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Planning Department had the power to enact rules to implement the Zoning Code, and this was reenacted in 1999 when the Zoning Code was reenacted. So, from strictly a ® legal point of view, you have a little bit of confusion here as to whether the Planning Commission has this power or not. If the Charter had always simply been silent on having this as a power, the Planning Commission certainly would have the power to enact rules and regulations because both the State Legislature and the County Council could give them this power on their own, and they have giventhemthis power through ordinances and State taws that have been put in place. So, that was the purpose behind putting this back in the Charter, was to eliminate any confusion, or any doubt, that the Planning Commission might have this power. On further review, and I wrote a letter to the Charter Commissioners, I don't think it's necessary to do this. I think the Planning Commission has the power without it being in the Charter because I don't think the intent of the 1998 Charter Amendment was to forbid the Planning Commission from having the power to enact rules and regulations. I think it was the intent to not have it be mandatory anymore because it used to say they 'shall' enact rules and regulations. They just, basically, took out that part of it. But I've spent a little time trying to - I wrote, perhaps, too long a letter to the Charter Commissioners going through all of this, but that's, basically, the explanation of what was trying to be done by putting this back in the Charter. • • SCARR: Chris, our major objection is that the Planning Commission is appointed by the Mayor, not appointed by the County Council, and that there is very little local input sought or received by the Planning Commission. We have, many of us in this room, testified many times before the Planning Commission and been ignored over and over and over again. RAY: I understand that. That's really a separate issue from what has been proposed as far as the Charter Amendment. I just wanted Chris to clarify that, explain it. We are going to take it off so I hope that pleases you, but I'm saddened that folks don't take the time to really understand how the process really works. So, I just wanted to have him speak to that issue again, and we certainly understand your concerns in regard to other issues regarding the Planning Commission. SCARR: Thank you. RAY: The next person to testify is Del Pranke. PRANKE: My name is Del Pranke. I live in Pahoa. I'm really sorry you made that last statement, Mr. Ray, because those of us who don't understand what's going on have made an effort to understand, and sometimes the legalities are not that easy for non -lawyers to understand, but some of us have made an attempt to understand. RAY: I agree with you, Del. I was on the Council that voted to delete this in the last Charter Amendment and I, obviously, didn't understand at that time, and that was my direct responsibility. 4