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MIN CHC 2000-03-08
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MIN CHC 2000-03-08
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2000
Meeting date
3/8/2000
Type
MIN
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we're here, to come to this body because, yes, we do realize that there's other <br />alternatives that we can go through, however, the alternatives start at A. We need to <br />learn to start at A, then go to B. When A doesn't do it, we go to B, we go to C, until we <br />reach ramification, settle, resolution, or whatever it is, whether it's the court system; <br />whatever it has to take us. But we have an opportunity for economics, that if this body <br />would take a look at it. We beg to differ with Mr. Yuen's opinion. That's the reason we <br />wrote our differences, and hoped that this body would have addressed it. And in that <br />fashion, we were prepared because there is a perception out here from Native <br />Hawaiians, this Rice v. Cayetano case, however narrow the Supreme Court ruled, it did <br />rule that there are some separate people out here that needs that have to be taken <br />care of, so I just need for you guys to look at this and address it because I think that the <br />Commission has a responsibility to review the Charter in such a fashion that we can <br />reach resolution, so that make it clear so that even Native Hawaiians, as simple people <br />as we are, can understand when we read it and see you guys run the land and you <br />guys should run the land. Not say you run the land, and when we come inside to get <br />something from the County, say we don't have the jurisdiction on the land. That's one <br />of my biggest questions and I need that to address it. <br />HERKES: Can I ask a question? <br />RAY: Sure. <br />HERKES: Thank you. Can I ask you, just for clarification, a question? So, <br />you're suggesting that we should write the Charter for all of the lands except for the <br />lands that Hawaiian Homes and are ceded lands? Those would be exempt from the <br />Charter. <br />JIM: No. <br />HERKES: And therefore, they wouldn't get the services and they wouldn't be <br />covered by the County Charter. <br />JIM: Well, I think the - <br />HERKES: He was the one that was explaining. <br />JIM: I'm the one who wrote this memorandum, okay? <br />HERKES: Okay. <br />JIM: And I tried to express the attorney's opinion about using laws from <br />the kingdom time, and expressing coming into today in regards to the Charter. And one <br />of them was the police powers, in other words, legislation powers in the County. That's <br />what the subject matter was about. Now the question you're asking about which <br />rinvolved the Article 1-1, first of all, there's a rule in law, and I think you'll agree with <br />
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