HomeMy WebLinkAboutCOM 0088.078 1998-2000 NPR-30-99 12:22 PM JERRY ROTH5TE I 329 5:4,=,4 P.t.D1
March 29, 1999
Hawaii County Council
Hilo Hawaii 96720 n.„•
Cr
Re; Notice alleging invalid notice and agendizing of ate ratificaticFpDafBAI 2520 diafts 1 e44on
the March 17, 1999 Council agenda, and their subsnnnsnt invalid passage on first rpclii1g, and
other alleged irregularities Cne7::
Dear members of the Hawaii County Counc.iil,
This letter is to provide you with notic the 11 250 Drafts 4 and 9 (Hawaii County
Zoning Code) were improperly public noticed ,70 ineoperly agendized on the March 17
Council agenda thereby depriving the public of pr - notification.
Rather than being properly agendized for Ordinances" on pages 4 and 5 of
the agenth, Bill 250 Drafts 4 & 9 are listed under Business" as a Communication titled
"Zoning Code-Findings of Fact, Conclusions of Tnae ,end Order,.." on pages 9-12. It appears on
the agenda as a communication with bills refereneen, :ether than bills up for passage with
communications attached. It is extremely inisleadinf: ns there was no clear indication that Bills
250 Drafts 4 & 9 were up for passage. Passing Bill Draft 4, amending it with Draft 9, and
passing Draft 9 on first reading without proper notice and agendizing is an invalid action as are
all subsequent actions based on it. In a Sunshine Law 'ensitive case as this, this is an unfortunate
oversight. To continue this process would be wfl lolation of the Sunshine Law.
To rectify this error I request that you prove' notice, agendize and redo the actions
taken on March 17 regarding Bill 250 Drafts 4 am nefl that you properly notice and ag,endize
all further proceedings in this matter. Just as Bill 2Jt '717),fis 4 & 9 should have been listed under
"Bills for an Ordinance" on first reading, Draft 9 be listed under "Order of the Day," for
second reading. Failure to do so may result in ;lute li.i3ation and delay.
Furthermore, it is questionable whether Cr. the nie intended Draft 8 as an option for the
start of a new bill rather than it being ratified Quenie fienrn the transcript are attached to the letter
I submitted to the Council on March 17. Howes : esTen't even attempting to ratify Draft 8
but rather Draft 9 which is different from DS, an6 ecn subject to ratification even if D8 was.
Section 25.2 of thc zoning cede E.;; "The Council shall refer any proposed
council-initiated amendment to this chapter to the ee;_or and the commission with requests for
their respective comments and recommendations 1 .. 771 prior to the first reading of any such
amendment." Draft 9 is such an amendmene renal' ' vierefore is a new bill which needs to be
renumbered as a new bill and sent to the PIRTITirlri, nission as would any other new bill.
Other problems with the ratification proceies, n engaged in by the Council have been
previously noted and brought to your attention.
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Let There Be Sunshine
Icailua-Kona, Hawaiiisland 96740 Comm. N 078
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