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If adopted, this measure shall not apply retroactively to council members serving in <br /> <br /> council term 2004-2006. <br /> SECTION 2. Section 12-2.1, chapter 2, article XII, of the Hawaii County Charter <br /> (2000), relating to Impeachment, is amended to read as follows: <br /> "CHAPTER 2 <br /> IMPEACHMF_NT <br /> Section 12-2.1. Impeachment of Elected Officers. Any elected officer or officer <br /> appointed to a vacancy in any elected office may be impeached for malfeasance, misfeasance, <br /> nonfeasance, or maladministration in office. The circuit court shall be a court of impeachment <br /> for the trial of any such officer who may be charged on any of the foregoing grounds. The <br /> charges shall be set forth in detail in writing in a verified petition for impeachment signed [r~et <br /> i .w,.„ e ~.,,„a..,.a ii nm ,..t:ava oto,a~r~ ~r the ~ w__ 1 by not less than two percent of <br /> registered voters in the county in the last general election for impeachment of the mayor or <br /> ~rosecutinQ attorney orb not less than two percent of registered voters in the respective council <br /> district in the last general election for impeachment of a council member. Any person who signs <br /> a verified petition for impeachment of the mayor or prosecuting attorney shall be a re istgered <br /> voter in the county and any person who signs a verified petition for impeachment of a council <br /> member shall be a registered voter in the respective council district. <br /> The court shall sit without a jury and shall proceed according to the form required for the <br /> trial of all civil cases. <br /> If the court sustains the charge, the officer shall be deemed removed trom office and the <br /> office declared vacant under this charter." <br /> SECTION 3. Material to be repealed is bracketed and stricken. New material is <br /> underscored. Tn printing this ordinance, the brackets, bracketed material, and underscoring need <br /> not be included. <br /> SECTION 4. If any provision of this ordinance, or the application thereof to any person <br /> or circumstance, is held invalid, such invalidity shall not affect other provisions or applications <br /> of the ordinance which can be given effect without the invalid provision or application, and to <br /> this end, the provisions of this ordinance are declared to be severable. <br /> 2 <br /> <br />