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• <br /> (-417!.1f <br /> BERNARD K. AKANA : .; , RICHARD I. MIYAMOTC <br /> • MAYOR CORPORATION COUNSEL <br /> TELEPHONE NO. (808)961-8251 <br /> •0,-_."14 ,. W <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 /> 751 , <br />