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HomeMy WebLinkAboutCOM 0124.039 2004-2006 .v w,~ Lincoln S.T. Ashida ~'•y Corporation Counsel Harry Kim Mayor Gerald Takase Assistant Corporation •"o:'A~'~ Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 Fax (808) 961-8622 April 5, 2005 Honorable Jay T. Kimura Prosecuting Attorney 34 Rainbow Dr. , Hilo, HI 96720 , - Honorable Lawrence K. Mahuna = Police Chief 349 Kapiolani St. - Hilo, HI 96720 Dear Messrs. Kimura and Mahuna: - RE: Hawaii County Smoking Ban At a special meeting of the Hawaii County Council Committee on Finance held on March 30, 2005, Council Member Bob Jacobson expressed frustration over the perceived "lack of enforcement" of Hawaii County's smoking ban, as codified in Article 4, Chapter 2, Hawaii County Code 1983 (1995 ed.) (hereinafter "Code"). Council Member Jacobson represented that he contacted the Police Department, and was informed they (the police) were responsible for enforcement of this ordinance. Council Member Jacobson asked whether this law was "ever going to be enforceable." I responded that in my opinion, the law is enforceable, so long as there is a clearly identified process for enforcement. Council Member Jacobson initially represented at this meeting that he believed the Corporation Counsel was somehow responsible for enforcement. I made clear to Mr. Jacobson this was not the case, as our ordinance does not confer such powers on our office. I advised Council Member Jacobson that Deputy Corporation Counsel Bobby Jean Leithead-Todd, who originally authored this bill while on the Council, remains involved and available to our County clients in order "to work the bugs Comm. No. Z~''39•39- Ref. To:~~' r~ Ref. Uate ~pR~05 Honorable Jay T. Kimura Honorable Lawrence K. Mahuna April 5, 2005 Page 2 out," and perhaps propose supplemental local legislation in order to better clarify the law.' As you know, shortly after this Bill was passed into law, I met with the leadership of the Police Department and Prosecuting Attorney to discuss the requirements of the law in conferring the enforcement responsibilities on your respective departments. Our office remains willing to continue working with you, in an effort to improve our law in order to make Hawaii County a safer and better place. The purpose of this letter is to offer you the services of Ms. Leithead-Todd in your collective effort to legislatively address enforcement problems with Hawaii County's smoking ban. Please feel free to have your assigned personnel work directly with Ms. Leithead-Todd. Thank you for your kind attention to this matter. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel c: VHonorable Gary Safarik, Chair, Hawaii County Council Honorable Virginia Isbell, Chair, Council Committee on Finance Bobby Jean Leithead-Todd, Deputy Corporation Counsel S: Departments/Corp Counsel/LSA Misc. Corresp./Letter re bill 260 3-31-OSlLSAmr As an example, one comment received from the Department of Liquor Control expressed the need for a central agency acting as a repository for information concerning the percentage of alcohol versus food sales. In the opinion of the Department of Liquor Control, the ready availability of this information would assist in the enforcement effort.