Loading...
HomeMy WebLinkAboutREP GRC 009 12/07/2011 2010-2012 REPORT OF THE COMMITTEE ON GOVERNMENTAL RELATIONS DATE: December 7, 2011 Re: Comm. 482/Bill 152 PLACE: Council Chambers Hilo, Hawai`i TIME: 8:01 a.m. Council Chair and Members Hawaii County Council Hilo, Hawai`i 96720 Your Committee on Governmental Relations, to which was referred Bill 152, reports as follows: Bill 152, transmitted by Council Member Brenda J. Ford via Communication No. 482, dated November 14, 2011, recommends a Bill for an Ordinance Initiating an Amendment to Article III, Section 6-5.5, of the Hawai`i County Charter (2010 Edition), Relating to Special Counsel and Council Staff Attorneys. Ms. Ford entered a motion to approve Bill 152, seconded by Mr. Blas. Ms. Ford stated that this Charter amendment is a separation of powers issue and it would allow the County Council to hire a Staff Attorney and Special Counsel, without express limitation, when there is a conflict of interest with representation by the Corporation Counsel. Bill 152 would also reduce the number of votes needed to hire both Staff Attorney and Special Counsel from a 2/3`d majority (six votes) to a simple majority (five votes) of the Council. Special Counsel would be paid for by the County Council, should they decide it necessary, or by Corporation Counsel if there is a conflict of interest determined by Council or Corporation Counsel between the Legislative Branch and the Executive Branch. Chair Pilago brought to the attention of the Committee, Communication 482.1, submitted by Corporation Counsel, Lincoln Ashida, transmitting suggested amendments to Bill 152. Mr. Hoffmann stated he is in favor of Bill 152, and asked Mr. Ashida to comment on why Corporation Counsel recommends deleting the phrase, "without express limitations." Mr. Ashida explained it is a little ambiguous, and recommends more specific language with respect to State procurement laws; specifically, HRS 103D. Mr. Ashida also stated that as long as the Council's intentions are to follow the State procurement laws, as would be reflected in the legislative history of this bill, it would be okay to use this phrase. Mr. Yoshimoto inquired about the other counties' rules regarding the number of votes required to hire Special Counsel, and strongly stated his preference for a super majority, six votes, since the attorney hired would represent the entire Council. Ms. Ford noted that it is not her intention to eliminate Corporation Counsel, or to change the current functions and relationship. Mr. Ashida agrees that this is the direction that the other Counties are going, and we may need to follow suit, at this point in time. When there is a situation of conflict between the Council and the Administration, Council may need legal advice from someone they feel comfortable with. GRC Report No. 9 GRC-9 Page 2 Comm. 482/Bill 152 Mr. Yoshimoto questioned what would be the function of the Staff Attorney. Ms. Ford explained the Staff Attorney would be available to all council members for individual questions and to address the Council at meetings and in Executive Session. The Staff Attorney would be hired by the clerk and Special Counsel would be hired by vote of the Council. Mr. Yagong expressed his support for the Bill saying it is a good direction for the Council and added that as a Charter amendment it would go before the voters to decide. He reiterated that Corporation Counsel is still the attorney for the Council. This measure would apply only when there is a conflict of interest. Mr. Yagong supports a simple majority vote for the hiring of Special Counsel for outside opinion. Mr. Hoffmann asked for clarification of how Honolulu and Maui hire Special Counsel. He stated that he will be supporting Bill 152 for a Charter amendment. Mr. Ikeda noted that the Council Chair presently has authority to hire a Staff Attorney, and doesn't see a need to put it in the Charter. Ms. Ford agreed that we can currently hire a Staff Attorney, but the difference with the Charter amendment is that it specifies, "without express limitations." This will give the Staff Attorney the authority to disagree with Corporation Counsel. Mr. Yagong added that this language gives the Staff Attorney the authority to give advice without conferring with Corporation Counsel and added that in Honolulu, Council Staff Attorneys can represent the Council. Mr. Blas stated he supports Bill 152. Mr. Yoshimoto requested information on what Maui and Honolulu have in their Charter with regards to how many votes it would take to hire an attorney. He agrees with the track we are on and wanted to make sure that the entire council would be able to listen to the advice of the Special Counsel even if they didn't vote to hire. Chair Pilago asked Ms. Ford to provide more clarification regarding "without express limitation," and to bring additional exhibits from other counties' Charters to further explain the super majority versus the simple majority question to the Council. Your Committee on Governmental Relations is in accord with the purpose and intent of Bill 152 and recommends its passage on first reading. ke AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON GOVERNMENTAL HOFFMANN X RELATIONS IKEDA X ONISHI X ,�� PILAGO X I��� SMART X K. ' NGE PILAGO, CHAIR YAGONG X GRC REPORT N'i 9 YOSHIMOTO X ADOPTED: JAN 20 2012