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CHC 1979-04-10
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CHC 1979-04-10
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Last modified
7/19/2018 10:49:53 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
4/10/1979
Type
MIN
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AGE CHC 1979-04-10
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. CADINHA: Stuart, specifically, let ' s just <br /> hypothetically take a situation where the mayor tells the <br /> police chief or the water department head to perform a <br /> function--do something--and he gets a no. Under our current <br /> charter, he turns around and says , well you are under my <br /> general supervision and I interpret that to mean that it <br /> implies that I am your boss. The commission behind the police <br /> chief and behind the water department turns around and says, <br /> no, no. We agree with our chief ' s or our department head ' s <br /> stand. What process then would take place to determine who is <br /> right? Does the corporation counsel render an opinion? <br /> MR. ODA: Generally, yes. That would be the <br /> situation. Corporation counsel will have to interpret the <br /> charter provision regarding the powers of the commission and <br /> the powers of the mayor. They have to be looked at and some <br /> decision has to be made as to who has got the overseeing <br /> authority. Or, whether it is a collateral kind of thing, <br /> bilateral,WlhateVer you want to call it. Jurisdiction by both <br /> groups. - In general , the commissions , themselves , don ' t really <br /> get too much involved in , as I say, the day to day operational <br /> `aspects of the executive departments. They meet maybe once a <br /> month, at most. Most of these, from what I have seen, most <br /> of these just go through the motions of listening to reports <br /> by the department heads. They don ' t really act on too many <br /> day to day type of decision making matters. In fact, they <br /> seldom present it to the commissions for action. Except , <br /> perhaps , for the water commission. I would say, that under <br /> the present language of that proavision, that perhaps some <br /> study should be made between the commission powers; the mayor ' s <br /> powers and that specific sentence in the charter. I cannot <br /> make any specific recommendation, at this time, because I have <br /> to look at it further. Any other questions on that? <br /> With regard to the redistricting and reappor- <br /> tionment matters. This is again a very controversial area. <br /> On the one man, one vote concept, the basic case that we all <br /> fall back upon is that Reynolds versus Sims case back in 1964, <br /> I believe. <br /> As you know, on the mainland , unlike Hawaii <br /> they have had quite a bit of racial discrimination. Most of <br /> the court cases that have overturned the legislative districting <br /> of various states and _counties throughout the nation have been <br /> based on the fact that the districting plans that were in <br /> existence have been racially motivated to discriminate against <br /> negroes and other minorities. For example, let ' s say this <br /> island--if you picture the island into--how many districts do <br /> we have--six--eight--if you have at-large voting for all nine <br /> county councilmen and let ' s assume that in the district of <br /> Puna you had predominantly, let ' s say most of the <br /> immigrants from the Philippine islands live in the district of <br /> Puna. This is just hypothetical . Let ' s say 90% of the <br /> Filipinos or members of the Filipino community live in the <br /> distr-ict 'of Puna. You have an at-large voting plan, nine <br /> councilmen running at-large. The totality„'of the vote of the <br /> - 28 - <br />
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