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CHC 1979-07-03
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CHC 1979-07-03
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Last modified
7/19/2018 10:49:53 AM
Creation date
6/19/2018 10:22:43 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
7/3/1979
Type
MIN
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AGE CHC 1979-07-03
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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That is the only reason, I would assume, why <br /> he is requesting that. <br /> MR. TRULSON: He mentioned, specifically, <br /> being witnesses. <br /> MR. SCHUTTE: I think the intent that he <br /> projected to us, at that time, was in regards to getting <br /> witnesses and the problems involved. If I can recollect, <br /> he thought at the time when an individual is hot to testify <br /> they had to get this subpoena power in order to get this <br /> person to testify, to make a statement, etc. <br /> I also. feel-and I questioned Mr. Ono in regards <br /> to his request, and I felt that it was not he could not <br /> substantiate it enough and it would be kind of left open. It <br /> involved the privacy of the individual. I think as far as <br /> serving goes, of getting a subpoena and serving it, it is as <br /> close as the telephone is in regards to an officer. I don 't <br /> think there is any clerical problem involved once a subpoena <br /> is made. <br /> MR. ODA: If that is the specific rationale <br /> behind it, then I think the provision as worded, right now, <br /> is too broad. Why not just say that. . .may appoint investi- <br /> gators who shall have the powers to issue subpoenas. <br /> MR. SCHUTTE: What section are you talking <br /> about? <br /> MR. ODA: Subsection (b) . <br /> MR. TRULSON: That is his proposal. Subsection <br /> proposal. <br /> (b) of 9..5. That isn' t in the present charter. <br /> MR. CADINHA: No, no. Mr. Chairman. Discussion. <br /> I feel that the subpoena power rests with the courts right now <br /> and I cannot tolerate vesting anybody else in the county with <br /> that authority. I ' ll be darned if some guy is going to come <br /> rap on my door from theProsecutingAttorney' s office to <br /> compel me to show my books and to appear under oath. I would <br /> have to vote against that. <br /> MR. ISHIDA: Mr. Chairman. Point of question <br /> here. I don ' t think we are discussing the power of the subpoena. <br /> The provision that was suggested is strictly to have an <br /> individual who has the power of a police officer for the purpose <br /> of serving subpoenas, not to issue subpoenas. The purpose of <br /> issuing subpoenas is another provision which Mr. Ono recommended. <br /> Doesn ' t that one just say for serving subpoenas? <br /> MR. ODA: No. Are we referring to subsection <br /> (b)? It says. . .The prosecuting attorney may appoint <br /> investigators who shall have ALL the powers and privileges of a <br /> police officer of the county! <br /> -17- <br />
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