HomeMy WebLinkAboutCOM 1201.001 2004-2006
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LETTERS I YOUR VOICE
LAND PETITION h
County clerk respondsf
This responds to the ol ly ~A1JA~'r I p
YC uE~f
following two inaccurate It ARRIVALS
statements written in a WIIT ~'ND Nov. 9 article entitled "Mayor AI 411, MCI E M
C,?
vows to restore missing~wp ~u„~[v
wording : -w .f~~,,,,`
"Save Our Lands did %ss:, ° < ~+u xbs:
not include subsection D
on the petition that more >:F..,t
than 8,000 people signed, ry': •.:n .n<:,;.+...:.`} _
and County Clerk Connie
g 2' Yr X: I
Kirin thought that omission -.1 X- ` <'rj..
meant petitioners wanted the
subsection deleted."
"I think it would be a
wonderful show of support
for the existing council
to correct the mistake by the"" "
clerk," Hecht said.
The initiative petition proposed by Save Our Lands Y»
(SOL) Petitioners' Committee
did not contain the Public
Access, Open Space Fund's I
purpose section (d). The
legislative bill considered by <sa: ~
the County Council at its July
meeting was written with When it came time to Petitioners) Committee in In order to maintain the
the exact language provided develop the objective ballot getting nothing. Further, as long-term legal integrity of
by SOL on its petition. The summary and the ballot mentioned above, the personal this ordinance and process
county clerk does not have the question, extensive legal liability of county officers in general, we cannot
authority to insert language research was conducted by involved in such a proposed recommend any present action
in the bill that was neither Corporation Counsel Lincoln activity is of significant that would constitute a patent
included on the petition Ashida and the clerk-council's concern. violation of our laws, when
nor provided by the SOL Legislative Research Branch In sum, the county clerk there is a valid legal process to
Petitioners' Committee. to determine if the omission has acted within the scope address the drafting mistake
In an attempt to remedy could be ignored on the ballot. and authority of both state that occurred.'
the problem caused by According to their findings, and county law in crafting an The role of the county clerk
SOL's omission, a second ignoring the omission would objective summary based upon during citizen-based activities,
bill was drafted by Clerk- leave the initiative vulnerable a plain reading of the initiative such zs initiative, referendum,
Council staff to reinstate to legal challenge. Mr. Ashida petition. The clerk has also recall or charter amendments,
the omitted language at my explained in his letter to acted pursuant to legal counsel is to be an advocate for the
request. Unfortunately, this Mayor Harry Kim: provided her by this office as process and its integrity.
bill was rejected at the July Assuming it passes at the well as independent analysis Constance Kiriu
Council meeting by the SOL polls, subsequent litigation provided by the Legislative County Clerk
Petitioners' Committee. may result in the (SOL Research Branch. Comm. No.1,3W~j Hawaii County
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