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HomeMy WebLinkAboutCOMM. 028 Kimura, J - Ltr 8-14-09 HI Cty Charter Comm RE Sec 6-2 3JAYT.KIMURA PROSECUTING ATTORNEY CHARLENE Y.IBOSHI FIRST DEPUTY PROSECUTING ATTORNEY OFFICE OF THE PROSECUTING ATTORNEY August 14, 2009 Hawaii Cou nty Charter Commission Members .. c/o Karen Eoff,Secretary,Hawai'i County Charter Commission ,,/ 75-5706 Hanama Place, Suite #109 Kailua-Kona,Hawai'i 96740 Dear Commissioners, 655 KIlAUEAAVENUE Hll O,HAWAn 96720 PH:(806)961-0466 FAX:(606)961-6906 (608)934-3403 (808)934-3503 WEST HAWAfI UNIT 91-980HALEKI'IST.•SUITE150 KEALAKEKUA.HAWArI 96750 PH:(808)322-2552 'AX:(608) 322-6564 Thank you for the opportunity to meet with you .I apologize for not being able to attend the last meeting but I was attending to my father's death on Maui, The Ch arter provisions relating to the Prosecuting Attorney has served this County well to provide the framework on the role and function of the Office.However,there have been challenges to the role of the Prosecutor in the City and County of Honolulu and changes have been made to their Charter. I am p roviding those changes for your information and consideration.I agree with these changes and wo uld recommend their inclusion in proposed changes to the Charter. I would also recommend deleting the last sentence of Section 6-2.3 relating to the representation of elected officials in impeachment proceedings if the conduct alleged was done in the performance of their duties. There are many situations where elected officials ma y act on legislation or programs as part of their jobs and others may view this as offensive and move for impeachment.While the ou tcome would be decided in a court,the official should be provided representation for performing an act within the scope and responsibilities of their job. Hawai'l Countyis an EqualOpporlunityProvider anr;tEmployer Hawai'i County Charter Commission August 14, 2009 Page 2 Thank you for your consideration in this matter. Sincerely yours, JA . MURA Prosecuting Attorney JTK:ph Enc!. 2 AUG-\O-2009 NOH 12:43 PM PROSAPPELLATE/LEG .I,.:ITY COl INCl!.. FAXNO.~n~527 6436 P.02 Page 1 oi: CITYCOUNCIL CIlYANDCOUNTY OF HONOLULU HONOLULU,HAWAII CERTIFICATE Introduced:07/16/07 By:ANN KOBAYASHI RESOLUTION 07-223, CD1 Committee:EXECUTIVE MATTERS TItle: Links: RESOLUTION INITIATING AMENDMENTS TOTHE REVISED CHARTER OFTHECllY AND COUNlY OF HONOLULU 1973.ASAMENDED RELATINGTOTHEPROSECUTING ATTORNEY. RES07-223 RES07-223. CD1 CR-313 eR-S-55 GARCIA Y COUNCIL 08/15107 N'O Y KOBAYASHI Y RESOLUTION PASSED FIRST READING AND REFERRED TO THE COMMITTEE ON EXECUTIVE MATTERS. CACHOLA E DELA Y DJOU E CRUZ MARSHALL Y OKINO Y TAM Y EXECUTIVE MATTERS 09/05/07 CR-313 -RESOLUTION REPORTED OUT OF COMMITTEE FOR PASSAGE ON SECOND READING AND SCHEDULING OF A PUBLIC HEARING AS AMENPW IN CD1 FORM. PUBLISH 09/08/07 PU8UCHEARINGNOTICEPUBUSHED INTHE HONOLULU STAR BULLETIN. APO Y 09/19107 CR-313 ADOPTED,RESOLUTION PASSED SECOND READING AS AMENDED (RES07-223,CD1),PUBLIC HEARING·CLOSEP AND REFERRED TOCOMMmEE ON EXECUTIVE MATIERS. CACHOLA A DELA Y DJOU Y GARCIA Y CRUZ KOBAYASHI Y MARSHALL Y OKINO Y TAM Y COUNCIUPUBLIG HEARING PUBLISH 09124/07 SECOND READING NOTICE PUBLISHED IN THE HONOLULU STAR BULLETIN. EXECUTIVE MATTERS 09/26/07 CR·355 -RESOLUTION REPORTED OUT OF COMMITTEE FOR PASSAGE ON THIRD READING. GARCIA YDJOUY CR-355 ADOPTED AND RESOLUTION 07-223,CD1 PASSED THIRD READING. CACHOLA Y DELA Y CRUZ MARSHALL Y OKINO Y TAM Y 10/17107 APO Y KOBAYASHI Y COUNCIL MAYOR MAYOR 10/18/07 10129107 RESOLUTION TIRANSMITTED TO THE ,\i1AYOR FOR HIS APPROVAL OROTHERWISE. RESOLUTION RETURNED APPROVEDBYTHE MAYOR. 1herebycertifylhattheabove ~a true recordoracsonbytha Councilof the City andCounty ofHonolulU an this Rl:SOLUTION. DENISE C.DE COSTA,CITY CLERK BARI3ARAMARSHALL,CHAIRAND PRESIDINGOFACER http://www4.honoluJu.gov/docushareldsweb/GetIDocurnent-65t96/RES07-223.htm AUG-10-2009 12 :37PM Fr om:808 527 6436 ID:ADMNXRX 8/1012009 P••e:002 R=96" AUG-10-2009 MON 12:43 PM PROS APPELLATE/LEG CiTY COUNCIL Relatl\d Commynications: FAX NO.BOB 527 6436 P.03 Page 2 o±'2 No.From MM-13Q Mayor -Retuming approved Res.07-223 ,CD1. http://www4.bono!ulu.gov/docusllareldsweb/GetIDocUmenl-65196/RES07-223.htm AUG-10-2009 12 :37PM Fr om:808 527 6436 ID:ADMNXRX 811 012009 Pa .e:003 R=96% AUG-l0-2009 MON 12:44 PM PROS APPELLATE/LEG FAX NO.SOB5276436 P.04 07-223,CD1No,_-"",--=,=u.::~.l-__ CITY COUNCIL CtTYAND COUNlY OFHONOLULU _HONOLULU, HAWAlI•-.'...,.1.1". 1~.:".;. RESOLUTION INITIATING AMENDMENTS TO THEREVISED CHARTER OFTHE CITYAND COUNTY OF HONOLULU 1973, AS AMENDED RELATING TO THE PROSECUTING ATIORNEY. WHEREAS,Hawaii Revised Statutes ("HRS")section 28-10.6 authorizes the department of theattorney general of theStateof Hawaii to Initiate, develop and performor coordinate programs,projects andactivities,as determined by the attorney general,on the SUbject of crime,includIng but not limited to crime research,prevention, and education;and WHEREAS,pursuantto HRS section 28-10,6,the attorney generalis authorized to receive and expend financialgrants anddonations for crime research, prevention, and education; and WHEREAS,in Beesv,Carlisle,113 Haw.446,153 P.3rd 1131 (2007),the Hawaii Supreme Courtruled that the authorizationsincluded In HRS SectIon 28-10,6 do not extendto the county prosecutors;and WHEREAS,the council findsthatthe department of the prosecuting attorney of the City and Countyof Honolulu should havesimilarauthority to developprograms on the subject of crime,including the authority to receive and expend financialgrants, donations,and other funds for crime resea rch,prevention,and education;now, therefore, BEIT RESOLVED by the Council ofthe City andCounty of Honolulu: 1.That it propose,andit is herebyproposed,thatthe following question be placed on the 2008 general election ballot: "Shall the Prosecuting Attorneybe allowed to initiate,develop,and perform or coordinate programs,projectsand activities,asdeterminedby the prosecuting attorney,on the subject of crime,including but not limited to crime research. prevention,and education?" 2,That it propose and it is herebyproposed,that Section 8-104 ,Revised Charter of the City and County of Honolulu 1973,as amended,be amended to read as fallows: "Section 8-104.Powers, Duties and Functions - OCS/083007109:231HM 1 AUG-10 -2009 12 :38PM From:808 527 6436 ID:ADMNXRX AUG-10-20 09 MON 12:44 PMPROS APPELLATE/LEG FAX NO.~nR 521 6436 P.05 07-223,CD1No._~~~~~_8,,,,,'1 CITY COUNCIL •I '.CITY AND COUNTY OFHONOLULU ".~HONOLULU.HAWAII RESOLUTION L The prosecuting attorney shall: (a) Attend all courts in the city and conduct, on behalf of the people,all prosecutions therein for offenses against the laws of the state and the ordinances and rules and regulations of the cily. (b)Prosecute offenses against the laws of the state under the authority of the attorney general of the state. (c)Appear in every criminal case where there is a change of venue from the courts in the city and prosecu te the same in any jurisdiction to which the same Is changed or removed.The expense of such proceeding shall be paid by the city. (d) Institute proceedings before the dlsfrict judges for the arrest of persons charged with or reasonably suspected of public offenses, when the prosecuting attorney has information that any such offenses have been commrtted,and for that purpose,take charge of criminal cases before the district judges either in person or by a deputy or by such other prosecuting officer or in such other manner as the prosecuting attorney shall designate with approval ofthe district court or in accordance with statute; draw all indictments and attend before and give'advice to the grand jury whenever cases are presented to it for Its consideration;and investigate all matters Whichmay properly come before the prosecuting attorney.Nothing herein contained shall prevent the conduct of proceedings by private counsel before courts of record under the direction of the prosecuting attorney, "The prosecuting attorne y may: 00 Research,evaluale,and make recommendations regarding crime, crime prevention,and the criminal rustice system to the oovernor, the legislature,the judiciary,the council, the mayor, the Honolulu police deoartment and other criminal justice agencies,or the general public,as the prosecuting attornev deems appropriate, f!2l Provide crime prevention training programs for law enforcement agencies,citizens,businesses,and civic groups; and fgl Deyelop public education programs through vanous broadcast or print media, to provide the eeneral oublic information that will 2 AUG-10-2009 12:38PM Fr om :808 527 6436 ID:ADMNXRX Pa.e:005 R=96% AUG-10-2009 NON 12:45 PM PROS APPELLATE/LEG FAX NO.80S 527 6436 P.06 07·223,CD1No._......,,~==-=~_ CITY COUNCIL emANDCOUNlY OF HONOLULU HONOLULU,HAWAIIe'·ti .'.'I -'."..,.~. RESOLUTION assist citizens in developing the knowledge and confidence to prevent crime and to avoid being victims of crime. @ Receive and expend financial grants, donatjons and other funds as pe011itted by the provisions ofthe revised charter.city ordinances and applicable city,state,and federal financial and bUdget policies for crime research .prevention, and education." 3.New charter material is underscored.When revising,compiling. or printing these charter provisions for Inclusion the Revised Charter of the City and County of Honolulu 1973 as amended. the revisor of the charter need not include the underscoring, 4. That if these Charter provisions are amended by any other Charter amendment approved by the electors in the 2008 general election, the revisor of the charter, in revising, compiling or printing the Charter: (1) may designate or redesignate articles, chapters, sections or parts of sections, and rearrange references thereto; and (2) shall, except as otherwise expressly provided in this resolution or in the other resolution(s)amending these Charter prov isions,give effect, to the extent possible, to all of the amendments approved. The revisor of the charter may also change capitalization or the form of numbers and monetary sums for the sake of uniformity, 5.That the City Clerk be and is hereby directed: A.To prepare the necessary ballots with the question contained in this resolu1ion and with spaces for 'yes'and 'no" votes on the question for presentation to the electors at the 2008 generel electIon.The City Clerk may make technical and non-substantive changes to the form of the question presented in order to conform it to the form of other charter amendment questions presented to the electors at the same election;and S,To publish the above-proposed Charter amendments at length in a daily newspaper of general circulation in the City and County of Honolulu at least 45 days prior to their submiss ion to the electors at the 2008 general election, 3 AUG-10-2009 12:39PM Fr om:808 527 6436 ID:ADMNXRX Page :006 R=96% AUG-10-2009 MON 12:46 PMPROS APPELLATE/LEG FAX NO.~n~521 6436 P.01 07-223.CD1No._-=--=-==J-"<""'-'"_ CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU.HAWAII RESOLUTION 6. That upon approvalofthe charter amendment question posed in this resolution bya majority of electors voting thereon,asdulycertified.the ch arter amendments proposed in thisresolution shalltake effect onJanuary 2,2009. INTRODUCED BY: Ann Kobayashi DATEOF INTRODUCTION: July 16,2007 Honolulu,Hawaii APPROVED this a.q~ Councilmembers ay of~.2007 . L------ 4 AUG-10 -2009 12:40PM Fr om:808 527 6436 ID:ADMNXRX P ••e :007 R=96>' AUG-10-2009 HON 12:46 PHPROS APPELLA1E/LEG FAX NO,anA5276436 P.DB CflYCOUNCIL crrvAND COUNTY OF·HONOWLU I-lONOLULU.HAWAII CERTIFICATE RESOLUTION 07-223,CD1 Introduced:07116/07 By:ANNKOBAYASHI Committee:EXECUTIVE MATTERS GARCIA Y RESOLUTION PASSED FIRST READING AND REFERRED TOTHE COMMITTEE ON EXECUTIVE MATTERS. CACHOLA E DELA CRUZ Y DJOU E MARSHALL Y OKINO Y TAM Y 06/15107 APO Y KOBAYASHI Y RESOLUTION INITIATING AMENDMENTS TO THE REVISED CHARTER OFTHECITYAND COUNTY OF HONOLULU 1973,AS AMENDED RELATING TOTHEPROSECUTING A;TORNEY. .~..'":""" Tin,,: COUNCIL eXECUTIVE 09/05/07 MATTERS CR-313-RESOLUTION REPORTED OUTOFCOMMITIEE FORPASSAGE ON SECOND READING ANDSCHEDULING OFA PUBLIC HEARING AS AMENDED IN C01 FORM. PUBLISH 09/08107 PUBLIC I-lEARING NOTICEPUBLISHED INTHE HONOLULUSTAR BULLETIN. PUBLISH 09/24107 EXECUTIVE MATTE:RS 09126107 COUNCIUPUBLIC 09/19/07 HEARING GARCIA Y CR·355 -RESOLUTION REPORTED OUT OF COMMrnEE FOR PASSAGE ON THIRD READING. SECOND READING NOTICE PUBLISHED INTHE HONOLULU STAR BULLETIN. CR-313 ADOPTED,RESOLUTION PASSED SECOND READING ASAMENDED (RES07- 223, CD1),PUBLIC HEARING CLOSED AND REFERRED TO COMMITTEE ON EXECUTIVE MATTERS. CACHOLA A DELA CRUZ Y DJOU Y MARSHALL Y OKINO Y TAM Y CR-355 ADOPTED AND RESOLUTION 07-223,CD'PASSED TI-IIRD READING. CACHOLA Y DELACRUZ Y DJOU Y GARCIA Y MARSHALL Y OKINO Y TAM Y APO Y KOBAYASHI Y 10117/07 APO Y KOBAYASHI Y COUNCIL I herebycertifythat rhliaboveIsa ltueraCO(d o(action bythe!CO\lncilortheCityandCOlJ~ofHanolult.t onthisRESOLUTION. /;~/N'U 1Jv~/f:....?/UJd~NJSEC.PEi COSTA,CllY CLEi BAilBARA MA~SHALI..,CHAIR .' NDp~eSIDJNCl OFF/CEiR AUG-10-2009 12:40PM From:808 527 6436 ID:AOMNXRX Paoe:008 R=96% (d) Evaluate the management and performance of each executive agency,and make reports to the mayor and the council on the fmdings andrecommendations ofsuch evaluation.A report shall be made to the responsible commission whenever an evaluation is performed on a department or agency under a commission. (e)Prescribe standards of administrative practice to be followed by all agencies under the managing director's supervision. (f)Attend meetings of the councilor ofany board or committee, when requested by the mayor. (g) Attend meetings of the council and its committees upon request and make available such information as they may require. (h) Perform all other duties as required by this charter or assigned by the mayor. (Ed.note:Amended 2000 Charter Amend 2) CHAPTER 2 CORPORATION COUNSEL (Ed.note:This chapter was previously Article V.Chapter 2.The original Article VI Chapter 2, "Department ofPublic Works,"is now Article VL Chapter 7) Section 6-2,1.Organization. There shall be a department of the corporation counsel consisting of the corporation counsel, assistantcorporation counsel and the necessary staff. (Ed.note:Moved and renumbered pursuant to 2000 Charter Amend.2) Section 6-2.2.Appointment and Removal. The corporation counsel shall be appointed by the mayor, confrrmed by the council and may be removed by the mayor with the approval ofthe council. The corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawaii. (Ed.note:Amended Gen.Elec.1980,movedandrenumberedpursuant to 2000 Charter Amend.2) Section 6-2.3.Powers,Duties and Functions. The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall,however,be prohibited from representing any elected officer in impeachment proceedings. (Ed.TUlle:Amended Gen.Elec.1980,movedand renumberedpursuant to 2000 Charter Amend.2) Section 6-2.4.Assistant Corporation Counsel. The assistant corporation counsel shall be appointed by the corporation counsel and may be removed by the counsel. The assistant corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court ofthe State ofHawaii. (Ed.note:Moved and renumberedpursuant to 2000 Charter Amend 2) 14 '(. "y:.