Friday, June 21, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, July 6, 2016
NextEra: Kouchi Asks for Formal Opinion from Attorney General (Full Text)
By News Release @ 11:20 PM :: 4785 Views :: Energy

Douglas S. Chin, Esq. Attorney General

RE: Request for Formal Legal Opinion: Public Utilities Commission (PUC) Article V, Section 6 Hawaii State Constitution vis-a-vis HRS sections 26-34 and 269-2

July 6, 2016

Dear Attorney General Chin:

I am informed that by letter dated June 27, 2016, you provided Governor David Y. lge with an informal opinion relating to the Public Utilities Commission - Interim Appointment and by letter dated June 30, 2016, you essentially reissued the June 27, 2016 informal opinion to Senator Rosalyn Baker.

The issue presented by Governor lge and Senator Baker was whether Governor Ige had the authority to make an interim appointment naming Thomas Gorak to the PUC to replace Commissioner Michael Champley, a de jure holdover commissioner pursuant to statute, after the Hawaii State Legislature, including the Hawaii State Senate, had adjourned sine die.

You assert that Hawaii State Constitution Article V, Section 6 confers interim appointing authority to Governor Ige and this authority cannot be limited by statute (HRS sections 26-34 and 269-2).

Questions presented:

1. You assert that Article V, Section 6 is "self-executing; it does not contain the phrase "as provided by law", and therefore, "the holdover provision contained in HRS section 269-2 cannot be read to qualify the self-executing powers conferred upon" Governor Ige to make an interim appointment. If Article V, Section 6 contains the phrase "as provided by law" in relation to the "term of office and removal of such members", can Article V, Section 6 be limited by HRS sections 26-34 and 269-2?

2. Assuming that Article V, Section 6 contains the phrase "as provided by law" in determining the "term of office and removal of such members", does the language contained in HRS section 269-2(a) stating that the PUC members "shall be appointed in the manner prescribed in section 26-34" limit the governor's interim appointing authority in Article V, Section 6?

3. Assuming that Article V, Section 6 contains the phrase "as provided by law" in determining the "term of office and removal of such members", does HRS section 26-34, Selection and terms of members of boards and commissions, prohibit replacement of a de jure holdover member?

See, HRS section 26-34(b).

4. Assuming that Article V, Section 6 is indeed "self-executing" and does not contain the phrase "as provided by law", are HRS section 269-2(a), requiring the appointment of members "in the manner prescribed in section 26-34" and HRS section 26-34(b) unconstitutional?

5. In light of your informal opinions via letters dated June 27, 2016 and June 30, 2016, are Attorney General Opinions 73-7 and 80-4 null, void and overturned?

6. Assuming that Article V, Section 6 is indeed "self-executing" and does not contain the phrase "as provided by law", are the at least fifteen other holdover statutes relating to various boards and commissions likewise unconstitutional?

In responding to the questions presented, please state your reasons therefore with specificity and detail, in order that this office will be able to properly inform the Senate in exercise of all of its rights and responsibilities as provided by law.

As time is of the essence, request is made that a formal Attorney General Opinion be issued forthwith. Thank you for your anticipated cooperation and if there are any questions with regard to the foregoing, please do not hesitate to contact this office.



Senate President

8th Senatorial District


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii