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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
Creation date
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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It doesn' t really matter that much as long as <br /> the language isn ' t duplicated where you put it. <br /> CHAIRMAN SAKATA: It seems the best possible <br /> place would be under General Provisions in Article XIII. <br /> MR. ODA: Offhand, I _would think so. <br /> CHAIRMAN SAKATA: This really applies to all <br /> officials in the county. <br /> MR. ODA: Elected officials. Prosecuting <br /> attorney, councilmen and the mayor. <br /> MR. TRULSON: Mr. Oda, pertaining to vacancy. <br /> This would also go under Section 13, too, under definitions. <br /> MR. ODA: Under definitions , right. As I <br /> stated, Mr. Trulson, the definition is taken from many, many <br /> court cases which we kind of lumped into one definition. Some <br /> court cases only dealt with maybe item number 3; maybe another <br /> one only dealt with item number 5 , or number 7, or whatever. <br /> So what we did was we just combined "and made one definition <br /> out of all these little problems that ended up in court. I <br /> think that and resignation are clear cut. It' s no problem on <br /> that. You have problems when number 3, 4, 5 , 6, 7, after that, <br /> you might say. <br /> MR. TRULSON: Then actually what you have .done <br /> is covered every contingency. <br /> MR. ODA: That ' s right. But it cannot, as I <br /> said earlier, it cannot cover everything. Because you would <br /> have a charter about five inches thick, if you tried to. <br /> MR. OMONAKA: Is it the county' s obligation to <br /> impeach officials. . . <br /> MR. ODA: That is still up in the air, but my <br /> shotgun opinion on that would be, no. It can be initiated by <br /> the county council , itself, or whomever. Any person can <br /> initiate that. Impeachment generally goes through the failure <br /> of the official to act or not act, or whatever, so for the <br /> county to pay for that defense sounds a little unusual , you <br /> might say. <br /> MR. OMONAKA: Yes, and on the other hand , if <br /> you only have a hundred electorates that can initiate impeach- <br /> ment proceedings , if the guy is kind of unpopular, takes an <br /> unpopular position in the county council , he can be taken to <br /> court a lot of times. <br /> MR. ODA: A hundred seems like a small number <br /> but, on the other hand, I 'm not quite sure that the general <br /> population. .the average person. .is willing to take such a <br /> drastic step because they don ' t like one certain elected <br /> official ' s view. I know there are always a few extreme cases <br /> -19- <br />
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