2000-05-10 Charter Commission Minutes

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Transcript of Meeting of May 10, 2000Page 12 of 62 his first time sitting here on the Charter Commission. He used to be with the Land Use Commission. Please avail yourselves. Don’t treat us as second class citizens. JIM: Let me give you some kind of guidelines of the mandatory law, the General Law of this county, the local government. It’s very simple. You turn to Article XII, Section 3. It clearly express the incumbrance. Those are mandated, compelled, by the State and government that you cannot increase the incumbrance without the authority of government. That’s preempt law by Congress, that you accepted it under the Compact on Article XII, Section 2. It’s not something that you have to put on the ballot. It’s something that’s mandatory. Now, if you decide that you – the rumors we have – we find ourselves very difficult to come before this Board because their concerns is about the Native Hawaiians on the Constitution uses of the law of the body political, which you are. You don’t belong to us. The Constitution separates us. Can you come on our land? That tells you no. Can you get a sewer plant come on our land? Right now the County passed a law. They’re going to buy Waiakea’s sewer plant. Hell, they are. The Mayor ain’t signing nothing because he cannot receive no land from Hawaiian homes because your Charter forbid him to even accept the proposal the body political, which is the County police powers. They can’t. They can make a ruling, come before him to the management. He can’t without the incumbrance transferred to him, and it can’t be done. We are not trying, here, to make fools out people. We are trying to let the process to understand it’s impossible without the consent. You are compelled, the courts, this State, are compelled by Congress. Here they’re off right now – I am giving you notice. You are liable to exclude us. Thank you. RAY: Patrick. KAHAWAIOLA’A: Yes. RAY: By the way, we not only did not ignore this, we discussed it at some length at our last meeting in Waimea. We did have an additional correspondence from our legal counsel in regard to this issue, and we did discuss it in full and grapple with it. I apologize if you did not receive a copy of that. KAHAWAIOLA’A: We did not receive it. RAY: But we did discuss this at some length. KAHAWAIOLA’A: Then let me apologize before you because if we had known, we could have responded and maybe not - JIM: Let me put it this way. Just receive it. Within ten days you’ll get a response. KAHAWAIOLA’A: We’ll be responding within ten days to it. HERKES: I think it’s we that should apologize to you that you didn’t get that letter sooner, and I apologize. KAHAWAIOLA’A: Ma’am, I accept your apologies, with the only fact – forgive me because when we don’t have it, we assume. And when you assume, you make ass out of you and me. So, thank you very much. RAY: That concludes our public testimony unless we have anybody else that wants to sign up. Moving on. file://\\coh01\cohweb\council\charter_commission\minutes\minutes 05-10-00.html7/1/2011