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

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In contrast, the Hawaii County Council in 1996, when it drafted a proposed amendment to the Hawaii County Charter, (our island' s "constitution") to limit the consecutive terms County Council members could serve, it not only failed to follow the concept of the term limits for President, Governor and Lieutenant Governor,9 it also failed to include an effective date and transitional provisions relating to: A. Did terms (or partial terms) served prior to the effective date of the amendment count towards the eight year term limit; B. Would a term to which a person could have been elected to in the Primary Election of 1996 count towards that person' s eight year term limit; and C. Did a term, to which a person was elected to simultaneously with the approval of the amendment count towards that person' s eight year term limit. The lack of a stated effective date10 coupled with the lack of transitional provisions probably does not render the Council term limit ineffective, however, , it does create due process and other constitutional issues relating to persons elected to the Council in 1996. Other potential issues, created by the failure to follow the federal and state constitutional models, could be the basis of additional questions, but they were not considered in this review. " B. No relevant legislative history. A source which might normally provide guidance, does not exist in this case. As discussed below, the 1994-1996 Council did not produce any committee reports (it chose to waive a committee referral -- see attached Exhibits referred to below) or engage in relevant floor discussion to provide legislative history or insights into the intent of the amendment as it relates to these issues. Again, this would not normally be fatal to a measure, but coupled with the above discussed omissions, it eliminates an unimpeachable, unaltered and disinterested source relating intent or purpose of the measure. C. Lack of clear explanatory information to the voters. . The 1994-1996 County Council missed a second opportunity prior to the 1996 election to provide clear and complete guidance on these issues. In June 1996, pursuant to the provisions of the County Charter, 12 the County Council adopted a resolution 13 requiring that public notices be run in the two R 3