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

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10 There is case law supporting the proposition that if a proposed amendment lacks an effective date, it should be deemed to have taken effect upon approval. However, if the proposed amendment had contained either an effective date or transitional provisions, its intent would be easier to ascertain. It could be argued that there are no transitional provisions because it was clear that the amendment was not intended to affect persons elected in 1996. 11 Typically, term limits have been enacted to prevent near permanent incumbency. However, the 1996 provision did not address issues relating to districts in which there are no incumbents, for example, because of redistricting or the retirement of the incumbent. If an incumbent Council member moves to a district with no incumbent and is elected, are terms served in both districts combined in computing the applicable term limit? This question is not examined here but is one which could arise in the future. 12 Section 15-2, Article XV, Hawaii County Charter 13 Resolution 298-96 14 Proposition 3, General Election 1998, Ordinance 98-78, Bill 229, Draft 2 15 Even if the amendment had been approved in 1998, it is not certain that the proposed retroactive expression of intent would be deemed relevant by a court considering due process aspects of the 1996 amendment. 16 SECTION 3 read: "Four-year terms of office for council members shall commence in the year 2000. To honor the spirit and intent of the 1996 term limitation Charter Amendment, this ordinance establishing conversion to four-year terms of office beginning in the year 2000 determines that any council members elected in 1996 and re- elected to office in the 1998 and 2000 general elections shall be eligible to serve consecutive terms of office until 2004 . This ordinance finds that incumbent council members elected in 1996 may serve two (2) year terms until the year 2000, and one (1) four-year term until the year 2004 . R- 13 �'