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GOEAC-73 Page 2 August 15, 2023 <br />candidate. He expressed his concern for a supermajority vote by the Council to fill any vacancy <br />so as to not create a majority where none had in fact existed. <br />Committee Member Heather L. Kimball concurred with Member Inaba's concerns with the <br />language of the bill regarding the timing element. Clerk Henricks cautioned about the danger of <br />specifying a particular kind of notification to initiate the filling of a vacancy and urged a reliance <br />on the judgement and discretion of people in power under such circumstances. Member Kimball <br />recommended against the use of the term "reasonable" in the bill as ambiguous. She noted the <br />conniving mind of Member Kaneali`i-Kleinfelder, but expressed her concern that the restriction <br />on declared candidates was unduly prescriptive and might prevent the Council from filling a <br />vacancy with the right person. She inquired about the possibility of a special election to fill <br />vacancies on the Council, to which Clerk Henricks indicated that he did not think a special <br />election would be cost prohibitive. <br />Committee Member Jenn Kagiwada noted that the five-day requirement for notice to fill a <br />vacancy did not seem in line with the charters of other counties and wondered if the shortened <br />time frame was due to the specific instance previously highlighted by Chair Evans. Chair Evans <br />clarified that the five-day requirement was applicable to the act of notice by the chair to the <br />remaining members and not applicable to the act of filling the vacancy. Member Kagiwada <br />wondered if the sixty-day requirement to take action to fill the vacancy would be retained. Clerk <br />Henricks explained how the vacancy procedures of the bill would operate logistically. Member <br />Kagiwada expressed her feeling that because the Mayor is elected by the entire county, the <br />Council should consider granting the Mayor the authority to fill a Council vacancy in the event <br />that the Council is unable to do so; and echoed Member Kimball's interest in a special election. <br />Committee Member Ashley L. Kierkiewicz asked Vice Chair Susan L. K. Lee Loy to share what <br />happened in a previous instance of a member of the council vacating a seat upon election to the <br />state legislature. Vice Chair Lee Loy explained that the vacancy lasted for one regular Council <br />meeting and the sine die meeting at the end of the term. Member Kierkiewicz expressed her <br />approval for special elections, mentioned the manner of filling vacancies for state office and <br />hiring the County Auditor as potential models for the Council to consider, and preferred that the <br />power to fill vacancies failing Council action should rest within the legislative branch and not be <br />transferred to the Mayor. <br />Committee Member Michelle M. Galimba appreciated the desire to shorten the time frame for <br />filling vacancies, but expressed concerns that an overly -short time frame might prevent the <br />Council from appointing the right person. She also expressed her enthusiasm for special <br />elections. <br />Members Inaba and Kaneali`i-Kleinfelder approved for the provisions of the bill providing that a <br />person who has been duly elected to serve the upcoming Council term shall automatically fill a <br />vacancy that occurs for that County Council district seat, but disapproved of the other provisions. <br />Mr. Yoshimoto floated the possibility of amending the Charter to provide that the terms of <br />Council Members commence and expire at the same time as those of members of the state <br />legislature. <br />GOEAC Report No. 73 <br />