League of Women
Voters may be sued over
City Charter lawsuits

By Helen Altonn
Star-Bulletin

Corporation Counsel David Arakawa says he's looking into action against the League of Women Voters to recover fees and costs spent to fight league challenges on City Charter amendments.

"We had to hire outside attorneys to defend this," he said, estimating the total cost from $30,000 to $40,000 for three lawsuits.

"That's absurd," said league President Grace Furukawa, asking why the corporation counsel had to go outside for legal help.

The league contends the Charter Commission was formed illegally by Mayor Jeremy Harris and Council Chairman Mufi Hannemann, so its proposed charter amendments were illegal.

Three challenges have been dismissed by state courts, and Harris yesterday said the league "should stop wasting taxpayers' money by filing groundless lawsuits."

Furukawa said the league is conferring with its attorneys and will pursue the issue because it's important that the charter be interpreted properly.

In the latest decision, Circuit Judge Marie Milks said a "quo warranto" action used in the challenge was inappropriate.

Such actions usually are filed against public officers for usurping their office, but the commission members are not public officers under the charter, the judge said.

She also ruled that the action was inappropriate against the mayor, Hannemann and the city because there was no evidence they had usurped their offices.

Arakawa said, "This remedy -- an extraordinary remedy -- is not a means to reverse the decision made by public officials."

The charter says the mayor and Council chairman shall appoint a charter commission "on or before Feb. 1, 2001, and at intervals of 10 years thereafter."

The league says the commission shouldn't have been formed until 2001 and it was formed illegally by Harris and Hannemann to push through amendments for city government reorganization.

Harris and Hannemann said the language allows the commission to start work before 2001.

Arakawa said the commission probably will reconvene because it still has business to do and whatever emerges could be put on the ballot in the year 2000.

He welcomed the league's participation in the process, but said continuing to file lawsuits "is a waste of taxpayers' money."