HomeMy WebLinkAboutCA-03_1 Legality of moving Fire Department Move To Article VII
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 Moving the Fire Department From Article VI to
Article VII.
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-3, which moves the Fire Department from
Article VI to Article VII.
In my opinion, there are no legal issues with proposing this amendment. Moving the Fire
Department to Article VII would place it under the appropriate charter article. Article VII of the
charter covers executive branch departments or agencies under commissions. This would be
consistent with the other sections of the charter for other agencies under commissions such as the
police, liquor, and human resources. Since the Fire Department is managed by the fire
commission, it may be legally moved from Article VI to Article VII of the charter.
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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