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JNiV or N,~ i <br /> o.• - <br /> " 6i)g; <br /> <br /> Stephen K. Yamashiro ~ Richard Wurdeman <br /> Mayor ~ Corporation Counsel <br /> h~ef of.M'.p~J <br /> C~nixn#g of ~ttfuttii <br /> OFFICE OF THE CORPORATION COUNSEL <br /> I OI Aupuni Streee, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 <br /> 24 September 1998 <br /> TO: DOMINIC YAGONG, Councilmember <br /> Hawaii County Council <br /> FROM: RICHARD D. WURDEMAN <br /> Corporation Counsel <br /> SUBJECT: CHANGING RESOLUTION TITLES <br /> This is a reply to your oral request of September 21, 1998, on the question of whether or not the <br /> title to a resolution could be changed by amendment to a existing resolution proposal, or whether <br /> the whole process need be restarted. <br /> On May I, 1998, the Mayor forwazded to the Council, Resolution 267-98, which was entitled <br /> "Resolution Presenting a Plan of Disposition for the Former Hamakua Sugaz Co., Ltd., lands <br /> under County Ownership". The gist of that proposal was that County lands in Hamakua would <br /> be exchanged on an equal value basis for lands that would enhance and improve existing public <br /> facilities. Drag 3 of that resolution was placed on the floor last week. That Draft requested that <br /> a new plan be developed which would satisfy other needs, in addition to the enhancement of <br /> public facilities. That resolution was retitled "Resolution Requesting the Mayor to submit a <br /> Revised Plan of Disposition for the Former Hamakua Sugar Company Inc., Lands now under <br /> County Ownership". It is arguable that such a change was needed, but the retitled resolution was <br /> passed out of committee and sent to the full Council for final action. <br /> Section 3-10(b) of the Hawaii County Charter requires that ordinances shall embrace but one <br /> subject and that that subject be expressed in the title. Section 3-10(d) prohibits a Bill from being <br /> amended to change its original purpose. We have, in the past, advised the Council that these two <br /> provisions, when read together, prohibit the amendment of Ordinance titles. <br /> Resolutions, on the other hand, are much less formal actions, and do not have the force and effect <br /> of law; even if they are what the Council Rules describe as "Legislative Like". Hawaii County <br /> Council Rules of Procedure, Rule 26.1(b) (1997). (vo~lf <br /> 'r~.._._ r.~......~_-. <br /> , . ^ Pressntecf ~pwY?t~ <br /> IX;T ~ T 1998 <br /> t,r;z...,___._._.__ <br /> <br />