HomeMy WebLinkAboutRES 094 Draft 01 2012-2014 JM'v.os M1� .,
COUNTY OF HAWAII •_��' /:••: STATE OF HAWAII
RESOLUTION NO. 94 13
A RESOLUTION AUTHORIZING THE APPROPRIATION AND USE OF A PRIOR
YEAR'S FUNDS RESULTING FROM THE CANCELLATION OF PURCHASE
ORDERS.
WHEREAS, on February 10, 2012 (fiscal year 2011-12), the County Clerk (2010-12
Council term) authorized the encumbrance of$2,499 in account number 010.101.5102.341 for
general legal advice, payable to Michael J. Matsukawa via Purchase Order No. R.017448; and
WHEREAS, on February 10, 2012 (fiscal year 2011-12), the County Clerk (2010-12
Council term) authorized the encumbrance of$25,000 in account number 010.101.5101.02.115
for attorney services for legal advice requested by the Council Chair (2010-12 Council term),
payable to Torkildson, Katz, Moore, Hetherington & Harris, Law Corporation via Purchase
Order No. R.017449; and
WHEREAS, on February 16, 2012 (fiscal year 2011-12), the County Clerk (2010-12
Council term) authorized the encumbrance of$15,000 in account number 010.101.5101.02.341
for legal review and opinion services requested by the Council Chair(2010-12 Council term),
payable to O'Connor, Playdon and Guben, LLP via Purchase Order No. R.017477; and
WHEREAS, on February 28, 2012, the Director of Finance rejected the above purchase
orders due to the lack of required authorization by the Council; and
WHEREAS, Section 6-5.5 of the Hawai`i County Charter requires a two-thirds vote of
the entire membership of the Council to authorize the hiring of special counsel, and no such
authorization was obtained by the former Council; and
WHEREAS, on November 21, 2012 (60th session), the Council (2010-12 Council term)
failed to approve Resolution No. 323-12, which required the immediate payment for legal
services rendered for Purchase Order Nos. R.01744, R.017449, and R.017477; and
WHEREAS, the Council finds that the encumbrances that have been in effect since
February of 2012 are invalid; and
WHEREAS, the Clerk has cancelled the purchase orders resulting in unencumbered
funds totaling $42,499; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
following amount(s)that appear in the unencumbered balance of the account(s) below be and is
hereby appropriated for use in the current fiscal year as set forth below:
General Fund Account Number: Amount:
Clerk-Council Svc Oce, Misc. Contract Svc 010.101.5101.02.115 $25,000
Clerk-Council Svc Oce, Misc. Charges 010.101.5101.02.341 $17,499
Total $42,499
BE IT FINALLY RESOLVED that the County Clerk be and is hereby directed and
instructed to forward a copy of this resolution to the Director of Finance and that the Director of
Finance be and is hereby authorized to allow the expenditure of these funds in accordance with
the terms of this resolution.
Dated at Hilo , Hawai`i, this 9th day of April , 2013.
INTRODUCED BY:
.411,11.
•
COUNC 'MBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai'i on April 9, 201'3
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLS X
8414 YOSHIMOTO X
�� 7 2 0 0
Reference: C-216/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 94 13
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