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December 11, 1972 <br /> Mr. Raymond Suefuji <br /> Planning Director <br /> County of Hawaii <br /> Hilo, Hawaii 96720 <br /> Dear Mr. Suefuji : <br /> Re : Planning Commission Voting. <br /> Article XIII, Section 13-4 (i) , Charter, County of Hawaii, <br /> provides : <br /> "The affirmative vote of a majority of the entire <br /> membership shall be necessary to make any action of a <br /> board or commission valid: provided, that in the case <br /> of advisory board or commission the affirmative vote <br /> of a majority of those present shall be sufficient <br /> to make any action valid. " <br /> Thus, when one desires to determine the number of votes <br /> necessary for a particular vote, a determination must first <br /> be made as to whether the commission is acting in an advisory <br /> capacity or in a policy-making capacity. In_.;tho_se_ instances.__ <br /> where the commission is acting._ in_an._ad_vis.ory_ ca�?acity_,_an _ <br /> affirmative vote of the members present_is. all.__that is-._.needed. <br /> In the case of the Planning Commission in such an instance, <br /> such a number would mean at least a majority of a quorum or <br /> in other words, three votes--assuming that the Commission <br /> consisted of nine members. However, when the_ Planning.,Ccmmission <br /> is acting in_. other than an advisory capacity,_,__suc h as in_ acting- <br /> upon_.a varance_request-or .uses permit., an, of frmative vote o_f <br /> a majority; of the entire membership is necessary. Thus, in the <br /> case of a Planning Commission consisting of nine members, five <br /> votes would be necessary to allow for a variance or use permit. <br /> 709 <br />