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COMM. 010
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COMM. 010
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AGE CHC 1979-01-23
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kSUPREME cotTwr OF HAWAII-11 <br /> a <br /> ' Opinion or the Court . <br /> j <br /> • <br /> laws such as Act 188, S.L.H. 1961. Under the committee <br /> proposal, no charter provision could supersede Act 188, - <br /> • . , 1 <br /> • <br /> I � S.L.H. 1961, unless the legislature,so provided. More- <br /> ktoa <br /> S <br /> I <br /> legislature of <br /> the power - <br /> over, any delegation by <br /> • <br /> y personnel matters will not be irrevocable. <br /> serve the authority of statutes such as the Administrative <br /> Procedure Act. therefore, the area i <br /> i <br /> As presented by your Committee, <br /> which the proposal places beyond legislative control is <br /> • <br /> limited to charter provisions as to the executive, legisla- <br /> I • Live and administrative structure and organization of the 1 <br /> • <br /> z' political subdivision. For example, the legislature could <br /> Inot 'change the composition of the legislative body of a <br /> `� county. However, the proposal specifically preserves the <br /> j authority of the legislature to enact general laws allocat- <br /> - ing and reallocating powers and functions. This means . <br /> i that the legislature could transfer a function from the <br /> county to the state level even if the result would be to t <br /> eliminate a department of the county government pro- F` <br /> t <br /> vided for inoits charter. i <br /> • I Vol.IProceedings of the Constitutional Convention of Hawaii ] <br /> 4 of 1968; 229. , <br /> i • It is beyond que } t the y68 or <br /> l Conven- <br /> I tion delegates intenleatatcotcharters acquire a stature <br /> 1 which would resist legislative interference in certain areas. <br /> Not only does the above-quoted committee report by the I <br /> i1 <br /> Committee on Local Government but, additionally, the de- <br /> bates in the Convention's Committee of the Wliole clearly <br /> indicate that the thrust of the constitutional amendment,was <br /> • <br /> to give the charter certain basic stability against•Iegislative. <br /> + encroachment. In response to a question by Delegate <br /> • Goemans,Delegate Ushijima.the chairman of the.Committee <br /> .# , on Local Government, responded, "Well, I don't know what <br /> 1 your definition of sovereignty is. What we are doing here is to <br /> . 1 give certain basic rights, constitutional rights to the charters, <br /> to the various counties insofar as the enactment of their <br /> • charter is concerned." Vol. II Proceedings of the Constitu- <br /> tional Convention of Hawaii of 1968, 424. We are compelled <br /> • <br /> - <br />
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