HomeMy WebLinkAboutRES 022 Draft 01 2014-2016OFFICE INFORMATION ONLY
Meeting: Council — December 17, 2014
Action: Withdrawn by introducer (Wille)
Re: Res 22-14; Comm. 21 (2014-2016 term)
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 22 14
A RESOLUTION ADVISING THE CORPORATION COUNSEL TO APPEAL UNITED
STATES MAGISTRATE JUDGE BARRY KURREN'S RULING ON ORDINANCE NO.
13-121.
WHEREAS, the Hawaii County Charter, per Section 6-5.1, provides that the
Corporation Counsel is the County's "chief legal advisor and legal representative"; and
WHEREAS, the Hawaii County Charter, per Section 3-1, provides that the County
Council is charged with "public policy formulation, as distinct and separate from the executive
administration of county government"; and
WHEREAS, the Corporation Counsel is responsible to the County Council where
settlement or litigation becomes an issue, such that the Council is the ultimate decision-making
branch of the County when a question concerning an appeal or a settlement versus litigation
arises; and
WHEREAS, Ordinance No. 13-121 established provisions regulating the open air
cultivation, propagation, development, or testing of genetically engineered crops or plants; and
WHEREAS, the County's position has been that Ordinance No. 13-121 is not preempted
by State or Federal law; and
WHEREAS, when asked to opine on whether Ordinance No. 13-121 was preempted by
State or Federal law, State Attorney General David Louie took the position that Ordinance No.
13-121 is not preempted by State or Federal Law; and
WHEREAS, recent attempts to enact State legislation to prohibit County regulation of
matters relating to health and agriculture - which would include matters relating to cultivation of
genetically engineered crops, have failed; and
WHEREAS, in Hawaii Floriculture and Nursery Association, Et Al vs. County of
Hawaii, CIV. No. 14-00267 BMK, Magistrate Barry Kurren's found that state law fully
preempts County regulation of genetically engineered crops and plants and therefore Ordinance
No. 13-121 is illegal
WHEREAS, the decision in this case largely relies on the reasoning in Syngenta Seeds,
Inc v. County of Kauai, Civil No. 14-00014 (D. Haw. Aug. 25, 2014), and that case is now under
appeal by the County of Kauai; and
WHEREAS, the Council believes the County should appeal Magistrate Judge Barry
Kurren's ruling on Ordinance No. 13-121; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
County appeal United States Magistrate Judge Barry Kurren's ruling on Ordinance No. 13-121.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable William P. Kenoi, Mayor, County of Hawaii; and the Office of the
Corporation Counsel.
Dated at , Hawai`i, this day of , 20
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
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 MBER, COUNTY O`F HAWAI`I
ROLL CALL VOTE
AYES NOES ABS EX
CHUNG
DAVID
EOFF
ILAGAN
KANUHA
ONISHI
PALEKA
POINDEXTER
WILLE
Reference:
C-21/Waived AWESC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 22 14
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