HomeMy WebLinkAbout2007-01 re New Procedures for Use and Reproduction of the County Seal oo+tr;•`"•w� Lincoln S.T.Ashida
Harry Kim ����%4: Corporation Counsel
Mayor Gerald Takase
Assistant Corporation
,tE OFM'� Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622
February 28, 2007
Sent via email; no hard copy will follow
Corporation Counsel Numbered Memorandum 2007-01
Memorandum
TO: OFFICE OF THE MAYOR
HAWAI'I COUNTY COUNCIL
OFFICE OF THE CLERK
ALL COUNTY DEPARTMENTS AND AGENCIES
ALL COUNTY BOARDS AND COMMISSIONS
FROM: LINCOLN S. T. ASHIDA
Corporation Counsel I<
RE: New Procedures for Use and Reproduction of the County Seal
Article 28, Section 2-155, Hawaii County Code 1983 (2005 ed.)
(hereinafter "Code") governs the use and reproduction of the seal of the County
of Hawaii. That section provides in pertinent part as follows:
Section 2-155. Unauthorized use of seal and penalties.
(b) Whoever, except when authorized in writing by the County council for official
use of the County, knowingly manufactures, reproduces, sells, or purchases for
resale, either separately or appended to any article manufactured or sold, any
facsimile of the seal of the County, or any substantial part thereof, shall be guilty
of a misdemeanor.
The word"sell" shall be broadly construed to include transactions involving cash
donations to the seller and/or the seller's agent or representative.
County departments/agencies often design and print clothing and other
items that bear the County seal. These items are often purchased by County
employees, and are sometimes given as gifts or sold to members of the public.
Hawaii County is an Equal Opportunity Employer and Provider
In discussion with the County Clerk, a legitimate concern was raised
regarding the above-cited section of our Code. In sum, we wish to encourage
our County departments/agencies to continue to proudly display our County seal,
but protect them from any public criticism or other repercussion concerning
compliance with existing law.
The above cited Code provision requires proper authorization from the
Hawai'i County Council "in writing" prior to anyone reproducing the County seal.
Although this section arguably may not apply to County officers and employees,
the Code section appears to favor broad construction of its terms and
requirements.
The following suggested procedure adequately deals with this issue, and
ensures compliance with Section 2-155 of the Code. We ask all County
departments/agencies to forthwith comply with the following:
1. Departments/agencies wishing to reproduce the County seal on
clothing or other items, whether for distribution or sale to County
employees or members of the public shall send a short written
description of what is proposed to the County Clerk.
2. The Clerk will forward this written communication to the Chair of the
County Council.
3. In the event the Council Chair has any concerns regarding what is
proposed, discussion will ensue with the County department/agency. If
there are no concerns, the requirements of Code Section 2-155 are
satisfied, and the department/agency may proceed.
We trust compliance with this procedure will allow our County
departments/agencies to continue their present practice of proudly displaying our
County seal, while complying with our existing laws.
Please contact County Clerk Casey Jarman or me if you have any
questions or concerns.
c: Honorable Casey Jarman, County Clerk
S: Departments/Corporation Counsel/Numbered Memorandum 2007-1 2-28-07/LSAmr
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