HomeMy WebLinkAboutCOM 0760.001 1996-1998
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Stephen IC Yantashiro
Mayor
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BOARD OF APPEALS
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252C` ,l,
(8M)%1-8288 • Fax (808) %1-9615
March 30, 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council, County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Members:
At their meeting on March 13, 1998, the members of the Board of Appeals voted to
express their concerns to the County Council regarding Bill No. 211; the proposed Charter
amendments relating to the Planning Director, Planning Commission and Board of Appeals.
The Bill proposes to move the Board of Appeals from the Planning Department to the
Office of the Corporation Counsel for administrative purposes, to "clearly separate the functions
of the decision-making body and the appellate body." The Board has not been informed of the
specific reasons behind the need for such increased "separation," and submits the following for
your consideration.
The Planning Department staff who provide administrative support for the Board perform
purely clerical and administrative services and do not provide substantive input for the Board's
use. They primarily handle the Board's correspondence, scheduling, and recordkeeping.
Therefore, we do not see significant potential for conflicts of interest or confusion which might
require that these functions be more "clearly separated" from other Planning Department
functions.
On the other hand, the Board has come to deeply appreciate and depend on the efficiency
created by having support staff who are based in the Planning Department. Having staff with
direct and immediate access to the necessary Planning Department and Planning Commission
files enables swift and accurate compilation of documents for review. If these functions were
removed to the Office of the Corporation Counsel, this accuracy and efficiency would disappear,
and an additional layer of bureaucratic interface may be created. The Board has come to rely
upon the professional competence and efficiency of Rodney Nakano, Sharon Nomura, and other
Planning Department staff.
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Honorable James Y. Arakaki, Chairman
and Members of the County Council, County of Hawaii
Page 2
March 30, 1998
Moreover, the transfer of support functions to the Office of the Corporation Counsel
would probably produce a far greater potential for conflict of interest and confusion of roles than
the status quo. The Corporation Counsel's office currently provides legal counsel to both the
Board and to County agencies which appear before the Board, such as the Planning Commission
and the Department of Public Works. Presumably, any other County agency which appears
before the Board would also be represented by a Deputy Corporation Counsel. Thus, there is
already a potential for claims of conflict of interest within the Corporation Counsel's Office.
This potential would only be exacerbated by the transfer of the administrative functions
of the Board to the Corporation Counsel's office. Then, not only would the Office be providing
legal counsel to multiple parties and the Board, but would also be handling the filings,
correspondence recordkeeping and scheduling of the Board as well. The potential for
administrative confusion and misrouting of documents and communications is obvious. This
would increase the possibility that counsel for parties would be accidentally given privileged
communications between the Board and its Counsel and should a document be "lost" or
mishandled to the prejudice of any party, the Corporation Counsel's office might be suspected of
preferential treatment.
In addition, this concentration of functions could undermine public confidence in the
integrity and independence of the Board. If the Corporation Counsel's office provides counsel
to the Board, to County agencies and also controls administration of the Board, the public may
perceive an appearance that the Board is an appendage of the Office of the Corporation Counsel,
and that the latter controls the Board. Untrue as this would be, the Board strongly objects to any
changes that might create such perceptions.
The Planning Department understandably may want to relieve its excellent staff of the
Board duties. However, we understand that the Corporation Counsel staff is also overburdened,
and that additional staff is being considered to handle the Board duties. We respectfully suggest
that the more direct and efficient solution would be to add an additional position to the Planning
Department instead. This would preserve the excellent administrative support the Board
presently enjoys, and give Planning the augmentation it needs.
Based on the foregoing, the Board opposes moving from the Planning Department to the
Office of the Corporation Counsel for administrative purposes.
The Board is also concerned about the Bill's proposed removal of the phrase stating that
"expertise in construction or planning" is not a prerequisite for membership. The Board is
concerned that there not be undue restrictions preventing otherwise qualified and experienced
Honorable James Y. Arakaki, Chairman
and Members of the County Council, County of Hawaii
Page 3
March 30, 1998
persons from serving we believe that the Board has benefitted from the wide range of expertise in
business, real estate, and other fields that both current and past members have brought to its
meetings. In cases when technical information on planning or construction has been necessary,
the parties and agencies have proven able to explain the necessary specialized information for the
Board's consideration. The Board therefore respectfully suggests that the subject phrase not be
deleted, to ensure that otherwise qualified persons may serve. We trust that the Council will
exercise its power to reject persons who would not be suitable.
Additionally, to the extent that the Council may feel that greater emphasis on planning
and construction may be necessary, the Board respectfully suggests that the scope of the desired
expertise be more clearly and carefully defined.
This summarizes the Board's concerns on Bill No. 211 in its present form. If there are
other matters which the Board may address for the Council's edification, please feel free to
contact us through Mr. Rodney Nakano at the Planning Department.
Sincerely,
Deanna Hammersley, Chairperson
Board of Appeals
xc: West Hawaii Office