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2006-07-14 Letter to Constance Kiriu re Hawaii's Resign to Run Law and Charter Provisions Pertaining to Vacancies in County Elected Offices
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2006-07-14 Letter to Constance Kiriu re Hawaii's Resign to Run Law and Charter Provisions Pertaining to Vacancies in County Elected Offices
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Honorable Constance Kiriu <br />' July 14, 2006 <br /> Page 6 <br /> Thus, "two consecutive full terms of office" means 8 years. As discussed <br /> in Question 4, infra, the successor to the Mayor's Office in the 2006 election <br /> shares the 4-year term with the previous Mayor. The successor Mayor was not <br /> afforded a "full term of office" of four years, as is contemplated in our Charter. <br /> Based on this plain reading of our laws, the successor to the Mayor's Office in <br /> the 2006 election would be eligible for re-election in 2008 and 2012 without <br /> violating Section 5-1.2 of our Charter. <br /> 9. In the event an impeachment or recall of a Council Member(s) is <br /> successful, how do we go about filling their vacant seats on the <br /> Council? <br /> Replacement Council Members will be selected pursuant to Article III, <br /> Section 3-4 of the Charter, which provides as follows: <br /> When any vacancy occurs in the county council, the remaining members of the <br /> council shall appoint as a successor a person with the requisite qualifications to <br /> fill the vacancy. Within thirty days after the occurrence of any vacancy, the <br /> council chairperson shall notify all remaining members of the council by <br /> registered mail that on a specified regular meeting date, formal action shall be <br /> taken to fill the vacancy. Should the council fail to fill any vacancy within sixty <br /> days after its occurrence, the chairperson of the council shall appoint a successor <br /> to fill the vacancy for the unexpired term. The person appointed shall serve until <br /> a successor is duly elected and seated. <br /> 10. What if five or more presently seated Council Members are <br /> impeached or recalled, or otherwise leave their positions on the <br /> Council? How would replacement Council members be selected <br /> or elected? <br /> As noted in Article III, Section 3-4 of the Charter, "formal action" is <br /> required for appointing a successor to any vacancy on the Council. Article III, <br /> Section 3-7 of the Charter provides in pertinent part that, "The affirmative vote of <br /> a majority of the entire membership shall be necessary for council action." In <br /> sum, this means a minimum of five (5) votes are necessary for any formal action <br /> by the Council. If there are less than five seated members, the Council may not <br /> take any formal action. <br /> This conclusion is supported by the supplemental language found in <br /> Article III, Section 3-7 of the Charter, which provides in pertinent part as follows: <br /> A majority of the entire membership of the council shall constitute a quorum, but <br /> a smaller number may adjourn from time to time and may compel the attendance <br /> of absent members. Whenever the term"entire membership" appears in this <br />
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