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<br />DAPHNE HONMA <br />EDMUND HAITSUKA CASEY JARMAN <br />Chairman JAMAE KAWAUCHI <br />JOSEPH KEALOHA <br />DAVID FUERTES <br />ALAPAKI NAHALE-A <br />Vice Chair <br />SUSIE OSBORNE <br />TODD SHUMWAY <br />SCOTT UNGER <br />2009-2010 <br />HAWAI‘I COUNTY <br />CHARTER COMMISSION <br />To: Chair Edmund K. Haitsuka and <br /> Members of the Hawai‘i County Charter Commission <br />From: Levi K. Hookano, Attorney <br />Date: July 29, 2009 <br />RE: Legality of Charter Amendment Moving the Fire Department From Article VI to <br />Article VII. <br />Dear Chair Haitsuka and Members of the Hawai‘i County Charter Commission, <br /> During the July 17 meeting of the Hawai‘i County Charter Commission (“Commission”), <br />I was tasked with verifying the legality of various proposed charter amendments. This memo <br />will discuss the legality of charter amendment CA-3, which moves the Fire Department from <br />Article VI to Article VII. <br /> In my opinion, there are no legal issues with proposing this amendment. Moving the Fire <br />Department to Article VII would place it under the appropriate charter article. Article VII of the <br />charter covers executive branch departments or agencies under commissions. This would be <br />consistent with the other sections of the charter for other agencies under commissions such as the <br />police, liquor, and human resources. Since the Fire Department is managed by the fire <br />commission, it may be legally moved from Article VI to Article VII of the charter. <br /> If you have any further questions regarding this matter, please do not hesitate to contact <br />me. <br /> Levi Hookano <br /> Charter Commission Attorney <br />1 <br />