HomeMy WebLinkAboutCOM 0450.004 2004-2006 Lincoln S.T. Ashida
••••IJg1 Corporation Counsel
Harry Kim
Mayor
Gerald Takase
Assistant Corporation
• o. Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-6251 • Fax (808) 961-8622
October 6, 2005
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Honorable Donald Ikeda fens
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Chair, Committee on Public Works and pis /D- off- o c
Intergovernmental Relations Gosnr/ CouncU
Hawaii County Council
25 Aupuni St.
Hilo, HI 96720
Dear Committee Chair Ikeda:
RE: Communication 450 (Bill 154)
An Ordinance Amending Chapter 18, of the Hawaii County
Code 1983 (2005 Edition), relating to Public Transportation
After the Public Works and Intergovernmental Relations Committee
meeting on October 4, 2005, some Council members questioned the concerns
expressed over the legality of offering free or reduced fare rates to local Hawaii
Island residents, vis-a-vis non-residents. During the Committee meeting, the
administration had represented that the Corporation Counsel indicated that such
rate differentiation may be illegal or unadvisable.
Although our office has not formally opined on this issue, the basis for our
informal guidance to Mass Transit Agency Administrator Tom Brown was the
placement of federal funds in jeopardy, in the event the County embarked upon a
program that could be considered impermissibly discriminatory in design. I
believe Mr. Brown was so cautioned by the State of Hawaii Department of
Transportation.
The difference between offering free bus transportation versus "Kamaaina
rates' often offered by local businesses may lie in the difference between a
governmental entity providing public service, and a private business offering
discounts. Activity of the government must meet a higher standard of judicial
scrutiny, in the event of disparate treatment of persons.
We recommend that if the Council has any concerns regarding this issue,
you request a formal opinion from our office. We will be more than happy to
research this very important issue, and consult with the appropriate State and
Cornet. No.
Ref. To: Pre
Hawaii County is an Equal Opportunity Employer and Provider itof. Uate JLT 1 1005
Honorable Donald Ikeda
October 6, 2005
Page 2
Federal agencies to ensure that any funds received by our County are not placed
in jeopardy.
Finally, we apologize for not having a Corporation Counsel representative
present at the Committee meeting to address this issue. We have taken the
necessary steps to ensure our office will have the assigned staff attorney present
when critically important bills like the present one are being considered by the
Council.
Thank you for your kind attention to this matter.
Very truly yours,
V~'
LINCOLN S. T. ASHIDA
Corporation Counsel
c: Honorable Mayor Harry Kim
Honorable Tom Brown, Mass Transit Agency Administrator
S: DepartmentslMassTransit/LSA Misc./Letter to Council re Bill 154 10-5-OS/LSAmr