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MIN CHC 1989-01-25
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MIN CHC 1989-01-25
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Last modified
4/24/2018 3:00:31 PM
Creation date
4/9/2018 10:03:56 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
1/25/1989
Type
MIN
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AGE CHC 1989-01-25
(Related To)
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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BETHEA: If it doesn' t, you see , then there is a specific <br /> difference between the Planning Commission which says membership <br /> shall be representative of the community and of the County <br /> geographical area. That ' s the only time with respect to two or <br /> three of the commissions they have that identical language. <br /> Others talk about not representative of the community, but you ' ve <br /> got to be a judicial district , the combined district of North and <br /> South Kona, which district referred to what we commonly think of <br /> as the judicial district. North and South Hilo. . . <br /> IBARRA : District . <br /> BETHEA : North and South Kona, Hamakua, etcetera. I ' ve <br /> always been confused , what are the geographical areas of these <br /> districts? Are they some other division? <br /> GREENWELL : Judicial. <br /> OMANAKA : I think, basically , I think in the police. . .in the <br /> case of the Police Commission, they basically represent where a <br /> substation is set up. You know, Ka ' u. <br /> IBARRA : Ka ' u. Okay. The composition of the commission , as <br /> you pointed out, is enumerated in the section pertaining to that <br /> department. For example , Police Commission , it specifically <br /> states seven members , two of whom residents of combined district <br /> of North and South Kohala. Those are expressly stated. You know, <br /> as far as, you cannot deviate. . . <br /> BETHEA: Exactly. <br /> IBARRA : . . .on that. And not by ordinance or anything <br /> else. The only way that the Charter can be superseded is by state <br /> general law. The state constitution, I think it was Article VII, <br /> grants the counties the authority to have a charter form of <br /> government , subject to general laws by the state. So. . . <br /> BETHEA : It ' s important , I think , to know that . <br /> IBARRA : So , what ' s. . . basically , the County Charter as we <br /> call is , is the County constitution , which can only be superseded <br /> by state general law. County ordinance says that are in <br /> conflict. . .would be superseded by the state , I mean , by County <br /> Charter. <br /> BETHEA : Yeah. I want to pass on from this , because I don ' t <br /> want to get bogged down. But I just point out to the commission <br /> members that at one time they talk about geographical areas and <br /> other times they talk about specific districts. If there should <br /> be a difference, we really need to just clean it. . .think about <br /> just cleaning it up. So, sir, would you go on then. . . <br /> IBARRA : Yes. Okay. <br /> 44 <br />
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