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• <br /> . ..... <br /> . VI <br /> ••4oJM`�of�'';' COPY <br /> BERNARD K. AKANA : .; , :. RICHARD I. MIYAMOTO <br /> MAYOR • <br /> /• CORPORATION COUNSEL <br /> TELEPHONE NO. (808)961-8251 <br /> COUNTY OF HAWAII <br /> • OFFICE OF THE CORPORATION COUNSEL <br /> HILO LAGOON CENTRE <br /> 101 AUPUNI STREET,SUITE 325 <br /> HILO,HI 96720 <br /> • <br /> March 20, 1989 <br /> Mr . Gary Mizuno, Chairman <br /> Planning Commission <br /> County of Hawaii <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Dear Mr . Mizuno : <br /> Re: Votes needed by the Planning Commission to take action <br /> when there are vacancies <br /> This is in response to your letter of March 13, 1989 , in <br /> which you requested that our office review the voting procedures <br /> with respect to the number of votes necessary for the Planning <br /> Commission to take action on a matter before it . This office has <br /> advised the commission that five votes, a majority of all the <br /> seats of the nine-member commission are necessary if the <br /> commission is to take action. The commission has experienced <br /> difficulty in obtaining the needed five votes partly because there <br /> are two vacancies on the commission and partly because not all of <br /> the members attend all of the meetings . Section 13-4 (i) of the <br /> Hawaii County Charter states : <br /> "The affirmative vote of the 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 to <br /> make any action valid. " <br /> At present, the Planning Commission, which consists of nine <br /> positions, has two vacancies .' An opinion given by the <br /> Office of Corporation Counsel to then Planning Director <br /> Raymond Suefuji on December 11, 1972, interpreted the term <br /> 716 <br />