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MR. HOHU: We have another recommendation in regards
<br /> to a section of the charter under the water commission, Section 8-2(b)
<br /> "Adopt rules and regulations which shall have the force and effect
<br /> of law relating to the management, control, operation, preservation
<br /> and protection of the waterworks of the county. "
<br /> If you noticed on Page 31, under Section 13-7, it says, "except as
<br /> otherwise provided in this charter. " We look at the charter and we
<br /> say that the water department is the only exception, but it goes on
<br /> further to say that "all rules and regulations having the force
<br /> and effect of law adopted by any board, commission or administrative
<br /> head of a department shall be approved by the council and the mayor
<br /> before going into effect. " However, . as you know, the Department
<br /> of Water Supply must comply with the Charter in regards to public
<br /> hearings. They've got to comply with all the provisions of the
<br /> administrative procedure act and the water commission must hold
<br /> public hearings in all these things. Therefore, the water commission
<br /> does hold public hearings and we . have- followed the charter insofar
<br /> as public hearings are concerned. We have to follow the adminis-
<br /> trative act procedure, then why does it need another body toapprove
<br /> the amendments to the law? In addition to that in Section 91-3 (c) ,
<br /> Revised Laws, of Hawaii, it states that all board of water supply
<br /> do not need this requirement. So we have in the past, on advice-'
<br /> of counsel, on one occasion, we did not goto the council and the
<br /> mayor to get approval of our amended rules and regulations. Then
<br /> another counsel says maybe we should get their approval. But in
<br /> the end, the existing corporation counsel says that itis not
<br /> necessary. So, we' woubd. like to see that (b) under Section 8-2,
<br /> the words "without approval of the council or mayor" be added:.,
<br /> because it is not necessary.
<br /> So the new. one would read, if the recommendation is accepted, it
<br /> would read as such, adopt rules and regulations .which shall have
<br /> the force and effect of ; aw relating to the management, control,
<br /> operation, preservation and protection of the waterworks of the
<br /> county without the , approval of the council or mayor. V
<br /> MRS. IWAMOTO: So another question is, back to
<br /> page 31, will there be a change in the wording?
<br /> MR. HOHU: No, Because it specifie _ s.,- it. I believe,
<br /> it says "except as otherwise provided, " then if it' s written into
<br /> Section 8, wouldn't that be an exception? .
<br /> MR. SCHUTTE: Mr. .Hohu, this provision Section 13-7 , .
<br /> "shall be applicable to service rates for fees, license fees,, nda
<br /> other charges" , what you specifically ask is not necessarily the
<br /> operational of the fees---?
<br /> This particular rule, Section 13-7, pertains only to this pro-
<br /> vision of this section shall be applicable to service rates, fees,
<br /> licenses, in other. words, I'm reading this, this is the only time
<br /> when it involves license fees, rates and other charges.
<br /> MR. HOHU:. ' Regarding water rates. Yes, you're
<br /> correct. We haven' t checked with our corporation counsel as far
<br /> as the interpretation of whether that would include the management
<br /> control and operation would include water rates. We haven' t checked
<br /> that out, yet. But if we were to amend it, then the rules and
<br /> regu ;ations, setting of rates would also have to be amended, too.
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