HomeMy WebLinkAboutCOM 0124.069 2004-2006 May 31, 2005
Testimony
on the operating budget proposal
for the County of Hawaii
for the fiscal year ending June 30, 2006.
Thank you for this opportunity to comment.
According to our legal counsel, the proposed funding of coqui frog eradication is
a MISAPPROPRIATION of county funds and is ILLEGAL. The County Charter gives
no jurisdiction, authority, or mandate for the County to fund eradication of invasive
species. Invasive species eradication is the responsibility of Federal and State agencies,
and is overseen by the Hawaii Invasive Species Council.
The budget proposes giving funds to the Hawaii County Department of Reseazch
and Development for coqui frog eradication. However, this department has no
jurisdiction or mandate to conduct invasive species eradication programs. According to
the County, "The Department of Reseazch and Development is responsible for promoting
economic development in Hawaii County and collecting and developing data for
decision-making, program development and policy-making. The department's focus
encompasses numerous programs, which include tourism, agriculture, new industry and
industry development including film, energy and reseazch and statistics."
Further, according to the County Charter, Section 6-6.3, under "Powers, Duties
and Functions", it states, "The director of reseazch and development shall:
(a) Collect and develop data necessary for managerial and legislative
decision-making, and program and policy-making.
(b) Provide staff leadership for public and private development
programs, enterprises and plans, including economic, social and cultural
proposals, which enhance improvement of the county community.
(c) Coordinate informational and regulatory knowledge of all federal
and state grant-in-aid participation programs which affect the county."
Nowhere does the Charter authorize, empower, or instruct this department,
or any department of the county, to conduct invasive species eradication campaigns.
That function belongs to State and Federal agencies, which the county has already
contacted for coqui frog control.
County taxpayers have a right to expect that their taxes paid to the County will go
to County mandated fractions, as described in the County Charter. While certain
members of the county government may have a personal desire for coqui eradication from
the Island, the funding and performance of invasive species eradication is outside the
scope of county functions, and any payment of county funds towazds this end is illegal.
Comm. No. (Z~•~D-1
Ref. 7o:Preseresd 6Ltyt
Rif. Cate ~
In addition, if the county were able to fund invasive species activities from the
general fund, such appropriations cannot go to the the Big Island Invasive Species
Committee (BIISC) or other private interests without following statuatory requirements
for fair contract bidding. The BIISC is not a governrent agency, but a "partnership" of
individuals within the government and private industry. To directly fund this private
interest without obtaining bids is illegal.
Also, a contract for eradication services with the BIISC is illegal pursuant to HRS
84-15(b), which states ""A state agency shall not enter into a contract with any person or
business which is represented or assisted personally in the matter by a person who has
been an employee of the agency within the preceding two years and who participated
while in state office or employment in the matter with which the contract is directly
concerned. " Since the county has been involved in BIISC and the Coqui Frog Working
Group it cannot enter into a contract with these private interests.
We would also like to point out that Section 10-11 of the County Charter states
that, "Every obligation incurred and every authorization of payment in violation of the
provisions of this charter shall be void. Every payment made in violation of the
provisions of this charter shall be illegal; and county officers who knowingly authorize
or make such payment or any part thereof shall be jointly and severally liable to the
county for the full amount so paid or received. If any county officer or employee
knowingly authorizes or makes any payment or incurs any obligation in violation of the
provisions of this charter or takes part therein, that action shall be cause for his or her
removal."
We, therefore, respectfully request that the County's budget item of funding for
coqui frog eradication be removed from the budget.
We would also like to point out that funds for coqui control on the Big Island have
already been allocated by State and Federal agencies which have legal jurisdiction over
invasive species eradication and control for Hawaii county.
Thank you for your consideration of this issue.
Sydney Ross Singer
Director, CHIRP
Director, Institute for the Study of Culturogenic Disease
P.O. Box 1880
Pahoa, Hawaii 96778
(808)935-5563
cc: Hawaii Attorney General