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

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i COUNTY OF HAWAII STATE OF HAWAII BILL NO. 273 ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII COUNTY CHARTER (1991), AS AMENDED, ARTICLE XIII, SECTION 13-1, RELATING TO GENERAL PROVISIONS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1, Intent and Purpose. The change reflected in this ordinance is viewed by the Council as a sincere effort to bring the County Charter into harmony with the Constitution of the State of Hawaii, and the Hawaii Revised Statutes. As long as an elected County official fulfills their duties to the office there is no reason to force the elected official to vacate their office simply because they file papers to run for another office which begins after their current term ends. All County elected officials who wish to run for an elected office which begins after their term should be treated equally without regard to which office they wish to run for. However, if a County elected official wishes to run for an office, the term of which begins before the end of their current elected office, their seat should be considered vacant as soon as they file papers to run for election to a non -coterminous office. SECTION 2. Section 13-1 of the Hawaii County Charter (1991), as amended, relating to General Provisions is hereby amended to read as follows: ARTICLE XIII GENERAL PROVISIONS Section 13-1. Definitions. As used in this charter: (a) "Agency" means any office, department, board, commission or other governmental unit of the county. (b) "Executive Agency" means any agency or department of the executive branch of the county government. (c) "Employee" means any person, except an officer, employed by the county or any agency thereof but the term shall not include an independent contractor. (d) "Officer" includes the following: (1) Mayor and members of the council. (2) Any person elected or appointed as administrative head of any agency of the county or appointed as a member of any board or commission provided for in this charter. (3) Any person appointed by a board or commission as the administrative head of any agency of the county.