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

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 273 ( DRAFT 2 ) ORDINANCE NO. 96 86 A BILL FOR 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 his/her duties to the office, there is no reason to force the elected official to vacate that office simply because papers are filed to run for another office which begins after that respective term ends. A County elected official who wishes to run for an elected office that begins after his/her term should be treated equally without regard to the office being sought. However, if a County elected official wishes to run for an office, the term of which begins before the end of his/her current elected office, that seat should be considered vacant at the time one's nomination papers are filed 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. Exhibit A