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HomeMy WebLinkAboutCOM 0816.001 1996-1998 ,4 Of h JOHN RAY ; ` y4(y~•; Hilo Phone: (808) %15265 Councilman r r Fax: (808) %9-3291 Waimea Phone: (808) 885-5875 ~rE •oF Fax: (808) 885-7184 , COUNTY COUNCIL J County of Hawaii Hawaii County Building 25 Aupuni Street( Hilo, Hawaii 96720 April 28, 1998 MEMORANDUM TO: James Y. Arakaki, Chair and Council Members FROM: John Ray (Vr ) SUBJECT: Corporation Counsel Opinion Re: Implementation Date of 1996 Term Limits Amendment Attached for your review is my letter of April 8, 1998 (with attachments) to the Office of the Corporation Counsel and a letter from Assistant Corporation Counsel Ted H. S. Hong dated April 16, 1998 responding to my questions regarding the effective date of the term limits charter amendment approved by Hawaii County voters in the 1996 election. This material provides some helpful background for our consideration of the proposed charter amendment I submitted last week regarding terms of office for members of the County Council. JR/rf Attachments Presented APR 2 9 1993 .0 Vol, J Stephen K. Yamashiro Richard Wurdeman Mayor corporation Counsel Oi•Mr+' EVUUfV of p?Ifunit OFFICE OF THE CORPORATION COUNSEL 101 Aupuui Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961.8251 • Fax (808) 961-8622 April 16, 1998 The Honorable John Ray Councilman Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Your Request for Opinion on Term Limits Dated April 8, 1998. Dear Councilman Ray: This letter is in response to your request for an opinion concerning the "Term Limits" Charter amendment of 1996. First, I would like to thank you for the comprehensive attachments to your April 8, 1998 letter. They were exactly what I needed to review before being able to respond to your request. A. Questions Presented: There were two questions posed in your April 8, 1998 letter: (1) Absent a specific date of enactment, when is the effective date of the November 5, 1996 amendment to the Hawaii County Charter (1991), concerning "term limits?" and, (2) Whether the proposed ordinance establishing a maximum of two, four year terms is acceptable? B. Summary of Response: (1) The effective date of the November 5, 1996 "Term Limits" Hawaii County Charter amendment is November 5, 1996, because the amendment, the official explanation of the amendment and the intent of the County Council did not state a specific date when it would become effective. The Honorable John Ray Page 2 April 16, 1998 (2) Although acceptable, Section 5 of the proposed ordinance should be changed to be patently clear concerning what years of prior service with the County Council will be considered or counted. C. Response: (1) Effective Date of the 1996 Charter Amendment. In this case, the effective date of the "Term Limits" Charter amendment is November 5, 1996. Ordinance No. 95-20, which became effective on January 25, 1995, placed a proposed amendment concerning "Term Limits" on the ballot for Hawaii County voters. That ordinance did not contain a date which the term of service limitation would begin to apply. The legislative history of that ordinance does not reflect any discussion concerning when the proposed amendment would take effect. Additionally, the official explanation to voters in the November 5, 1996 election failed to mention any date upon which the amendment would take effect. On November 5, 1996, the voters of the County of Hawaii overwhelmingly agreed with the proposal to limit County Council Terms. The Hawaii County Charter (1991) states that with respect to any amendment: If the majority of the voters voting upon a charter amendment votes in favor of it or a new charter, if a new charter is proposed, the amendment or new charter shall become effective at the time fixed in the amendment or charter. (Amended, 1990 Gen. Elec.) (Emphasis added) Article XV, Section 15-3, Hawaii County Charter (1991). Courts have generally recognized that: Unless otherwise provided by law, amendments of constitutional charters take effect from the date of their approval by the people. (Footnote omitted) (Emphasis added) McQuillan Municipal Corporations, Sec. 9.27, at 267 (3rd Ed.) (1996). In Hawaii, absent clear and express statutory language to the contrary, a law becomes operative upon the effective date of passage or adoption. See. Sec. 1-3, Hawaii Revised Statutes (hereinafter referred to as "FIRS"); State ofHawai'i Organization of Police Officers (SHOPO) v. Society of Professional Journalists-University ofHawai'i Chapter, 83 Hawai'i 378, 389-90, 927 P.2d 386, 397 (1996). In this case, the "effective date" of the charter amendment was November 5, 1996. 1 have carefully reviewed the Committee report and Council minutes concerning the passage of the The Honorable John Ray Page 3 April 16, 1998 underlying ordinance which placed the amendment on the ballot. There is no reference or discussion concerning any date upon which the amendment would take effect. Accordingly, the case law indicates that in these circumstances, the amendment becomes effective on the date the voters approved it. (2) The proposed ordinance establishing a maximum of two four year terms is acceptable. The proposed ordinance is acceptable. However, I recommend that Section 5 be clarified and rewritten. The ordinance must be as clear as possible in terms of what years of service will be counted towards the eight (8) year term limit. I understand that you may be interested in rewriting this section in light of my response to the first question. In that event, I would be happy to review any proposed language in an effort to avoid any future legal entanglements. Thank you for the opportunity to comment on this important matter. Please feel free to contact me if you have any questions or concerns. Respectfully yours, g;. Hong G Assistant Corporation Counsel ,I OP 4._ JOHN RAY Hilo Phone: (908) 961-8265 Councilman Fax: (808) 969-3291 s•.e Waimea Phone: (808) 885-5875 r1i~•oF' Fax: (908) 985-7184 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 April 8, 1998 Mr. Richard Wurdeman, Corporation Counsel Office of the Corporation Counsel, County of Hawaii Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Dear Mr. Wurdeman: I am writing to request that your office provide an opinion regarding the effective date of the 1996 amendment to the Hawaii County Charter which established term limits of four consecutive two-year terms for council members. That amendment was approved by an overwhelming 3-1 margin of Hawaii County voters in the 1996 general election. Upon review of enabling legislation and documentation which placed this measure on the ballot in 1996, there appears to be no apparent designation of an effective date when the eight years of consecutive council services commences. Attached please find copies of (I) Ordinance No. 95-20 effective January 25, 1995; (2) Finance Committee Report 258 dated May 14, 1996; (3) Resolution No. 298-96 dated June 3, 1996; (4) a facsimile of the proposed amendment as it appeared on the general election ballot of November 5, 1996; (5) the "Certification of Results" by the Office of the County Clerk indicating that the measure was duly adopted by a majority of the votes cast on November 5, 1996; (5) copies of council minutes of December 21, 1994 (1 st reading}, January 4, 1995 (2nd reading), and January 20, 1995 (final reading and passage of Ordinance to amend Section 3-2, Article III of the Hawaii County Charter). All of these documents are silent on the question of the effective starting date for council member term limits. Chief Elections Officer Dwayne Yoshina, contacted by telephone yesterday, offered a preliminary opinion that, in the absence of a declared effective date, a county charter would observe state statutes, which he believed to become effective immediately upon adoption by the voters and certification of election results. U ~ Mr. Richard Wurdeman April 8, 1998 Page 2 A clear reading of this question is required at the earliest possible date. It is my intention to introduce an ordinance to initiate a charter amendment to institute two four-year terms of office, rather than the present four two-year terms. At the same time, it is not my intent to alter the will of the voters to cap consecutive terms in office at eight years. Accordingly, I have drafted a proposed ordinance (copy attached) that would amend the charter to allow for four-year terms of office without in any way compromising the desire of the electorate to limit terns to 8 years in a row. In the absence of definitive language indicating intended deferral of implementation of term limits until the 1998 election year, it seems reasonable to conclude that the effective date is 1996, when this measure was officially adopted as a charter amendment. Your prompt attention to this inquiry will be greatly appreciated. Please advise me of the effective date of the 1996 charter amendment and the suitability of the draft ordinance for upcoming consideration by the Council. In order to meet the deadline for submission of the attached draft ordinance, I will need a written reply to this inquiry not later than April 22, 1998. Sincerely, John Ray Hawaii County Council cc: Legislative Auditor COUNTY OF HAWAII STATE OF HAWAII BILL NO. 5 ORDINANCE NO. 95 20 AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO SECTION 3-2, ARTICLE III OF THE HAWAII COUNTY CHARTER RELATING TO COMPOSITION AND TERMS OF THE HAWAII COUNTY COUNCIL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to propose an amendment to the Hawaii County Charter to provide term limits for county council members. SECTION 2. Section 3-2, Article III of the Hawaii County Charter relating to composition and terms of the county council is hereby amended to read: "Section 3-2. Composition and Terms. There shall be a county council composed of nine members. One member shall be elected from each of nine districts. The terms of the council members shall be two years and shall begin at twelve o'clock meridian on the first Monday of December after their election. The terms of the council members shall not exceed four consecutive two year terms. Candidates shall be nominated and elected in accordance with the election laws of the state." SECTION 3. Material to be repealed is bracketed. New material is underscored. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other portions of this ordinance. SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution shall provide that this amendment be submitted to the electorate of the county for approval at the neat general election. I RODUCE O I E COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: December 21, 1994 Date of lst Reading: December 21, 1994 Date of 2nd Reading: January 4, 1995 Date of 3rd Reading: January 20, 1995 Effective Date: January 25, 1995 95-ao D -jFFICE OF THE COUNTY CLERK n County of Hawaii Hilo Hawaii Wn 11 ' 1 ' i IL uu ROLL CALL VOTE., AYES NOES ' ABS EX Introduced By: Arakakl Date Introduced: Bonk-Abramson First Reading: ClWds Published: De Liao REMARKS: Osorio Rath pay Smith Third ROLL CALL VOTE 3tworrd Reading: J A mmr_y 7n. 1 9 9 5 AYES NOES ABS EX To Mayor: January 20. 1995 Returned: January 25, 1995 Bo~ X Effective: January 25, 1995 Bonk-Abramson X Published February 1, 1995 Childs X De Lima REMARKS: Domino X Osorio X Rath X Ray X Smith x 9 1 00 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as i ted above. / APPROVED as f ~~~~~^6 FORt and LE TY COL(NC AIRMAN } CORPORATION COUNSEL i COUNTY OF HAWAII O CLERK 9q v~tht ' f S a day of Ta~ - 19 4c AL4U'0R, co"-Ty OFHA WAU Bill No.: 5 Refermce: C-36 Ord No.: OFFICE OF THE COUNTY CLE- _ County of Hawaii H i 10 Hawaii ROLL CALL VOTE AYE NOES T _;is -I=x Introduced 13Y-- Jim Rath ARAKARI Datelntroduced: December 21, 1994 December 21, 1994 BOA-navauaON X First Reading: rnrrLD9 X Published: N / 4 DS LatA X R>rtif iRICS: DOWMG0 X OSORZO X RATE X RAY X ffiTE X 9 0 0 ROLL CALL VOTE Second Reading. January 4, 1995 A= NOES ASS Ex To Mavor. ARAXA T X Returned: HONK-ABRANSON X Effective: Published: mnS X DE LaD1 X ALIMRKS., D03ccu O X OSORSO X RATE X RAT X 37tITE X 7 2 0 0 HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated COUNCIL CHAIRMAN COUNTY Approved/Disapproved this day of , 19 MAYOR. COUNTY OF HAWAII Bill No.: 5 Reference: C-36 Ord. No.: = , 20 REPORT OF THE F , COMNUTTEE ON FINANCE DATE: May 14, 1996 RE: Comm. 1079' PLACE: Councilroom TUVIE: 1:40 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Finance, to which was referred Resolution No. 298-96, reports as follows: Resolution No. 298-96, transmitted by Council Chairwoman Keiko Bonk-Abramson on March 19, 1996, places the contents of adopted Ordinance No. 95-20 on the 1996 election ballot. The Hawaii County Council adopted Ordinance No. 95-20 after three readings on three separate days by the affirmative vote of no less than two-thirds of its entire membership with an effective date of January 25, 1995. Ordinance No. 95-20 amends Section No. 3-2 of the Hawaii County Charter (1991) by adding that the terms of council members not exceed four consecutive terms. Pursuant to Section 15-2 of the Hawaii County Charter, upon adoption of an ordinance proposing amendments or revisions to the charter, the council shall provide by resolution that the full text of the proposed amendments or revisions be published in at least two daily newspapers of general circulation in the county at least forty-five days prior to submission to the electors of the county. Pursuant to Section 11-I 19(b) of the Hawaii Revised Statutes, whenever the chief election officer is responsible for the printing of the ballots, the exact wording to appear thereon, including, but not limited to, questions and issues shall be submitted to the chief election officer of the state no later than 4:30 p.m. on the sixtieth calendar day prior to the applicable election. Your Committee on Finance concurs with the intent and purpose of Resolution No. 298-96 and recommends its adoption. BH AYES NOES A&E EX Respectfully submitted ARAKAKI X DE LIMA X COQ t E O IN E DOMINGO X SMITH X OSORIO X BRI LIMA, ACTING CHAIRMAN RAY X FINANCE REPORT NO. 258/ BONK-ABRAMSON C.O.M X ADOPTED: tj w n `l 1990 i Cot, OF HAWAII STATE OF l~ 'All RESOLUTION WHEREAS, pursuant to Section 15-1(a) of the Hawaii County Charter (1991), the Council of the County of Hawaii adopted Ordinance No. 95-20 after three readings on separate days, by the affirmative vote of no less than two-thirds of its entire membership, and with an effective date of January 25, 1995; and WHEREAS, Ordinance No. 95-20 proposes to amend Section 3-2 of the Hawaii County Charter (1991) by adding that the terms of council members not exceed four consecutive terms; and WHEREAS, pursuant to Section 15-2 of the Hawaii County Charter (1991), upon adoption of an ordinance proposing amendments or revisions to the charter, the council shall provide by resolution that the full text of the proposed amendments or revisions be published in at least two daily newspapers of general circulation in the county at least forty-five days prior to submission to the electors of the county, and WHEREAS, pursuant to Section 11-119(b) of the Hawaii Revised Statutes, whenever the chief election officer is responsible for the printing of the ballots, the exact wording to appear thereon, including, but not limited to, questions and issues shall be submitted to the chief election officer of the state no later than 4:30 p.m, on the sixtieth calendar day prior to the applicable election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby directs the Clerk of the County of Hawaii to take the necessary steps provided for in Section 15-2 of the Hawaii County Charter (1991), and to submit the amendments proposed by Hawaii County Ordinance No. 95-20 to the electors of the county at the next general election. BE IT FURTHER RESOLVED that copies of this resolution be sent to Dwayne D. Yoshina, Chief Election Officer of the State of Hawaii and the Clerk of the County of Hawaii. Dated at Hilo, Hawaii, this 3rd day of June 1996. INTRO,cUU ED BY: COUNCIL MEMBER, COUNTY OF HAWAII CRK • ROLL CALL VOTE COUNTY COUNCIL AYES NOES ABS EX County of Hawaii Hilo, Hawaii Arakaki X Bonk-Abramson X I hereby certify that the foregoing RESOLUTION was by the Childs X vote indicated to the right hereof adopted by the COUNCIL of De Lima X the County of Hawaii on June 3, 1996 Domingo X Osorio X Rath X ATTEST: Ray X Smith X 9 0 0 Reference C-1079/FC-258 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 298 96 9:f aLISH FACSIMILE BP'_. )T 001: D/P 01:1-2 SIDE 1 SIDE 2 T= B COUNTY OF HAWAII STATE OF HAWAII STATE OF HAWAII OFFICIAL BALLOT OFFICIAL BALLOT GENERAL ELECTION GENERAL ELECTION BOARD OF EDUCATION TUESDAY, NOVEMBER 5, 1996 SECOND SCHOOL BOARD DISTRICT PROPOSED AMENDMENTS (COUNTIES OF HAWAII, MAUI and KAUAI) TO THE HAWAII COUNTY CHARTER TUESDAY, NOVEMBER 5, 1996 VOTE BOTH SIDES (OVER) VOTE BOTH SIDES (OVER) This stub shall be removed by the Election Official only. 1st Departmental PROPOSAL 1. Council terms. Should the term of council members be limited School District aW811) so that their terms mr ceed four Vote For Not Mor Th llit~ 0 (1) consecutive two yea? FOX, Robert A. PRESENT PROVISIO resen Se tion WATANABE, Herbert + 3-2 of the Hawaii Cou Charter pro ides that council members are elec w year terms with no limit on the numb terms that a council member rv ad, PROPOS ED AME d, the N MENT: If apj Count Charter would ded rovide that the term of a o em will be /f-- limited to four copse utive two ye terms or a total of eight years w. This a endment ~~~~~~llll does not prevent a member fro Ing more than four terms as ong s are not consecutive. IF YOU AGREE PROPOSAL 1, V E -YE YES > + IF YOU DISAGRE PROPOSAL 1, V "N0. NO > + 2 PROPOSAL Vacanc in office. Should we eal ovision that creates a ac y w n an elected official run to nother lective office, during thei own m f office, and replace it wi r visi in that creates a vacancy ter he office sought overlaps he t rm f t office held? PRESENT PR ON: Presently Section 13-1 (f) (9 of the He ii County Charter provides that offic s declared vacant if the office holder Iles to run for another elective PROPO ED AMEND NE If approved, the County hartul be amended to provide that an o e would a declared vacant it the electe office ran for another elected office and t at 1 r n before the end of the term f th fic hel . An elected official could run I r ano her clad office, and retain the offic if the term b gan after the end of the term o e h d. IF YOU AGREE WITH PROPOSAL 2, VOTE "YES." YES > + IF YOU DISAGREE WITH PROPOSAL 2, VOTE "NO." NO > + Got VOTE BOTH SIDES (OVER) B 602 VOTE BOTH SIDES (OVER) B SB82 SBI J~~V.C~h1\ a n DONALD IKEDA CONSTANCE R. KIRIU County Clerk Legislative Auditor OFFICE OF THE COUNTY CLERK County of Hawn Hir"n County Building 25 Aupuni Street Hilo, Ha"ii 96720 CERTIFICATE OF RESULTS CHARTER AMENDMENTS COUNTY OF HAWAII I, Donald Ikeda, County Clerk of the County of Hawaii, do hereby certify that the following questions proposing amendments to the Hawaii County Charter (1991) were on the 5th day of November, 1996, duly adopted by a majority of the votes cast: 1. COUNCIL TERMS: Should the term of council members be limited so that their terms may not exceed four consecutive two year terms? YES 33,542 NO 10, 428 2. VACANCY IN OFFICE: Should we repeal the provision that creates a vacancy when an elected official runs for another elective office, during their own term of office, and replace it with a provision that creates a vacancy if the term of the office sought overlaps the term of the office held? YES 23,758 NO 18,333 In Witness Whereof, I have hereunto set my hand and caused the Seal of the County of Hawaii, State of Hawaii, to be affixed this 10th day of February, 1997. DONALD IKEDA COUNTY CLERK COUNTY OF HAWAII Hawaii County Council December 21, 1994 ORDINANCE: A Bill for an Ordinance numbered 5, initiates a BILL 5 Charter amendment to Section 3-2, Article III, of the (WAIVED/FC) Hawaii County Charter relating to Composition and (C-36) Terms of the Hawaii County Council--introduced by Mr. Rath. CHR. OSORIO: Mr. Rath. Mr. Rath moved for the passage of Bill 5 on first reading. Seconded by Mr. De Lima. CHR. OSORIO: Any discussion? Mrs. Bonk-Abramson, followed by Mr. Arakaki. MRS. BONK-ABRAMSON: I have a question for the maker of this bill. I know we discussed this in our previous format of the Council make up, and was the wording the same? The terms of the Council shall not exceed four consecutive two-year terms? Does that mean that you can have consecutive terms of eight years and then take a break, come back for another eight years or so if you get elected? MR. RATH: Right. And that's--- MRS. BONK-ABRAMSON: So you just can't do more than a consecutive amount of terms? MR. RATH: Yeah, you gotta take a break. MRS. BONK-ABRAMSON: Okay, thank you. CHR. OSORIO: Okay, Mr. Arakaki. MR. ARAKAKI: Thank you, Mr. Chairman. Mr. Chairman, I'll be voting for this bill today although I don't agree with all the items in the bill. I've voted against something like this in the previous Council but I do believe that the people do want term limits, therefore I'll be voting for it. What I don't agree on is the two-year terms. I really feel that we should have two four-year terms and no more than eight years of service, but I don't think I have the votes today to pass something like that. So I'll vote for it and let the voters decide that's the way they want to do it. 148 Hawaii County Council December 21, 1994 Perhaps in the future, I may introduce a bill for consideration by this Council to let the voters decide whether they would want a two-year or four-year Council term. Thank you, Mr. Chairman. CHR. OSORIO: Thank you, Mr. Arakaki. Mr. Domingo. MR. DOMINGO: Thank you, Mr. Chairman. I think Mr. Evans, this morning, brought up some good points in considering this matter this morning; and he indicated that there is a system and we keep in check and evaluate the performance of a politician every two years now, and I seem to go along with the same idea in feeling that the people should be the ones to alternately decide, and they do, as to who will be serving them in a County Council or any lawmaking body. I feel that to impose such limits upon this whole issue is also limiting the people and their right to decide an individual's ability to serve in government. People, by voting at the polls, have said that right, and what we will be doing is, in some ways, curtailing that right that is before them. But as often mentioned in this Council, if we would put this before the public and have them decide whether they really want it, I have no problem on this particular issue. One point to consider is, it's not, this comment is not made for any personal gain or anything because as you all obviously know, it probably won't affect me. CHR. OSORIO: At all, that's for sure. Any other comments? (There were none.) If not, Madam Clerk, would you call the roll? The roll call vote on Bill 5 was as follows: AYES: Councilmembers Arakaki, Bonk-Abramson, Childs, De Lima, Domingo, Rath, Ray, Smith and Chairman Osorio - 9. NOES: None. CHR. OSORIO: That's really good. Bill 5 is adopted on first reading. I hope you all feel the same way when it comes up again. 149 Hawaii County Council January 4, 1995 ORDINANCE A Bill for an Ordinance numbered 5, initiates a BILL 5: Charter amendment to Section 3-2, Article III of the (C-36) Hawaii County Charter relating to Composition and Terms of the Hawaii County Council, introduced by Mr. Rath on December 21, 1994 for first reading; was presented for the second of three required readings. Mr. Rath moved for the adoption of Bill 5 on second reading. Seconded by Mr. Childs. CHR. OSORIO: Mr. Ray. MR. RAY: Mr. Chairman, I support this bill and I also hope we support an eight year term limit with two four-year terms to go on the ballot and that we support an aggressive public education process prior to the neat election to address the voter's needs to really understand the issues involved. I strongly believe that two-year terms are a huge waste of time and money in many ways and that from an efficiency standpoint, the public would be much better served by four-year terms. Thank you. CHR. OSORIO: Mr. Arakaki. MR. ARAKAKI: I concur with Mr. Ray's remarks. I always felt that two four-year terms would be the way we should be going and I supported the eight year limit on two year terms because I believe in term limits. But I think what Mr. Ray suggested is more reasonable and I think that this Council should consider that and put that on the ballot and let the people decide which way they want. Thank you. CHR. OSORIO: Mrs. Bonk-Abramson. MRS. BONK-ABRAMSON: Well, I can see the pro's and con's of having four years rather than two years for personal reasons because you have to run for office every two years but the voter's did vote on it twice already and I think we've heard their idea about supporting two year terms. 213 Hawaii County Council January 4, 1995 In fact, this new body is elected because we had two year terms and it got changed around quite radically. I think that's what the voter's wanted so we can keep putting it back on that ballot but they wanted two-year terms, Mr. Ray and Mr. Arakaki. Like it or not, that's what they want. Thank you. CHR. OSORIO: Mr. De Lima. MR. DE LIMA: Well actually, that's not totally correct. The two-year term has always been tied to another issue. When it first was adopted by the voter's, it was tied to single member districts. It did not ever stand alone. The second time it was put on the ballot, it was tied to a term limit bill and that measure was not published in a time frame for it to appear legally on the ballot and as such, that was challenged. So I think there's a lot of room for indicating that there has never been a two to four year term placed on the ballot in a way that it was not surrounded with any legal challenge to allow the voters to decide that issue. Now I, for one, understand the value of a four year term and as Mrs. Bonk-Abramson indicated, there's pro's and con's. I think from a point of view of an elected official, four year terms serve a lot of benefits in not having to run. The cost of elections are extremely expensive. On the other hand, I think two-year terms are very effective by allowing the voters to be able to replace someone that they feel hasn't been responsive or doing the job and I can see both sides of the issue. I'm satisfied with the two year terms and I will be satisfied with four consecutive two-year terms, but I have no objection for the matter as Mr. Ray suggested be placed on the ballot. Thank you. 214 Hawaii County Council January 4, 1995 CHR. OSORIO: Any further discussion? (There was none.) Madam Clerk, call the roll. The roll call vote on Bill 5 was as follows: AYES: Councilmembers Bonk-Abramson, Childs, De Lima, Rath, Ray, Smith and Chairman Osorio - 7. NOES: Councilmembers Arakaki and Domingo - 2. CHR. OSORIO: Bill 5 is adopted on second reading. ORDINANCE A Bill for an Ordinance numbered 14, temporarily BILL 14: suspends the issuance of any building permit for a (WAIVED/ dwelling on a lot within the State Agricultural Land HSPWC) Use District by amending Chapter 5 (Building Code) of -82 the Hawaii County Code 1983, introduced by Mr. Rath. Mr. Rath moved for the adoption of Bill 14 on first reading. Seconded by Mrs. Bonk-Abramson. AMENDMENT: Mr. Rath moved to amend Bill 14 to Bill 14, Draft 2, as circulated. Seconded by Mr. Childs. CHR. OSORIO: Mr. Rath, would you explain Draft 2 as being different from the original? MR. RATH: Sure. The original measure was put on for a suspension of building permits. This clarifies that. It's the second dwellings, be it either ohana or farm dwellings. This, of course, is a temporary measure for a period of 60 days to be extended however by the Planning Director, that's the difference. CHR. OSORIO: Mr. Childs. MR. CHILDS: Thank you, Mr. Chairman. I wanted to ask the Planning Director, if she might be able to come forth for a question. (At this time, Planning Director Virginia Goldstein came forward to address the members of the Council.) 215 Hawaii County Council January 20, 1995 ORDINANCE A Bill for an Ordinance numbered 3, amends BILL Ordinance 94-71, as amended, the Operating Budget for (C_25) the County of Hawaii for the Fiscal Year ending June 30, 1995, by increasing revenues in the Federal Grants - Fed Transit Admin account by $361,000; and appropriates same to the Mass Transit - Motor Vehicle account; introduced by Mr. Rath on January 4, 1995, was presented for second and final reading. Mr. Rath moved for the passage of Bill 3 on second and final reading. Seconded by Mr. De Lima and carried by the following roll call votes: AYES: Councilmembers Arakaki, Bonk-Abramson, Childs, De Lima, Domingo, Rath, Ray, Smith and Chairman Osorio - 9. NOES: None. CHR. OSORIO: Bill 3 passes second and final reading. ORDINANCE A Bill for an Ordinance numbered 5, initiates a Charter BILL amendment to Section 3-2, Article III of the Hawaii (C-36) County Charter relating to Composition and Terms of the Hawaii County Council; introduced by Mr. Rath on December 21, 1994 for first reading and January 4, 1995 for second reading, was presented for third and final reading. Mr. Rath moved for the passage of Bill 5 on second and final reading. Seconded by Mr. De Lima and carried by the following roll call votes: AYES: Councilmembers Bonk-Abramson, Childs, De Lima, Domingo, Rath, Ray, Smith and Chairman Osorio - 8. NOES: Councilmember Arakaki - 1. CHR. OSORIO: Bill 5 passes third and final reading. 293