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2004-03 Council Member Term Limits Article III, Section 3-2, Hawaii County Charter
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2004-03 Council Member Term Limits Article III, Section 3-2, Hawaii County Charter
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Honorable Bob Jacobson <br /> May 26, 2004 <br /> Page 12 <br /> Conclusion <br /> We cannot say County Clerk Al Konishi's written findings concluding that <br /> those members of the council elected contemporaneously with the Charter <br /> amendment in the 1996 election must count their"1996 term" towards the term <br /> limit calculation, are erroneous. In fact, the County Clerk's conclusions appear to <br /> be consistent with the vast majority of national case law and precedent, and <br /> consistent with our belief of what a Hawaii court would so hold. <br /> Based on the foregoing reasons and authorities, the Hawaii County <br /> Corporation Counsel concludes the 1996 Hawaii County Charter amendment <br /> providing that council members shall be limited to four consecutive two-year <br /> terms, has prospective application only, and does not prohibit council members <br /> elected (or reelected) in that year (1996) from running for council office in the <br /> 2004 election. <br /> Very truly yours, <br /> LINCOLN S. T. ASHIDA <br /> Corporation Counsel <br /> Attachment <br /> cc: Honorable Harry Kim, Mayor (w/ attachment) <br /> Honorable James Y. Arakaki (w/attachment) <br /> Honorable J. Curtis Tyler, III (w/attachment) <br /> Honorable Aaron S. Y. Chung (w/attachment) <br /> Honorable Leningrad Elarianoff(w/attachment) <br /> Honorable Gary Safarik (w/attachment) <br /> Honorable Fred Holschuh (w/ attachment) <br /> Honorable Joe Reynolds (w/ attachment) <br /> Honorable Michael Tulang (w/ attachment) <br /> S: Departments/Corp CounseVOpinion 2004-03 5-26-04/LSAmr <br /> a <br />
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