HomeMy WebLinkAboutCOM 0305.004 2022-2024 Office of Councilwoman Cindy Evans J��Y..OF A 25 Aupuni St., Ste. 1402
County of Hawai`i so�t � ,q� Hilo, Hawai`i 96720
Council District 9- ti�'�'�'` Phone: (808) 961-8564
North and South Kohala ;� E-mail:cindy.evans@hawaiicounty.gov
of
AWAPI COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street o Hilo,Hawaii 96720
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
Cf
FROM: Cindy Evans, Council Member
DATE: June 19, 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 find attached a proposed amendment to Bill No. 49. The proposed amendment is shown
below in Ramseyer format with respect to the contents of Bill No. 49; material to be deleted is
bracketed and stricken, and material to be added is underscored. A copy of the new draft of Bill
No. 49 that would result if this proposed amendment is adopted is attached.
SECTION 1 of Bill No. 49 that amends article III, section 3-4 (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 [fie ] with the qualifications required by Section 3-3[:]
by resolution adopted by a majority of its remaining members to fill the vacancy for the
remainder of the unexpired term. Within five days (excluding Saturdays, Sundays, and
legal holidays) after the occurrence of[any] the vacancy,the council chairperson shall
[give,on .ri i.lo natiee of intent to] notif
y all remaining members of the council that on
[the next fe � ,] a specified meeting date, formal action shall be taken to fill the
vacancy. [
u"Npviiic u ouee�
+ to se e the remainder of the u-nexpired to ] Should the council fail
to fill [ ] the vacancy [at the designated meefi gd within thirty days after its
occurrence, 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. The person appointed shall
serve until a successor is duly elected and seated.
Comm: No.
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when there is no mofe thffn--( ..-- dee'.-.-d eandidate fef thevaeant eouneil distfie4 •]
(0](b) Notwithstanding subsection (a), any vacancy that occurs [after a fiYn* speei ' eleefieft^ 1
veeend-peei,' ®leet ] during the period of time after an election in which a candidate
for the council district seat that is vacant was duly elected [in aeeer-aafteo with th
elee4ion laws of the a
State] but not seated shall immediately be filled by the person so �
elected to serve for the remainder of the unexpired term.
(c) 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.
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Mahalo nui.
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2
I
N ORDINANCE TO INITIATE AN AMENDMENT ARTICLE III, SCTI 3-
OF THE HAWAPI COUNTY CHARTER(2022 EDITION),RELATING TO VACANCY 3
IN OFFICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 3-4. of the Hawaii County Charter is amended to read as follows:
"Section 3-4. Vacancy in Office.
Lal When any vacancy occurs in the county council, the remaining members of the council
shall appoint [as] a successor [a-perse ] with the [requisite] qualifications [to
vacate] required by Section 3-3 by resolution adopted by a majority of its remaining
members to fill the vacancy for the remainder of the unexpired term. Within [thirty] five
days (excluding Saturdays, Sundays and legal holidays) after the occurrence of[any] the
vacancy, the council chairperson shall notify all remaining members of the council [by
ruga +area w��'] that on a specified [reg�r] meeting date, formal action shall be taken to
�cs�rticriarus'i
fill the vacancy. Should the council fail to fill [any] the vacancy within [si*ty] thirty days
after its occurrence, the [ehair-per-san of the eeiinefl] council chairperson, within five days
(excluding Saturdays, Sundays, and legal holiday shall appoint a successor with the
qualifications required by Section 3-3 to fill the vacancy for the remainder of the
unexpired term. The person appointed shall serve until a successor is duly elected and
seated.
(b,) Notwithstanding subsection(a) any vacancy that occurs during the period of time after
an election in which a candidate for the council district seat that is vacant was duly
elected but not seated shall immediately be filled by the person so elected to serve for the
remainder of the unexpired term.
(c) 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."
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 Hawaii, 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 Hawaii 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.
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