HomeMy WebLinkAboutCOM 1142.008 2014-2016The Honorable Dru Mamo Kanuha, Council Chair
and Members of the Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Aloha Council Members,
The process laid out in Bill 254 is contrary to the Charter. Moreover, requiring council
approval for the appointment or removal of deputies corporation counsel, politicizes a
process which should not be political.
Therefore. I am vetoing Bill 254.
Aloh
William P. Kenoi
MAYOR
County of HawaiS is an Fqual Opportunity Previder and Etaployta
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December 5. 2016
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The Honorable Dru Mamo Kanuha, Council Chair
and Members of the Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Aloha Council Members,
The process laid out in Bill 254 is contrary to the Charter. Moreover, requiring council
approval for the appointment or removal of deputies corporation counsel, politicizes a
process which should not be political.
Therefore. I am vetoing Bill 254.
Aloh
William P. Kenoi
MAYOR
County of HawaiS is an Fqual Opportunity Previder and Etaployta
C
RTo' t.
RW.
Ref. Dahl 12.12 .a MCI �
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William P. Kenai ' a, Molly A. Stebbins
Mayor \uiu. Corporation Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Ai,iru S., Sail, 3'_5 . Hilo. tW+, 96]30. (X1181961-8151 . rue 15081961-86"
December I, 2016
TO: Mayor William P. Kcnoi
BILL NO.: 254
REVIEWED BY: Molly A. Stebbins, Corporation Counsel gyi
RECOMMEND: [ ] Approval [X] Disapproval [ ] No Recommendation
COMMENTS: Bill 254 amends the County Code by adding a new section relating to the
appointment and removal of personnel in the Office of the Corporation Counsel. Specifically, it
would require that the appointment and removal of any deputy corporation counsel be subject to
the approval of the mayor and the council. It further provides that deputies shall remain in office
until they resign, retire, or are discharged with the required mayor and council approval. This bill
presents several concerts.
While the Charter is silent on the process tier appointing deputies corporation counsel, it does
address the appointment power of department heads generally and recognizes this as an
executive power vested in and exercised by the executive branch. Section 4-5 states: "Subject to
the provisions of this charter, the administrative heads of each agency or executive agency of the
county sholl have the porter to ... (b) appoint necessary staff for which appropriations have been
made by the council." (Italics added.) It is reasonable to interpret "staff' to include the deputies
in the Office of the Corporation Counsel. Bill 254 significantly dilutes the appointment power of
the Corporation Counsel and, as such, appears contrary to Section 4-5(b) of the Charter.
In addition, Bill 254 provides that deputies shall remain in office until they resign, retire, or are
discharged with the required approvals. This is in conflict with Section 6-5.6 of the Charter,
which states that the term of office for deputies shall be co -terminous with that of the mayor.
Lastly, I believe it that for the effective management of the office, the department head must
have the discretion to snake appropriate personnel decisions. Requiring council approval for the
appointment or removal of deputies potentially politicizes what should not be political and places
into the public realm matters which should be kept internal and which may involve significant
privacy interests.
For the foregoing reasons, I recommend that you do not approve this bill. Please contact me
should you have any questions or concerns.
Hawaii County is an Equal Opportunity provider and Employer