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**-* Democratic Party of Hawaii..
Hawaii County Committee laaxiiexxidcioutkbackboo.xxxwooc
106 Puako Beach Drive
Kamuela Hawaii_ 9674.3
March 14 , 1979
The Hon. Kuniaki Sakata, Chairman
Hawaii County Charter Review Commission
25 Aupuni Street
Hilo Hawaii 96720
• Dear Mr. Sakata
I enclose testimony for the urgent consideration
of your commission. If you wish me to appear personally
before the Commission to discuss my testimony, I will
be most happy to do so.. Myhome telephone. is 882-7377.
From
. March 15-20 I will be in Honolulu, and may be reached
there at 94.1-6611 , estention 516.
Best personal regards,
With aloha,
Ruth Tabrah, County Chairman
Hawaii County Committee
Democratic Party of Hawaii
enc/2
CCMM. NO.. . _....
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My name is Ruth Tabrah, chairman of Hawaii County
Democratic Party, and my testimony is offered on behalf
of all Big Island Democrats.
First of all, both personally and on behalf of Hawaii
County Democratic Party, I _should like to extend sincere
Nevieul
appreciation to each Charter 5ool Commissioner for his
or her dedication in serving the people of the county of
Hawaii in this most crucial endeavor.
My plea, and urgent recommendation to this commission
is for redress of a present dire lack in ordinance , statute ,
or any provision interpreting Section 13-4-(f) of the County
Yloto
• Charter as it now exists . Thatsection Nss
reads :
"except as otherwise provided in this Charter, not
more than a bare majority of the members shall belong
to the same political party. "
Since no definition of 'political party' is now provided
b ordinance or statute or charter language . a situation prevails
- in re.ard to qualifications for appointive offices
a is in • irect opposition to the qualifications for elective
offices. Any candidate for public office , under the election
laws of this state , must file as a member of a political party, -
and furthermore , as a member in good standing who has pledged
to support and uphold certain principles and ideas, and to
maintain certain stands on basic issues of government, which
that political party is organized to endorse and promote in
the conduct of our government at • ederal, state , and cou4ty' levels.
Any non-partisan candidate who wishes to run for office may file
to do so, but must garner a certain percentage of the total primary
•
411
2 ,
vote in order to stand before the voters as a candidate for.
office in the general elections. The Voter is thus assured
that the candidate of his choice represents more than a
pleasing or likeable personality. The candidate 's party affiliation
links him to a standard of principle and platform in the conduct
of government, and the act of noting choice
is thus lifted from the category of an election being merely
a popularity contest.
By contrast , under our present County charter, nominees• ,
to appointive office , while no more than a bare majority of
the political party in power may be appointed, may be and often
are seledted as 'independents ' , men and women who belong to no
political PartY have declared no affiliation with principle or
platform, and are non-partisans who would find it almostimpossible
under our election laws to qualify for any elective office.
How can we afford such discrimination between those who participate
in the policy making and decision making process of our government
on either an elective or appointive basis? The present lack of
definition of 'political party' in the County Charter, and the
present lack of ordinance pertaining thereto, has resulted in
discrimination against members of a political party as appointees
to boards and commissions. , Why should these boards and commissions , .
which are an integral part of our government and an integral part
of our political structure not be subject to the same political
qualifications as candidates for elective office? If our Mayor
I. .
and County Council ran for office andwere elected on a non partisan
basis, then the present system of appointments to boards and
commissions would be valid. We protest that grave injustice and
discrimination prevails in this matter and we urge the Commissioners
r
in their proposals for revision of our Hawaii County. Charter
to include an amendment to Section 13-4-(f) to read :
"the Mayor shall appoint to each county board and
commission no more than a bare majority of the
members of the political party for which the greatest
number of voters cast ballots in the preceding general
election. Political party
membership shall be construed upon the same basis as
that required by statute for candidates filing
to run for elective office . "
Hawaii County Democratic Party, whose membership includes
a majority of the voters in this county, much appreciate your
consideration of this most urgent request., and we attach as
resource and reference material to this testimony the correspondence
of March 2, 1979 trwOrmalmirdtesndqerom Deputy Corporation Counsel
Alan M. Okamoto to Deputy County Clerk Yasuki Arakaki.
ti / /977
•
• • qlj^- -�.Hq •
HERBERT T. MATAYOSHI -.
`�9
MAYOR p STEPHEN G. BESS
♦ !� %i. *� CORPORATION COUNSEL
TELEPHONE NO.961-8251
0F P�
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
25 AUPUNI STREET •
• HILO, HAWAII 96720
March 2 , 1979
•
•
Mr. Yasuki Arakaki '
Deputy County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Arakakii
Re: Interpretation - Section 13-4 (f) ,
County Charter
The attached memorandum is in reply to your inquiry to
• Mr. ,Bess. In researching this matter, we discovered a
July 8, 1976 communication (Mot. 79) from the County Clerk
on the identical question. We can find no record of a •
written response to the question and therefore ask that your
• - office consider this memorandum a reply to both that inquiry
and your inquiry.
•
Very truly yours ,
•
ALAN M. OKAMOTO
. Deputy Corporation Counsel
AMO:h
Enclosure
•
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•
•
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• COUNTY OF HAWAII
0F CE OF THE CORPORATION COUNAUL
25 Aupuni Street
Hilo, Hawaii 96720
MEMORANDUM
To: Mr. Yasuki Arakaki • Dote March 2, 1979
Deputy County Clerk
From: Alan M. Okamoto, Deputy Corporation Counsel
Subject: Whether a preponderance of independents (on a board
or commission) would be in violation of the provisions
of Section 13-4 (f) , County Charter.
This memorandum construes the language of Section 13-4 (f) ,
County Charter. Whether the County must accept the party
designation of an appointee to a commission in determining
"political party" under Section 13-4 (f) has previously been
resolved by this office.
The question raised is whether the term "political
party" found in Section 13-4 (f) includes "independents. "
The term "independents" apparently• means those who decline
to state party affiliations (e.g. , as Republican or Democrat) .
We reply that since "independents" do not constitute a
"political party" in the context of Charter Section 13-4 (f) ,
a preponderance of "independents" on a commission would not
be in violation of Section 13-4 (f) . •
In resolving the question presented, we note that the
term "political party" is neither defined by the Charter nor
is its meaning clear from a reading of the language alone.
It is thus necessary to resort to statutory construction of
the term.
•
The primary rule of statutory construction is to
determine legislative intent. Keller v. Thompson, 56 Haw.
183, 189, 532 P.2d 664, 669; State v. Hawaiian Dredging Co. ,
48 Haw. 152, 181, 397 P.2d 593, 612. Legislative intent may
be determined in a number of ways.
The most direct means of determining legislative intent
is to examine legislative history. Castle & Cook Terminals V.
Local 137 of Intern. Longshoremen' s and Warehousemen' s
Union, 110 F.Supp. 247, 251. Here the minutes of the Third
Charter Commission indicate that Section 13-4 (f) was based
on the identical provision in the Maui charter. Corporation
Counsel' s letter of July 28, 1976 , to Mayor Matayoshi;
Minutes of Third Charter Commission of September 14, 1967.
•
•
•
Mr. Yasuki Arakaki
Page 2
March 2, 1979
. Since it appears that the Third Charter Commission
adopted the language of Section 13-4 (f) with the legislative
history of the Maui provision in mind, the Supplementary
Statement of the Activities , Findings and Recommendations of
the Charter Commissioners to the Board of Supervisors of the
County of Maui quoted in a February 12 , 1975 Maui County
Attorney' s letter to Mayor Cravalho is relevant:
•
"The phrase 'member of a political
party' must be defined by ordinance. A
person does not become a member of a
political party by selecting a party
ballot in a primary election. 'Party
membership' involves something more,
i.e. , enrollment, payment of dues ,
approval by the party' s county committee,
etc. How much more must be determined by
ordinance. ".
Under this line of reasoning, :"independents" is not a
"political party" because there is no activity involved which
is comparable to an association of voters involving "enroll-
ment, payment of dues , approval by the party' s county
committee. "
Another means of determining legislative intent is
construing a term according to its common or ordinary
• meaning. Hawaiian . Beaches , Inc. v. Kondo, 52 Haw. 279, 281,
474 P.2d 538, 540. As generally used in the United States ,
"political party" means a voluntary association of voters
organized to promote a common political end. State ex rel.
Kiser v. Milispaugh, 241 Ind. 656, 175 N.E.2d 13, 15;
Schafer v. Whipple, 25 Colo. 400, 55 P. 180 , 182. As used
in Hawaii, "political party" may mean a voluntary association
of voters with a central (state) committee and county commit-
tees organized to promote a common political end. Evidence
supporting the addition of the elements of state and county
committees to the general definition is found in the Supplementary
• Statement of the Maui Commissioners andin the definition of
"political' party" (or "party") found in state election '
statutes. The Maui Commissioners , supra, by listing "approval
• by the party' s committee" as a prerequisite to party member-
ship, assumed that a "political party must have a county
committee. " Former HRS §13-1 (since repealed) defined
"party" for the purposes of the primary election as requiring
a state committee and committees for each of the counties.
HRS §11-61, in defining "political party" for the election -
statutes generally, continues the requirement for a state
committee and county committees.
to R • _
Ill
Mr. Yasuki Arakaki
Page 3
March 2, 1979
An "independent" would not qualify as a member of a
"political party" whether the definition of "political
• party" is that generally used throughout the United States
or the more restrictive definition discussed above.
• "Independents" cannot be considered a voluntary association
of voters organized for any purpose, since the category is
just a .collection of persons who decline to state affiliations
with such groups as the Republican . or Democratic parties.
•
AMO:h