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

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(4) Deputy, assistant or division chief appointed by the administrative head of any agency of the county. (5) Assistant or deputies of the corporation counsel and prosecution attorney. (e) "State" means the State of Hawaii. (f) "Vacancy" shall have the following meaning: Any elective office shall become vacant on the happening of any one of the following events before expiration of the term: (1) Death. (2) Resignation. (3) Upon the determination by the county clerk that the officer was not a duly qualified elector of the county, and, if required, not a duly qualified elector of the district of which the officer was elected immediately preceding the election or appointment. (4) Ceasing to be a resident voter of the county as determined by the county clerk and in the case of an officer elected to a seat requiring residency in a district, ceasing to be a resident voter of that district as determined by the county clerk. (5) Absence from the county, unless on county authorized business, for a period of three consecutive months, without good cause. (6) Removal by recall as provided by this charter. (7) Removal by impeachment proceedings for malfeasance, misfeasance, nonfeasance, or maladministration in office as provided by this charter. (8) Upon the determination by three impartial, licensed physicians selected by the council that the officer is mentally or physically infirm or disabled and will be unable to discharge the officer's duties for the remainder of the term. Such action shall be initiated by a majority vote of the entire council. (9) Upon filing nomination papers for another elective office [during the officer's own term of office.] if the term of the office sought begins before the end of the terms& the office held. (10) Upon the conviction of any felony in any jurisdiction. If any of the above events occurs after the election, but prior to the commencement of the term, office is vacant at the time the term commences." SECTION 3. New material is underscored. Material to be repealed is bracketed. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 2