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Who makes the decision that he is unable to perform? What <br /> constitutes "unable to perform"? <br /> MR. TRULSON: Mr. Chairman. Perhaps a <br /> definition in the chapter as to what constitutes the vacancy. <br /> Is vacancy illness? Is vacancy death? Is vacancy the position <br /> is open? Perhaps a definition of the word "vacancy" would <br /> help. We have to know what "vacancy" means before you know <br /> what to do with it. That is unclear. Perhaps in the present <br /> situation, it is not really a vacancy, but more like a sick- <br /> leave. Maybe we should define "vacancy". <br /> MR. CADINHA: Well , in here it seems implied. <br /> It specifically says that after the--"within thirty days after <br /> the occurrence of any vacancy" which implies to me that on a <br /> specific date a vacancy occurs which would have to mean death <br /> or complete incapacity. <br /> MR. TRULSON: Well , a vacancy of position. <br /> The position is not vacant. He is not present but the position <br /> is not vacant. It has been filled by the voters. I 'm not <br /> arguing with you though we are looking at it from different <br /> ways. Certainly, he is vacant from the chair but he is not <br /> vacant from the position. The position , itself, is not vacant. <br /> As I say, perhaps a definition as it pertains to this section <br /> would help. <br /> MR. OMONAKA: I think the intent is the <br /> inability of the councilman to perform as a councilman. <br /> MR. TRULSON: That could be the intent and <br /> let ' s put the intent in black and white, then, if that is the <br /> intent of what vacancy means. . .a man is not able to perform his <br /> duty after an extended period of time, or he is dead, or is <br /> recalled or whatever. <br /> Maybe to settle that question we could define <br /> what a "vacancy" is. Perhaps different people can interpret it <br /> many ways, whereas if you have it defined there is only one <br /> interpretation. <br /> MR. SCHUTTE: Mr. Chairman, could we have our <br /> counsel check into that section -to define "vacancy in office" <br /> for us. <br /> MR. CADINHA: Mr. Chairman , a question for <br /> Stuart. Could you explain, very briefly, what impeachment <br /> proceedings would be? How does one begin to become impeached? <br /> How does it happen? <br /> MR. ODA: I 'm shooting from the hip, here, <br /> Mr. Chairman. My understanding of impeachment is, again , you <br /> look to the President of the United States , Richard Nixon. I <br /> would say it is a specific procedure provided--this charter <br /> doesn ' t provide a procedure, I suppose--it ' s a legal proceeding <br /> - 12 - <br />