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MIN CHC 1989-02-15
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MIN CHC 1989-02-15
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7/19/2018 10:49:51 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
2/15/1989
Type
MIN
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AGE CHC 1989-02-15
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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words , even though there ' s a difference in population, the <br /> at-large thing saved it , unless as a result of the at-large <br /> deal , your. . . there ' s really a way of cutting out people. <br /> CUSHNIE: My question or request from the population then <br /> comes that , for instance, Hilo and Kona both being large <br /> populated areas , ask for two representatives for two Council <br /> positions? One being North Kona, South Kona, North Hilo, East <br /> Hilo? Would they. . .are we going to be asked for <br /> reapportionment? Why (inaudible) . <br /> JUVIK: If you choose. . . only if you choose (inaudible) <br /> district. If we keep the same system, we can obviously <br /> (inaudible) . <br /> CUSHNIE: We can continue then? <br /> VAN DYKE: Yes , you can keep the same system without any <br /> constitutional barriers. <br /> CUSHNIE: Okay. <br /> BETHEA: Yeah, that ' s what I understood. The system right <br /> now works. I think that was one thing we needed to get out of <br /> the way, to be sure that in the 10 years since the last Charter <br /> Commission met, and I assume that they took this up, has the <br /> law changed? Can we keep this system? And if we can, then we <br /> know we have that option. We know that they' re are other <br /> options--single-member districts , or any other combination--and <br /> if we go that route, then we' re goinna have to be very careful <br /> to understand the requirements of the constitutional limitation. <br /> CUSHNIE: Thank you. <br /> VAN DYKE: As was pointed out , there have been Council <br /> races on this island where people've lost one election, but <br /> lost in their district from which they were housed. Another <br /> question, whether that. . . that was repeated phenomenon, perhaps <br /> then the constitution. . . the constitutionality might be <br /> challenged, but that ' s . . . <br /> BETHEA: You have a question? <br /> L'ORANGE: Is there any problem, constitutionally, with <br /> having two or more multi-member districts . Say we had three <br /> districts with three councilmen in each district collected <br /> at-large within their district? <br /> VAN DYKE: That can be constitutional and would be <br /> constitutional unless it was devised specifically to <br /> discriminate against some sub-group within that geographical <br /> setting. And in Hawaii I think it would be hard to show that <br /> 111 <br />
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