HomeMy WebLinkAboutREP PWIRC 061 03/11/2008 2006-2008 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: March 11, 2008 Re: Comm. No. 1059Bi11258
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii
TIME: 9:30 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication No. 1059, regazding Bi11258, reports as follows:
Bi11258, transmitted by Council Chair Pete Hoffmann via Communication No. 1059, dated
February 27, 2008, amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005
Edition, as amended), Relating to Campaign Mailing Restrictions.
There was no testimony from the public on this proposed amendment.
Council Chair Pete Hoffmann stated that this is the second of two proposed amendments to the
fines and penalties ordinances. This amendment is a result of a controversy related to mass
mailings from the prior election. Although all Council members have the authority to use public
funds to provide updates of County Council activities for their constituents or the public; this
proposed amendment clearly defines campaign mailing restrictions as related to mass mailings.
Furthermore, Council Chair Hoffman seeks the support of his colleagues on this proposed
amendment.
Your committee members commented and discussed the proposed amendment. Concerns were
brought up by your committee members on the advertisement of public meetings, email
notifications of County Council or Committee meetings and public notices with no commentaries
from respective Council members' offices; and they were assured that they are not in violation of
the law. Corporation Counsel Ashida clazified that the language in this proposed amendment
applies to campaign mailing restrictions versus an informational benefit to the community.
Council member Stacy Higa questioned as to who will enforce the violation in the proposed
amendment. Corporation Counsel Ashida confirmed that proposed "Section 2 - (b)..., as the
ethics commission..." will evaluate and determine if the violation occurred. Corporation
Counsel Ashida noted that a correction to change "ethics commission" to "Board of Ethics" was
needed. Council Chair Hoffmann made a friendly amendment to change the word "ethics
commission" to "Board of Ethics" in Section 2 - (b) as recommended by Corporation Counsel.
This friendly amendment was duly seconded and unanimously approved.
PWIRC RPT NO. 61
Page 2 Comm. 1059/Bill 258
Furthermore, your committee members suggested specific, more defined language, but
Corporation Counsel Ashida explained that the proposed amendment is clearly defined and
consistent with current law.
Council Vice Chair Angel Pilago thanked Corporation Counsel for their advice and commented
if in doubt they should refer their concern to the Office of Information Practices (OIP) and
Counsel for an opinion.
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose
and intent of Bi11258, as amended to Draft 2, and recommends it pass first reading.
dkr
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGA X COMMITTEE ON PUBLIC WORKS AND
HOFFMANN X INTERGOVERNMENTAL RELATIONS
IKEDA X
JACOBSON X
NAEOLE X BRENDA J. FORD, AIR
PILAGO X
YAGONG X PWIRCREPORTNO. 61
YOSHIMOTO X ADOPTED: MAR Z 5 2003