HomeMy WebLinkAboutCOM 0427.002 2004-2006 Lincoln S.T. Ashida
Har Kim ~e Corporation Counsel
ry
Mayor
Gerald Takase
;j.,. Assistant Corporation
oi'M~' 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
August 31, 2005
Honorable Harry Kim
Mayor, County of Hawaii
25 Aupuni St.
Hilo, HI 96720 -
hlonorable Stacy Higa
Chair, Hawaii County Council
25 Aupuni St.
Hilo, HI 96720
Dear Mayor Kim and Chair Higa: ,
RE: Public Access, Open Space, and Natural Resource
Preservation Commission
A question was raised regarding the length of the original terms for
commissioners appointed and confirmed to this Commission.
Article XIII, Section 13-4(a) of the Hawaii County Charter (2000), provides
in pertinent part as follows:
The members shall serve staggered terms of five years. Upon the initial
appointment of the members of a commission consisting of five members,
one shall be appointed for a term of one year, one for a term of two years,
one for a term of three years, one for a term of four years, and one for a
term of five years. Upon the initial appointment of the members of a
commission consisting of seven members, one shall be appointed for a
term of one year, one for a term of two years, two for a term of three
years, two for a term of four years, and one for a term of five years. Upon
the initial appointment of a commission consisting of nine members, one
shall be appointed to a term of one year, two for a term of two years, two
for a term of three years, two for a term of four years, and two for a term of
five years. (Emphasis supplied).
The question is how is it decided which council district receives the one-
yearterm, the two-year term, and so forth. Comm. No. 27. 2
Ref. To: ore - G
Re#. Dare
Hawaii County is an Equal Opportunity Employer and Provider
Honorable Harry Kim
Honorable Stacy Higa
August 31, 2005
Page 2
The Charter and our laws are silent on this issue. As a practical matter,
the difference in total years of service will be four years. This is because a
commissioner who is appointed to an initial term of 3 years is ineligible for
appointment. On the other end of the spectrum, a commissioner who is
appointed for an initial 2-year term may be reappointed for an additional 5-year
term, for a total term of service of 7 years.
An equal (or as close to it as possible} distribution of all Council districts
should dictate the initial appointment of these commissioners. We reviewed the
two most recently created commissions and learned the following regarding the
initial appointment of commissioners:
Environmental Manaaemenf Commission
1-year term: District 3
2-year terms: Districts 7 and 8
3-year terms: Districts 1 and 4
4-year terms: Districts 6 and 9
5-year terms: Districts 2 and 5
Fire Commission
1-year term: District 2
2-year terms: Districts 3 and 5
3-year terms: Districts 4 and 6
4-year terms: Districts 8 and 9
5-year terms: Districts 1 and 7
Based on the foregoing, we recommend the following matrix for your
consideration:
Public Access Open Space and Natural Resource Preservation
Commission
1-year term: District 6
2-year terms: Districts 1 and 4
3-year terms: Districts 3 and 5
4-year terms: Districts 2 and 7
5-year terms: Districts 8 and 9
Please let me know if further information or discussion is required.
Very truly yours,
LINCOLN S. T. ASHIDA
Corporation Counsel
5: Boards and Commissions/PUblic AccesslLSA misc.ILetter re terms 8-31-05/LSAmr