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' ° • y `B-10—Hawaii Tribune-Herald,Sunday,September 14, 1979 ' -
<br /> PREAMBLE 'for an original appointment within fifteen(15)days after person appointed shall serve until a successor is duly
<br /> the vacancy occurs. elected at the next State or State and County election and
<br /> WE;THE PEOPLE OF THE COUNTY OF HAWAII,in (d) No member of the-commission shall be eligible to seated.The election shall be held in accordance with the -
<br /> the State of Hawaii,with due respect for and in support of become a candidate for election to the council in the first election laws of the State insofar as applicable.
<br /> the laws of the land,do adopt this CHARTER OF THE election held under any reapportionment plan adopted by The person elected as the successor shall serve out the
<br /> • COUNTY OF HAWAII, STATE OF HAWAII. the commission. unexpired term of the person he succeeds commencing at
<br /> (e)The County Clerk,under the direction of the com- 12 o'clock meridian on the first Monday of December •
<br /> mission, shall furnish all necessary technical and following his election. ,
<br /> ARTICLE I- . secretarial services.The council shall appropriate funds Section 3-7. Removal of Councilmen. Any councilman
<br />' INCORPORATION.AND to enable the commission to carry out Its duties,including may be removed by impeachment or,recall proceedings
<br /> ' GEOGRAPHICAL LEWIS the hiring of necessary staff. •as provided by this charter.
<br /> (f) The commission shall act br majority vote of its Section 3-8. Organization of the Council; Officers; •
<br /> Section 1-1. Incorporation.The people of the county of membership and shall establish its .own procedures', Employees. "
<br /> Hawaii shall be and continue as_a body politic and cor- except as may be provided for in this charter. (a)The council shall elect from among its members a .
<br /> porate by the name of"County of Hawaii,"hereinafter in (g)The commission may apportion the district council chairman and a vice chairman,each of whom shall serve
<br /> -. this charter Called"county."By.that name it shall have seats among the districts and redraw the district lines at its pleasure. Until such time as the chairman en&
<br /> . perpetual succession. where and when necessary according to law,based upon, presiding officer shall be elected,the mayor shall preside
<br /> Section 1-2.Geographical Limits.The island of Hawaii but not necessarily limited to,the.most recent federal at such meeting,provided that the mayor shall not have c--
<br /> _and:all,other islands within the shores thereof and the census. vote.The chairman shall preside at council meetings.If a
<br /> - waters adjacent thereto shall be the county of Hawaii. In effecting such-redistricting, the commission shall • any meeting the chairman is not present or unable to act;
<br /> 'also be guided by the following criteria: . the vice chairman shall then preside.In_the absence of the
<br /> •
<br /> (1)No district shall be so drawn as to Unduly favor a chairman and vice chairman,the council shall elect from
<br /> - - • ARTICLE II person,political faction-, or special interest group. among its members a temporary presiding officer. .
<br /> POWERS OF THE COUNTY (2)Districts,insofar as practicable,shall be contiguous (b) The council shall appoint the county clerk which - _
<br /> -- and-compact. position shall,be exempt from civil service laws and
<br /> Section 2-1.Powers of_the County.The,county shall have (3) District lines shall, where possible, follow per- classifications. The county clerk shall: • .
<br /> all powers possible under the constitution and laws of the manent and easily recognized features,and when prac- (1) Be the clerk ofthe council. .
<br /> State of Hawaii, including all.powers now or_hereafter ticable, shall coincide with census tract boundaries. • (2) Be custodian of the county seal. - .
<br /> .• given by such constitution'or IB*s;and all other.power$ ' (h) Not more than 120 days after the commission is (3) Conduct all elections held within the county.
<br /> 1-" not prohibited by such constitutionor.by this charter.The constituted,the commission shall cause to be published in . (4) Appoint the deputy county.clerk and the
<br /> ,county shall have such as fully andcompletely aa.. a newspaper of general circulation, a proposed reap- ' legislative auditor, with the approval of• the
<br /> - - though specifically enumerated"in this charter, and.no portionment plan prepared by the commission. At least council,and such positions shall be exempt from •
<br /> enumeration-of powers in this charter shall,be'deemed_ one public hearing shall be held in each council district .civil service laws and classifications.
<br /> exclusive-or restrictive. - - - - ••• within forty-five (45) days of initial publication. (5) Perform such other functions as the council
<br /> Section 2-2. Exercise of- Powers. All powers-of the ' (i) Not later than the last day of September of the may prescribe.
<br />' - county shall be carried into execution as provided by this' reapportionment,year, the commission shall publish a (6)- Appoint necessary staff for which ap-
<br />' . ' charter or, if the charter makes no provision, by or- final reapportionment plan in a newspaper of general propriations have been made by- the council,-
<br /> dinance or resolution of the county council• . , circulationand shall file such plan with-the County Clerk, subject to civil service laws and classifications,
<br /> at which time the plan shall become effective.Members of and exercise the same power with respect to the
<br /> ARTICLE III - . the commission shall hold office until the reap- personnel of his office as the department heads in •
<br /> LEGISLATIVE BRANCH portionment plan becomes effective. . the executive'branch. '
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<br /> COUNTY COUNCIL (j)Any registered voter may petition the circuit court to (c) The council may hire necessary staff to provide
<br /> compel, by mandamus or otherwise, the appropriate legal and research assistance to the council on all matters
<br /> Section 3=1:-Powers and Functions:--The-legislative person or persons to perform their duty or to correct any related to its deliberations or duties. Such legal and
<br /> powers of the county shall be vested in the county council. error made in a reapportionmem plan;-or the court-may research_assistance shall be exclusively advisory or in a
<br /> Its primary function shall be legislation and public policy take such other action to effectuate the purposes of this consultative capacity to the camel-No staff attorney- .
<br /> formulation,as distinct and separate from the executive section as It maya o shall represent the council or its members in. any
<br /> par deem ppr priate: Any such petition litigation, nor shall the staff issue any or other
<br /> administration of county government. — must be filed within thirty(30)days after the fWng of a opinion on nay legal matter which shall formalovor any •
<br /> • Section 3-2. Composition and Terms.There shall be a final reapportinment plan. related opinion from the office of the corporation counsel. •
<br />( - _ county council composed of.'seven members.' Five. ' Section 3-i.Qualifications.A person must be a citizen of The said staff shall not perform any duties that may be
<br /> . • councilmen shall be elected by the qualified voters of the the United States of America and have been a duly Inconsistent or in conflict with that of.-the-corporation
<br /> respective districts as hereinafter described, and two qualified resident of the county for at least one year im- -
<br /> councilmen shall be elected at-large. The terms of at- ' mediately preceding his election or appointment to the .
<br /> counsel.
<br /> large councilmen shall be tour years-and the.terms of county council. Where residency in a district is a All staff attorneys shall be appointed by the presiding
<br /> disMct councilmen shall be.two years.The terms shall requirement,a person must have been a resident voter of officer of the council,subject to the approval of a majority •
<br /> .• ' begin at twelve o'clock meridian-on the first Monday of. the district from which he is to be elected or appointed for thereof. Except as.to any staff attorney, who shall be
<br /> December after their election. Until the county reap- at least ninety (90) days immediately preceding the licensed to practice and it good -standing before the
<br /> portionmentas created hereunder acts,the Supreme Court of the State of Hawaii, merit principles
<br /> commission, , -primary election or his appointment. shall apply tothe selection of the remaining staff,pursuant .
<br /> district councilmen shall be elected as follows: .one Section 3=5. Compensation; Salary Commission. to law. All employees shall serve under the direct
<br /> councilman from the First State Representative District; (a)The salary of councilmen shall be,established by a supervision of the-presiding officer of the council. _.
<br /> two councilmen_ from the Second State,Representative salary commission which shall consist of nine members The salaries of the staff shall be fixed by ordinance.
<br /> District; - one, councilman from the Third •.State -appointed by,.the mayor without the approval of the Section 3-9.. Meetings; Rules and Journal;Voting and
<br /> - Representative District; and one couincilman from the council,-notwithstanding provision (b) in Section 12-4.. Quorum.The county council shall meet regularly at least
<br /> ' • Fourth State Representative District. Changes to any The members may be-removed by.the mayor.
<br /> e
<br /> _ . district-lines or boundaries shall be the exclusive province (b)me commission shall consist of nine members,six twice in every month at such times and places ns shall 11
<br /> of the countyreapportionment commission as pin of whom shall be representatives of the county established sbrule of theerr council. The'ss and shall
<br /> �° providedPdetermine its rules and order of business and shall -
<br /> this charter,and the said district boundaries shall remain geographical areas- of Puna, Ka'u, Kona, Kohala, provide for keeping a journal of its proceedings, which -
<br /> in effect until:the county.reapportionment commission Hamakua and Hilo, and three of whom shall be shall be a public record;In which the ayes and-noes shall
<br /> realigns-the said districts where necessary according to representative of the county-at-large. In addition, the
<br /> • the criteria set forth in Section 3-3. The person charged Civil Service Director and Deputy Civil Service Director be entered As required by this charter or at any other time
<br /> ber.
<br /> F. - with the duty of conducting elections in the county shall shall serve as ex-officio members of the commission in an upon the demand of.any me
<br /> ember The affirmative vote of
<br /> 1 prepare the nomination papers in such a manner that advisory capacity. • a majority of the entire membership shall be necessary
<br /> for council action.A majority of the entire membership of
<br /> candidates desiring to file for the office of councilman (c) The commission -shall establish its rules of
<br /> - - ,shall be able to specify whether theyare seeking the seatprocedure and adopt rifles and regulationsthe council shall constitute a quorum, but a smaller
<br /> p y g p having the number may adjourn from time to time and may compel
<br /> with a district residence requirement or the seat with no force and effect of law. the attendance of absent members.
<br /> ' , district residence requirement as the case may,be. (d) The commission shall review and compensate Section 3-10. Actions of the council. Every legislative
<br /> Candidates shall be nominated and elected in accordance councilmen and council chairman at an appropriate step act of the council shall be by ordinance. Non legislative —
<br /> . with the election laws of the state. within a salary range on the same basis as employees of -acts of the council may be by resolution and, except as
<br /> •bargaining units to assure a sensible relationship to an otherwise provided by law, no resolution shall have the -
<br /> •
<br /> Section 3-3. Reapportionment and°Reapportionment adequate scheme of compensation for the work they do. force and effect of law: Every ordinance shall be in-
<br /> -Years. - (As amended by Ordinance No.56,effective November 26,
<br /> in-
<br /> troduced-in writing and-in the form required for final
<br /> •
<br /> (a)Tine year 1983 and every tenth year thereafter shall 1974). adoption.The enacting clause of every ordinance shall be
<br /> - . - be reapportionment years. - : Section 3-6.Vacancy in Office. When any vacancy oc- „BE IT ORDAINED BY THE- COUNCIL OF THE .
<br /> L (b)A reapportionment commission shall be constituted curs in the county council,the remaining members of the
<br />�, COUNTY OF HAWAII and the enacting clause of every .
<br /> on or before -the first day of February of.each reap- council shall appoint as a successor a person of the same resolution shall be "BE IT RESOLVED BY THE •
<br /> portionment year and whenever reapportionment is political party as the person he succeeds with the requisite COUNCIL OF COUNTY OF HAWAII." '-
<br />( required by court order.The commission shall- consist of 'qualifications to fill the vacancy.Within thirty days after •
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<br /> eleven members. The cammlesion members. no More the occurrence of any vacancy the council chairman shall 'Section 3-11.Resolutions.Reading of resolutions may be
<br /> than a majority of whom shall belong to the same political notify all remaining members of the council by reps' membership:
<br /> tered by title only.A full g may be required by a one-third
<br /> - party, shall be representative of the various council mail that on a specified regular meeting date formal vote of the entire membership: _
<br /> districts and shall be appointed by the.Mayor and con- .action shall be taken to fill the vacancy.Should the council
<br /> Section 3-12. Ordinances.
<br /> firmed by the council. The commission shall' elect a fail to fill any vacancy within sixty days after its oc- (a)Ordinances shall-be initiated as bills which shall be
<br /> chairman from among its-members. currents, the chairman of the council shall appoint'a � ed only after two readings on separate days.Reading
<br /> (C)Any vacancy shall be filled in the same manner as successor to fill the vacancy for the unexpired term.The ofe bills may be requiredbtie by a Full irrd vote and public
<br /> F' • hearings may be by a one-third vote of the entire
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