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CHC 1979-01-30
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CHC 1979-01-30
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7/19/2018 10:49:53 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
1/30/1979
Type
MIN
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AGE CHC 1979-01-30
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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The second change would be in the same Section <br /> 9-4 and would be the inclusion of a sub-section ( f) which would <br /> simply state, "investigate all matters which may properly come <br /> before him". Again, this is just a housekeeping type of <br /> addition. It conforms somewhat to the Honolulu Charter and I <br /> think to the general duties of the office including investigating <br /> crimes. <br /> MR. CADINHA: In the absence of this clause <br /> what do you currently do? <br /> MR. ONO: We still investigate. It doesn ' t • <br /> change the function of the office in any way except that it does <br /> clarify it and I think it is just a housekeeping type of matter. <br /> MR. CADINHA: Do you have an investigatory <br /> force? <br /> MR. ONO: We have special investigators that <br /> we do use in the office. We also have the Grand Jury investi- <br /> gations that we also conduct. <br /> MR. CADINHA: Okay. <br /> MR. ONO: Section 9-5 sub-section ( a) is exactly <br /> the same as it exists in the Charter. Sub-section (b) "The <br /> prosecuting attorney may appoint investigators who shall have all <br /> the powers and privileges of a police officer of the county" . <br /> This , again , is not an addition to the functions of the office. <br /> In accordance, first of all , with the Honolulu Charter and also <br /> with Section 62-78 of the Hawaii Revised Statutes which simply <br /> states that the "county attorney may appoint an investigator <br /> who shall have the powers and privileges of a police officer of <br /> the county". We already have a special investigator that is on <br /> the staff. Again, this would just clarify what is presently <br /> being done. <br /> MR. TRULSON: Mr. Ono, the present investigator, <br /> he has the powers of a police officer? <br /> MR. ONO: Yes , so this would not add anything <br /> additional to the office functions. Again this is another <br /> housekeeping type of matter. . . just to have it in the Charter. <br /> The only other change and I think it is <br /> probably the biggest one because Section 9-7 at the bottom of <br /> the page and 9-8 are exactly the same as the Charter. We would <br /> add in 9-6 "Oaths , Attendance of Witnesses and Production of <br /> Documents". In essence, this would give the Office of the <br /> Prosecuting Attorney, itself, the capability of administering <br /> oaths and issuing subpoenas to compel witnesses to come to the <br /> Office of the Prosecuting Attorney to give testimony to a <br /> deputy or to the Prosecutor, himself. The Section (b) there <br /> would be that this particular subpoena power would not conflict <br /> with the present Section 13-23 which is the so-called "News <br /> Shield Law" which was , I think, added into our Charter. So the <br /> newsmen would not be affected by this particular power, as they <br /> are not affected right now. The reason for the subpoena power <br /> -7- <br />
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