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HomeMy WebLinkAboutCOM 1372.000 1972-1976 77 HERBERT T. MATAYOSHI A �� � \�I�q� CLIFFORD H. F. LUM MAYOR * CORPORATION COUNSEL COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET HILO, HAWAII 96720 June 17, 1975 Honorable Josephine R. Yadao Chairman, Public Works Committee County Council County of Hawaii Hilo , Hawaii 96720 Dear Mrs. Yadao : Re: County Housing Agency (Bill 137) You have asked our opinion on four questions which we answer in the order presented: (1 ) Would the County Council be serving in the capacity of Board or Commission? We answer in the negative. Article XIII, General Provisions, Sec. 13-1, Definitions, of the County Charter, states : "As used in this charter: " (a) ' Agency' means any office, department, board, commission or other governmental unit of the county. " By the definition as stated, a board or commission can be deemed to be an agency, but an agency does not necessarily have to be a board or commission. Agency can mean department, office or other governmental unit. It is, therefore, our opinion that the County Council would not be serving in the capacity of board or commission. Act 179, Session Laws of Hawaii 1974, states : Comm. 140... /3. 7 03 _�., File No. (7Y ,%IA M.. a NO. I3 Data: _....JOL.._._9 Honorable Josephine R. Yadao -2- June 17, 1975 " . . . any county shall have and may exercise the same powers, subject to applicable limitations, as those granted the Hawaii housing authority. . . . " The Council, as the policy-making body of the County, has the power to act as a housing authority or agency. As stated in their letter to the Mayor, the Federal Housing Administration is in agreement : "Creation of a public housing agency can be accomplished with a minimum of new personnel if the County Council will consent to serve as the governing body. Any department in your gayor'g organization with housing related functions can be designated to serve as the operating body. " The council, therefore, does not sit as a board or commission, but rather sits as the governing body of the County in its role as County Housing Agency. (2) If so , is there a violation to the Charter' s separation of powers? Pursuant to our answer in (1 ) above, we answer this question in the negative. Confusion may have arisen due to the language contained in the bill and we have submitted an amended bill which contains essentially the same language but in a clarified manner to show a distinct separation of the powers. (3) By having the County Council serve as members of the County Housing Agency, would this not be in conflict with the provisions of Sec. 13-4, Boards and Commissions, of the Hawaii County Charter? We answer question 3 in the negative. Section 13-4 reads in pertinent part : "All boards and commissions specifically established la this charter shall be governed by the following provisions :" Honorable Josephine R. Yadao -3- June 17, 1975 Since the County Housing Agency is not specifically established by the Charter, Section 13-4 is not applicable. (4) With regard to this question, it is not necessary to act as an interim agency. Very truly yours, 001~x'1 "*".."f FO" / . Corpor !on • - - - CHFL:mnk