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• <br /> Ia 0 ° <br /> At <br /> R. B. Legaspii"€ Yasuki Arakaki <br /> COUNTY CLERK, _`'" =~- <br /> DEPUTY COUNTY CLERK <br /> o.4r�M1.._jP� <br /> °F H Harry A.Takahashi <br /> LEGISLATIVE AUDITOR <br /> OFFICE OF THE COUNTY CLERK <br /> • COUNTY OF HAWAII <br /> HILO, HAWAII 96720 <br /> May 27, 1977 <br /> Mr. Tomio Fujii, Chairman <br /> Committee on Public Service <br /> Hawaii County Council <br /> Hilo, Hawaii <br /> Re: Communication 269 <br /> As per your request and referral of the above communication to <br /> my office for comments and recommendations, the following is now <br /> submitted: _ <br /> Counsel Nakasato refers <br /> to the Hawaii CountyCode <br /> 1. <br /> requirements which has the same language as used <br /> in the Hawaii County Charter, Section 14-4 (a) . <br /> "Officers and employees of the County, while <br /> discharging their duties dealing with the <br /> public shall adhere to the following precepts. . . <br /> All public property and equipment are to be <br /> treated as a public trust and are not to be <br /> used in a proprietary manner or for personal <br /> purpose without proper consent" . <br /> 2. The language of this proviso leaves an obvious <br /> loophole with the inclusion of the last three <br /> words "without proper consent" . <br /> a. It can be interpreted that with "proper <br /> consent" public property and equipment <br /> can be used. <br /> b. It also does not make clear as to whose <br /> consent is required: Mayor? Department <br /> Head? Council Chairman? County Clerk? <br /> c. This ambiguity was a common factor in <br /> recent cases involving Council members. <br /> 3. Until such time as both the Hawaii County Code and the <br /> Hawaii County Charter is amended to delete that parti- <br /> cular phrase, potential recurrence of the same problem <br /> will remain. P5& <br /> Comm. No.. <br /> rile No. ,!/..K — <br /> L R. No. <br /> Date: JUN 15 1911 <br />