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

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1 r Honorable Bob Jacobson May 26, 2004 Page 5 the general law of statutory interpretation in construing Issues 4 and 5 (the above-described charter amendments), we will likewise apply the Ohio constitutional provision as to retroactive legislation. We are buttressed in doing so by the decision of the United States Supreme Court, Citizens Against Rent Control v. Berkeley(1981), 454 U.S. 290, 295, 102 S.Ct. 434, 437, 70 L.Ed.2d 492, 498. where the court said that "* * * the voters may no more violate the Constitution by enacting a ballot measure than a legislative body may do so by enacting legislation." Issue 5 provides, in part, "* * * that consecutive terms of service on the council to which members were elected prior to December 1, 1993 shall be counted in determining eligibility for office under this section * * *." (Emphasis added). This is clearly an enactment which is meant to have retroactive effect. Such an enactment is proscribed by Section 28, Article II of the Ohio Constitution. Mirlisena, supra, 622 N.E.2d at 331-332. Other states that have grappled this issue conclude term limit legislation is not retroactive, and should have prospective application only. In U.S. Term Limits, Inc. v. Hill, 316 Ark. 251, 872 S.W.2d 349 (1994), the Supreme Court of Arkansas examined an amendment to the Arkansas Constitution, which established term limits on state constitutional officers, state legislators, and placed other limitations on candidates for United States Senate and United States House of Representatives. The subject amendment, approved by Arkansas voters, provided as follows: ARKANSAS TERM LIMITATION AMENDMENT An amendment to the Constitution of the State of Arkansas limiting the number of terms that may be served by the elected officials of the Executive Department of this state to two (2) four-year terms, this department to consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, Commissioner of State Lands; limiting the number of terms that may be served by members of the Arkansas House of Representatives to three (3) two-year terms, these members to be chosen every second year; limiting the number of terms that may be served by members of the Arkansas Senate to two (2)four-year terms, these members to be chosen every four years; providing that any person having been elected to three (3) or more terms as a member of the United States House of Representatives from Arkansas shall not be eligible to appear on the ballot for election to the