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COMM. 036
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COMM. 036
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7/19/2018 10:49:52 AM
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AGE CHC 1979-03-27
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• <br /> • COUNTY OF HAWAII <br /> 0F CE OF THE CORPORATION COUNAUL <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> MEMORANDUM <br /> To: Mr. Yasuki Arakaki • Dote March 2, 1979 <br /> Deputy County Clerk <br /> From: Alan M. Okamoto, Deputy Corporation Counsel <br /> Subject: Whether a preponderance of independents (on a board <br /> or commission) would be in violation of the provisions <br /> of Section 13-4 (f) , County Charter. <br /> This memorandum construes the language of Section 13-4 (f) , <br /> County Charter. Whether the County must accept the party <br /> designation of an appointee to a commission in determining <br /> "political party" under Section 13-4 (f) has previously been <br /> resolved by this office. <br /> The question raised is whether the term "political <br /> party" found in Section 13-4 (f) includes "independents. " <br /> The term "independents" apparently• means those who decline <br /> to state party affiliations (e.g. , as Republican or Democrat) . <br /> We reply that since "independents" do not constitute a <br /> "political party" in the context of Charter Section 13-4 (f) , <br /> a preponderance of "independents" on a commission would not <br /> be in violation of Section 13-4 (f) . • <br /> In resolving the question presented, we note that the <br /> term "political party" is neither defined by the Charter nor <br /> is its meaning clear from a reading of the language alone. <br /> It is thus necessary to resort to statutory construction of <br /> the term. <br /> • <br /> The primary rule of statutory construction is to <br /> determine legislative intent. Keller v. Thompson, 56 Haw. <br /> 183, 189, 532 P.2d 664, 669; State v. Hawaiian Dredging Co. , <br /> 48 Haw. 152, 181, 397 P.2d 593, 612. Legislative intent may <br /> be determined in a number of ways. <br /> The most direct means of determining legislative intent <br /> is to examine legislative history. Castle & Cook Terminals V. <br /> Local 137 of Intern. Longshoremen' s and Warehousemen' s <br /> Union, 110 F.Supp. 247, 251. Here the minutes of the Third <br /> Charter Commission indicate that Section 13-4 (f) was based <br /> on the identical provision in the Maui charter. Corporation <br /> Counsel' s letter of July 28, 1976 , to Mayor Matayoshi; <br /> Minutes of Third Charter Commission of September 14, 1967. <br /> • <br /> • <br />
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