HomeMy WebLinkAboutRES 053 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: 7th Session - Hawaii County Council March 13, 2013
Action: Resolution 53-13 withdrawn by Introducer Margaret Wille, therefore,
Cove rum ental Relations and Economic Development Committee Report 1 is
not adopted.
Re; Resolution 53-13/Comm. 119
COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
53 13
A RESOLUTION URGING THE MAYOR TO ADDRESS THE CONFLICT OF
INTEREST IN THE OFFICE OF THE CORPORATION COUNSEL WHEN THE SAME
ATTORNEY REPRESENTS DIVERGENT INTERESTS OF THE EXECUTIVE AND
LEGISLATIVE BRANCHES.
WHEREAS, pursuant to Section 6-5.3 of the Hawaii County Charter, the Corporation
Counsel is the chief legal advisor and legal representative for both the Executive Branch (Office
of the Mayor) and the Legislative Branch (County Council); and
WHEREAS, the current Corporation Counsel is also a key member of the Mayor's
political cabinet; and
WHEREAS, the role and responsibilities of the Executive and Legislative Branches
counterbalance each other, such that the two branches naturally have adverse interests; and
WHEREAS, the differing interests of these two branches of government contributes
positively to the health of our democracy by providing for a structural separation of powers; and
WHEREAS, when the interests of the Executive Branch and the interests of the
Legislative Branch are at odds, as a member of the Mayor's political cabinet, the Corporation
Counsel understandably demonstrates a closer alliance to the interests of the Executive Branch;
and
WHEREAS, the current Corporation Counsel stated that he has or will appoint a person
in his office, separate from himself, to work independently with the County Council; and
WHEREAS, the current Corporation Counsel and the current Assistant Corporation
Counsel both continue to concurrently represent the Mayor and the County Council; and
WHEREAS, the Council Members and members of the public are concerned about this
inherent conflict in roles or, at a minimum, the appearance of a conflict of interest and the
resulting lack of trust in the independence of the Office of the Corporation Counsel; and
WHEREAS, pursuant to Section 5-1.3 of the Hawaii County Charter, the Mayor shall
have the power through the Managing Director to supervise and coordinate all executive
agencies of the County; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges the Mayor to take appropriate steps to ensure that a Deputy Corporation Counsel is
assigned to represent the Legislative Branch and that this attorney will not be under the
substantive supervision of the Corporation Counsel but rather be independently accountable to
the County Council.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Mayor William P. Kenoi, the Managing Director, and the Office of
the Corporation Counsel.
Dated at , Hawai`i, this day of 12013.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawai i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
INTRODUCED BY:
COUNCIL eMBER, COUNTY OF HAWAII
ROLL CALL VOTE
AYES NOES ABS EX
EOFF
FORD
ILAGAN
KANUHA
KERN
ONISHI
POINDEXTER
WILLE
YOSHIMOTO
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
2
C-119/GREDC
53 13