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GREENWELL: I 'm not quite sure of one thing. On this paper (inaudible) , Attachment C, members. Five members appointed by the mayor, confirmed by the Council. The Charter says seven. LUKE: I ' ll get to that in my. . . the next section (inaudible) . If I may proceed to the second paragraph of my May 12th, 1989 memo to the Council [commission] . In addition to what I just covered, in effect it ' s A, B and C, the department is also transmitting a graph of a proposed amendment to Article 7 , Chapter 1 of the Charter. And this appears in Attachment D. In brief , this amendment proposes to do the following: No. 1 , change the number of Civil Service commissioners from seven to five. There is a conflict between Section 76-71 , Hawaii Revised Statutes, in the Charter. Section 76-71 , H.R. S. testifies that there shall be five commissioners and the attorney general has ruled that the statute prevails in this instance. So the question has been taken up. The Charter says that we should have seven commissioners; the state law says that we should have five commissioners . The attorney general has ruled on this , and state law prevails in this state, because there is a direct conflict between the law and the Charter. I. . . GREENWELL: But the mayor ' s been appointing five? LUKE: Beg your pardon? I . . . GREENWELL: The mayor ' s been (inaudible) appointing five? LUKE: Yes. GREENWELL: But he (inaudible) according to the Charter? LUKE: When the attorney general ' s opinion was received quite some time ago, the commissioners who were reduced from seven to five, and we've had five all along. L 'ORANGE: Mr. Chairman, may I ask a question (inaudible) that? BETHEA: Yes , go ahead. L'ORANGE: Chris, do we have to do anything with that? Or do we just instruct you to make it. . .the changes to comply with state law? YUEN: To change the text of the Charter, you. . . the commission would have to propose an amendment. 353