CHC 1979-03-20 - Laserfiche WebLink

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MR. CADINHA: Yes, but it doesn ' t, as Stuart says, tell us what is constitutional and what is enforceable. CHAIRMAN SAKATA: Here is a memorandum from the County Clerk to Katsuya Yamada, Deputy Corporation Counsel , dated February 3 , 1976 and the subject is, "Your request for an opinion dated 11/10/75 pertaining to the 2-year resident elector requirement In our opinion of June 29, 1972, we advised your office that the 2-year resident-elector requirement was uncon- stitutional and, therefore, unenforceable. " MR. SCHUTTE: What you are asking, Harlan, though is, what is constitutional? MR. CADINHA: Yes. If we are going to rewrite this. If we are going to have any residency requirement, are we allowed to have any written in, number one? --.And, number two, if it is, what would hold up? I 'm just saying, Stuart ought to research that. That was my motion. MR. OMONAKA: Mr. Chairman. Is a motion necessary? Can the Chairman just instruct? We did pass a motion earlier. MR. CADINHA: Mr. Chairman, would you ask Stuart to research that. Actually, he does have the discretion to give it to himself. CHAIRMAN SAKATA: Mr. Oda, would you look into this matter of residency requirement' as suggested by Mr. Cadinha. MR. SCHUTTE: Mr. Chairman. While we are on the same Article. In Section 3-5---there has been some talk of vacancy in office. This is in regards to the county council. I ' think a question of this nature was raised in relation to a situation that exists right now ,with _the _council having one of their members ill and not able to perform. I think clarification of who makes this decision seems to be an important part of this particular section. It says here that "When any vacancy occurs in the county council , the remaining members of the council shall appoint as a successor a person of the same political party as the person he succeeds with the, requisite qualifications to fill the vacancy. Within thirty days after the occurrence of any vacancy the council chairman shall notify -all remaining members of the council by registered mail that on a specified regular meeting date formal action shall be taken to fill the vacancy., _ Should 'the council fail to fill any vacancy within sixty days after its occurrence, the chairman of the council shall appoint a successor to fill the vacancy for the unexpired term. " Now, this vacancy does not specifically say due to death or injury or sickness,' or what have you. But, the question arose, what happens when you have a situation where a councilmember is unable to perform his duties, unfortunately, what happens to representation from that particular district? - 11 -