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BETHEA: Where does the Council get its authority to create <br /> a department? <br /> IBARRA : Create a department? <br /> BETHEA: Yeah. I mean. . . <br /> IBARRA : By state statute. <br /> BETHEA: . . . all of these things that are. . . <br /> IBARRA : That ' s what I said , by state statute. <br /> BETHEA: State statute authorizes. . . <br /> IBARRA : Creation of a Housing Agency. <br /> BETHEA : By the. . . <br /> IBARRA : By the County. <br /> JUVIK : That ' s included (inaudible) and the department <br /> doesn ' t. . .the County doesn' t need state approval to create a new <br /> department, does it? <br /> IBARRA : Okay. Now. . .that ' s a very good question, because <br /> you see when you talk about municipal law , the general rule is the <br /> municipal body can only act if it has its authority express or <br /> implied. And so now, our authority is basically the County <br /> Charter, or state law, state statute , or state constitution. You <br /> cannot enact an ordinance to sort of bookstrap your authority . <br /> So , if there ' s no authority to create , for example , an and this <br /> was brought out for Kona , Mr. L ' Orange , for example , a parking <br /> authority. See, it ' s no authority . . . <br /> L ' ORANGE : By the state. . . <br /> IBARRA : State statute, constitution, or County Charter. <br /> L' ORANGE: ( Inaudible) do what the state allows? <br /> IBARRA : You can ' t (inaudible) . <br /> JUVIK : But , I believe (inaudible) in the City & County of <br /> Honolulu, for example, they divided the planning department into a <br /> department of general planning and long-range. . . I mean, they have <br /> two, kind of, planning departments. <br /> IBARRA : That ' s right . <br /> JUVIK : That ' s it . <br /> IBARRA: It. . . <br /> 75 <br />