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(inaudible) the Charter. It may have been interpreted <br /> . . . it may be misinterpreted now as restricting the power <br /> that actually does exist and restricting the power of the <br /> County Council to pass an ordinance when there <br /> isn' t. . .was never meant to be such a description. <br /> BETHEA: Then the general constitutional thing is <br /> that the County through its Charter can have such powers <br /> or not , inconsistent with, as I recall , with the <br /> constitution and with the general law of the state. So <br /> here you have a vesting of legislative powers , you know; <br /> it ' s possible that the situation is as you would <br /> suggest. What I would suggest to you is that you go back <br /> and find out exactly what appears to be the bottleneck. <br /> You know, assuming it ' s not simply that the County <br /> Council doesn' t want to do it . And then if you could <br /> advise the commission of that , we would be happy to look <br /> into it. <br /> CUSHNIE: Mr. Chairman and Mr. Greenwell . I 'm not <br /> sure that Section 13 . 11 , penalties , is the appropriate <br /> place to address departmental civil fines . Bear with <br /> me. "The Council shall by ordinance provide for the <br /> punishment of violations of any provisions of this <br /> charter. . . " Do you think they' re referring only to a <br /> terminology in this Charter? <br /> BETHEA: No, because the next phrase has to do with <br /> County ordinances in addition. But I think what we are <br /> saying is , at least the way I read that , that ' s a section <br /> that deals only with criminal penalties. That power of <br /> the County to assess civil fines I think would be found <br /> in the general legislative grant of authority unless it <br /> is prohibited by some state statute or unless there is <br /> some specific enabling state statute that is required and <br /> absent . Therefore, if you have a problem with that , <br /> rather than us speculating what it might be, perhaps Mr. <br /> Kanuha you could try to identify. . . <br /> KANUHA: Sure. <br /> BETHEA: . . . let us know in writing and then we could <br /> take a look at it . Other questions here? Again then, <br /> thank you very much for your presentation. <br /> VIII . PROSECUTING ATTORNEY' S OFFICE OPERATIONS_ <br /> By Jon Ono <br /> (Verbatim. ) <br /> BETHEA: Mr. Ono. <br /> ONO: Mr. Chairman. Members of the Charter <br /> 391 <br />