HomeMy WebLinkAboutREP GRC 008 11/01/2011 2010-2012OFFICE INFORMATION ONLY
Meeting: Council — December', 2011
Action: Postponed to call of Chair; never taken back up.
Re: Bill 134; Comm. 446 (2010-2102 term); GRC-8 (not adopted).
REPORT OF THE
COMMITTEE ON GOVERNMENTAL RELATIONS
DATE: November 1, 2011 Re: Comm. 446/Bill 134
PLACE: Council Chambers
Hilo, Hawaii
TIME: 12:05 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Governmental 'Relations, to which was referred Bill 134, reports as follows:
Bill 134, transmitted by Council Member Dominic Yagong via Communication No. 446, dated
October 25, 2011, is a bill for an ordinance initiating an amendment to the Hawaii County
Charter by adding a new article relating to mandatory drug testing for elected officials and
amending Article III, Section 3-5, Article V, Section 5-1.6 and Article IX, Section 9-6, Relating
to Removal of Elected Officials.
Mr. Yagong entered a motion to accept communication 446 with Ms. Ford second.
The motion carried with 9 ayes. Mr. Yagong reminded counsel'that as a bill to amend the charter
it would require a minimum of 6 positive votes.
Chairman Yagong requested this item to be tabled to end of day since we are well behind
schedule and many were waiting on other business. Motion to table by Mr. Yoshimoto with
second by Mr. Onishi, received 9 ayes.
This committee recessed at 12:0.7 p.m. and reconvened at 7:10 p.m.
Mr. Yagong stated he had received a privileged and confidential opinion from Corporation
Counsel He moved to waive privilege and openly discuss in the open reminding council that the
vote to waive must be unanimous. Mr. Hoffman seconded.
Mr. Yoshimoto expressed concern over open discussion that may hinder the council in any
challenge to'the opinion.
Mr. Hoffman asked if we waive, may we change our position if the conversation goes where we.
don't wish it to go? Corporation Counsel Kathy Garson replied that we couldn't do that but that
Council may wish to convene executive session to discuss the details with counsel.
Ms. Ford asked if we could agree to waive privilege as long as no issues of liability were
discussed. Ms. Garson replied we could not.
Mr. Yoshimoto felt "the lawyer in me" believes we should go into executive session and agree to
discuss in public. This gets us all on the same page. Once we waive privilege there is no going
back:
GRC Report No. 8
GRC-8 Page 2 November 15, 2011
Mr.. Onishi stated he would not vote to waive privilege.
Motion to waive privilege failed with 8 ayes and 1 nay.
Mr. Hoffman moved to convene executive session with Mr. Yagong second. Motion carried
with 9 ayes.
Ms. Smart asked if an executive session needed to be on agenda. Clerk Jamae Kawauchi replied
no since Bill 134 has been shown on agenda.
Mr. Yagong reminded council that without a unanimous vote to waive privilege, the details of
executive session could not be discussed in open council.
Motion entered and passed to "de -table" Bill 134 and open discussion.
Mr. Onishi moved to concur. with Corporation Counsel opinion,. with second by Mr. Yoshimoto.
Motion failed with 4 ayes and 5 nays.
Motion to approve Bill 134 passed with 6 ayes and 3 nays.
Mr. Hoffinan and Ms. Smart voted "kanalua twice".
Your Committee is in accord with the purpose and intent of Bill 134 and recommends its passage
on first reading.
sl
Respectfully submitted,
COMMITTEE ON GOVERNMENTAL
RELATIONS
e
i
BRITTANY SMART, VICE CHAIR
GRC REPORT NO. 8
ADOPTED:
AYES
NOES A&E EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X ..
Respectfully submitted,
COMMITTEE ON GOVERNMENTAL
RELATIONS
e
i
BRITTANY SMART, VICE CHAIR
GRC REPORT NO. 8
ADOPTED: