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official in an impeachment action. I found that unusual, it's not in the other Charters, and I looked at the Oahu Charter. My experience is that a lot of times you might perform an act that is within the scope of your duties, and some people may not be happy with that and may very well move to try and impeach you. In one situation Councilmembers accepted some funds from the State for marijuana eradication. It was sort of a "pass through" to the Police Department, but because they accepted the funds and because some people felt that there were insufficient program reviews of the whole program, there was an actual court case to impeach the Councilmembers. The Councilmembers themselves could not be represented by Corporation Counsel; they had to defend themselves on their own in Court. If you understand the way the State contracts, when they pass through money to the counties, they'll include a phrase in there that there is no indemnification from the state. So, they want you to do something, and they'll give you the money even if it's "pass through" money from the Federal Government, but they'll stick in a clause saying there is no indemnification. Not only did the Councilmembers have to defend themselves personally against impeachment, which they won, but they were also exposed to personal liability. I think it creates a "chilling factor" for the Councilmembers to perform their duties. Whether you agree or disagree with what they did, I think they should at least have the ability to be represented by the Corporation Counsel if they're performing duties within the scope of their job. And in that case, I believe they were. Those are the only two amendments that I have. Thank you. CHR. HAITSUKA: I have a question for you, Mr. Kimura. In the materials that you gave us today there is a proposed resolution from the Honolulu City Council, and there is some language underlined. Is that the language that you want us to look at and consider? MR. KIMURA: Pretty much, except for the title of the County. I think it says City and County of Honolulu and for Hawaii it would just be Hawaii County. CHR. HAITSUKA: Any other questions for Mr. Kimura? Thank you. Next we have Brenda Ford in Kona. (At this time Brenda Ford addressed members of the Charter Commission by videoconference form the Kona County Council Office.) MS. FORD: Good afternoon, I'm Brenda Ford. I'm speaking on Communication CA -4, ARTICLE XII, Removal of Elected Officers. I'm speaking on two different Chapters. Chapter 1 is on Recall. This section definitely needs some definitions in it. Some things that are in the body of the Chapter need to be defined in a better matter. I think that it is important that if somebody is recalled, they not be allowed to re -enter office. Currently, vacancies are filled- -and the section I'm about to refer to needs to be amended too - -by the County Council, or, if we cannot do it in 30 days, by the Chairman of the Council. I personally think that a special election should be held if there is more than six months left in the term of office for someone who has been either recalled or impeached. If somebody is recalled, I think they should not be allowed to enter an elective office for at least four years. And if a vacancy needs to be filled, and it's more than six months, I think a special election 3