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1996 Hawaii Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/saghi0039 and id is 1 raw text is: BENJAMIN J. CAYETANO MARGERY S. BRONSTER GOVERNOR ATTORNEYGENERAL JOHN W. ANDERSON FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN STREET HONOLULU, HAWAII 96813 (808) 586-1500 February 16, 1996 The Honorable Benjamin J. Cayetano Governor of Hawaii State Capitol Honolulu, Hawaii 96813 Dear Governor Cayetano: Re: Organizational Placement of Executive Branch Agencies By memorandums dated February 2 and 11, 1996, a member of your staff requested a copy of written legal advice that your staff member incorrectly believed to have been already issued regarding the constitutional validity of the placement of state executive branch agencies placed within the Office of the Governor. Although we had orally advised you of our concern about the constitutional validity of the placement of those agencies, we have not previously issued an opinion that explains our concerns. Consequently, this opinion serves to confirm our previous oral advice and to provide further explanation in support of our advice. We believe that the first paragraph of section 6 of article V of the Constitution of the State of Hawaii requires that state executive branch agencies be placed within the principal departments of the executive branch of state government, unless they are commissions or agencies that are both temporary and for special purposes. The Office of the Governor is not a principal department of the executive branch of state government. Therefore, any agency that is not temporary and for special purposes cannot be validly placed within the Office of the Governor. The first paragraph of section 6 of article V of the State Constitution provides as follows: All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and Op. No. 96-1

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