HomeMy WebLinkAboutCOM 0117.002 2008-2010J YOSHIMOTO
Council Member
District 3
MEMORANDUM
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HAWAII C(JU1V 1 I C(JVIVCIIr, C1Gnf'~~-`~~ l.~:t F{~f<~~~
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COUNTY OF HAWAII
TO: Members of the Hawaii County Council
FROM: J Yoshimoto, Council ChaicJ~~
DATE: February 6, 2009
SUBJECT: Request by Reed Flickinger to Release Confidential Information
Relating to "Fair Share Assessments"
The purpose of this memorandum is to inform the Council that Reed Flickinger, Editor of
West Hawaii Today, has made a formal request for the release of Corporation Counsel
Lincoln Ashida's recent opinion regazding the legality of "fair share assessments" for
developers, Attached is Mr. F'lickinger's written request for the release of information.
During executive session of the full Council on February 4, 2009, the Council was not
able to address Mr. Flickinger's request transmitted via Communication No. 117.1;
therefore, I humbly ask the Council for time during executive session on Thursday,
February 19, 2009, to discuss this matter.
JY/dwe
Attachment
Comm. No. II7• Z
Ref. To: _ ~~; /
Ref. Date ,Fl:$ 6 2009
J YOSHIMOTO
Council Member
Destrict 3
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Phone: (808)961-8272
FAX: (808)961-8912
Email: jyoshimoto(alco.hawaii.hi.us
HAWAII COUNTY COUNCIL
COUNTY OF HAWAII o
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MEMORANDUM v `
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TO: Members of the Hawaii County Council ~,
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FROM:
J Yoshimoto
Council Chair ~
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DATE: January 27, 2009
SUBJECT: Request by Reed Flickinger to Release Confidential Information
The purpose of this memorandum is to inform the Council that Reed Flickinger, Edi[or of
West Hawaii Today, has made a formal request for the release of Corporation Counsel
Lincoln Ashida's recent opinion regarding the legality of "fair share assessments" for
developers. Attached is Mr. Flickinger's written request for the release of information.
Communication No. 117, transmitted by Council Member Donald Ikeda, requesting
Executive Session to discuss the legality of the County's Fair Share Program has been
agendized for the February 4, 2009, Council meeting. I would like to request that
Mr. Flickinger's letter be discussed at that time.
JY/dwe
Attachment
Comm. No. t ~ ~'
Ref. To: Preceatad Wtw
Hawaii County is an Equal Opportunity Provider and Employer Ref. Date FE~_~
Mailing Address: (Fortner Counly Building) 25 Aupuni Street, Hilo, Hawaii 96720
Business Address: Oen Franklin Building, 2u0 Floor, 333 Kilauea Avenue, Hilo, HewaPi 9h720
January 27, 2009
Mr. J Yoshimoto
Chairman
Hawaii County Council
25 Aupuni St.
Hilo, HI
Mr. Yoshimoto,
This is a formal request for the Hawaii County Council to release to West Hawaii Today,
the public, an opinion recently provided to the council by Corporation Counsel Lincoln
Ashida regarding the legality of "fair share assessments" for developers, a
communication that Ashida confirmed is privileged information and cannot be made
public without council approval.
The full council referenced this information during session on Jan. 23 as an underlying
guide in determining a zoning decision, specifically noting the potential illegality of "fair
share assessments" in light of Judge Ronald Ibarra's 3`d Circuit Court ruling with
Hokulia. The questionable legal status of these assessments continues to be voiced by
Councilman Pete Hoffmann as a basis of his "no" vote on any application where such
assessments are imposed.
As such, it becomes clear that while of a legal nature, it appears there is nothing
proprietary about Corporation Counsel's opinion, since it, too, must be based upon public
record case law.
However, as long as the issue of"fair share assessments" remains unclear and the basis
upon which they are imposed is not rendered transparent for the public and developers,
the door is left ajar for zoning actions to be subject to litigation against the county; the
cost of which will be borne by the public - a public which is not being allowed access to
or full knowledge of the legal and procedural process under which the county is granting
said zonings and applying those "fair share assessments."
(808) 329-931 1 1-800-355-391 ~
Administration/Circulation fax (808) 329-2941
Newsroom fax (808) 329-4860 Newsroom email wht@aloha.net
Advertising fax (808) 329-3659 Advertising email ads@westhawaiitoday.com
P.O. Box 789, Kailua-Kona, Hawaii 96745-0789
"Fair" is a very subjective term, while an "assessment" is a finite and definite label for
taxation; between the two should be a rational nexus and sound enabling legislation.
This request is a step toward establishing a full public disclosure of that relationship.
Thank you for your consideration of this request.
Sincerely,
//~/~~~ `
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Reed Flickinger
Editor
West Hawaii Today
P.O. Box 789
Kailua-Kona, HI 96745
(808)930-8622
cc: Lincoln Ashida, corporation counsel
Billy Kenoi, mayor