HomeMy WebLinkAboutCOM 0305.005 2022-2024 Office o,f Councilwoman Cindy Evans �. T � 25 Aupuni St., Ste. 1402
County ofHawai`i ��^ C �� Hilo,Hawai`i 96720
Council District 9- Phone: (808) 961-8564
North and South KohalaE-mail:cindy.evans@hawaiicounty.gov
hawaiicounty.gov
OF
HAA WAPI COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street •Hilo,Hawaii 96720
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council ,
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.
Transmitted herewith is 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 I 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.
Any vacancy in the county council shall be filled in the following manner:
(a) [SarV11 a any PCGV CG1iVT�eeetifs N the nt ��',] If the unexpired term is
1111
eighteen months or less, the remaining members of the council shall appoint [as] a
successor [apersert] 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,-easo able..,otieo of ifite t to] noti all remaining
members of the council that on [the ext„ag„'af] a specified meeting date, formal
action shall be taken to fill the vacancy. [The f4mal .,c4ia,, shall be a r,otio,,
femaindef of the unexpired ] Should the council fail to fill [a"] the vacancy
[at the designated ineefiiigd 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
Hawai`i County is an Equal Opportunity Provider and Employer Comm' No'— U"".,
Ref.To: 1 -7.OW-
Ref. nate - ,L9�
vacancy for the remainder of the unexpired term. The person appointed shall
serve until a successor is duly elected and seated.
[ ,
d' ]
(b) If the unexpired term is more than eighteen months the vacancy shall be filled by
special election. Within ten days (excluding Saturdays Sundays and legal
holidays) after the occurrence of the vacancy, the council shall through its clerk
issue an election proclamation announcing that a successor shall be elected to fill
the vacancy for the remainder of the unexpired term in a special election to be
held within one hundred and twenty days after the occurrence of the vacancy. The
special election shall be held in accordance with the election laws of the State
insofar as applicable. Within five days (excluding Saturdays Sundays and legal
holidays) of the issuance of the election proclamation a temporary successor with
the qualifications required by Section 3-3 shall be appointed by the council
chairperson to fill the vacancy until a successor is duly elected.
(c) Notwithstanding subsection(a), any vacancy that occurs [arta„ a fi fst sno„;„'
leetie of second speeial eleeti ] during the period of time after an election in
which a candidate for the council district seat that is vacant was duly elected [ice
aeeofdanee with the eleetion laws f the St t ] but not seated shall immediately
be filled by the person so elected to serve for the remainder of the unexpired term.
[(d) Foo the pe-Foses of this se , " eelafeew.didate—means
r,) Pfie.t„ n the fifth,�a aftef the alas„of filing; o,.a„nee wit
t.� i aivi w yr vii circ.
Chaptef
z
Hawai'i Revised Statntes, any per-son hwing filed and not
withdrawn nomination n s f, 1 t' r�
ry
(2) Stibsequent to the fifth day aftef the elose of filing in aecor-danee wi
Chaptef
> Hawaii Revised Stanites,
any per-son whose naffie the eotn#yvoted for-at the fifst speeial ]
(d) The remainder of the unexpired term served by a council member filling
vacancy shall not apply to the term limit set forth in Section 3-2."
Mahalo nui.
CE.jp
2
a
4i
I
t
AN ORDINANCE T INITIATE ANAMENDMENT T ICE III, SECTION S-
OF THE HAWAPI COUNTY CHARTER(2022 EDITION),RELATING TO VACANCY
IN OFFICE.
BE IT ORDAINEDY THE COUNCIL OF THE COUNTY OF AI`I:
SECTION 1. Section 3-4. of the flawai`i County Charter is amended to read as follows:
"Section - . Vacancy in Office.
Any vacancy in the county council shall be filled in the following manner:
(a) [When any v „eaney eeeu •1�,o �e ',] If the unexpired term is
v�tivull �,+ +t�CST1�S1 CLIC�i��� -"®'C{[I'�j
eighteen months or less, the remaining members of the council shall appoint [as] a
successor [a-persen] with the [feduis-it-e] qualifications [to fill the.,,,eaney.]
required by Section 3-3 by resolution adopted by a mgiority 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 [may fegister-e mail] that on a specified [reg r] meeting
date, formal action shall be taken to fill the vacancy. Should the council fail to fill
[any] the vacancy within [sixty] thirty days after its occurrence, the [ehaifpefse
of the eaunei ] 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.
(b) If the unexpired term is more than eighteen months the vacancy shall be filled by
special election. Within ten dates ((excluding Saturdays Sundays and legal
holidays) after the occurrence of the vacancy, the council shall through its clerk
issue an election proclamation announcing that a successor shall be elected to fill
the vacancy for the remainder of the unexpired term in a special election to be
held within one hundred and twenty days after the occurrence of the vacancy. The
special election shall be held in accordance with the election laws of the State
insofar as applicable. Within five days excluding Saturdays Sundays and legal
holidays) of the issuance of the election proclamation a temporary successor with
the qualifications required by Section 3-3 shall be appointed by the council
chairperson to fill the vacancy until a successor is duly elected.
(c) 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.
(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."
3
I
{
i
f
7
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.
4
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.
4