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COMM. 010
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COMM. 010
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7/19/2018 10:49:51 AM
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7/13/2018 2:07:39 PM
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AGE CHC 1979-01-23
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• <br /> • <br /> _ . . • <br /> 1 <br /> • <br /> SUPREME COURT OF lHA.%all-2 j <br /> • <br />• <br /> Opinion of the Court <br /> • <br /> t 1 tory provision, provided such statutory provision is not of statewide concern <br /> •or interest or does not relate to the fiscal powers of the county. <br /> •s I ,4., • CONSTITUTIONAL LAW—effect of intention of framers and people adopting - <br /> ' provision. t <br /> I ' • The fundamental principle of construction it to give effect to the intention of <br /> . the framers and the people adopting it. • <br /> r !j!! SAME—same. j <br /> In construing a particular constitutional provision. the object sought to be <br /> accomplished and the evil sought to be remedied should be kept in mind by the <br /> courts. • <br /> e <br /> MUNICIPAL CORPORATIONS —delegation of potters —statewide or Local <br /> concern. <br /> • I / Because hhe state legislature.duly delegated to the counties the.adminis- <br /> - 4 1 ' tration of police.waterworks and liquor control,the legislature could not be said .;.4 <br /> to have preempted the field of regulatii�n..As a result of such delegations,these <br /> I areas ceased to be matters of statewide concern and became matters of local <br /> I \ concern. i <br /> t SAME—charter—structure and organization—conflicting statutory provisions. I <br /> . All challenged provisions of the revised charter-with respect to the depart- I <br /> ments of water supply. police and liquor control relate solely to Maui County's t <br /> executive and administrative structure and organization.and under HRS§50-10 ' <br /> . these charter provisions supersede all laws of the state in conflict therewith. <br /> • <br /> CONSTITUTIONAL LAW—Municipal corporations--charter—home rule. . <br /> . The constitutional amendments made to article. :'II,section 2 of the State <br /> Constitution did not grant complete-home rule to political subdivisions;they only <br /> gave to the local governments limited freedom from legislative control in certain 1.. areas. - t f. <br /> . I. •i <br /> • SAME—same—same—provisions relative to civil service. `'" • - i = <br /> • ' It was not the intent of article VII.section 2 to grant to the political subdivi- , • ;A <br /> -sions authority to adopt charter provisions on civil service which would conflict • ` 1 <br /> . with statutes. I q <br /> STATUTES—municipal corporations—charter—conflict with civil service law, c 1 <br /> Any conflict in chapters 2 and 3 of the revised charter of Maui County with t <br /> respect to the staff of the corporation counsel and the prosecuting attorney with • <br /> HRS§ 76-77 would render such conflicting charter provisions nugatory. ` b <br /> SAME—same—same—same. F <br /> Any inconsistency between chapter 9.of article 8 of the revised charter and, • <br /> • <br /> • Part III of HHS chapter 76 would result in the latter prevailing. t <br /> OPINION OF THE COURT BY OGATA.J. <br /> - $ • , On February 18, 1977, a decision and final order was <br /> • <br /> entered by the circuit court of the second circuit which up <br /> held the validity of the revised Maui County charter provi- • •e <br /> sions and denied the,injunction prayed for by the plaintiffs- - - <br /> I. <br /> appellants(hereinafter appellants), Hawaii Government Em- <br /> i• , <br /> TSnin;sal.w--,- ..,rrwirr.. a...70,,—.,wort•-'—...•1..----_- -,. .-----‘•,,,--. ^-,..•11.9.7.1,-..:4-.--•••,-.....-- .... <br />
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