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minutes 04-12-00Page 20 of 26 <br />IRVINE: I just wondered if, actually, appointed officials can be impeached. Is that something that - <br />YUEN: You could put it in the Charter if you wanted to. It’s not in existence now. <br />IRVINE: Oh, okay. <br />YUEN: Right now the Charter only allows elected officials to be impeached. It’s a matter of if the Charter says so, you can <br />do it. <br />RAY: How unusual is that? Is there any precedent for that? <br />IRVINE: Yes, that’s the kind of thing I was wondering about. <br />HERKES: But do we want to do it? <br />YUEN: I would think it’s quite unusual because right now, the Department Heads can be removed by the Mayor with the <br />consent of the Council. They can be removed, the appointed Department Heads, The ones that are appointed by the Mayor, I <br />think, require consent of the Council. The ones that are appointed with the consent of the Council require the consent of the <br />Council to be removed. You think that’s wrong, Roland? I know Corp Counsel requires consent of the Council. <br />IRVINE: I looked this all up today and put it on this thing, and everywhere it says as in Section 13-4, people appointed by the <br />Mayor, confirmed by the Council , not that more than a bare majority of one political party, five-year terms, and removed in <br />the same manner. But that’s the Commissions. And then the Directors themselves are appointed and removed by the <br />Commission. <br />YUEN: Right. No, I’m speaking of things like the Planning Director. I know Corp Counsel requires the consent of the <br />Council to be removed and I have to look at the others. <br />HERKES: John? Maui says ‘appointed or elected officers may be impeached for malfeasance, misfeasance, or nonfeasance in <br />office or violation’ and then ‘such impeachment proceedings shall be commenced in the Circuit Court’, and the charges. And <br />they use 5% of the voters registered in the last General Election island-wide. 5% for the whole county, island-wide. <br />RAY: Okay, that’s a good one. That would give people a sense of empowerment. <br />HERKES: If it’s 5%. <br />RAY: That might be a good one to consider. Okay, and that might be a trade-off in getting it through, right? <br />IRVINE: That’s the kind of thing I was thinking of. If you want to up the number - <br />HERKES: Then we do island-wide, countywide. <br />IRVINE: I don’t know about - <br />RAY: We’ve all got to digest this and think it through. The rest of these we can go through pretty quickly, I think. <br />Special Counsel. I think we’re okay there. <br />Board of Appeals. I think we’ll pull that, right? It doesn’t make sense. That was tied to the other. <br />Department Head Qualifications, we’ll work on. <br />Police Commission. Seems okay. <br />Water Commission. District membership seems fine. <br />file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-12-00.htm7/1/2011 <br /> <br />