HomeMy WebLinkAboutCOMM. 165 CA-14 Legality of Independent Counsel for the Legislative Auditor
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: Chair Edmund K. Haitsuka and
Members of the Hawai‘i County Charter Commission
From: Levi K. Hookano, Attorney
Date: January 13, 2010
RE: Relating to CA-14: Independent Counsel for the Legislative Auditor
Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission,
This memo outlines some concerns with CA-14 as it relates to the hiring of independent
legal counsel for the legislative auditor. There appears to be some conflicts of charter provisions
in the event this amendment is approved by the commission in its current form.
Currently, the charter provides that the legislative auditor may retain special counsel in
the manner provided by Section 6-6.5. This would require approval by two-thirds of the county
council in a manner presenting a real necessity for such employment.1 Additionally, the
corporation counsel is the chief legal advisor for all county agencies, the council, and all officers
and employees in matters related to their official powers and duties.2 This includes the
legislative auditor. The letter from corporation counsel Lincoln Ashida, dated January 7, 2010,
adequately outlines the same concerns that I had relating to CA-14. If this amendment is to
move forward, Section 6-5.3 will need to be amended as well to reflect the relationship between
the independent counsel hired by the legislative auditor and the corporation counsel. This would
prevent any questions about conflicts of interest as provided by the Rules of Professional
Conduct for the practice of law.
If you have any questions regarding this matter, please do not hesitate to contact me.
Levi Hookano
Commission Attorney
1 Hawai‘i County Charter, Article VI, Chapter 5, Section 6-5.5 (2008).
2 Hawai‘i County Charter, Article VI, Chapter 5, Section 6-5.3 (2008).