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Home My WebLink AboutCOMM. 007 tv;:,::�may••.. R.B.LEGASPI o r,d- 9'' YASUKI ARAKAKI County Clerk ( kR-CY t Deputy County Clerk HARRY A. TAKAHASHI Legislative Auditor 1.F• •OF_N:- OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 96 720 January 11, 1979 Mr. Kimiaki Sakata, Chairman Hawaii County Charter Commission 25 Aupuni Street Hilo, Hawaii 96720 Attached are communications 269, 269. 1, 269. 2 and 269. 3, which provides the background for the requested change to the Charter. On January 4, 1978, after the Mayor had vetoed the ordinance, the County Councilreferredthis matter to your Commission for consideration. We trust this submission is in order. R. B. L42p i COUNTY CLERK Att. COMM. NO. ty OFy STEPHEN G. BESS j 9 HERBERT T. MATAYOSHI UJ j �dlr�� XXC.]0E NFXX.XCKIX ` Acting CORPORATION COUNSEL MAYOR * 4Li'.^r-� � TELEPHONE NO. 961-8251 OF - COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET HILO, HAWAII 96720 April 11 , 1977 Mr. Rudy B. Legaspi County Clerk County of Hawaii Hilo , HI 96720 Dear Mr. Legaspi: Re : C-1971 , Guidelines for County Duplicating Equipment, Related Material and Personnel Chapter 2 , Article 8 , Section 7 , Hawaii County Code 1975 , as amended, provides in part: "Officers and employees of the County, while dis- charging their duties and dealing with the public , shall adhere to the following precepts . . .All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. " (emphasis added) Because of this code provision, the County Council should be advised as to whether or not they want guidelines on the above- mentioned subject matter. Since the events that precipitated this request occurred last year, during the time of the previous council , the current council may want to amend the code provision by making it more specific. Very truly yours, EARL T NAKASATO Deputy Corporation Counsel ETN:eyh cc : Council Chairman Harvey S. Tajiri Comm. No. C24p File No. C LA Ed_ B. No. Date: MAY 41U(/. • Ia 0 ° At R. B. Legaspii"€ Yasuki Arakaki COUNTY CLERK, _`'" =~- DEPUTY COUNTY CLERK o.4r�M1.._jP� °F H Harry A.Takahashi LEGISLATIVE AUDITOR OFFICE OF THE COUNTY CLERK • COUNTY OF HAWAII HILO, HAWAII 96720 May 27, 1977 Mr. Tomio Fujii, Chairman Committee on Public Service Hawaii County Council Hilo, Hawaii Re: Communication 269 As per your request and referral of the above communication to my office for comments and recommendations, the following is now submitted: _ Counsel Nakasato refers to the Hawaii CountyCode 1. requirements which has the same language as used in the Hawaii County Charter, Section 14-4 (a) . "Officers and employees of the County, while discharging their duties dealing with the public shall adhere to the following precepts. . . All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purpose without proper consent" . 2. The language of this proviso leaves an obvious loophole with the inclusion of the last three words "without proper consent" . a. It can be interpreted that with "proper consent" public property and equipment can be used. b. It also does not make clear as to whose consent is required: Mayor? Department Head? Council Chairman? County Clerk? c. This ambiguity was a common factor in recent cases involving Council members. 3. Until such time as both the Hawaii County Code and the Hawaii County Charter is amended to delete that parti- cular phrase, potential recurrence of the same problem will remain. P5& Comm. No.. rile No. ,!/..K — L R. No. Date: JUN 15 1911 . • OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING 25 AUPUNI STREET HILO, HAWAII 96720 My recommendations are as follows: 1. The County Code be amended to delete "without proper consent" . 2. This same recommendation be referred to the soon to be selected Charter Commission for the same change. 3. Until such time as these changes have been put in effect, officers and employees of the County should abide by this rule as if the three words were stricken. With this self-imposed observance, likelihood for abuse ought to be lessened as the violator will stand alone. He/she will not be able to use the defense that "proper consent" was given. Accomplishing this, the case could then focus on the determination of personal versus county purposes. R. B. Leg spi/A/ COUNTY CLERK HERBERT T. MATAYOSHI �Jj � \`9� �, STEPHEN G. BESS MAYOR h/ . 1R;, i CORPORATION COUNSEL *��4"+rxbi. I* TELEPHONE NO.961-8251 5 OF.NP COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 25 AUPUNI STREET HILO, HAWAII 96720 September 27, 1977 County Council. County of Hawaii Hilo, Hawaii 96720 Council Members : Re: Guidelines for County Duplicating Equipment, Related Material and Personnel C-269, 269o1/PSC-13 Enclosed is an Ordinance amending Chapter. 2, (Administrative Code) Article 8, Section 7, Hawaii County. Code, as amended, relating to public property and equipment. Very truly yours, /' lef-11-W—P". EARL T. da n SATO Deputy Corporation Counsel ETN:jo Enclosures e,n cc : Mayor 021 ' �y� = _ - BILL NO. 342 _. : , COUNTY OF HAWAII•. - STATE OF HAWAII-_. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATIVE CODE, ARTICLE 8, SECTION 7 , HAWAII COUNTY CODE, AS AMENDED, RELATING TO PUBLIC_ - PROPERTY AND EQUIPMENT._ _. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Chapter 2 (Administrative Code) , Article 8, Section 7-A, Hawaii,_Count Code, , as amended is hereb further amended to read as follows : -_.. ' .: "A. All public property and equipment are to be - :-= treated as a public trust and are not to be used in a proprietary manner or for personal purposes /ithout proper consen7. " SECTION 2. Material to be repealed is bracketed. When __ incorporating this ordinance into the Hawaii County Code, the incorporator need not include the brackets or -the bracketed material. SECTION 3. This ordinance shall take effect upon its. ., approval. • INTRODUCED BY COUNCIL MEMBER, COUNTY OF HAWAII:'. Date of Introduction: Date of Adoption: Effective Date : .A ^ ti OF Alb I j HERBERT T. MATAYOSHI MAYOR `�1 P 11:1 • ® , e, JI/ayor November 25 , 1977 Mr. R. B. Legaspi County Clerk County of Hawaii Hilo, Hawaii 96720 Dear Mr. Legaspi : Re: Ordinance Bill No.. 342 . Pursuant to Sections. 5-1. 4 (j) and 3-13 of the County Charter, I hereby. .veto Ordinance Bill No_ 342. As presently worded, Chapter 2 , Article 8 , Section 7 of the Hawaii County Code is the same as the language found in Section 14-4 (a) . of the Hawaii County Charter. Section 14-4 (a) provides : "All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for the personal purposes without proper. consent. " Thus, if Chapter 2 ,. Article 8 , Section 7 were amended by Bill No. 342 to absolutely preclude the use of public propertyfor personal purposes, the Charter would, nevertheless, continue to allow the use of public property for proprietary or personal purposes if properconsent is obtained. The passage of Bill No.. 342 .would not have the effect of amending Section 14-4 (a) of the County Charter. Any amendment of the County Charter must be in accordance with Article XV of the County Charter. Since Section 14-4 (a) of the Charter remains in full force and effect,. I see no reason to approve Ordinance Bill No. 342. To insure that the ends of Bill No. 342 are carried out, I will recommend to the Charter Commission that it carefully review Section 14-4 (a) of the Hawaii County. Charter in order to determine whether all personal use of Pse' Comm, No.. (7?-69.-3` U N0. eA./1. m. H No_ _D. 5 1977. COUNTY OF HAWAII • HILO, HAWAII 96720 I Mr. R. B. Legaspi -2- November 25 , 1977 County Clerk publicproperty.--be it merely incidental to a primary public use of public property--should be precluded. In .the meantime, I am directing all County employees to abide by the spirit of the Charter and treat public property .and equipment as a public trust. Very trul yours, Arid s9� HE'BERT Mayor Enclosure • • BILL NO. 342 - . COUNTY OF HAWAII. -. STATE OF HAWAII , _ . - ORDINANCE NO.AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATIVE CODE, -ARTICLE 8, - SECTION 7, HAWAII COUNTY CODE, AE--AMENDED, RELATING TO PUBLIC I - PROPERTY AND EQUIPMENT:` BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : i _ SECTION 1. Chapter 2 (Administrative Code) , Article 8, Section 7-A, Hawaii County Code, as amended, is hereby further amended to read as follows: "A._ All public property and equipment are to . be . � . � __ _ -•-- treated as a public trust and are . not ,to be used in a proprietary manner or for personal purposes /ithout proper consen�. " . SECTION 2. Material to be repealed is bracketed. When incorporating this ordinance into the Hawaii County Code, the incorporator need not include the brackets or the bracketed material. ; SECTION 3. This ordinance shall take effect upon its - approval. __. - INTRODUCED 'BY: - COUNCIL MEMBER, COUNTY OF -HAWAII • Date of Introduction: Date yof Adoption Effective Date : • 7_\ •• • �t?�. HERBERT T. MATAYOSNI • MAYOR r+••• �Jt% • • Jl/aqor • • November 25 , 1977 Mr. R. B. Legaspi County Clerk • County of Hawaii • Hilo, Hawaii 96720 Dear Mr. Legaspi: Re: Ordinance Bill No.. 3-42. Pursuant to Sections. 5-1. 4 (j) and. 3-13 of the County Charter, I hereby veto Ordinance Bill No.. 342. As presently worded, .Chapter 2 , Article 8 , Section 7 of the Hawaii County Code is the same as the language found in Section 14-4 (a) . of the Hawaii County Charter. Section 14-4 (a) provides : "All public property and equipment are to • be treated as a public trust and are not to be used in a proprietary manner or for the personal [ purposes without proper consent. csC Thus, if Chapter- 2 , Article 8 , Section 7 were amended by Bill No.. 342 to absolutely preclude the use of public property for personal purposes., the Charter would, nevertheless , continue to allow the use of public property for proprietary or personal purposes if proper consent is obtained. The passage of Bill No- 342 would not have the effect of amending ! • Section 14-4 (a) of the County Charter. Any amendment of the County Charter must be in accordance with Article XV of the County Charter. Since :Section 14-4 (a) of the Charter remains in full force and effect, `I see no reason to approve Ordinance Bill No.. 342. To insure that the ends of Bill No. 342 are carried out, I will recommend to the Charter Commission that it carefully review Section 14-4 (a) of the Hawaii County • Charter , in order to determine whether all personal use of • coT44.M. NO. To psC COUNTY OF HAWAII m HI!O, HAWAII 96720 t • w • Mr. R. B. Legaspi -2- November 25, 1977 County Clerk public property--be -it merely incidental to a primary public use of public property--should be precluded. In the meantime, I am directing all County employees to abide by the spirit of the Charter and treat public property .and equipment as a public trust. Very trul yours, HE'BERT T. MATAYes4 • Mayor Enclosure January. 11, :,1979 Mr. Kimiaki Sakata, Chairman Hawaii County Charter Commission 25 Aup uni Street Hilo, Hawaii 96720. . Attached are communications 269, 269. 1, 269. 2 and 269. 3, which provides the background for the requested change to the Charter.. On January 4, 1978, after the Mayorhad vetoed the - ordinance, the County Council referred this matter to your Commission for consideration. We trust this .submission is in order. R. B. Legaspi .. COUNTY CLERK Att. . .. .„ ,,,L , . ct4iAbvp..., cotvytti, tA c2u , H WM, G I. WI a-Cit Iaili 4Y14‘141U.41;1' .41 2-- (26Q , 2q• I, -2 6 9` L 3 / 66Lid Fl-scizit:0 _ ilt_ isa-c 444 / 76/91-<.-gi C11014,7 e k. t4 eta/1- 4 , hi o ,,,_ fgolaaA-7 26 /9 n•/ zA a4 1 1 47 d-L ba- l&La7 ut4 (enivil-et:r (1,t(111 / 64 „rtfAii i 70--m_ (ii/t4„,t_tvce/7,, t - A.67_,e,/: • (,-\_, . / 6(; ,A. avA4 • ,