COMM. 102 - Laserfiche WebLink

Home

• Mr. R. B. Legaspi -2- October 25, 1979 The Charter Commission' s authority is also established in the County Charter, County of Hawaii, 1968 . Section 15-3 provides in pertinent part as follows: "The commission may propose amendments to the existing charter or a draft of a new charter which shall be submitted to the county clerk. Upon receipt of the amendments or charter, the county • clerk shall provide for the submission of such amendments or charter to the electors of the county at either a general or a special election as determined by the commission. " (emphasis added) In understanding this provision, we find the following excerpt from the minutes of the third Charter Commission. helpful: "Shikada: Shouldn't there be somebody to call a special election if there is to be one? * * "Omonaka: The commission decides. "Koehnen: If you want the commission to decide, it would read: ' . . .at either a general or special election as determined by the commission. ' (emphasis theirs) • • Any discussion on the amendment? All those in favor say aye, opposed? The amendment is carried. " Hawaii County Charter Commission Minutes December 7, 1967, p. 25. Clearly, under the language of Section 50-10, H.R.S. ,. and Section 15-3 of the Charter, the Charter Commission has the authority to determine the date for a special charter election. It is our opinion that implicit in this authority is the power to redetermine or postpone the date of the special election. 2 . Section 50-10, H.R.S. , limits the authority of the • Charter Commission to schedule a special election as follows: • ". . . the special election shall hot be held within thirty days before the closing of the date for filing nominations for regular county elections. " We find no other limitation or qualification of the Commission' s authority to determine the date of a special election.