MIN CHARTER 2018-09-14 (2018-2020)

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Hawai`i County Charter Commission -3 September 14, 2018 J YOSHIMOTO: there will be a lot of budget meetings or other things. Things may come up whereas if it's in the Charter and it's set in stone then it is a little hard to be flexible. MS. POINDEXTER: Right. Instead of using monthly or anything and I like that. The equal amounts. Thanks. CHR. ADAMS: I do have one other question. It has to do with some items that I have seen in other portions of the Charter. Ordinances refer to legislative acts. Resolutions refer to non -legislative acts, yet we see some points where resolutions are used to, it appears, to accomplish legislative acts. Any comments on that? MS. POINDEXTER: When you're talking about accomplishing legislative acts you mean at the State level, legislative acts? Because a lot of times we have resolutions that strongly encourage them to pass certain legislation up at the State level. However, I understand, I think I understand what you are saying because a lot of times some resolutions come in and strongly encourages a department to do something. A lot of times the department will try to massage that and compromise and come up with something to please the Council with their resolution. I have seen that happen with roads in limbo, with a resolution coming forward and saying hey, DPW (Department of Public Works) should provide the materials and the residents will provide the labor and enter into an agreement... and it has happened. That is in place. But that was a resolution. So the resolution is just a strong encouragement and a lot of times the resolutions that come through I think are good decisions for the departments to consider so they may consider that, but I don't think it is a way of us undermining our own legislative process. CHR. ADAMS: Okay. In particular, and thank you for that. In particular in the adoption of the pay plan, Section 3-13 of the Charter, the last sentence of that particular Charter says "interim amendments to the ordinance which establishes the pay plan for the County may be by resolution of the County provided revised salary ordinances enacted at least once annually." So you have an ordinance and then you have amendments that are being made by resolution and that seemed to me to be out of character for the use of the resolution process. MS. POINDEXTER: Right. And so, I would refer back to our Corporation Counsel and see if that in the Charter should be re -worded because it does, I don't know if it brings ambiguity to it, or you know misinterpretation to it, so I would definitely seek the legal counsel for you to see. CHAIR ADAMS: Thank you Chair Poindexter. MS. POINDEXTER: Thank you. Page 14