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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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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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. <br /> . • ;. , <br /> . - <br /> I. <br /> f•- 1 SUPREME COURT OF HAWAII-1313 <br /> , • Opinion of the Court e <br /> f taken to mean onus or obligation to execute the power e <br /> I granted." La Fleur concluded that the Louisiana statute . <br /> 1 Z fixing the salaries to be paid to firemen did not apply to . <br /> l• firemen of the fire department of the City of Baton Rouge, 1 <br /> ,. holding that "the question of pay of a fireman being a matter E <br /> of structure and organization and distinguished from a <br /> . power or function is reserved exclusively to [City of Batan ' <br /> " 124 So.2d at 379. The foregoing definition of i <br /> Rouge] . . <br /> structure and organization was approved by the Louisiana i <br /> Supreme Court inLetellier•v.Jefferson Parish;254 La. 1067, ' <br /> • <br /> 229 So.2d 101(1969).3 We think that such an interpretation is <br /> :• 1 ' .. . . <br /> • compatible with the natural sense of these words. <br /> . II. <br /> The Second State Legislature passed Act 73 in 1963, <br /> r the framing and adapting of charters by <br /> i h rovided fo :, . <br /> whc p <br /> the counties. Act 73 has. been amended by Act 65, S.L.H. <br /> 1965, and by Act 235. S.L.H. 1967, and as so amended I <br /> presently comprises HRS.chapter 50, constituting the enabl- . <br /> ing statutory law on charter commissions. <br /> HRS chapter 50 is a general law which authorizes the <br /> I . <br /> . , i • mayor of each county to appoint a charter commission of. <br /> eleven members with the approval of the legislative body of <br /> , the county:It further authorizes the charter commission after <br /> the appointment of its members to organize, hold its first : <br /> meeting and to adopt such rules and regulations.for the con- <br /> ', duct of its business as it may deem necessary and desirable. <br /> • <br /> The statutory provisions prescribing the ch Tter commis- <br /> sions' duties and functions are set forth in HRS§ 50-6. which <br /> ' has not been amended since 1963. It provides that: <br /> • The charter commission shall study.and analyze the exist- <br /> ing governmental structure of the county for the. purpose <br /> 3These two rases were concerned with the application of the term structure and <br /> • <br /> . 11, organization as used in the Louisiana Constitution to the salaries of and pension • ; <br /> -l• system for firemen of the local governments. In the present case under Standing <br /> Committee Report No.53..cee supra at 10.personnel was deleted from the constitu- <br /> • <br /> tional proposal so that civil service and compensat• would not be included within , <br /> the area of structure and organization. , <br /> i I <br /> { <br /> fl <br /> i . <br />
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