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

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Honorable Douglass Shipman Adams Chairman and Members of the Hawai'i County Charter Commission October 1, 2018 Page 4 of 5 The current Charter provision recognizes that the Corporation Counsel owes duties to the County government as a whole when it states: "The corporation counsel shall be the chief legal advisor and legal representatives of all county agencies, the council and all officers and employees in matter related to their official powers and duties." D. Corporation Counsel Provides Only One Legal Opinion In accordance with the Charter, it is expected that the Corporation Counsel will not support anything that is, or has the appearance of being, illegal, unethical or unsafe. Just as important, any legal opinion by the Corporation Counsel will be consistent, and will not change because of whom, Council or Mayor, requests a legal opinion. On any legal matter, the Corporation Counsel provides only one and the same legal opinion to all County employees and officials. So, there is no inherent conflict of interest that inhibit the Office of the Corporation Counsel from advising both the Legislative and Executive Branches of County government. III. Special Counsel Charter Provision Section 6-5.5 of the HCC provides: The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity of such employment. Any such authorization shall specify the compensation, if any, to be paid for said services. in accordance with the above-mentioned charter provision, with few limited exceptions, the Council approves the hiring of Special Counsel by the required two-thirds vote of the entire membership of Council. (Emphasis added.) See also Maui County Council v. Thompson, 84 Hawai'i 105, 108, 929 P.2d 1355, 1359 (1996) (The Maui County Council is expressly charged by the charter with the power to retain special counsel). The Council must determine whether (1) there is a special matter and (2) a real necessity of employment of Special Counsel. The County Council can approve Special Counsel by a two -third vote where the Corporation Counsel lacks expertise in an area of law. See Charter Commission Minutes of the November 9, 1967 Meeting, at 23-24. Moreover, the County Council can approve by a two -third vote the hiring of Special Counsel where there is a perceived conflict of interest where an opinion from the Corporation Counsel may be contrary to the opinion of the County Council. Charter Commission Minutes of the April 13, 1968 Meeting, at 9.