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Department of the Corporation Counsel
Department of the Corporation Counsel

Mailing      200 South High Street Ste 915
Address:
    Wailuku, HI 96793-2155
   
Phone:    (808) 270-7740
Fax:         (808) 270-7152
Email:      corpcoun@mauicounty.gov

   

Mission: To support the County government by providing legal advice and representation that promotes the public interest.

Program Description: Corporation Counsel serves as legal adviser and representative to the Council, the Mayor, all departments, all boards and commissions and all officers and employees in matters relating to their official duties.

Board of Ethics
Charter Section 10-2. There shall be a board of ethics.

  1. The board shall consist of nine members appointed by the mayor with the approval of the council.

  2. The board shall:
    1. Initiate, receive, hear and investigate complaints of violations of this Article.

    2. Initiate impeachment proceedings against elected officers and officers appointed to elective office who are found by the board after investigation to have violated this Article. Such proceeding shall be brought in the name of the board which shall be represented by special counsel of the board's choosing.

    3. Render advisory opinions with respect to application of this Article on request. All requests for advisory opinions shall be answered within forty-five (45) days of its filing; failure to submit an advisory opinion within the forty-five (45) days shall be deemed a finding of no breach of this Article. (Amended 1992)

    4. Prescribe forms for the disclosures provided in this section and to implement the requirements of the disclosure provisions.

    5. Examine all disclosure statements filed and to comment on or advise corrective action as to any matters that may indicate a conflict of interest.

    6. Adopt such rules, having the force and effect of law, as will be necessary to provide for the enforcement of the provisions of this Article.


  3. In the course of its investigations, the board shall have the power to administer oaths and subpoena witness and to compel the production of books and papers pertinent thereto.

  4. The board, after due deliberation on issues before it, shall make findings of facts and conclusions of law regarding such issues and shall transmit the same to the appropriate appointing authority and the prosecuting attorney for appropriate disposition.

  5. If any officer or employee, or former officer or employee, obtains an advisory opinion from the board and governs himself accordingly, or acts in accordance with the opinions of the board, he shall not be held liable for violating any of the provisions of this Article.

  6. The council and mayor shall cooperate and provide financing and personnel reasonably required by the board in the performance of its duties.
Charter Commission
Charter Section 14-3. Mandatory Review. Not later than the first day of March, 2001, the mayor, with the approval of the council, shall appoint a charter commission composed of eleven members to study and review the operation of the government of the County under this charter.

The commission may propose amendments to the charter or draft a new charter which shall be submitted to the County clerk within sixteen (16) months after such commission has been appointed. Upon receipt of the amendments or new charter, the County clerk shall provide for the submission of such amendments or new charter to the voters of the County at any general or special election as may be deemed by the commission. Any special election shall be held not less than forty-five (45) days and no more than seventy-five (75) days after the receipt of the amendments or the new charter by the County clerk.

The commission shall publish not less than forty-five (45) days before any election, at least once in the newspaper of general circulation within the County, a brief digest of the amendments or new charter and notice to the voters that copies of the amendments or new charter are available at the office of the County clerk.

Following any special or general election on any proposed charter, or revision or amendment thereto, at intervals of ten (10) years, the mayor, with the approval of the council, shall appoint a charter commission composed of eleven members to study and review the operation of the government of the County under such amendments or new charter and to propose amendments or to draft a new charter in the manner herein above set forth. (Amended 1992)
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