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CHC 1979-06-12
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CHC 1979-06-12
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Last modified
7/19/2018 10:49:53 AM
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6/19/2018 9:49:05 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
6/12/1979
Type
MIN
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AGE CHC 1979-06-12
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. TRULSON: That would be under the Safety <br /> Coordinator then. <br /> MR. ODA: Under that section , yes. <br /> CHAIRMAN SAKATA: Under the impeachment of <br /> elected officers, Mr. Oda, you have here 100 qualified electors <br /> of the county. Would that include the county organization, <br /> administration we were thinking about maybe a number that <br /> is not enough, but checking through this State Statute all he <br /> needs is 25 persons to start impeachment proceedings. <br /> MR. ODA: We looked at that very carefully and <br /> the reason why I put 100 there was because if you look , you <br /> can tell when this impeachment law was passed, initially. It <br /> was 1905. Just below the. . .see that L1905 , the last line of <br /> this Hawaii Revised Statutes provision. Are you all following <br /> me? The Hawaii Revised State Statutes 62-13. The last full <br /> sentence in brackets, L-1905 . That ' s the law of 1905 , chapter <br /> 39, section 60. That ' s when this statute was passed. I don ' t <br /> think the number has ever been changed. <br /> MR. TRULSON: Mr. Oda, can we by charter change? <br /> MR. ODA: Oh, yes. <br /> MR. TRULSON: We can change a revised statute? <br /> MR. ODA: Certainly. <br /> MR. TRULSON: So our charter, then, supersedes <br /> the present Hawaii Statutes. <br /> MR. ODA: Let me see, now, it says not less than <br /> 25 persons. Okay? So you can make it anything above that so <br /> long as it is reasonably related to a valid justification. Now, <br /> the reason why we selected 100 is because Honolulu, for example, <br /> in its recent charter amendment, passed 500 people for impeach- <br /> ment purposes. If you look at the Honolulu excerpts that we <br /> included in the rough copy that was given to you. . .signed by not <br /> less than 500 qualified electors of the city. Honolulu with a <br /> population of 10 times what we have on this island, has 500 <br /> signatures required. We have on that proposal right now 100. <br /> Now, 100 doesn ' t seem like an awful lot of signatures, but <br /> impeachment being a very serious type of an allegation and charge, <br /> I don ' t think this commission or any governmental entity should <br /> keep it so that any mentally disturbed person can just file a <br /> petition for impeachment and put a public official in such a <br /> situation where he has to defend himself on a frivolous kind of . <br /> situation. So, you make a number large enough so that you have <br /> sufficient number of people who are concerned and yet make it <br /> at least a little bit difficult so no fly by night group of <br /> people who have an axe to grind against a public official can, <br /> just because they didn ' t like what he did, file an impeachment <br /> proceeding ..._ The question of numbers is a little difficult <br /> but it is a matter of judgment of what is reasonable in the <br /> county. <br /> -17- <br />
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