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

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Hawai`i County Charter Commission -3 September 14, 2018 the other side of the island. I don't know whether that is a Charter thing that needs to be amended or whether that is something that is internal to the Council, but I think it is important that unless you have some conflict that you can't, like you are an attorney and the Judge has set that hearing that day, that other than something like that, when you run for office, I think you sign up for the service which entails going back and forth. Not participating and routinely sitting on your butt on one side of the island and not going and having the courtesy of being in front of the populace on the other side of the island. So that's.one issue and I am not sure where to go with that. Two, on resolutions and this has bugged me, I loved it when I was on the Council, but once I was in the cabinet, I looked at it a little differently. In Section 3-8, when we refer to actions of the Council, it says "non -legislative acts may be by resolution" which is not a problem. It's non -legislative so it doesn't need to go to the Mayor to approve it, but when a resolution has the force and effect of law, to me there should be some checks and balances between the Mayor's office and the Council, and one of the areas I thought about is the fact that things like when you set the real property tax rates, the Council sets it. The Mayor has no opportunity to veto if he doesn't agree with the rates that have been set by the Council. And, that has bothered me because the whole premise of the Charter is to have this balancing of power and checks and balances, and that's one of the most important areas that should have a check and balance and it's not set up in the Charter for the Mayor to have an opportunity. So I just want to put that out there as something that we should take a look at and the same thing with any other resolutions that have the force and effect of law. If it has the force and effect of law there should be some kind of checks and balances set up within the Charter. Thank you. MS. POINDEXTER: Yeah, and I agree with that and yet the Charter says no resolution shall have the force and effect of law, so that is where I think your job starts to look at those statements. Thank you. CHR. ADAMS: Commissioner Galimba. MS. GALIMBA: So yeah, following up on this discussion, is it possibly just a case of practice rather than anything we need to change in the Charter. Just people say "this is going to be a resolution and this is what we always do." Where there's a resolutions, and it is law, when it really maybe shouldn't be a resolution. It should be something else. MS. POINDEXTER: Yeah, and that you would have to take up—I would leave that up to Corp Counsel to advise you on that, but I know that no resolution should have you know, the force and effect of Jaw. MS. TODD: Mr. Chairman, if Commissioner Galimba Page 17