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but like even in Honolulu, five-hundred doesn ' t seem like very <br /> much when' jou consider a population of 700 thousand. And, yet <br /> nobody has initiated anything like that against the mayor. <br /> Because it is such a serious kind of allegation, charge. <br /> MR. TRULSON: There would have to be a lot of <br /> proof to even get it out. <br /> MR. SENSANO: Let ' s say that there is a proceeding, <br /> are the signatories to the proceedings petition libel for this? <br /> MR. ODA: You mean for bringing, let ' s say, a <br /> frivolous action. <br /> MR. SENSANO: Yes. <br /> MR. ODA: I don ' t. . .I suppose it might be possible, <br /> but I haven ' t seen any situation like that. I know, for example, <br /> under certain kinds of lawsuits, if you lose the case that you <br /> initiated, you can be charged for attorney' s fees that are <br /> incurred by the other party defending it. <br /> MR. TRULSON: Isn ' t it true you can sue anybody <br /> for anything? <br /> MR. ODA: Yes. <br /> MR. SENSANO: The reason why I say that is that <br /> if an elected official in the eyes of quite a few, is not acting <br /> as he should, privately they say, oh, that guy is, you know. .but <br /> they won ' t dare put their names down. Now, why? Why would a <br /> person hesitate to put their name down to sort of discipline an <br /> elected official if there are no, let us say, means of the <br /> elected official coming back on these people for signing that. <br /> MR. ODA: The elected official can always ask <br /> the court, at least, for his expenses in having to pay an attorney. <br /> Not that the court will grant it but he can ask that these expenses, <br /> as necessitated in defending the action be paid by the other side, <br /> the losing side, so to speak. And so can the winning side, who, <br /> maybe they ,initiated against the councilman, or mayor, or whomever. <br /> They can ask the. judge and the judge would have to rule at that <br /> time the- reques"t"'was`.`made. Because there is nothing in the <br /> statutes, right now, that controls that situation, that I know of. <br /> MR. SCHUTTE: Stuart, as it stands now, the <br /> removal of councilman and/or mayor is referred to as provided by <br /> law. That refers to Section 62-13 that you brought up. <br /> MR. ODA: That ' s right. <br /> MR. SCHUTTE: If this is left at that then what <br /> we are working under right now is much less than you are proposing. <br /> MR. ODA: That ' s right. <br /> -20- <br />