HomeMy WebLinkAboutREP GREDC 001 02/19/2013 (2012-2014) OFFICE INFORMATION ONLY
Meeting: 7th Session - Hawaii County Council March 13, 2013
Action: Resolution 53-13 withdrawn by Introducer Margaret Wille, therefore,
Governmental Relations and Economic Development Committee Report 1 is
not adopted.
Re: Resolution 53-13/Comm. 119
REPORT OF THE
COMMITTEE ON GOVERNMENTAL RELATIONS
AND ECONOMIC DEVELOPMENT
DATE: February 19, 2013 Re: Comm. No. 119/Res. No. 53-13
PLACE: Council Chambers
Kailua-Kona, Hawai`i
TIME: 1:00 p.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Governmental Relations and Economic Development, to which was referred
Resolution No. 53-13, reports as follows:
Resolution No. 53-13, transmitted by Council Member Margaret Wille via Communication
No. 119, dated January 30, 2013, urges 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. The resolution requests that the Mayor take "appropriate
steps"to ensure that a Deputy Corporation Counsel is assigned to represent the Legislative
Branch, that this attorney "will not be under the substantive supervision of the Corporation
Counsel" but rather "independently accountable to the County Council."
Council Member Wille stressed that this resolution was not aimed at any particular individual,
but she was concerned that when the Council and the Administration disagree on legal matters,
the Corporation Counsel sides with the Administration. She is also concerned that the
Corporation Counsel is a member of the Mayor's Cabinet, which she described as a"political
entity."
Council Member Zendo Kern described the likelihood of public "legal battles" between attorneys
in the Office of the Corporation Counsel and the subsequent slowing-down of the legislative
process. He also said the Corporation Counsel is subject to confirmation by the County Council.
Council Member Brenda Ford spoke in support of the resolution. She said that"by having this
mixed position, we are basically denying the basic separation of powers of government to
ourselves."
Council Member Poindexter reminded the Council not to forget about the "important issues in
the grassroots community" by focusing on internal conflicts between the legislative and
executive branches of the County government. She expressed support for the Corporation
Counsel and said"we're moving in the wrong direction" by approving the resolution.
Committee Vice Chair Ilagan said that the resolution would create "an environment where we're
going against each other—not working together."
GREDC Report No. 1
GREDC-1 Page 1 February 19, 2013
Council Member Kanuha said he preferred being represented by the Corporation Counsel, and he
disagreed with the "Be It Resolved" clause urging that the deputy corporation counsel"not be
under the supervision of the corporation counsel."
Committee Chair Onishi said Council Members will have disagreements with the
recommendations of the Corporation Counsel, but it is important to retain trust in the office. He
also said that in the event of a conflict, the Council may hire special counsel with six votes.
Council Member Yoshimoto was absent and excused from the vote, but he said that"If one
attorney says it's one way and another the other way, we're stuck" and "I don't think the
resolution as written is legally possible."
Corporation Counsel Lincoln Ashida said Resolution No. 51-13 "creates a lack of
accountability."
Your Committee on Governmental Relations and Economic Development is not in accord with
the purpose and intent of Resolution No. 53-13, and forwards it to the Council with a negative
recommendation.
pls
AYES NOES A&E EX Respectfully submitted,
EOFF X
FORD X COMMITTEE ON GOVERNMENTAL
ILAGAN X RELATIONS AND ECONOMIC DEVELOPMENT
KANUHA X
KERN X
ONISHI X •
POINDEXTER X DENNIS "FRESH" ONISHI, CHAIR
WILLE X GREDC REPORT NO.: 1
YOSHIMOTO X ADOPTED: