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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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s r.a- SI <br /> 4, <br />. i • . . <br /> I <br /> SUPREME COURT OF HAWAII-20 <br /> Opinion of thr Court <br /> tIt <br /> t <br /> the responsibility for•police administration. A charter •� <br /> amendment should be obtained to assign to the Mayor of ' •. ' <br /> 1 Honolulu the authority to appoint the police chief with l <br /> • <br /> 1 advice and consent of the Council. lit the other counties, <br /> power to appoint police chiefs should be assigned to chief I <br /> executive officers under the reorganized form of govern- r <br /> 1 merit discussed in-the succeeding chapter. <br /> 1 .. It is clear to us from the above-quoted legislative report <br /> and the publication to which it referred that the power over t <br /> police matters was. delegated to the counties. The revised <br /> charter provision changing the number of members serving • <br /> on the Maui police commission is a matter of executive and <br /> r administrative structure and organization and is superior•to <br /> conflicting statute.' Similarly, the revised charter section <br /> • 8-12.3 which restricts the police commission's power to re- <br /> move the chief of police is valid as against conflicting provi- <br /> • cions in HRS § 52-34. , <br /> . I • - Moreover,we hold that the Maui charter provisions which <br /> . j require qualifications for the positions of directors of the t <br /> d• epartments of liquor control and water supply are superior `. <br /> I to statute. The issue of who shall fill departmental head + <br /> positions created by the charter commission is a matter of <br /> • executive and administrative structure and organization,see 1 <br /> Del Duca v.Town Administrator of Methuen, —Mass. —, • `: .$ <br /> 329 N.E.2d 748 (19741, which the State Constitution makes I <br /> superior-to statute. It is also apparent that such an appointee iI <br /> . also serves at the pleasure of the appointing authority. ! <br /> • The-language of HRS §281-17 (Suhp._1975) provides that <br /> • the secretary of the liquor comtITission and the other em- • i 1 <br /> ployees of that commission shall be meriThers of the civil ser- , i <br /> • ' vice and be subject to the compensation law. Since the char- ! i <br /> ter provisions gave the liquor control unit of the govc-rntnent a4 <br /> t <br /> . structure with departmental standing. it is reasonable that i <br /> • the director of the department of liquor control he subject to t <br /> • <br /> 7 Revibtrd charter seetion 13-2.2 requires that"[nlot more than a bare majority of • <br /> • <br /> tile members of any board or commission shall belong to the same political party." 1 <br /> • t <br /> • <br /> 1 <br />
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