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this provision, the . . . says that the contracts signed by the <br /> mayor. . .in certain situations I feel that the mayor' s duty would <br /> be mini-stereo. <br /> Once the Council establishes that they have demanded <br /> information from the administration , for example Planning , and the <br /> Planning Department Director and the mayor says, well , either <br /> your ' e not going to have it or they don ' t provide it. And after a <br /> reasonable time , the legislative branch should be authorized to <br /> hire their own consultant to provide that information. And this <br /> is established by Hawaii Supreme Court . It says, you have to <br /> demand upon the adminis . . .Honolulu. . .City & County of Honolulu <br /> case. . .you have to demand upon the administration the information, <br /> allow reasonable time to be provided . If not , then you can hire . <br /> And the purpose of this, you can see , is so that we don ' t <br /> duplicate. You know, you don' t want to have the situation where <br /> the Council is going out on their own hiring this. . .consultant , <br /> administration , although the purpose for which the consultant is <br /> hired by the Council may be provided by the department. And we <br /> have Planning , we have Public Works , engineers and things like <br /> that. And we don ' t want to duplicate and waste the taxpayers ' <br /> money. But at a certain point in time , there again I say , the <br /> players. . .you know , do not accept their responsibility , and then <br /> certainly the Council should be allowed the opportunity. And at <br /> that stage , though , even if you want to keep the contracting <br /> authority as far as the signing of documents and the mayor, at <br /> that stage the mayor has no choice (inaudible) . But the mayor has <br /> to sign once the showing has been , and the Mayor has to sign the <br /> contract. <br /> GREENWELL : Mr. Chairman, this last year there was a problem <br /> where the administration wanted an approval from the Council on <br /> the Boyd Hansen contract for the Puna Rubbish Dump . And it seemed <br /> at the time as though we were being told that this was to be <br /> signed without the Council ' s having the opportunity to find out <br /> just what was going to be signed , because we were going to be just <br /> as responsible as the mayor. We eventually got the information. <br /> IBARRA: Yeah. What Mr. Greenwell is talking about is , if a <br /> contract requires an encumbrance of monies more than one fiscal <br /> year, the Council must approve. And certainly the rationale <br /> behind this is so that the Council is committed in funding , or <br /> appropriating that money in the next fiscal year. And , now , the <br /> question really comes down to if you are before the legislative <br /> body and you present the legislative body with a contract for <br /> approval, certainly I don 't see any problem with the legislative <br /> body just rejecting that and say , we don ' t like the contract . But <br /> where I would have a. . .well. . .an uneasy feeling is where the <br /> Council, the legislative branch, starts dictating the <br /> negotiation. Because that ' s again an administrative function. <br /> GREENWELL: Not only that , but the only thing is we should <br /> know what we' re approving. <br /> 49 <br /> 1 <br />