Chung’s interference ADVERTISING Chung’s interference “Separation of powers” describes the independence and responsibilities of the legislative, executive and judicial branches of government, per the U.S. Constitution. It prevents the concentration of power and provides checks and balances. Our County Charter
Chung’s interference
“Separation of powers” describes the independence and responsibilities of the legislative, executive and judicial branches of government, per the U.S. Constitution. It prevents the concentration of power and provides checks and balances.
Our County Charter places the Office of the Corporation Counsel within the executive branch, which is controlled by the mayor. Therefore, the mayor nominates and then the council may confirm the corporation counsel nominee. Confirmation or refusal to confirm are the only actions the council can make regarding that nominee.
I must take exception to Councilman Aaron Chung’s Bill 254 relating to appointment and dismissal of deputy corporation counsels within the Office of Corporation Counsel. For the council to interfere in the administrative hiring or firing of deputy corporation counsels is not allowed by the County Charter. Such interference also violates the constitutional intent of separation of powers and provision of checks and balances.
As an attorney, Mr. Chung must know this, and yet he placed Bill 254 on the agenda knowing it is not legal. It will not stand up in court. To place such an illegal bill on the agenda is a shameful act by any council member and, especially, a council member who also is an attorney. Bill 254 makes a mockery of our Constitution.
Council members, please read the U.S. Constitution which you have sworn to uphold!
During my terms as a council member, I expressed many concerns about the interpretation of the law by the Office of Corporation Counsel and have been proven correct by personally hiring outside attorneys to explain how the law should be interpreted and by multiple court rulings in the community’s favor.
However, in the case of Bill 254, I must object to its even being on the agenda or the council voting to enact it. It is the council’s sworn duty to defeat this illegal bill. Next time, do your homework and don’t allow an illegal bill to appear on the agenda!
Brenda Ford
Former County Council member, South Kona
