Akahane v. Fasi

565 P.2d 552, 58 Haw. 74, 1977 Haw. LEXIS 93
CourtHawaii Supreme Court
DecidedMay 31, 1977
DocketNO. 6248
StatusPublished
Cited by6 cases

This text of 565 P.2d 552 (Akahane v. Fasi) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akahane v. Fasi, 565 P.2d 552, 58 Haw. 74, 1977 Haw. LEXIS 93 (haw 1977).

Opinions

[75]*75OPINION OF THE COURT BY

KOBAYASHI, J.

This original action, brought by the city council of the City and County of Honolulu through its duly elected members (hereinafter city council or plaintiffs) against the Mayor of the City and County of Honolulu and its Corporation Counsel (hereinafter defendants), was submitted to this Court upon an agreed statement of facts pursuant to Rule 21,1 Rules of the Supreme Court of the State of Hawaii. Plaintiffs are seeking a judgment from this Court “[directing the Defendant Corporation Counsel to approve an appropriate contract between the City Council and a private consultant.”

Plaintiffs’ prayer for relief is denied under the circumstances of this case.

[76]*76ISSUE

The parties have agreed in their submission of this case upon an agreed statement of facts that:

The question in difference concerns the separation of powers between the legislative and executive branches of the government of the City and County of Honolulu. Specifically the issue can be bifurcated as follows: first, whether Plaintiff is authorized and empowered to employ independent contractors to perform consultative services; and second, if Plaintiff has the abovementioned authority, is this authority limited in exercise to valid legislative purposes.

Defendants, however, in their answering brief concede that the city council is authorized and empowered under the Revised Charter of the City and County of Honolulu 1973 (hereinafter “RCH” or “Charter”) to employ independent contractors to perform consultative services. Further, the parties do not dispute that this authority is limited in exercise to valid legislative purposes, except as otherwise provided by the Charter.

The basic issue as we see it is not whether city planning is a valid legislative purpose,2 but whether the expenditure of public funds by the city council for the purpose of employing an independent contractor to make a study for the formulation of a development plan for Kakaako, Honolulu, Hawaii, is authorized in the manner proposed by the plaintiffs and under the circumstances of this case.

STATEMENT OF THE CASE

The essential facts upon which this controversy depends are set forth in the agreed statement of facts; inter alia, as follows:

[77]*771. The City and County of Honolulu is a body politic and corporate whose structure is as provided by the Revised Charter of the City and County of Honolulu ....
2. That pursuant to §1-103, RCH, the government of the City and County of Honolulu (hereinafter “City”) consists of two coordinate branches known as the “Legislative Branch” and the “Executive Branch.”
3. That except as otherwise provided by the Charter, the legislative power of the City is vested in and exercised by the Plaintiff City Council; and except as otherwise provided by the Charter, the executive power of the City is vested in and exercised by the Defendant Mayor.
4. That pursuant to its legislative powers, Plaintiff City Council authorized the City, by Resolution No. 42 (1975), to apply for federal funds under the community development block grant program. . . .
5. That said community development block grant program was established by the Housing and Community Development Act of 1974 (P.L. 93-383) which has as its primary objective, as stated in §101(c) of said Act, “the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income.”
6. That pursuant to said Act that City’s application hereinabove referred to was approved and the City received or had committed for its expenditures $13,099,000.00 subject to the terms and conditions of the Grant Agreement . . . [which was] accepted on behalf of the City by the Defendant Mayor on May 30, 1975.
7. That of said $13,099,000.00, the sum of $906,000.00, as allowed by § 104(b) (1) of said Act, has been designated for contingency and/or unspecified local option activities ....
8. That of the said $906,000.00 designated for contingency and/or unspecified local option activities, $400,000.00 has been allocated to Plaintiff City Council as part of its legislative budget effective July 1, 1975, and [78]*78placed in a “Community Development Fund” to be expended by the Office of Council Services .... Subsequently on January 28, 1976, Resolution No. 27 (1976) . . . was adopted by Plaintiff which transferred these monies from Council Services to Plaintiff.
9. That of said $400,000.00 in the Community Development Fund, $250,000.00 is for expenditure in the development planning of the communities of Kakaako and Ewa,. .. which expenditures are within the purposes of §570.200(a) (12) of the Rules and Regulations established in accordance with P.L. 93-383. . . .
10. That if the expenditure of said $250,000.00 is for a purpose reserved by the Charter to the executive branch of the City government then the fact that the $250,000.00 is part of the legislative budget does not thereby legitimize its expenditure by the legislative branch.
11. That pursuant to §8-106.1, RCH, the presiding officer of the Plaintiff City Council has submitted to the chief budget officer a schedule showing the expenditure of said $400,000.00 in the Community Development Fund anticipated for each quarter of the current fiscal year....
12. That pursuant also to § 8-106.1, RCH, said schedule does not require the approval of nor can it be altered by Defendant Mayor, and the Plaintiff City Council may proceed without any other authority to incur obligations and make expenditures after the schedule has been submitted; provided that appropriations shown on the schedule are otherwise proper and expenditures pursuant thereto are not unlawful.
13. That Plaintiff City Council, as part of its legislative function, has ordained, effective January 23, 1976, the regulation, for an interim period extending until November 28, 1976, of the issuance of building permits for Kakaako. The stated purpose of this ordinance is to provide an interim in which Plaintiff might formulate plans which may involve amendments to the existing General Plan, Detailed Land Use Map, Development Plan and the Comprehensive Zoning Code, all as shown by Ordinance No. 4551, approved as to form and legality [79]*79by the Office of the Defendant Corporation Counsel and approved by the Defendant Mayor. . . .
14. That §§5-412.1 and 5-412.2, RCH, expressly authorize and empower Plaintiff City Council to revise or amend the City’s general plan or any existing development plan.
15. That pursuant to its legislative budget, §8-106.1, RCH, and Ordinance No.

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Akahane v. Fasi
565 P.2d 552 (Hawaii Supreme Court, 1977)

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Bluebook (online)
565 P.2d 552, 58 Haw. 74, 1977 Haw. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akahane-v-fasi-haw-1977.