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COMM. 010
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COMM. 010
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Last modified
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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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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I <br /> SLP <br /> *. RF\1F. COURT OF HAWA11-74 • •1 <br /> Opinion of the Court <br /> • <br /> Except for paragraph 14 of section 13-2. and section 13-3. l <br /> ised <br /> rter are <br /> all of the challenged provisions revised charterf the �and alll�aertain tc► <br /> .•1 • contained in article 8 c f the E. <br /> t • <br /> he several departments of the County of 'Maui. <br /> Appellants contend the provisions of the revised charter <br /> ! set forth in chapters 2-and 3 of article 8 which authorize the I • i <br /> I corporation counsel and the public prosecutor to appoint <br /> deputies and necessary staff who "shall be in the exempt • <br /> i <br /> 1. class of civil service and shall serve at the pleasure of" such <br /> 1 corporation counsel and public prosecutor are in conflict with <br /> HRS § 76-77, and. therefore. invalid, "-~ 4,i <br /> - Appellants further contend that the reviseai <br /> .charter prov - , <br /> sions of section 8-9.3 which vest in the Mayor rather than in • <br /> j <br /> the Maui County <br /> Civil Service Commission, as was the case 1 <br /> , in,the past, the power to appoint and remove the.county <br /> director of personnel services and which further require the ' • <br /> • <br /> director to perform such duties as may be assigned by the i• • t <br /> mayor, rather than the commission, in addition to tile duties 4 <br /> • as are established under the civil service laws of the State are 1 <br /> in conflict with HRS § 7 6-75. and, therefore, invalid. <br /> Appellants further contend that.the first paragraph of <br /> • section 8-113 of the revised charter which substitutes the t. i <br /> _ county planning director for the district engineer of the State <br /> department,of transportation as an ex-officio, non-voting. . <br /> member of the board of water supply,is in conflict with HRS§ <br /> • - 54-12, and, therefore, invalid. •• <br /> Appellants further contend that the remainder of section <br /> 8-11.3, and sections 8-11.4 and,13-3 of the revised charter <br /> • <br /> which reduce and curtail all of the autonomous powers and <br /> • authority of the board of water supply to manage and operate <br /> • <br /> the Maui waterworks, granted to the board by HRS chapter • . <br /> • 54,are in conflict with statutory provisions of HRS chapter 54 <br /> and, therefore, invalid. <br /> Appellants further contend that the power of the police <br /> commission to remove the chief of police has been modified <br /> by section 8-12.3 of the revised charter; that such charter <br /> • <br /> provisions which would require the commission to give to the <br /> chief of police information in writing of the charges leading to , <br /> i <br /> t <br /> 1 <br />
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