HomeMy WebLinkAboutCOM 1067.006 2006-2008
„<v o. Phone: (808) 326-5421
BRENDA J. FORD `
Fax: (808)329-4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona
~.F OF MFG`
HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawai'i 96740
DATE: April 9, 2008
TO: Pete Hoffmann, Chair
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member
RE: Proposed amendment to Bill 262 (Relating to establishing an independent audit
function within the legislative branch through the Office of the Legislative
Auditor)
Below for your consideration is a proposed amendment to Bill 262, a bill for an ordinance to
initiate an amendment to article III, legislative branch, County Council, of the Hawaii County
Charter (2000), to reorganize the Office of the County Clerk and County Council by establishing
an independent audit function within the legislative branch through the Office of the Legislative
Auditor.
This proposed change would amend SECTION 3 of the bill by adding language that establishes
that the legislative auditor has subpoena powers. This language would be inserted into proposed
new section (f) in communication 1067.4 and would read as follows:
For purposes of carrying out any audit the legislative auditor shall have:
(1) Full, free, and unrestricted access to any county officer or
employee.
(2) Full free and unrestricted access to and authority to examine and
inspect any record of any county agency, executive agency, or
program except for any record protected from disclosure by law,
rule or privilege.
(3) Full, free, and unrestricted access to and authority to examine and
inspect any property, facility, or equipment of any county agency,
executive agency, or program pertinent to the audit or to a contract.
(4) Full, free, and unrestricted access to and authority to
administer oaths and subpoena witnesses and compel the
production of records pertinent thereto. If any person
subpoenaed as a witness or compelled to produce records shall
Comm. No. 10 `7,
Ref. To. Present- ed
Ref. Dote IA^~.R
April 9, 2008
Page 2
fail or refuse to respond thereto, the proper court, upon
request of the auditor, shall have the power to compel
obedience to any process of the auditor and to punish, as a
contempt of the court, any refusal to comply therewith without
good cause. The auditor may retain special counsel, in the
manner authorized by the council, to represent the auditor in
implementing these powers.
False swearing by any witness shall constitute perjury and
shall be referred by the auditor to the prosecuting attorney for
prosecution. In any audit which concerns the alleged gross
misconduct or alleged criminal conduct on the part of any
individual, such individual shall have the right to be
represented by counsel and the right to have the auditor
compel the attendance of witnesses on behalf of the individual.
BJF