BIL 049 Draft 02 2022-2024 - Laserfiche WebLink

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s 3 JNZY'.®F kt f COUNTY OF HAWAPI STATE OF HAWAPI gTt'0'¢'µ' ILL NO. 49 � (DRAFT 2) ORDINANCE AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article III, section 3-4, of the Hawaii County Charter (2022 Edition) is amended to read as follows: "Section 3-4. Vacancy in Office. O When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person with the [requisite] qualifications [to rye vaeafte�:] required by Section 3-3. Within [thy] five days (excluding Saturdays, Sundays, and legal holidays) after the occurrence of any vacancy, the council chairperson shall [nom] give reasonable notice of intent to all remaining members of the council [fry .egistefed ma-il] that on [a steed] the next regular meeting date, formal action shall be taken to fill the vacancy. The formal action shall be a motion approved by a majority of the council to appoint a successor to serve the remainder of the unexpired term. Should the council fail to fill any vacancy [within sixty days .,tee.,its n e,] at the designated meeting the [ehaifpefsen of the eeunei ] council chairperson, within five days (excluding Saturdays, Sundays and legal holiday shall appoint a successor with the qualifications required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. The person appointed shall serve until a successor is duly elected and seated. (b) No declared candidate for county council mayappointed to fill a vacancy, except when there is no more than one declared candidate for the vacant council district seat. (c) Notwithstanding subsection(a), any vacancy that occurs after a first special election or second special election in which a candidate for the council district seat that is vacant was duly elected in accordance with the election laws of the State shall be filled by the person so elected for the remainder of the unexpired term. (d) For the purposes of this section, "declared candidate" means: (1) Prior to or on the fifth day after the close of filing in accordance with Chapter 12 Hawaii Revised Statutes, any person having filed and not withdrawn nomination papers for elective office. (2) Subsequent to the fifth day after the close of filing in accordance with Chapter 12 Hawaii Revised Statutes, any person whose name the county clerk includes on the certified list of candidates who are entitled to be voted for at the first special election."