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MIN CHC 2009-08-14.tif
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MIN CHC 2009-08-14.tif
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
2009
Meeting date
8/14/2009
Type
MIN
Document Relationships
AGE CHC 2009-08-14
(Related)
Path:
\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas
COMM. 024 Ford, B - Request for Presentation
(Related)
Path:
\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
COMM. 025 Site Locations for Public Hearings
(Related)
Path:
\County Clerk - Council\County Clerk\Charter Commission\2010\Agendas\Communications (agenda items)
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by mail, which is allowed by the State HRS, should be how the office is filled rather than by <br />the Council or by the Chairman of the Council. <br />Also, in Section 12 -1.1, Recall Procedure, under (b) it currently takes 25% of the qualified <br />voters in the Council's district to remove their Councilmember, or 25% of the registered <br />voters in the last general election. It may be, in the case of the Councilmember, that they <br />were elected in the primary election. It seems rather unfair for them to have won in the <br />primary, and then if you want to remove that person, a higher standard of qualified voters in <br />the general election would be used. I think you need to determine whether you really mean <br />general or you really mean primary or you mean whichever election in which that person was <br />elected, if that was the primary or the general. Also, it's 25 %, and I think that's far too high. <br />It's very difficult to recall somebody. I think that it should be a 15% or greater rather than <br />25% or greater. <br />In Section 12 -1.3, for signatures, this is the old style signatures. In the last general election <br />we passed the Initiative and Referendum, which made it much less likely for a person's <br />signature to be disqualified from a petition. I would refer you to that section where instead of <br />having their name, their signature, their residence address, and the date it was signed, we did <br />their name, as closely as it mimics their registered name in the general ledger of the County. <br />For instance, if you had a first name that could be shortened from Joseph to Joe and the <br />person signed Joe, under the rules that exist here, their signature could be disqualified from <br />the petition. I would suggest you see the Initiative and Referendum that we passed in the last <br />general election and use that for the signature line. It's the name, the signature that closely <br />mimics the general ledger, their address -- either mailing or residence - -and the last four digits <br />of their social security number. It's really immaterial what day of the week or date of the <br />month that they signed the petition because they will all be turned in simultaneously by the <br />committee. I think you should take a look at the days for filing and certification. They may <br />be too short, not giving sufficient time to allow the committee to take care of it. <br />Secondly, on Impeachment, you have no definitions in this section. For those of us who are <br />not attorneys, you have to look in something equivalent to Black's Law dictionary to <br />understand what malfeasance, misfeasance, nonfeasance and maladministration means. <br />Those should be well defined in this section, and I recommend Black's Law dictionary for <br />that. And for impeachment, which is usually an illegal act, it requires 2% of the registered <br />voters. I still think that is too high, it seem to me 1% of the registered voters would be more <br />reasonable. Again, whether it is the general election or the primary election, I hope you have <br />a discussion on that because it can be quite different in the number of people who are <br />registered, and those who vote. In the case of impeachment for an illegal act, or for <br />impeachment in general, I think that person should not be able to be re- elected to an office <br />for at least eight years. You may want to consider, since they've done an illegal act, that they <br />not be appointed to any office for that period of time. That concludes my comments, if you <br />have any questions I will be available. <br />CHR. HAITSUKA: Thank you, Ms. Ford. Do we have anybody in Waimea to testify? <br />MS. HANANO: We have no one here in Waimea to testify. <br />12 <br />
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