Hawaii Government Employees' Ass'n v. County of Maui

576 P.2d 1029, 59 Haw. 65, 1978 Haw. LEXIS 167
CourtHawaii Supreme Court
DecidedMarch 22, 1978
DocketNO. 6524
StatusPublished
Cited by38 cases

This text of 576 P.2d 1029 (Hawaii Government Employees' Ass'n v. County of Maui) 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
Hawaii Government Employees' Ass'n v. County of Maui, 576 P.2d 1029, 59 Haw. 65, 1978 Haw. LEXIS 167 (haw 1978).

Opinions

[67]*67OPINION OF THE COURT BY

OGATA, J.

On February 18, 1977, a decision and final order was entered by the circuit court of the second circuit which upheld the validity of the revised Maui County charter provisions and denied the injunction prayed for by the plaintiffs-appellants (hereinafter appellants), Hawaii Government Employees’ Association, American Federation of State, County and Municipal Employees, Local 152, AFL-CIO; Leona C. Cravalho; Alvin M. Cortez; Charldine J. Apo; James M. Izumi; Misao Kubota, Reynante Tagorda, Robert K. Ohigashi, King Palmer, and James M. Watari, members of the Civil Service Commission, County of Maui; Donald Rickard, Joe Y. Kawamura, Toku Arakaki, Hattie Lopes, Edward Haole, David Nobriga, and Henry K. Koja, members of the Board of Water Supply, County of Maui; Hideo Niibu, Frank Gouveia, Pepito Ragasa, Hannibal Tavares, Wallette Pellegrino, and George Tamura, members of the Police Commission, County of Maui; Joseph Souza, and John Arisumi, Richard Caldito, Sr., Pauline Castañera, and Tokumi Tokuhisa, members of the Liquor Control Commission, County of Maui. Appellants now appeal to us from those adverse portions of the decision and final order.1 The defendants-appellees (hereinafter appellees) are the County of Maui and its duly elected, qualified and acting mayor, Elmer F. Cravalho.

We affirm the decision and final order except we reverse that part which relates to HRS chapter 76, part III.

[68]*68In 1967, the people of the County of Maui first adopted a charter which provided for their own local self-government. This charter by its own terms became effective on January 2, 1969. Prior to that date the government of the County of Maui was entirely statutory in origin. See generally HRS chapters 46, 52, 54, 61, 62 and 66. Thereafter, the charter commission of the County of Maui amended the charter in several respects, and at the general election held on November 2,1976, the Maui charter provisions, including the revisions, were ratified. The charter as so revised took effect on January 1, 1977, except those revised provisions of the charter which the circuit court temporarily restrained from implementation. In this opinion we shall refer to the Maui Charter as amended as the revised charter.

Except for paragraph 14 of section 13-2, and section 13-3, all of the challenged provisions of the revised charter are contained in article 8 of the revised charter and all pertain to the several departments of the County of Maui.

Appellants contend the provisions of the revised charter set forth in chapters 2 and 3 of article 8 which authorize the corporation counsel and the public prosecutor to appoint deputies and necessary staff who “shall be in the exempt class of civil service and shall serve at the pleasure of” such corporation counsel and public prosecutor are in conflict with HRS § 76-77, and, therefore, invalid.

Appellants further contend that the revised charter provisions of section 8-9.3 which vest in the Mayor rather than in the Maui County Civil Service Commission, as was the case in the past, the power to appoint and remove the county director of personnel services and which further require the director to perform such duties as may be assigned by the mayor, rather than the commission, in addition to the duties as are established under the civil service laws of the State are in conflict with HRS § 76-75, and, therefore, invalid.

Appellants further contend that the first paragraph of section 8-11.3 of the revised charter which substitutes the county planning director for the district engineer of the State department of transportation as an ex-officio, non-voting [69]*69member of the board of water supply, is in conflict with HRS § 54-12, and, therefore, invalid.

Appellants further contend that the remainder of section 8-11.3, and sections 8-11.4 and 13-3 of the revised charter which reduce and curtail all of the autonomous powers and authority of the board of water supply to manage and operate the Maui water works, granted to the board by HRS chapter 54, are in conflict with statutory provisions of HRS chapter 54 and, therefore, invalid.

Appellants further contend that the power of the police commission to remove the chief of police has been modified by section 8-12.3 of the revised charter; that such charter provisions which would require the commission to give to the chief of police information in writing of the charges leading to his dismissal and a hearing before the commission to effect his dismissal are in conflict with HRS § 52-34, and, therefore, invalid.

Appellants further contend that some of these charter provisions which were in effect when the Maui Charter was amended on November 2,1976, continued in effect under the revised charter, which appellants contend to be invalid for being in conflict with the laws of the State. These charter provisions are as follows:

1. Section 8-9.3 of the revised charter provides that the director of the department of personnel services “shall have had a minimum of five years of training and experience in personnel administration, either in public service or private business, or both, at least three of which shall have been in a responsible administrative capacity.” This section conflicts with HRS § 76-75, which provides that the personnel director of each county “shall, at the time of his appointment, and thereafter, be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration.”

2. Section 8-9.4 of the revised charter, which pertains to positions under civil service, as it applies to the administrative head of the department of water supply and his first deputy is in conflict with HRS § 54-14, since HRS § 54-14 [70]*70provides that the manager and chief engineer of each county board of water supply, who serves as administrative officer of the board, shall be subject to HRS chapter 77, and his deputy manager-engineer shall be subject to HRS chapters 76 and 77. Appellants also contend that this section of the revised charter in its application to the administrative head of the department of liquor control and his first deputy is in conflict with HRS § 281-17 (Supp. 1975).

3. Section 8-11.3 of the revised charter structures a board of water supply of seven members appointed by the mayor of the County of Maui with the approval of the Maui Council, plus two non-voting ex-officio members. It further provides that one of such non-voting ex-officio members shall be the director of public works and the other shall be the planning director of the County of Maui.

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Bluebook (online)
576 P.2d 1029, 59 Haw. 65, 1978 Haw. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawaii-government-employees-assn-v-county-of-maui-haw-1978.