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Hawaii County Council August 2 , 1989 <br /> We have two Councilmembers who would like to discuss <br /> that . Mr . Yamashiro, followed by Mrs . Hale. <br /> MR. YAMASHIRO: I think, you know, that is a step <br /> toward clarifying the existing situation. But I <br /> think it leaves out the most important problem we <br /> have because I don' t have any problem with the <br /> transfers . My question is, does a transfer <br /> constitute an appropriation? <br /> Where we have problems is if we appropriate enough <br /> for, say, one position; under the current <br /> interpretation by the Corporation Counsel and past <br /> Corporation Counsels, the Mayor, by transfer, could <br /> enlarge that appropriation and hire 2, 3 , 4 , 5 <br /> positions . I think that is the thing that has to be <br /> answered, whether or not the transfer constitutes an <br /> appropriation of money that may be lawfully expended <br /> in accordance with the present Charter . <br /> The present Charter requires that no money may be <br /> expended except in accordance with appropriations <br /> duly made, and I still have strong questions whether <br /> or not a transfer constitutes an appropriation. I <br /> don' t think that administrative transfer amounts to a <br /> legislative determination that the money should be <br /> spent, although that is the interpretation that has <br /> been taken. <br /> I think what you look at, under the present situation <br /> in the aggregate with the change in interpretation on <br /> the Salary Ordinance, with the interpretation of <br /> transfers, our whole budget process presently is <br /> meaningless. Because we have no idea how many people <br /> are being hired, we have no idea of any <br /> reallocations, we have no idea of how the moneys are <br /> being spent within the department because the present <br /> interpretation--I 'm not saying Charter provisions and <br /> maybe the problem is not the Charter provision <br /> itself, but is within the Corporation Counsel ' s <br /> Office and the interpretations that have been made. <br /> We now see a complete change in interpretation from <br /> one week to another on another matter . <br /> But I think what we should have the Charter Review <br /> Commission do, first, is clarify what their intent is <br /> with regards to having the Council set the budget and <br /> set policy. Once that is determined, have them <br /> 465 . 7 <br /> 2 <br />