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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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SUPREME COURT t OF I1:1\\Alt-1•t, � <br /> (11. .,n of thy Cuurl 4 <br /> h� • of securing information that will enable it to draft aunt f <br /> cl <br /> lirements of the c y <br /> 1 posed charter adaptc�el to the requirements <br /> • 41 •'• and designed to provide for the people of the county, a <br /> more efficient and responsible form of government. The 1 <br /> _ � study of any . J." governmentprop-- <br /> cub c c t re•le•vant to the , <br /> • 1 erty, or other affairs of the county, or of the laws relative 1 <br /> , , thereto, or of any matter or thing deemed by the commis <br /> ;i sion to be pertinent thereto. and consistent with the pur- <br /> ' which the commission was created, shall be ` 1 <br /> . pose for <br /> • <br /> deemed within the scope of the coinmission's work. If, <br /> ' • after its study, the commission decides that a charter is <br /> l not desirable, it shall so report to the legislative body of f , <br /> the county and by resolu�ion all,f belldulvede V If. hoµe body of the ever, <br /> county the commission h <br /> the commission decides to draft a charterd the charter <br /> shall set forth the structure of the county government,the ' <br /> manner in which it is to operate. the powers of the county 1 I <br /> i <br /> in local affairs, and shall provide fo.r orderly transition e t <br /> government to government under the <br /> from the present .� <br /> charter. .� <br /> The last paragraph of HRS § 50-10 provides,"Upon adop- i . <br /> tion, the charter shall become the organic law of the county <br /> and shall supersede any existing charter and all laws leb ars• e in 3 <br /> the oorganization and government of the county <br /> . • •• conflict therewith." This language was contained in section <br /> i j <br /> - 11 of Act 73, S.L.H. 1963. the original enabling <br /> • <br /> It is clear to us that under HRS chapter 50, a charter t <br /> commission is given broad powers necessary to formulate.a <br /> i <br /> charter for a county. In drafting such a charter the commis- <br /> sion is required to delineate the structure of the county gov- i <br /> ernment. In so acting it must necessarily enumerate the <br /> powers and functions .of each county <br /> rs department,withisuch bo rd, <br /> ' '• • commission and agency in local <br /> t <br /> limits prescribed by HRS § 50-6. Upon the adoption of the • <br /> • charter, it shall become the organic law of the county super- ' <br /> seding any existing charter and all laws affecting the organi- <br /> zation and government of the county which are in conflict <br /> therewith. Of course, under FIRS § 50-15 the legislature has <br /> t <br />
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