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COMM. 038
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COMM. 038
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7/19/2018 10:49:52 AM
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AGE CHC 1979-04-10
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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HONOLULU CHARTER Art. 1 ec. 3-105 <br /> • ARTICLE III <br /> LEGISLATIVE BRANCH • <br /> CHAPTER 1 <br /> • COUNCIL . • <br /> Section 3-101. Legislative Power. The legislative power of the city shall <br /> be vested in and exercised by the city council, except as otherwise provided by <br /> this charter. <br /> • <br /> • <br /> Section 3-102. Number, Election and Terms of Office of Councilmen. <br /> The council shall consist of nine members.One member shall be elected from each <br /> of the nine districts hereinafter provided. The terms of office of councilmen shall <br /> be four years beginning at twelve o'clock meridian on the second day of January • <br /> following their election. <br /> Section 3-103. Reapportionment and Reapportionment Years. 1. The <br /> year 1973 and every eighth year thereafter shall be reapportionment years. <br /> 2. A council reapportionment commission shall be constituted on or <br /> before the first day of July of each reapportionment year and whenever reappor- <br /> tionment is required by court order. The commission shall consist of nine mem- <br /> bers. The presiding officer of the council shall, with the approval of the council. <br /> select the members of the commission, no more than a majority of whom shall <br /> be from the same political party. <br /> The commission shall elect a chairman from among its members. Any <br /> • vacancy in the commission shall be filled in the same manner as for an original <br /> appointment. The commission shall act by majority vote of its membership and <br /> shall establish its own procedures:The members of this commission shall not, in <br /> any manner,be deemed officers of the city.The commission and its members shall <br /> be subject only to the provisions of this section of the charter. Commission <br /> members shall be compensated and reimbursed for their necessary expenses as <br /> provided by ordinance. No member of the commission shall be eligible to become <br /> a candidate for election to the council in the initial election held under any <br /> reapportionment plan adopted by the commission. <br /> The city clerk, under the direction of the commission, shall furnish all <br /> necessary technical and secretarial services. The council shall appropriate funds <br /> to enable the commission to carry out its duties. <br /> 3. In effecting reapportionment, the commission shall be guided by the <br /> following criteria: <br /> (a) No district shall be so drawn as to unduly favor a person or political <br /> faction. <br /> (b) Districts, insofar as practicable, shall be contiguous and compact. <br /> (c) District lines shall,where possible,follow permanent and easily recog- <br /> nized features,and,when practicable,shall coincide with census tract <br /> boundaries. <br /> ' 4. On or before January 2 of the year following appointment, the corn- <br /> mission shall file with the city clerk a reapportionment plan, which shall become <br /> effective upon filing. <br /> 5. Any registered voter may petition the proper-court to compel, by <br /> mandamus or otherwise, the appropriate person or persons to perform their duty <br /> or to correct any error made in a reapportionment plan, or the court may take <br /> such other action to effectuate the purposes of this section_as it may deem <br /> appropriate. Any such petition must be filed within forty-five days of the date <br /> specified for any duty or within forty-five days after the filing of a reapportion- <br /> ment plan. <br /> • <br /> Case Notes <br /> • <br /> "Be from"same political party means"belong to";provision not unconstitutionally vague.56 <br /> H.519,542 P.2d 1272. <br />
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