My WebLink
|
Help
|
About
|
Sign Out
Home
MIN CHC 1990-01-05
PublicDocuments
>
County Clerk - Council
>
County Clerk
>
Charter Commission
>
1990
>
Minutes
>
MIN CHC 1990-01-05
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/9/2018 3:50:08 PM
Creation date
4/9/2018 3:49:29 PM
Metadata
Fields
Template:
AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1990
Meeting date
1/5/1990
Type
MIN
Document Relationships
AGE CHC 1990-01-05
(Related To)
Path:
\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
41
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Mr. Gary Mizuno <br /> Page 3 <br /> March 20, 1989 <br /> • <br /> The state statute thus provides that a majority of the <br /> members to which a commission is entitled (five out of nine in the <br /> case of the planning commission) is necessary to validate the <br /> action, unless an ordinance or other law provides otherwise. It <br /> therefore becomes necessary to determine whether charter <br /> section 13-4(i) provides differently from HRS §92-15 . Charter <br /> provisions and statutes are to be reconciled and not regarded as <br /> superseding each other where there is no irreconcilable conflict <br /> between them. 6 McQuillin, Municipal Corporations, §21. 31. <br /> Therefore, if there is authority supporting an interpretation of <br /> Hawaii County Charter §13-4(i) which makes it consistent with HRS <br /> §92-15 , then that consistent position should be adopted. <br /> Although there is authority supporting the opinion of <br /> December 11, 1972 [see Ram Development Co. v . Shaw, 244 N.W. 2d 110 <br /> (Minn. 1976) ; City of Alamo, Heightsy Gerety, 264 S.W.2d 778 <br /> (Tex. Civ. App. 1954) ] , the greater number of cases supports the <br /> position that the term "entire membership" means the same as "all <br /> the members to which a board or commission is entitled, " thus • <br /> making the charter section consistent with the state statute. <br /> A recent case dealing with this issue is found in Braddv v. <br /> Zych, 702 S.W.2d 491 (Mo. App. 1985) which dealt with the required <br /> number of votes to pass an ordinance by the St . Louis Board of <br /> Alderman. Ordinances had been passed by the board and then vetoed <br /> by the Mayor. The city .charter required that a two-thirds vote of <br /> the board was required to overturn a veto. The board <br /> consisted of <br /> twenty-nine members, with a president elected at large and <br /> twenty-eight alderman elected from wards within the city. In <br /> Braddy, the board voted on overturning the veto, which resulted in <br /> 19 votes in favor, 6 against, 3 absent, and 1 vacancy. The <br /> president of the board ruled that the veto had been overridden, <br /> because two thirds of the actual membership of the board voted <br /> • <br /> favorably, with the number of alderman reduced by the single <br /> vacancy. The court disagreed with this interpretation and ruled <br /> that the term "all the members" means all of the members to which <br /> the board is entitled: <br /> "Treating the language ' all the members ' as referring <br /> to the entire Board as defined in the Charter ter creates <br /> a predictability and definiteness in the requirements <br /> for the enaction of laws . It also gives substance to <br /> the charter scheme that representatives of sufficient <br /> wards to adequately represent the residents of the <br /> city support an enactment before it becomes binding on <br /> 753 _ <br />
The URL can be used to link to this page
Your browser does not support the video tag.