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If adopted, this measure shall not apply retroactively to council members serving in <br />council term 2004 -2006. <br />SECTION 2. Section 12 -2.1, chapter 2, article XII, of the Hawaii County Charter <br />(2000), relating to Impeachment, is amended to read as follows: <br />"CHAPTER 2 <br />IMPEACHMENT <br />Section 12 -2.1. Impeachment of Elected Officers. Any elected officer or officer <br />appointed to a vacancy in any elected office may be impeached for malfeasance, misfeasance, <br />nonfeasance, or maladministration in office. The circuit court shall be a court of impeachment <br />for the trial of any such officer who may be charged on any of the foregoing grounds. The <br />charges shall be set forth in detail in writing in a verified petition for impeachment signed [net <br />l,,.... than ,. a 1,....,red (100 quahava vie,..ars; ofthe e ......1 by not less than two percent of <br />registered voters in the county in the last general election for impeachment of the mayor or <br />prosecuting attorney, or by not less than two percent of registered voters in the respective council <br />district in the last general election for impeachment of a council member. Any person who signs <br />a verified petition for impeachment of the mayor or prosecuting attorney shall be a registered <br />voter in the county, and any person who signs a verified petition for impeachment of a council <br />member shall be a registered voter in the respective council district. <br />The court shall sit without a jury and shall proceed according to the form required for the <br />trial of all civil cases. <br />If the court sustains the charge, the officer shall be deemed removed from office and the <br />office declared vacant under this charter." <br />SECTION 3. Material to be repealed is bracketed and stricken. New material is <br />underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need <br />not be included. <br />SECTION 4. If any provision of this ordinance, or the application thereof to any person <br />or circumstance, is held invalid, such invalidity shall not affect other provisions or applications <br />of the ordinance which can be given effect without the invalid provision or application, and to <br />this end, the provisions of this ordinance are declared to be severable. <br />2 <br />