HomeMy WebLinkAboutCOM 0491.002 2004-2006 0+3"•°'•".!yy Lincoln S.T. Ashida
Har Kim ~ ~ti Corporation Counsel
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Mayor
Gerald Takase
Assistant Corporation
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COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-8251 Faz (808) 961-8622
November 7, 2005
Honorable Stacy K. Higa and Members of the
Hawaii County Council
County of Hawaii
25 Aupuni St.
Hilo, HI 96720
Dear Chairman Higa and Council Members:
RE: Council Committee Reorganization
Our office received a communication from a concerned Council Member
regarding the third of the three-meeting process contemplated in the work of the
recent task force that examined the efficiencies of the existing committees and
their leadership.
The Council had earlier, pursuant to Section 92-2.5, Hawaii Revised
Statutes, as amended (hereinafter "HRS"), formed a task force for the purpose of
discussing a possible reorganization of the committee chairs. The second
meeting of the three-part meeting process was held on October 18, 2005,
wherein the task force reported its findings, and answered questions posed to it
from different Council members.
With respect to the third meeting, where voting on the recommendations
of the task force may be held, this must occur at a properly noticed meeting of
the Council. Based on my review of the agenda for the November 9, 2005,
meeting of the Council, the matter is not agendized for discussion.
The suggestion of the task force process was in direct response to the
question posed by the Council Chair, who asked what was the legal way for more
than two Council members to discuss the possible reorganization of committee
leadership. Given a recent opinion by the State of Hawaii Office of Information
Practices concerning "serial communications," the Chair was concerned about
violations of the Sunshine Law if he discussed these matters at length with those
Council members who raised these concerns with him. q I, 2
Comm. No.
Ref. To:
Hawaii County is an Equal Opportunity Employer and Provider Rc#. L ~:a , 2~
Honorable Stacy K. Higa and Member of the
Hawaii County Council
November 7, 2005
Page 2
On November 7, 2005, I contacted Office of Information Practices
(hereinafter "OIP") Executive Director Leslie Kondo, who concurred with my
representations made to the concerned Council Member that:
1. There was no legal requirement that all three required meetings of the
task force occur in consecutive meeting dates; and
2. There was no requirement there be a vote on the findings and
recommendations of the task force, if that is the will of the Council.
Mr. Kondo concurs that since (1) there is presently no written opinion from
the OIP concerning any distinction between Council and committee
reorganization, and (2) the Council may have made committee chairpersonship
board business by requiring in the Council rules that such matters be voted on by
resolution, that the most prudent course of conduct would have been to
recommend the Council utilize the task force procedure as a method to legally
allow up to four members of the Council to discuss committee chairpersonship.
This is exactly what was done in this case.
It was the intention of our office to ensure that any ambiguity in the law be
resolved in favor of transparency of Council proceedings. This is not only
contemplated, but required by the preamble of HRS Chapter 92. As Mr. Kondo
mentioned to me today, such a conservative approach ensures compliance with
our laws, and does not place at risk the actions taken by the Council.
I have taken the liberty of copying this letter to Mr. Kondo, so there is no
misunderstanding concerning his representations to me today.
In sum, the process followed was the most legally conservative method to
ensure that any action of the Council would not later be invalidated.
Finally, with respect to the HSAC initiative which seeks to exempt the
Council from the requirements of the Sunshine Law, please know our office will
continue to work with the Council and OIP, no matter what is decided by the
Council at its meeting on November 9.
Our office will endeavor to work within the confines of any law passed by
our State legislature, and will continue to work with the Council to ensure
compliance with whatever law is passed.
As an aside, we are very pleased with our present working relationship
with the OIP, and suggest that any concerns regarding the recent controversy
surrounding "serial communications' and the like be resolved by working with
OIP, and through delivery of training for our County officers, board and
commission members, and employees. The Corporation Counsel hosts annually
Honorable Stacy K. Higa and Member of the
Hawaii County Council
November 7, 2005
Page 3
in Hilo and Kona training put on by the OIP where both the Sunshine Law and
the Uniformed Information Practices Act are covered in significant detail.
I did previously inform the Council that I would not be able to attend the
November 9, 2005, meeting, since I had a previous personal commitment. I do
appreciate the graciousness and consideration you have shown me by allowing
me to tend to matters of Council concern prior to my departure.
If I may be of further assistance to any of you, please contact me. I will
have my cellular telephone with me while I am out of the office, so I invite you to
contact me anytime at (808) 895-4977. Thank you for your kind attention to this
matter.
Very truly yours,
LINCOLN S. T. ASHIDA
Corporation Counsel
c: Honorable Leslie H. Kondo, Office of Information Practices
S: Dep[s/Council/LSA misc./Letter to Council 11-7-OS/LSAmr