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Home My WebLink AboutCOM 0613.001 2000-2002 Ha Kim a~ttl °•`••"~ea Dixie Kaetsu Ma or ~~9~~ Managing Director ~f Peter T. Young j Deputy Managing Director •'s '1Pg'0°g•~p`M COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 May 31, 2002 The Honorable Chairman James Y. Arakaki ~ ' and Members of the County Council County of Hawaii Hilo, HI 96720 Dear Chairman Arakaki and Council Members: - During the May 14, 2002 meeting of the Council Committee on Parks and Environmental Management, Committee Chair Dominic Yagong requested ~ ' follow-upon the issue of whether participation by "at-large" or "independent" members on the Veterans Advisory Committee (Communication 613) is in violation of the County Code. I posed this question, as well as other questions, to the Office of the Corporation Counsel, and its reply is attached. Another question researched was the correct name of the committee. It is the "Veterans Advisory Committee," not the "Veterans Cemetery Advisory Committee." Having cleared the issue of "at-large" or "independent" members, I hope that the Council will be in favor of confirming the Mayor's nominees. Thank you. Very truly yours, ~ ; Wendell Hatada. Executive Assistant Attachment cc: Dixie Kaetsu, Managing Director Pat Engelhard, Director File I^do. 4~~4Y OF y~~' ~i ~~'t'Y Kean Lincoln S.T. rl,shicla Mayer ' * Corporation Counsel ;::4•: • e:;;::::;: . ~ ~ ~ ~ Gerald Takase 4r~*oa~e+h`~° Assistant Corpnration Counsel ~~x~~ ~~ix~t~ O~~'ICE OF'T€ C®1~t~~TI®I01 C(~IJ101S~I. 101 Aupuni Street, Suite 325 * Hilo, Hawaii 96720-4262 • (808)961-8251 • FAX (808) 961-8622 May 28, 2002 Mr. Wendell Hatada Executive Assistant Office of the Mayor 25 Aupuni Street Hilo, HI 96720 Dear Mr. Hatada: Re: Veterans Advisor/ Committee I have received a request for a legal opinion with regard to the following three issues and will attempt to clarify them for you issue by issue: Issue 1: Does the participation of "At-Large" committee members make the committee "illegal?" Issue 2: Clarify section 15-62(g) since the Special Forces Association no longer has a representative on the Committee. Issue 3: In cases where the organization no longer exists, such as the Fleet Reserve Association, what becomes of the vacancy and how should the position be filled or not filled to be in compliance with the Code? Issue 1: Does the participation of ".,fit-Large" committee members make the committee "illegal"? Short Answer: Flo. The present membership of the Veterans Advisory Committee including "At-Large" members is legal. A brief history of the Veteran's Advisory Committee will assist in understanding the composition of the committee. Section 363-5 Hawaii Revised Statutes Council's responsibility; burial of servicemen, veterans, and dependants states that the counties shall provide for the establishment of veterans cemeteries to be located in their Mr. Wendell Hatada May 28, 2002 Page 2 respective counties. Ordinance 86-123 established the Veterans Advisory Committee under Article 7, §15- Hawaii County Code (hereinafter "HCC") for the primary purpose of advising the County of its' responsibilities over veterans cemeteries pursuant to § 363-5 H.R.S. In Ordinance 56-123 under Article 7, the Council provided that there be a committee of 13 members for the purpose of primarily advising on issues concerning the veterans cemeteries. Under the 1986 ordinance, the Veterans Advisory Committee shall be comprised of one member from each of the following nine (9) organizations: 1. American Legion 2. Sig Island Retired Military Association 3. Club 100 4. Disabled American Veterans 5. Fleet Reserve Association 6. 442"d Veterans Association 7. Hilo Interpreters Club 8. Veterans of Foreign Wars 9. Veterans of the Viet Nam War. While Ordinance 86-123 also provides for two (2) ex-officio members, it clearly states that there shall be thirteen (13) members. Therefore, by default the Veterans Advisory Committee must also include "At-large" or independent members. Statutory interpretation requires that the statute be read as a whole and plain meaning apply. Richard v. Metcalf, 82 Haw. 249; 921 P.2d 169(1996). A statute will not be held unconstitutional by reason of uncertainty if any sensible construction embracing the legislative purpose may be given it. State v. Safes, 84 Haw. 211, 933 P2d 47(1997). Since the establishing Ordinance in 1986, the County under Ordinance 90-05 increased the membership of this committee from thirteen (13) to fifteen (15) under §15-61 FICC by adding the Sig Island National Guard Retirees Association and the Special Forces Association to the list of organizations providing one representative. The number of members representing organizations then increased from nine (9) to eleven (11) with the number of "At-large" or independent members remaining the same. Throughout the years since the establishment of the Veterans Advisory Committee several organizations have been replaced by ordinance. In 1996, under Ordinance 96- 124 the Special Forces Association was replaced by the Hawaii Island Women Veterans Association. In 1997, under Ordinance 97-125 the Fleet Reserve Association was replaced by the Hawaii Island Memorial Inc. With these replacements, it's clear that the intent was to maintain a total membership of fifteen (15) with eleven (11) being from listed organizations and four (4) "at large" members. Mr. Wendell Hatada May 28, 2002 F'age 3 Issue 2: Clarify section 15-62(g) since the Special Forces Association no longer has a representative on the Comav9ittee. During the 1996 amendment to this section, it appears that an oversight occurred when subsection (b) replaced the Special Forces Association +~vith the Hawaii Women Veterans Association, but the same was not done for subsection (g). Subsection (g), reads as follows: The first term of the representative from the ,Sig Island National Guard Retirees Association shat! expire on December 39, 1993. The first term of the representative from the Special 1=orces Association shall expire on December 31, 1992, Thereafter, successors to these representatives shall be appointed for a term of ftve years. °~he fact that the 1996 amendment did not change subsection (g) by replacing the Special Forces Association with Hawaii Women Veterans Association is now arguably moot since the initial cycle of expiration of terms is long past. Due to the possible confusion that the appearance of the Special Forces Association in subsection (g) but not in subsection (b). It is recommended that subsection (g) be omitted via ordinance change. Issue 3: In cases where the organization no longer exists, such as the Fleet Deserve Association, what lbecornes of the vacancy and how should the position be filled or not filled to be in compliance with the Code? In cases where the organization no longer exists, that organization should be replaced with another suitable organization via ordinance amending list of organizations of §15-62(b) HCC. If no suitable organization can be found, the Council then would need to remove that defunct organization from § 15-62(b) and either amend the number of members this committee will be composed of under § 15-61 HCC or allow by default a ~flh "at large" member. It is important to note however, that throughout the various amendment to Article there has always been only four "at large" positions. In cases where the organization exists but no representative from that organization can be found, the Council must then decide if that organization's recognition under § 15-62(b) HCC should be maintained or if that organization should be replaced via ordinance change. _ _ Mr. Wendell Hatada May 28, 2002 Page 4 Conclusion Where it is the will of the Council to replace or remove any organization from the Veterans Advisory Committee, this must be done by ordinance amending § 15- 62(b). Likewise, if it is the will of the Council to replace anon-represented section 15-62(b) organization with a "at large" member this must be done by ordinance deleting that organization from § 15-62(b). Yours sincerely, ! r CRAI¢'7'. MASUDA Deputy Corporation Counsel Cl-M: pc s:deptlparkslveterans advisory\membership op Itr to Hatada 5-02 CTMpc.doc