Friday, October 9, 1998



Election '98


Protests of
‘illegal’ process fail to
halt charter proposals

By Susan Kreifels
Star-Bulletin

Tapa

The Honolulu League of Women Voters lost its attempt yesterday to stop the City Charter Commission's eight proposals from being placed on the November ballot.

Attorney Chris Parsons, representing the city, said Family Court Judge Kenneth Enright, sitting in Circuit Court, denied the league's motion for a temporary restraining order.

Parsons said the motion asked that the commission be stopped from meeting, discussing or proposing anything to be placed on the ballot. But because the actions have already taken place, the court said a restraining order would be moot, Parsons said.

The judge also said the league failed to show there would be irreparable harm if the order was not made, according to Parsons.

"We're pleased that now the election can go forward without a cloud," Parsons said. "Now the voters have an opportunity to vote yes or no and decide if the city should be reorganized. It won't be a small group of people using the courts to stop the public from voting."

Grace Furukawa, league president, said the league was disappointed and "quite concerned" about the decision.

The league believes Mayor Jeremy Harris violated the City Charter when he appointed the commission.

"We still believe the process is illegal. Violation of the charter is a serious precedent of the government," Furukawa said. "Politicians can believe they do not have to follow the rules and are free to take as much power as they want if no one stops them.

"Why have a charter at all if you're going to ignore it?"

The charter, according to the league, says such a commission can be formed every 10 years, with the next one due in 2001.

Second, the charter says the commission is to be appointed 18 months before the election in which citizens will vote on the commission's proposals.

But the league said the commission was given only a few months to formulate the amendments for inclusion in the November ballot.

Furukawa said the league may take further legal action after the election.



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