HomeMy WebLinkAboutBIL 049 Draft 01 2022-2024
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAI‘I COUNTY CHARTER (2022 EDITION), RELATING TO VACANCY IN OFFICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Article III, section 3-4, of the Hawai‘i County Charter (2022 Edition) is amended to read as follows:
“Section 3-4. Vacancy in Office.
(a) When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person with the [requisite] qualifications [to fill the vacancy.]
required by Section 3-3. Within [thirty] five days (excluding Saturdays, Sundays, and legal holidays) after the occurrence of any vacancy, the council chairperson shall [notify] give
reasonable notice of intent to all remaining members of the council [by registered mail] that on [a specified] the next regular meeting date, formal action shall be taken to fill the
vacancy. The formal action shall be a motion approved by a majority of the council to appoint a successor to serve the remainder of the unexpired term. Should the council fail to fill
any vacancy [within sixty days after its occurrence,] at the designated meeting, the [chairperson of the council] council chairperson, within five days (excluding Saturdays, Sundays,
and legal holidays), shall appoint a successor with the qualifications required by Section 3-3 to fill the vacancy for the remainder of the unexpired term.
(b) No declared candidate for county council may be appointed to fill a vacancy, except when there is no more than one declared candidate for the vacant council district seat.
(c) Notwithstanding subsection (a), any vacancy that occurs after a first special election or second special election in which a candidate for the council district seat that is vacant
was duly elected in accordance with the election laws of the State shall be filled by the person so elected for the remainder of the unexpired term.
(d) For the purposes of this section, “declared candidate” means:
(1) Prior to or on the fifth day after the close of filing in accordance with Chapter 12, Hawai‘i Revised Statutes, any person having filed and not withdrawn nomination papers for elective
office.
(2) Subsequent to the fifth day after the close of filing in accordance with Chapter 12, Hawai‘i Revised Statutes, any person whose name the county clerk includes on the certified list
of candidates who are entitled to be voted for at the first special election.”
SECTION 2. Material to be repealed is bracketed and stricken. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the
Charter of the County of Hawai‘i, the revisor need not include the brackets, the bracketed and stricken material, and the underscoring.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 4. Upon adoption of this ordinance, the Council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawai‘i County for approval
in the 2024 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2024 general election, as duly
certified.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date: