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GOEAC-73 Page 3 August 15, 2023 <br />Vice Chair Lee Loy mentioned previous historical precedents on the Council to illustrate the <br />points of some of the members. <br />Chair Evans moved to postpone Bill No. 49 to the Governmental Operations and External <br />Affairs Committee meeting of June 20, 2023. The committee passed the motion unanimously. <br />Governmental Operations and External Affairs Committee Meeting of June 20, 2023 <br />Chair Evans moved to amend Bill No. 49 with the contents of Communication No. 305.5 and <br />explained the provisions contained in the amendment, specifically concerning a special election <br />to fill a vacancy on the Council. <br />Clerk Henricks rescinded his previous statement that a special election would be cost prohibitive <br />and referenced Communication No. 305.3, an itemized estimation for conducting a special <br />election, which he characterized as conservative. <br />Member Kimball inquired as to whether a special election could be conducted in a time period <br />shorter than the 120-day requirement provided by the amendment. Clerk Henricks noted that it <br />could be possible, but preferred the 120-day requirement over a shorter one, given everything <br />that goes into running an election. Elections Program Administrator Cori Saiki concurred with <br />Clerk Henricks and added that the County would have to handle all of the costs of a special <br />election. Deputy County Clerk Aaron Brown followed up with further details regarding <br />procurement procedures that the County would likely have to abide by in conducting a special <br />election. Member Kimball asked if any discussions with the Finance Director had taken place <br />with regard to budgeting for a special election, to which Chair Evans responded in the negative. <br />Member Kimball expressed her support for the amendment. <br />Member Kagiwada inquired about what would become of funds budgeted for a special election if <br />unused. Clerk Henricks stated that the funds would revert into the County budget's fund balance <br />and added that it would be irresponsible to fail to budget for a special election in anticipation that <br />a vacancy would not occur. <br />Member Lee Loy asked if there would be a period for certification and challenge of the results of <br />a hypothetical special election. Clerk Henricks confirmed that there would be. Member Lee Loy <br />expressed concerns that some of the mechanics of the amendment might not satisfy the <br />requirements for election certification and challenges. <br />Chair Evans asked Corporation Counsel Elizabeth Strance to clarify if the holding of a special <br />election as provided by subsection (b) of the amendment includes certification of the result. <br />Corporation Counsel Strance cautioned against writing any proposed charter amendments in an <br />overly -detailed manner that might raise the possibility of running afoul of State law. <br />Member Kierkiewicz supported the idea of a special election to fill a vacancy on the Council, but <br />inquired whether the rules and procedures of such an election could be placed in the County <br />Code or the Council Rules. Corporation Counsel Strance stated that an amendment to the Charter <br />is necessary. <br />GOEAC Report No. 73 <br />