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• 0 <br /> \,,____" ,M OFN <br /> JOHN A. WAGNER o� ''. -1.'--- ;;''', <br /> 4 v��'• TOMIO FUJII <br /> CountyClerk o• . .\\A'/;:\'s Deputy CountyClerk <br /> ��� Yu y <br /> .4. �K / HARRY A. TAKAHASHI <br /> ysr4'°%.,--_-_,_=-41:,w:rgYyjP Legislative Auditor <br /> OFFICE OF THE COUNTY CLERK <br /> County of Hawaii <br /> Hawaii County Building <br /> 25 Aupuni Street <br /> Hilo,Hawaii 96720 <br /> July 25, 1989 <br /> • <br /> Mr . Russell S. Kokubun, Council Chairman <br /> and Members of the Council <br /> Hawaii County Council <br /> Hilo, Hawaii <br /> Subject : Charter Amendment - Appropriations and Transfers <br /> At its July 19, 1989 meeting, the Council expressed its concern to <br /> Section 10-9 relating to Appropriations : Reduction and Transfer <br /> and Section 10-11 relating to the definition of an "appropriation <br /> duly made. " The primary concern to Section 10-9 was in relation <br /> to the mayor ' s ability to unilaterally transfer funds within an <br /> agency or department . <br /> Interpretations by Corporation Counsel , the most recent in <br /> Communication 488, supports the mayor ' s ability to transfer <br /> unencumbered funds and finds that said transfers qualify as <br /> "appropriations duly made. " During your discussions, it was <br /> inferred that such interpretations render the budget approval <br /> procedure a nullity. <br /> We have researched both concerns and submit the following. <br /> g <br /> Black ' s law dictionary defines "appropriation" as public law <br /> as follows : <br /> "The act by which the legislative department of a <br /> government designates a particular ,fund, or sets apart a <br /> specified portion of the public revenue or of the money in the <br /> public treasury, to be applied to some general object of <br /> governmental expenditure, or to some individual purchase or <br /> expense. <br /> 465 . 2 . <br /> COMM. No. 70 6_--___. <br /> no: Council <br />