Comm No 0001.08 - CC Response - Serve Legislative and Executive Branches

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Harry Kim Mayor Joseph K. Kamelamela Corporation Counsel Renee N. C. Schoen Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawai'i 96720 • (808) 961-8251 • Fax (808) 961-8622 October 1, 2018 Attorney Client Communication: Confidential And Privileged Not To Be Publicly Disclosed, Divulged or Disseminated Honorable Douglass Shipman Adams Chairman and Members of the Hawai'i County Charter Commission County of Hawai'i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Adams and Commission Members: RE: Request Information on County Charter Article VI, Chapter 5, Section 6-5.3; Relating to the Powers, Duties, and Functions of the Corporation Counsel Thank you for your correspondence of August 27, 2018, and the opportunity to provide responses relating to the powers, duties, and functions of the Corporation Counsel in accordance with Section 6-5.3, Hawaii County Charter (HCC). 1. Short Answers 1. There are no inherent conflicts that inhibit the Office of the Corporation Counsel from advising both the Legislative and Executive Branches of County government. 2. In accordance with Section 6.5, HCC, the County Council, by two-thirds vote of its entire membership, may authorize the employment of Special Counsel "for any special matter presenting real necessity for such employment" including to address any alleged conflict of interest. 3. The Charter provisions properly address potential conflict of interest matters arising out of the duty of the Corporation Counsel to be the "chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties." COMM. NO. 1.8 Hawaii County is an Equal Opportunity Employer and Provider