HomeMy WebLinkAboutCA-04_1 Legaliity of changing terms of merit appeals board
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: August 4, 2009
RE: Relating to CA-4: Legality of Charter Amendment Amending Article VII,
Chapter 1, section 7-1.2, Hawai‘i County Charter, Relating to the Merit Appeals
Board
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-4, the portion of which amends article VII,
chapter 1, section 7-1.2. This amendment amends the appointment terms of the merit appeals
board and provides a transitional provision to effectuate this change.
In my opinion, there are no legal issues with proposing this amendment. This section
would supersede the appointment provisions contained in charter section 13-4 as it relates to the
merit appeals board and the appointments thereto. A recommended amendment, however, would
be to rearrange subsections (2) and (3) so that the transitional provisions are in chronological
order.
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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