Comm No 0011.01 - Section 13-1 - Definition of Vacancy - Resign to Run

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llarry Kim Mayor Joseph K. Kamelamela Corporation Counsel Renee N.C. Schoen Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 • Phone (808) 961-8251 • Fax (808) 961-8622 December 4, 2018 Douglas Shipman Adams, Chair and members of the 2018-2020 Hawai'i County Charter Commission Re: Analysis of Article XIII, Section 13-1 (f) (9) regarding the definition of "vacancy" Dear Honorable Chair Adams and members of the Charter Commission: At the October 12, 2018 Charter Commission meeting, the Commission discussed one of the definitions of "vacancy" under Article XIII, Section 13-1 (f) (9) of the Hawai'i County Charter and whether a Hawai'i County Council member is required to resign from office upon the filing of nominations papers for the Hawai'i State Senate. The purpose of this memo is to provide the Charter Commission with our analysis of Article XIII, Section 13-1 (f) (9) of the Hawai'i County Charter. I. Question Presented. Whether a Hawai'i County Council member is required to resign from office upon the filing of nomination papers for the Hawai'i State Senate? II. Short Answer. A Hawai'i County Council member is not required to resign their position as a Council member upon filing of nomination papers for the Hawaii State Senate. III. Discussion. A. Plain meaning of Section 13-1 (f) (9). In the Hawaii State Supreme Court cases of Rees v. Carlisle, 113 Hawai'i 446, 452, 153 P.3d 1131, 1137 (2007) Thompson, 84 Hawai'i at 106, 929 P.2d at 1356, Dejetley v. Kaho'ohalahala, 122 Hawai'i 251, 262, 226 P.3d 421, 432 (2010), the Courts found that "The interpretation of the charter is similar to the interpretation of a statute.", therefore the following interpretation will follow statutory interpretation. We begin our analysis by looking at the plain meaning of Section 13-1 (f) (9). The Hawai'i Supreme Court has established the following rules for statutory construction: Comm. No. 11.1 Hawaii County is an Equal Opportunity Employer and Provider