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CHC 1979-03-20
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CHC 1979-03-20
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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
3/20/1979
Type
MIN
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AGE CHC 1979-03-20
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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proceeding decides to institute recall. Would recall have to <br /> be defined or is there a specific recall process? Would we <br /> have to re-define that also? <br /> MR. ODA: Procedures generally should be <br /> defined because, again, there is nothing in the State Consti- <br /> tution that I know of that applies, or State Statutes , that <br /> applies down to the county level for recall purposes. <br /> MR. CADINHA: Thank you, Stuart. <br /> MR. OMONAKA: Would it be possible to--the <br /> impeachment proceeding that you are talking about can be a <br /> long document--would it be possible just to make reference in <br /> the charter that the county adopt an ordinance of impeachment <br /> proceedings rather than spell out the entire process? <br /> MR. ODA: Right. That can be done. <br /> MR. , SENSANO: Mr. Chairman. I 've talked to <br /> some of the people on the-former Charter Commissions and they <br /> tell me that the charter is sort of a framework , they said, of <br /> broad principles and not specifications. In other words, if <br /> everything were written in the charter it would be a long and <br /> voluminous document but I think it is well for us to think of <br /> this as sort of a guideline - of principles on which to run the <br /> county government. Like, for example, you have a blueprint of <br /> a building but your blueprint and your specifications are <br /> altogether different because the specifications will go into <br /> details as to what you may put into the building, what kind of <br /> material , whereas your blueprint is just a plan whereby you <br /> can construct the building. What kind of construction materials <br /> is not specified in the blueprint. Your specifications will <br /> take care of that. <br /> Now, Mr. Oda, is this right? That the charter <br /> is sort of a. . .these are broad principles and not specifications? <br /> MR. ODA: Like any charter, it cannot. . .as you <br /> know the charter is a broad constitution for the county. . . like <br /> the State Constitution is for the State. How specific you are <br /> going to make it is generally a discretionary matter for the <br /> commission. Generally speaking, the specifics of legislation <br /> should be left to ordinances to supplement the charter provisions. <br /> So the charter provisions, generally, should be left general for <br /> the reason that if you make it too specific, you make it in fact <br /> . . .the ordinance itself, as it was pointed out, it need not be <br /> that way unless there is a specific provision. Like, for <br /> example, there was mention of the ethics provision in the County <br /> Charter. The ethics provision in the County Charter is repeated <br /> in the County Ordinance almost word for word. It can bedone <br /> that way but in case there is a conflict between the two, the <br /> County Charter supersedes the Ordinance as the so-called parent <br /> of the particular legislation. <br /> So you can be either as specific as you want <br /> or as broad as you want. But, generally speaking, county <br /> - 14 - <br />
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