HomeMy WebLinkAboutCA-02_1 Legality of Moving Data Systems
DAPHNE HONMA
EDMUND HAITSUKA CASEY JARMAN
Chairman JAMAE KAWAUCHI
JOSEPH KEALOHA
DAVID FUERTES
ALAPAKI NAHALE-A
Vice Chair
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
To: Chair Edmund K. Haitsuka and
Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Attorney
Date: July 29, 2009
RE: Legality of Charter Amendment CA-2: Moving Data Systems From Article V to
Article VI.
Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission,
During the July 17 meeting of the Hawai‘i County Charter Commission (“Commission”),
I was tasked with verifying the legality of various proposed charter amendments. This memo
will discuss the legality of charter amendment CA-2, which moves Data Systems from Article V
to Article VI.
In my opinion, there are no legal issues with proposing this amendment. Moving Data
Systems to Article VI would place it under the direct supervision of the county’s managing
director. This would be consistent with the duties of the managing director as contained in
section 6-1.2 of the charter. According to section 6-1.2(b), the managing director shall
“supervise the administrative functioning of all agencies, departments, boards, and
commissions.” Since the Data Systems Department is classified as a department by the charter,
it may be legally moved to Article VI under the supervision of the managing director.
If you have any further questions regarding this matter, please do not hesitate to contact
me.
Levi Hookano
Charter Commission Attorney
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