need to do it, or the Council needs to do it – not me, I can’t
<br />do it.
<br />Almost done. Executive Session. Mr. Pranke spoke to you about Executive Session, and I would just
<br />like to say that this is a very sore subject, and the Sunshine Law, and they’re both inexplicitly tied
<br />together. You know you’ve got the Administrative Procedures Act; you’ve got the Sunshine Law; and
<br />you’ve got the OIP, Office of Information Practices; and you’ve got the AG’s Office, and they’re
<br />sending some really, kind of, mixed messages. I believe that Mr. Pranke is correct in what he’s said
<br />today. He’s submitted to me, and other member of the Council, I believe, very detailed notes and
<br />Opinions, etc., from the AG’s Office, and it’s real clear that going into Executive Session is really to be
<br />the exception, not the rule. And that you’ve got to give a reason. You’ve got to get permission from the
<br />person. You’ve got to have a request. And there’s some exceptions, as Mr. Yuen pointed out, but if
<br />there’s any confusion in here. And I wasn’t aware of this letter from the Corp Counsel. I just heard about
<br />it today. That’s why I’m commenting on it. Then be real careful because some members of the Council,
<br />in the past, met on one occasion and the AG’s Office sent an Opinion which, some portions of it were
<br />file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-29-00.html7/1/2011
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