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HomeMy WebLinkAboutCOM 0305.006 2022-2024 I i Office©fConeilvonrr Cindy Evans .1-4oHilo: (808)961-8564 County of Hawai`i ��, � :�, Kohala: (808)889-6512 tr`-> Council District 9- �`�� Fax: (808)961-8912 North and South Kohala _ E-mail: cindy.evans@ha-,vaiicounty.gov FIk 'k CO- i G VT T i Hawaii County Building 25 Aupuni Street a Hilo, Hawaii 96720 n, b TO: Heather Kimball, Council Chair and Members of the Hawaii County Council , FROM: t*Cindy Evans, Council Member -w...a DATE: July 3, 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] by resolution a successor [a-persen] with the qualifications required by Section 3-3[..] to fill the vacancy for the remainder of the unexpired term. Within [free] fourteen days [(exeluding Saturdays, Sundays, an�'�days)] after the occurrence of[airy] the vacancy, the council chairperson shall [give reasonable natiee of i tent to notify all remaining members of the council that on [the next] a regular meeting date, formal action shall be taken to fill the vacancy. [The formal action shall be ^ .,.,^tion approved by a majoril,-y of the eatineil to appoint a successor to sefve the femaindef of the up rife term.] Should the council fail to fill [may] the 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. The,person appointed shall serve until a successor is duly elected. ] Hawai`i County is an Equal Opportunity Provider and Employer Comm. 140. lRef.Ta. L C1 MW Ref:Bate ALL- ;5,2023 . 3 (�}] Notwithstanding subsection (a), any vacancy that occurs [^ft^f ^ fifst special eleet e ^r secon spee. ' eleet oBI during the period of time after an election in which a candidate for the council district seat that is vacant [was] is duly elected [in aeeefdanee with th-e e.eet. ,,, yaws of the r+,„+®] shall immediately be filled by the person so elected to serve for the remainder of the unexpired term. [(d) F6f+�urposess of thisssection, deelafed eandidat "means Ile (1) Prior to of on+,.. fifth day after the close of filing in aeeof--..-- Chaptef 12-, papef n f r eleetiye office.14a-wai'i Revised I Statutes,(2) Subsequent to the fifth day after the close of filing in aeeofdanee with Chaptef4-2-, any pef soft whose name the eouffty elefk includes eii tied te be voted for at the fifst-s� the eeftified list of candidales who are e.-.',.. '.7 election.] 3 3 (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." Mahalo nui. CE.jp 2 I i f 1 I i I I S AN ORDINANCE TO INITIATE ANAMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE. S 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] by resolution a successor [a-person] with the [requisite] qualifications [to fill the vacancy.] required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. Within [this] fourteen days after the occurrence of[ate] the vacancy, the council chairperson shall notify all remaining members of the council [by fegistered mail] that on a [speeded] regular meeting date, formal action shall be taken to fill the vacancy. Should the council fail to fill [ate] the vacancy [within sixty days afte f its oeeufrenee,] at the designated meeting,the [er air-per-sei of the n,,,,neill 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 [^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 is duly elected 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. i 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. SEC'T'ION 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 HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: