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• RAY: Let me ask you this. Let's just take a hand count. Do you think <br />you've got enough information? Have you read enough? Do you understand this issue <br />enough at this point in time based on the information we've got? Does everybody feel <br />like we're pretty much up on what this is all about? So raise your hand if you do. <br />ALL HANDS WERE RAISED. <br />IRVINE: I have one caveat. I think I need to hear from Chris, maybe, what <br />State laws would impact what we're doing. <br />HERKES: No, what State laws would be impacted by what we're doing. <br />IRVINE: Well, one way or another. <br />YUEN: I took a quick look at this. Let me start with an overview. In State <br />law, the State Constitution says that the counties have the right to determine their own <br />structure and how they function on everything except for matters of statewide <br />significance. The first question is, does State law require you to have a Mayor/Council <br />form of government. I don't think so and I would like to make this as a tentative <br />statement because there's a couple of things I still want to look at. I think that the way <br />the State Constitution is set up, and just for my own sense, that the counties ought to <br />• be able to determine the way they want to govern themselves, that if the voters of a <br />particular county don't want to have the form of government where you have an elected <br />Mayor who is separate from the Council and they would rather have strictly an elected <br />Council and an appointed City Manager who has many of the functions that have <br />normally been carried out by the Mayor, I think that the County can go ahead and do <br />that. There are some complications to this. I did a computer search of every place the <br />word "Mayor" appears in State law, in the Hawaii Revised Statutes, and I don't have an <br />exact number but it's something like 44. Just to give you an idea or a flavor of what <br />some of these things are, they range from very minor things to fairly important things. <br />There are many functions and powers that are given to the counties by State law in <br />which the Mayor is given a particular role and in almost all of these cases, I think it can <br />fairly be said that when the State Legislature passed this law and they said "Mayor", <br />they simply assumed that the County would have a Mayor and they weren't saying that <br />you've got to have a Mayor instead of a County Manager form of government. Just to <br />start with the examples, there are number of Boards and Commissions that are set up <br />under State law where it says that the Mayor shall appoint certain members to the <br />Commission. There's an Advisory Commission to the Department of Business and <br />Economic Development. There's a County Arborist Advisory Committee. There's a <br />Commission on the Status of Women. There are several other things. But moving to <br />the areas that are perhaps more serious and need to be looked at very carefully, the <br />County is authorized to issue bonds and the Mayor is supposed to sign those bonds. <br />The State law says the Mayor signs the bonds. We talk a little bit about rules and <br />• <br />13 <br />