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CHC 1979-06-12
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CHC 1979-06-12
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Last modified
7/19/2018 10:49:53 AM
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6/19/2018 9:49:05 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
6/12/1979
Type
MIN
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AGE CHC 1979-06-12
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. ODA: You mean too low, or too high? <br /> MR. OMONAKA: Too low. <br /> MR. ODA: Too low? As I said, the only reason <br /> why we picked one-hundred--Frances and I discussed that--is <br /> because Honolulu with such a large population has only five- <br /> hundred. We kind of weighed what our population here--maybe <br /> about 70 thousand, is just about 10% of Honolulu. And, yet, <br /> we made it more than 10% of what Honolulu has. That would be <br /> 70. It would come out to 50 if we tied it piggyback to <br /> Honolulu, proportionately. If we have only 10% of their <br /> population, we should have only 10% of what they have. <br /> MR. ISHIDA: Would this number one-hundred. . . <br /> can that be related to the amount required for initiative <br /> referendum, or is that enough? <br /> MR. OMONAKA: Too high. Initiative, right now, <br /> is only 10%. <br /> MRS. KOBAYASHI : Impeachment, though, differs <br /> from recall , does it not? Because impeachment says that `you <br /> have to have some very definite reasons for getting rid of an <br /> officer. There is malfeasance, misfeasance and all this , <br /> which based on the definition seems to be very strict. There <br /> is a difference in the Honolulu Charter between recall and <br /> impeachment. It would seem to me recall is where you need to <br /> worry, because it doesn 't even say in the recall provision I <br /> was reading in the Honolulu Charter, how you can get rid of <br /> somebody. Whereas, with the impeachment you have to say very <br /> specifically these are where the elected official has failed <br /> to do his duties. It seems to me it would be very difficult <br /> to. . .you would really have to work hard to get a case on the <br /> grounds of misfeasance, nonfeasance, maladministration, all <br /> that kind of stuff. Whereas, these are the reasons you would <br /> impeach an official , with recall, it doesn ' t say. <br /> MR. OMONAKA: I realize that. Stuart, in the <br /> case of impeachment proceedings, who pays the cost for the <br /> person? <br /> MR. ODA: The person who initiates it. <br /> MR. OMONAKA: Who eventually takes over the <br /> burden of the impeachment proceedings? A government agency <br /> like the prosecuting attorney, or? <br /> MR. ODA: No, it is a civil action, so it wouldn ' t <br /> go through the prosecuting attorney. I don ' t think the corp- <br /> oration counsel would be in a position to do that either because <br /> they are a county agency and the county officially involved so <br /> they would have to probably go to private counsel with the <br /> petition. <br /> MR. TRULSON: Since this law has been enacted in <br /> 1905 has it ever been used? <br /> MR. ODA: It may have, but I . . . <br /> MR. TRULSON: In the County of Hawaii? <br /> -23- <br />
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