HomeMy WebLinkAboutCOM 0627.003 2010-2012 M11%Di N,'Y.'.
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BRENDA J. FORD - c '.''';•,�/. •
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Council Member •-- -0.11•0£ Fax: (808) 329- 4786
District 7 - Central Kona �''��
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HAWAII COUNTY COUNCIL Ala(-,
County of Hawaii
West Hawaii Civic Center
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawaii 96740 --
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DATE: May 3, 2012
TO: Dominic Yagong, Chairperson,
and Members of the Hawai`i County Council
FROM: el renda J. Ford, Council Member
SUBJECT: Transmitting Bill No. 211, Draft 2; An Ordinance to Initiate an Amendment to
the Hawai`i County Charter (2010) By Repealing Article VI, Chapter 5, and
Adding a New Article to Provide that the Corporation Counsel Shall Be an
Elected Official of the County
Attached please find Bill No. 211, Draft 2, which incorporates amendments duly approved by the
Council during the May 2, 2012, Council meeting.
The approved amendments are as follows:
1. All amendments contained in Communication No. 627.1, including a verbal amendment
to add the word "civil" as follows (bolded):
"Section_-2. Qualifications.
The corporation counsel shall be an attorney licensed to practice and in good
standing before the Supreme Court of the State of Hawai`i [-] and who shall have
engaged in the practice of civil law for at least six years. The corporation counsel shall
be a citizen of the United States of America and shall have been a duly qualified elector
of the county for at least one year immediately preceding the election."
2. The following amendments contained in Communication No. 627.2 (the Council divided
the question and approved the following amendments):
A. "Section_-3. Powers, Duties and Functions.
The corporation counsel shall be the chief legal advisor and legal
representative of all county agencies, the council and all officers and employees
in matters related to their official powers and duties, unless otherwise provided by
(� Comm. No. Go al-3
C 601 Z I , prei 4 2.) Serving the Interests of the People of Our Island Ref. To: W
Ref. Date MAY Q 2 2012
Hawai`i County Is An Equal Opportunity Provider And Employer
May 3, 2012
Page 2
law. The corporation counsel shall represent the county in all civil legal
proceedings and shall perform all other services incident to the office as may be
required by law. The corporation counsel shall, however, be prohibited from
representing any elected officer in impeachment proceedings."
B. "Section_-4. Assistant Corporation Counsel; Deputies; Staff.
[ The corporation counsel may appoint an assistant corporation counsel,
deputies and other necessary staff. The assistant corporation counsel and any
deputies to the corporation counsel shall be attorneys licensed to practice and in
good standing before the Supreme Court of the State of Hawai`i. The assistant
corporation counsel shall, during the temporary absence or disability of the
corporation counsel, assume the power and perform the duties of the corporation
counsel. ]
(a) The corporation counsel may appoint an assistant corporation counsel,
deputies and other necessary staff
(b) The assistant corporation counsel shall be an attorney licensed to practice,
in good standing before the Supreme Court of the State of Hawai`i, and
have a minimum of six years practice in civil law. The assistant
corporation counsel shall, during the temporary absence or disability of
the corporation counsel, assume the power and perform the duties of the
corporation counsel.
cc) Any deputies to the corporation counsel shall be attorneys licensed to
practice and in good standing before the Supreme Court of the State of
Hawai`i."
Please place Bill No. 211, Draft 2, on the May 15, 2012, Council agenda for first reading.
BJF/dkr
att.