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IiICKERTON ¦ LEE ¦ DANG SULLIVAN
A LIl/ll l.lr IIARI LI (Y tAN' PARE NI RS IIIP
October 12, 2007
Via Facsimile (,808-961-8912) and U.S. Mail
Mr. Pete Hoffmann,
Chair, Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Lobbying Status of James J. Bickerton, Esq. and Members of Ho`omalu Hawaii
Deaz Council Chair Hoffmann:
I submit this letter to provide more information about the lobbying status of myself and members
of Ho`omalu Hawaii as I promised at the last Council's meeting.
First, it is our understanding that under the Hawaii County Code ("ACC") an organization
cannot register as a "lobbyist." Rather, any of its members who meet the definition of the term
"lobbyist" in HCC Section 2-91.3(a)(6) should register as lobbyists. Ho`omalu Hawaii is an
unincorporated grassroots coalition that was founded by Mr. Jim Becker, a Honolulu resident
who has been instrumental in other grassroots community associations. Therefore, Ho`omalu
Hawaii, an unincorporated association of interested persons, has not registered as a lobbyist in
Hawaii County.
Second, we are not awaze whether any members of Ho`omalu Hawaii are registered as a lobbyist
in Hawaii county. If any members qualify as "lobbyists" under HCC Section 2-91-3(a)(6), we
assume that they will take whatever steps they need to in order to comply with the law.
Third, neither I nor any other attorney at my law firm is a registered lobbyist in Hawaii County.
After we were engaged to provide legal representation to Ho`omalu Hawaii relating to
"superstores" in Hawaii County, my law partner Barry Sullivan contacted the Hawaii County
Corporation Counsel to inquire whether lawyers appearing before Hawaii County governmental
bodies (such as the Planning Commission or the Council) on behalf of clients needed to register
as lobbyists. Mr. Sullivan was specifically advised that we need not do so as the applicable
ordinances do not apply to attomeys representing their clients- To the extent relevant, we share
in the belief of others that it would be unconstitutional to require attomeys to comply with such
registration or to disclose the information stated in the ordinance.
Comm. No. 3z • ~00
Ref. To:~ilyue~i t
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'1 iiFa Financial Cen ler, Furl Street lower • 745 Fart Street, Suite 801 • Hom9ulu, Ilawai'i 96813
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Council Chair Hoffmann
October 12, 2007
Page 2
I,astl y, l and other members of my firm have been representing unincorporated associations of
concerned Hawaii community members on various issues before governmental bodies
throughout Hawaii for more than 25 years. In doing so, our goal is to try to aid the voice of the
politically or economically less powerful so that their concerns may be heard and understood by
government officials and judges alike. We hope that our efforts on behalf of Ho'omalu Hawaii
are taken in the spirit of informed debate and considered decision making.
I hope this letter addresses the points raised at the last Council meeting. If it does not, I would
look forward to the opportunity to respond in greater detail.
Very trnly yours,
James J. Bickerton, Esq.
cc: Jim Becker, Ho`omalu Hawaii
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