HomeMy WebLinkAboutCOM 0521.000 1996-1998 OOJM(Y Oi M,~
JAMES Y. ARAKAICI ^ ~1d~%;e; Phone: (808) 961-8272
Chairman fy Presiding Officer r _ FAX: (808) 969-3291
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COUNTY COUNCILC;;
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Hawaii Counhj Building
ZS Aupuni Street
Hilo, Hawaii 96720
September 18, 1997
TO: Council Members
FROM: James Y. Arakaki, Chair
RE: Bill relating to Council C acts
For your review and consideration, attached is a bill which creates a new article relating to the legislative
branch and its ability to contract for services.
Presently, Section 13-13 of the Hawaii County Charter states:
"The county may enter into contracts with private parties, other counties, the state or the United
States for the performance of any function or activity which the county is authorized to perform.
All written contracts to which the county is a party shall:
(a) Be approved by the corporation counsel as to form and legality.
(b) Be authorized by the council by resolution if legislative action is necessary to implement
the contract.
(c) Except as other wise provided, be signed by the mayor.
(d) Be approved by the director of finance as to the availability of funds in the amounts and for
the purposes set forth therein if they involve financial obligations of the county. Such
contracts shall not extend beyond the term for which an appropriation to finance such
obligations has been made, except as otherwise provided by this charter. This provision
shall not apply to obligations for the procurement of utility services."
Although the 1990 Charter Commission considered a previous council suggestion to change the Charter to
provide for such authorization, the Charter Commission did not include it in the list of ballot questions.
We have since received Opinion No. 97-03 from the Corporation Counsel (previously distributed) which
opines that an amendment to the County Code is sufficient authority.
Therefore, the bill has been drafted to authorize the council chair, not the mayor, to sign contracts falling
within the scope of the legislative program. The checks and balance would be in budget approval, the
funding certification by the Finance Director and the Corporation Counsel approval as to form and legality.
Should you have any questions, please feel free to contact me.
Att.
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