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<br />DAPHNE HONMA <br />EDMUND HAITSUKA CASEY JARMAN <br />Chairman JAMAE KAWAUCHI <br />JOSEPH KEALOHA <br />DAVID FUERTES <br />ALAPAKI NAHALE-A <br />Vice Chair <br />SUSIE OSBORNE <br />TODD SHUMWAY <br />SCOTT UNGER <br />2009-2010 <br />HAWAI‘I COUNTY <br />CHARTER COMMISSION <br />To: Chair Edmund K. Haitsuka and <br /> Members of the Hawai‘i County Charter Commission <br />From: Levi K. Hookano, Attorney <br />Date: August 4, 2009 <br />RE: Relating to CA-4: Legality of Charter Amendment Amending Article VII, <br />Chapter 1, section 7-1.2, Hawai‘i County Charter, Relating to the Merit Appeals <br />Board <br />Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission, <br /> During the July 17 meeting of the Hawai‘i County Charter Commission (“Commission”), <br />I was tasked with verifying the legality of various proposed charter amendments. This memo <br />will discuss the legality of charter amendment CA-4, the portion of which amends article VII, <br />chapter 1, section 7-1.2. This amendment amends the appointment terms of the merit appeals <br />board and provides a transitional provision to effectuate this change. <br /> In my opinion, there are no legal issues with proposing this amendment. This section <br />would supersede the appointment provisions contained in charter section 13-4 as it relates to the <br />merit appeals board and the appointments thereto. A recommended amendment, however, would <br />be to rearrange subsections (2) and (3) so that the transitional provisions are in chronological <br />order. <br /> If you have any further questions regarding this matter, please do not hesitate to contact <br />me. <br /> Levi Hookano <br /> Charter Commission Attorney <br />1 <br />