HomeMy WebLinkAbout2001-04-05_Delegation_of_Mayor's_Authority_to_Sign_Documents I_ FILE COPY
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Harry Kim ij" �CC �Lnco S.T.Ashida
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Gerald Takase
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 •Hilo,Hawaii 96720-4262•(808)961-8251 •FAX(808)961-8622
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IC: Mayor Harry Kim
FUCM: Gerald Takase, Assistant Corporation Counse
DATE: April 5, 2001
suUJECT: Delegation of Authority
You have asked whether the Mayor can delegate his authority to sign documents on behalf of the
County of Hawaii to the Managing Director. Our short answer is that the Mayor does have the
power to delegate that authority.
We look to the Charter to provide the relevant guiding authority. Section 5-1.3, Hawaii County
Charter, Powers, Duties and Functions (of the Mayor), states (in part):
"The mayor shall have the power to:
(g) Sign instruments requiring execution by the county, except as otherwise
provided by this charter or by ordinance."
Therefore, the primary responsibility for the execution of County instruments rests with the
Mayor.
Section 5-1.5, Hawaii County Charter, Temporga Absence or Disability (of the Mayor), states
(in part):
"During the temporary absence or disability of the mayor, the managing director
shall act as mayor."
Thus, if the Mayor is disabled, the Managing Director shall act as Mayor.
Memo to Mayor Harry Kim
Page-2-
April 5, 2001
With respect to the instant case, it is our understanding that if the Mayor is not disabled, but
would like to be relieved of some of the routine signing responsibilities and transfer those duties
to the Managing Director, this duty can be delegated pursuant to Section 6-1.3, Hawaii County
Charter, Powers, Duties and Functions (of the Managing Director), which states (in part):
"The managing director shall:
(h) Perform all other duties as required by this charter or assigned by the mayor."
(Emphasis added.)
It is our opinion that the Mayor can assign his duty to sign instruments requiring execution by
the County,by the exception as otherwise provided by the Charter contained in Section 5-1.3(g).
In terms of style,we would recommend that the Managing Director sign her name"for"the
Mayor, to denote that she was assigned to execute these documents, rather than as "Acting
Mayor,"which would seem to denote periods when the Mayor was not present due to absence or
disability.
Thus, a letter assigning the Managing Director with the authority to execute instruments on
behalf of the County of Hawaii, even when the Mayor is not absent or disabled, should satisfy
the Charter provisions with regard to signing County instruments.
GT:de
a:\misc\mdsignformayor.wpd
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. -1 Larry S. Taninoto
Mayor
Richard I. Miyamoto
Corporation Counsel
•°"` "''� Steven Christensen
Office of the Corporation Counsel Assistant Corporation Counsel
Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720 • (808) 961-8251
oi'w�+ FAX (808) 969-7049
FILE COP
July 17, 1990 DIV CHIEF,_
ACC --/-'—��
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MEMO TO: Managing Director
FROM Frederick Giannini, Deputy Corporation Counsel
SUBJECT: "Acting Mayor" Terminology
This is in response to your memorandum of June 25, 1990, in
which you asked about the use of the term "Acting Mayor. " You
have stated that the Mayor ' s Office of the County of Hawaii
has used this title for the Managing Director serving as Mayor
during the Mayor ' s temporary absence or disability, pursuant
to §5-1. 6 of the county charter.
The Hawaii County Charter does not use the term "Acting
Mayor . " Section 5-1. 6 states, however :
During the temporary absence or disability of the
mayor, the managing director shall act as mayor .
[Emphasis supplied. ]
"Acting Mayor" connotes someone doing the duty of another
position while that position is vacant . Capibianco v. Civil
Service Commission, 60 N.J. Super . 307, 158 A.2d 834 (1960) ;
Pellechia v. Mattia, 121 N.J.L. 21, 1 A. 2d 28 (1938) . The term
"Acting Mayor" is often used to denote one who fills the
position which is vacant due to death or resignation, pending
the election or selection of a sucessor . Mayer v. D'Ortona,
408 Pa . 518, 184 A. 2d 582 (1962) ; Culbertsen v. Moore, 196
S.W. 2d 308, 302 Ky. 768 (1946) .
Because the term "Acting Mayor" is used for situations when the
office is vacant, and not to situations where the Mayor is
temporarily absent or disabled, to avoid confusion, this office
recommends that regardless of where the Mayor is during his
temporary absence or disability, (1) the Managing Director
should sign her name "for" the Mayor on documents that requires
Memo to Managing Director
Page 2
July 17, 1990
execution or approval by the Mayor; and (2) for such documents
that are initiated by the Managing Director in her temporary
role as the Mayor, the Managing Director should sign her name
over the words "Acting as Mayor. "
Please contact this office if there are any questions .
FG: jk/de
APPROVED:
RICHARD I . MIYAMOTO
Corporation Counsel