2004-03 Council Member Term Limits Article III, Section 3-2, Hawaii County Charter

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Findings: Review of Hawaii County Charter Provision on Council Term Limits I. Timing -- Need to Act Now This Office has conducted a review of the Hawaii County Charter term limit provision relating to County Council. There are questions relating to the application of the term limit . The questions have arisen because: 1) two important provisions were omitted from the 1996 amendment which established the limit; 2) there was no explanatory information provided to the voters relating to effective date and application; and 3) because there is no relevant legislative history relating to the Council bill which proposed the limit. Although this office is not legally required to take any action at this time, this office believes that a timely resolution of this issue should be facilitated. The worst case scenario would be for this office to remain silent until the July 20, 2004 candidate filing deadline. At that time, if candidates, intended candidates .or the public disagreed with the decision of this office, the 2004 elections could be disrupted or held under a cloud of litigation. By acting now, approximately one year prior to the first day candidates may obtain nomination papers on February 1, 2004 and approximately 18 months prior to the 2004 candidate filing deadline, all potential parties will have adequate time to carefully study the evidence and law and, if necessary, seek guidance from the courts. 1 More importantly, by raising these issues at this time, the courts would not be compelled to act within a compressed time frame, as it was with certain aspects of reapportionment. 2 This document is intended to be similar in substance and effect as the letter which was found to be the basis for a justiciable case or controversy in Fasi v. Cayetano, 60 Haw: 282, 588 P.2nd 915 (1978) II. Issue The basic issue is how to treat County Council terms to which persons were elected in 1996 simultaneously with the approval of the County Charter amendment.3 So far, no one has taken the position that the term limit should be applied retroactively to count terms served by Council members rp for to the 1996 General Election, although the amendment and related documents are silent on the issue. Also, no one has taken a 1�-