06-11-2009, 02:39 PM
You can always remind the Mayor that under Hawaii State law, all laws, charters and codes require that words will be interpreted by their common meaning, and where any question arises, it will be interpreted most favorably to the intent and implementation of the law.
Chapter 16 states that a Community Development Action Committee SHALL succeed the Steering Committee upon adoption of a Community Development Plan.
So, was the Puna Community Development Plan adopted?
If so, did a Community Development Action Committee succeed the Steering Committee?
If the PCDP was adopted (and it was) and a Action Committee did not succeed the Steering Committee, Is the Mayor in violation of the law?
I would question him as to legitimate justification for the delay since the law states a Action Committee SHALL succeed the Steering Committee upon adoption of a Community Development Plan, and that is not the case for PCDP. The law does not say he has to wait for the adoption to start picking candidates, so he should have been ahead of the ball, not chasing it down the street.
UPDATE
Well, don't this just take the cake!?!
The word "SHALL" where it appears in laws. ordinances, regulations, and codes in Hawaii mean it's an absolute must. Example Hawaii says you Shall have GFI outlets in bathrooms on new homes. That means you must have them otherwise you fail inspection. You can't tell the building inspector that you will install them when you get to it. You can't say the regular outlets are fine because you have more pressing flooring decisions to make. You can't say you'll install them after the window coverings are in so they all match a color scheme. Shall means you will install them or you won't get a passing inspection.
But it appears that not so long ago, Hawaii legislators decided that Shall really means "when we feel like it" and Shall's absolute meaning only applies to the people. The average person shall do things when we say shall but we as governing officials exempt ourselves from shall doing something when the law says we shall do it. So, they added a provision in HRS that "Shall" will not have any time constraints. So everyone must absolutely do what a Shall says they must do unless they are government, then it only means they have to do it if and when they get around to it.
Chapter 16 states that a Community Development Action Committee SHALL succeed the Steering Committee upon adoption of a Community Development Plan.
So, was the Puna Community Development Plan adopted?
If so, did a Community Development Action Committee succeed the Steering Committee?
If the PCDP was adopted (and it was) and a Action Committee did not succeed the Steering Committee, Is the Mayor in violation of the law?
I would question him as to legitimate justification for the delay since the law states a Action Committee SHALL succeed the Steering Committee upon adoption of a Community Development Plan, and that is not the case for PCDP. The law does not say he has to wait for the adoption to start picking candidates, so he should have been ahead of the ball, not chasing it down the street.
UPDATE
Well, don't this just take the cake!?!
The word "SHALL" where it appears in laws. ordinances, regulations, and codes in Hawaii mean it's an absolute must. Example Hawaii says you Shall have GFI outlets in bathrooms on new homes. That means you must have them otherwise you fail inspection. You can't tell the building inspector that you will install them when you get to it. You can't say the regular outlets are fine because you have more pressing flooring decisions to make. You can't say you'll install them after the window coverings are in so they all match a color scheme. Shall means you will install them or you won't get a passing inspection.
But it appears that not so long ago, Hawaii legislators decided that Shall really means "when we feel like it" and Shall's absolute meaning only applies to the people. The average person shall do things when we say shall but we as governing officials exempt ourselves from shall doing something when the law says we shall do it. So, they added a provision in HRS that "Shall" will not have any time constraints. So everyone must absolutely do what a Shall says they must do unless they are government, then it only means they have to do it if and when they get around to it.