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MIN CHC 1999-08-11
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MIN CHC 1999-08-11
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10/9/2018 11:25:10 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1999
Meeting date
8/11/1999
Type
MIN
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AGE CHC 1999-08-11 SP MTG
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regulations. When rules and regulations are adopted, which they can be by the <br />Planning Commission, by the Water Commission. The Water Commission can set <br />rules about who has to hook up and how many hook ups you can have. Those are <br />under State law. The State Statute says those are signed by the Mayor. There are a <br />couple of instances, and these are the ones that give me concern at this point, where <br />the State law specifically describes the Mayor as being the Chief Elected Official of the <br />County. I think there are only two or three of those. In Liquor Control, which is <br />delegated to the counties, there are functions that are carried out by the Mayor. The <br />Mayor, for example, appoints, and this is in the Charter as well, the Mayor appoints the <br />Liquor Commission. It defines the Mayor as being the Chief Elected Official of the <br />County. The same thing is true for certain motor vehicle licensing requirements in <br />CHAPTER 286. At this point, I don't think that this is an insurmountable problem and I <br />don't think that you need enabling legislation from the State to go to a County Manager <br />form of government. If the Commission wants to continue on this, I would like to look at <br />it in a little more detail and present a little more of a formal opinion about this. I need to <br />say one thing further though, and this is a complication of all of this. If the Charter does <br />go to a City Manager form of government, I feel that one individual will have to be <br />designated in the Charter as having those powers which are delegated to the County <br />Mayor under State law and that person can be called the City Manager. I don't think it <br />has to be called the Mayor. But if you go to the kind of system where you have a Mayor <br />and a City Manager, I feel that it would be very dangerous from a legal point of view, to <br />try to put some of those functions with the City Manager and some of those with the <br />Mayor. I think that all of those functions where State law says the Mayor has this <br />power, will have to still go to the person who is called the Mayor and then you will have <br />a split in certain powers between the City Manager and the Mayor, and I can give a <br />more comprehensive listing of what all these State delegated functions and powers are. <br />The final thing that I'd like to say about this is that even after I do a more formal work- <br />up on this question which I would want to do, it's impossible to give you 100% <br />assurance that the City Managing form of government is legal in Hawaii without some <br />further authorization of the State Legislature. As I sit here, I think it is but this is the <br />kind of thing that lawyers can only give opinions and if the voters enact the City <br />Manager form of government and somebody wants to challenge the authority of the <br />City Manager to do certain things, it is possible that a court could say that it is not <br />authorized under State law. I say that as a possibility and I think no attorney can give <br />you an absolute 100% assurance that that couldn't happen. <br />SANTANGELO: Thank you, Chris. This is kind of like getting into the problem <br />solving. I sense where the Chairman is going is do we have enough information to <br />have some opinion whether we want to pursue this or not. On my side, I looked at it <br />and some things that caught my attention were out of looking at our peers and some <br />figure popped out. Of 1900 of them or something, there were 1200 of them, or two- <br />thirds, that were very similar to us that use this form of government, number one. <br />Number two, dealing in today's society and the importance of an administrative <br />14 <br />
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