HomeMy WebLinkAboutCOM 0305.001 2022-2024 Office of Councilwoman Cindy Evans ..� � 25 Aupuni St., Ste. 1402
Countyo Hawai`i off` `
f .��„-�] ,� Hilo, Hawai`i 96720
Council District 9- - Phone: (808)961-8564
North and South Kohalaa p� E-mail: cindy.evans(o?hawaiicounty.gov
r
HAWA
tI COUNTY COUNCIL
k
Hawai`i County Building
25 Aupuni Street• Hilo,Hawaii 96720
n .
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
FROM: C` Cindy Evans, Council Member
DATE: May 24, 2023
SUBJECT: Proposed Amendment to Bill No. 49; A BILL FOR AN ORDINANCE TO
INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE
HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY
IN OFFICE.
Please see below a proposed amendment to Bill No. 49. The proposed amendment is shown in
Ramseyer format with respect to the contents of Bill No. 49; material to be added is underscored.
Due to the limited nature of this amendment, a copy of the new bill that would result if this
amendment were adopted is not attached.
SECTION 1 of Bill No. 49 that amends Article III, section 3-4 of the Hawaii 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 qualifications required by Section 3-3.
Within five days (excluding Saturdays, Sundays, and legal holidays) after the occurrence
of any vacancy, the council chairperson shall give reasonable notice of intent to all
remaining members of the council that on 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 at the designated meeting,the 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
Comm. No.
Ref.To:
Ref. too#,*_ MAY
I
i
i
i
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) The remainder of the unexpired term served by a council member filling a vacancy shall
not apply to the term limit set forth in Section 3-2.
(e) 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,
Hawaii Devised 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,
Hawaii Devised 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."
Mahalo nui.
CE.jp
I
Hawai`i County is an Equal Opportunity Provider and Employer
i