From the Desk of Lincoln Ashida - Corporation Counsel

COUNTY OF HAWAI'I
OFFICE OF THE CORPORATION COUNSEL

From the Desk of Lincoln Ashida

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Aloha! Welcome to our message for the week of June 30, 2008.

Mayor’s veto of County’s Operating Budget stands. The Council on June 30, 2008 sought to override Mayor Harry Kim’s veto of the operating budget for the County for fiscal year 2008-2009. After lengthy discussion, the override attempt by the Council failed. Voting in favor of the override were Council Members Pete Hoffmann, Angel Pilago, Brenda Ford, Bob Jacobson and Dominic Yagong. Opposing the override were Council Members Donald Ikeda, Stacy Higa, Emily Nae`ole and J Yoshimoto. Veto overrides require a “supermajority” or 6 votes.

Special Counsel hired for County in Waikoloa Workforce Housing project. The Office of the Corporation Counsel awarded a special counsel contract to the law firm of McCorriston Miller Mukai and MacKinnon of Oahu last week. We had previously obtained the consent of the Hawai`i County Council to hire special counsel to assist our attorneys in possible litigation stemming from the Waikoloa Workforce Housing project, and to ensure proper protection of the County’s interests. The contract amount is $150,000, and our attorneys are charged with working together with the McCorriston attorneys as co-counsel. The McCorriston law firm was selected from a number of other law firms that had indicated a willingness to serve as special counsel. In the litigious world we live in today, it simply makes sense for the County to seek out attorneys in our legal community who possess specialized skill and experience in specific areas of practice, on a case-by-case and on an as needed basis. For this particular housing project, it was important for the County to hire attorneys with experience in this area of the law.

As ever, if you have any questions concerning our County government, or if our office can assist you in heading you in the right direction to get any information or service, please contact me at (808) 961-8304, extension 118, or via email at Lashida@co.hawaii.hi.us. Take care and have a wonderful week!

Aloha! Welcome to our message for the week of June 16, 2008.

Mayor vetoes County’s Operating Budget. As you all have read in our local newspapers, Mayor Harry Kim has vetoed the Hawai`i County Council’s amended version of the Operating Budget for Fiscal Year 2008-2009. According to our laws, a balanced budget must be in place come July 1, the beginning of the County’s fiscal year. The Mayor vetoed the budget primarily because of his belief that the Council’s expectations with respect to the “fund balance” were not realistic. The fund balance is the money from all County departments, agencies and projects that is left over after the end of the current fiscal year that is “carried over” into the following fiscal year budget. What happens now? The Council may schedule a special session before June 30, 2008 in order to consider an override of the Mayor’s veto. In order for the Council to do this, they need six (out of nine) votes, or a “super majority.” If the Council is not successful in overriding the Mayor’s veto, then the Mayor’s original budget becomes law.

Thank you! Over the past months, we have received many telephone calls, emails, and other communications from grateful members of our community commending the work of our legal staff. Our staff understands and appreciates the trust the community has placed in us as public servants, and we work hard every day to never let the public down. Thank you to all of you who are so kind and took the time to acknowledge us.

Aloha! Welcome to our message for the week of June 9, 2008.

Summer Fun training completed. One of the many good things our County does that rarely gets reported in our local print media are the child care programs sponsored by our Department of Parks and Recreation. With work, financial and other demands placed on many young parents, affordable child care can be a nightmare for many families. Our Summer Fun programs are something many people take for granted; you know--we all went to these summer programs when we were kids growing up here in Hawai`i. For a very nominal fee, our keiki are provided good care during the day, complete with a healthy lunch. This care includes many fun excursions, as well as exposure to many cultural activities and events. This week, Deputy Corporation Counsel Renee Schoen completed training for about 80 Summer Fun workers. The training covered many aspects of avoiding liability and protecting the best interests of both the children and the County. Our office cares for our County clients and works hard to make sure they receive the best instruction possible, even if they are part-time or seasonal employees. Our County cares about its people, and is happy to make these helpful and healthy programs available to our keiki and their families.

Budget sent to the Mayor. The County of Hawai`i’s operating budget for fiscal year 2008-2009 (beginning July 1, 2008), passed out of the Council and has been delivered to the Mayor for his review. As we reported earlier, the Mayor has three options. (1) The Mayor may sign the budget as is, and it will automatically become law. (2) The Mayor may do nothing. If this happens, the budget becomes law without his signature. (3) The Mayor may veto the budget. If the budget is vetoed, it will be returned to the Council for a possible veto override. Our laws require a “super majority” vote of six (out of nine) Council members in order to override the Mayor’s veto. The Mayor has ten days in order to make his decision.

Aloha! Welcome to our message for the week of June 2, 2008.

Welcome to our new legal interns. Our office welcomes three legal interns to our office for the summer.

Madeline Reed just completed her second year of instruction at the William S. Richardson School of Law at the University of Hawai`i at Manoa. Madeline, originally from Berkeley, California, is now a Hilo resident.

Cheryl Shitabata recently completed her first year at the University of the Pacific McGeorge School of Law. Cheryl is a native of North Hilo, and a graduate of Waiakea High School.

Kelci Paiva just graduated from Colorado State University with a degree in Political Science. Kelci, a Hilo native, will enter law school this fall at Florida Coastal in Jacksonville, Florida.

Each year, the Office of the Corporation Counsel seeks to recruit law students and college students who wish to work in a law office and develop their legal skills under the mentorship of our fifteen attorneys and legal staff. If you or someone you know is interested in a position, please contact Deputy Corporation Counsel Brandon A. K. Gonzalez (bgonzale@co.hawaii.hi.us) who oversees our legal intern program.

The cost of marked specialized Police cars. There has been recent criticism of the County and Hawai`i Police Department concerning the purchase of specialized patrol vehicles. The marked police car initiative was one advocated for years by the West Hawai`i Crimestoppers. After a joint County-community task force examined this issue, the Police Department purchased these new vehicles. Unfortunately, the Police Department administration has not had the opportunity to publicly respond to the criticism concerning the cost of these vehicles. The Police Department administration will be briefing the Hawai`i Police Commission at their next meeting on June 20, 2008, beginning at 9:00 a.m., at the King Kamehameha Hotel in Kailua-Kona. Many of the misconceptions and misinformation concerning the cost of these vehicles will be addressed at this meeting.

On a related note, a concerned citizen submitted the following statement in a local newspaper blog entry: “I have REPEATEDLY called the Corporation Counsel, and sent over 100 letter (sic) to police, mayor, feds, etc...” The citizen was outraged concerning the cost of the police vehicles. The attorneys and staff of our office are committed to providing our County clients and the public the very best service. To this end, our staff understands and appreciates the need to always provide to the public we serve any information we are legally and ethically able to share. If anyone ever has any problems concerning obtaining information, or feel they are getting “the runaround” from any County department or agency, please feel free to contact me (Lashida@co.hawaii.hi.us). I would be more than happy to assist any of our citizens and hopefully get them headed in the right direction.

Aloha! Welcome to our message for the week of May 26, 2008.

Budget time for the County of Hawai`i. There have been recent media reports concerning the proposed operating budget for the County of Hawai`i for the upcoming fiscal year 2008-2009, and whether amendments made to the County’s budget by the Council can be properly funded. Here is a link to a letter sent to the Council by Finance Director William Takaba, expressing the administration’s concerns:

Fund Balance Message to Council

Mr. Takaba’s letter contains an excellent question and answer section that provides answers to many frequently asked questions by the public. As ever, if you have any follow-up questions or comments, please feel free to contact me anytime at Lashida@co.hawaii.hi.us, or by calling me at (808) 961-8304, extension 118.

Take care, and have a great week!

Aloha! Welcome to our message for the week of May 19, 2008.

The Sunshine Law and Government Records Law. Our office recently completed our annual training for all new board and commission members on the State Sunshine Law and Government Records Law. Our office hosts this training annually, with four training sessions; two in Hilo and two in Kona. This year, the trainings were well attended by new board and commission members, existing board and commission members who were interested in a refresher, and County personnel who work with our boards and commissions.

One of the many excellent questions raised was how many board members may communicate about board business outside of a properly noticed meeting. The answer is two. No more than two members of a board may discuss board business (matters that are before the board for official action or are reasonably anticipated to come before the board in the near future), so long as no commitment to vote is sought. By way of example, this means two members of the Council may discuss official Council business privately, so long as (1) they don’t discuss the matter with any other member of the Council, and (2) they do not promise to vote a certain way, or seek a commitment from the other Council member to vote a certain way.

Like many of our laws that regulate the conduct of government officers and employees, the Sunshine Law is “self regulating.” This means it is incumbent on all County officers and employees to not only abide by the letter but also the spirit of the Sunshine Law. To this end, our attorneys consistently advise our County clients to err on the side of caution, and do nothing that would serve to compromise the trust of the public. There is a famous adage in the law that goes, “If it seems wrong, it probably is.” With the Sunshine Law, with the public trust at stake, this is very good advice indeed.

If you have any questions about our Sunshine Law or Government Records Law, please feel free to contact me. We will do our best to answer your questions. My email address is Lashida@co.hawaii.hi.us, and my direct telephone number is (808) 961-8304, extension 118. Take care, and have a wonderful week.

Aloha! Welcome to our message for the week of May 12, 2008.

Salaries of County government officers. There have been recent editorials and letters in both the West Hawai`i and East Hawai`i newspapers concerning the Hawai`i County Salary Commission’s decision to increase the salary for Council members. A statement by a concerned citizen caught my attention. This citizen (who opposed the salary increase for Council members) criticized the Mayor, Council, Salary Commission members, and categorized Commission members as “bureaucrats.”

In 2000, the voters of the County of Hawai`i amended the Hawai`i County Charter to provide that the Salary Commission would operate independent of the Mayor and Council. Previous to this major change, Council approval was necessary for any salary increase (or decrease) for a County officer. The voters adopted this change in large part as an effort to “de-politicize” the process, and allow the Salary Commission to act free of influence from either the administration or Council.

Salary Commission members are non-paid citizen volunteers from our community. They have no “hidden agenda” or ulterior purpose other than to perform their duties consistent with the requirements of our Charter; to ensure that the salary and benefits of County officers “have a reasonable relationship to compensation in the public and private sectors.”

There are presently four vacancies on the nine-member Salary Commission. We are looking for dedicated and concerned citizens from Council Districts 4 (Hilo), 5 (Puna), 6 (Ka`u) and 7 (South Kona) to serve as Salary Commissioners. If you are interested in serving on this Commission, please fill out the application form below and email to Lashida@co.hawaii.hi.us. We will make sure you are considered for nomination to this very important County commission.

Take care, and have a wonderful week!

Application - Hawaii County Boards and Commissions

Aloha! Welcome to our message for the week of May 5, 2008.

What is the difference between the Charter and the Hawai`i County Code? The Hawai`i County Charter is much like a constitution for our County. State law allows all four counties (Hawai`i, Maui, Kauai and Honolulu) to create their own charter. The Charter organizes our County government into two distinct branches; the administration (headed by the Mayor) and the legislature (the Hawai`i County Council). The Council is responsible for the formulation of general policy for our County. They do this by crafting and passing legislation (our laws). These laws, called “ordinances,” become part of the Hawai`i County Code, the collective laws of our County.

On the other hand, the administration is responsible for carrying out and enforcing the laws passed by the Council. The doctrines of “separation of powers” and “checks and balances” ensures that both branches of our County government perform their specific functions, while providing built-in safeguards that prevent one branch from overreaching its authority into the jurisdiction of the other. Our County supports the “strong mayor, strong council” doctrine. This doctrine promotes the harmonious working relationship between the two branches, and encourages County officers and employees in both branches to work together to further the common good of our island community.

Since our Charter is much like a constitution, amending it is not easy. Only our voters may amend the Charter. The Council is required to pass an ordinance authorizing the amendment of the Charter. A “super majority” (6 Council votes) is required to allow the voters the opportunity to seek changes to the Charter. The bill must go through three public readings before the Council. Once on the ballot, the majority number of votes cast on the particular measure is necessary for the Charter amendment to pass. The Mayor is not involved in this process.

The process for amending the Hawai`i County Code is different. Council members introduce bills (ordinances) that require two public readings. A bare majority (5 Council votes) is required to pass a bill, unless it is a bill seeking to amend the County’s budget, which requires a super majority (6 Council votes). Once a bill passes through the Council, the Mayor has three options: The Mayor may (1) sign the bill into law, (2) veto the bill, or (3) do nothing.

If the Mayor does nothing, the bill becomes law without his/her signature. Sometimes mayors do this as a way of indicating they do not necessarily agree with the legislation passed by the Council, but do not feel a veto is appropriate.

If the Mayor vetoes the bill, the Council has the opportunity to override the veto. They may do this by garnering a super majority (6 Council votes). If the Mayor’s veto is overridden, the bill becomes law.

As we describe in our FAQ section of this website, our office cannot ethically dispense legal advice to the public at large. However, our office is always more than willing and happy to provide the public we serve general information concerning our County government, or steer you in the right direction to get your questions answered. I invite you to contact me via email at Lashida@co.hawaii.hi.us, or at (808) 961-8304, extension 118, if I may ever be of service to you. Take care, and have a great week!

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