HomeMy WebLinkAboutCOMM. 163 Legal Analysis Regarding CA-16
EDMUND HAITSUKA
Chairman
DAVID FUERTES
Vice Chair
DAPHNE HONMA
CASEY JARMAN
GUY KAULUKUKUI
JAMAE KAWAUCHI
JOSEPH KEALOHA
ALAPAKI NAHALE-A
SUSIE OSBORNE
TODD SHUMWAY
SCOTT UNGER
2009-2010
HAWAI‘I COUNTY
CHARTER COMMISSION
1
To: Edmund K. Haitsuka, Chair
and Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Attorney
Date: January 13, 2010
Re: Legal Review of CA-16: Initiation of Charter Amendments and Revisions
Chair Haitsuka and Members of the Hawai‘i County Charter Commission,
There are major legal flaws with CA-16 in its current form. The proposed
amendment would make citizen initiated charter amendments to follow the “same
processed as outlined in Article XI-initiative and Referendum” [sic] of the charter. Not
all portions of Article XI would be appropriate for a citizen initiated charter amendment.
Section 11-4(m) through (o) are clearly not applicable to citizen initiated charter
amendments since such matters would not have to be transmitted to the county council
for possible approval. Additionally, Section 11-7(d) would not be applicable since the
county council does not have the authority to unilaterally repeal or amend charter
provisions. Finally, this proposed amendment conflicts with CA-12, which also relates to
the initiation of charter amendments and revisions.
If you have any questions regarding this matter, please do not hesitate to contact
me.
Levi Hookano
Commission Attorney