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Home My WebLink AboutCOM 0305.007 2022-2024 i Office of Councilwoman Cdndy Evans Hilo: (808)961-8364 County of Haivai`i 0 i Kohala: (808)889-6512 Council District 9- t ��; \I irzi Fax: (808) 961-8912 Kohala,portions of Waimea E-mail: eindy.evans@hawaiicozino,.gov OF n1lAWAI'l COUNTY COUNCIL 3 3 Hawaii County Building t 25 Aupuni Street• Hilo, Hawaii 96720 TO: Heather Kimball, Council Chair and Members of the Hawaii County Council FROM: (Cindy Evans, Council Member ' 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 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) [When any vaeaney oeetifs in the „ , ei ,] If the unexpired term is fifteen months or less, 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 [fire] fourteen days [(exeluding Saturdays Sundays, and legal holidays)] after the occurrence of [any] the vacancy, the council chairperson shall [give reasonable noti e of inter* to] noti all remaining members of the council that on [the-next] a regular meeting date, formal action shall be taken to fill the vacancy. [Tho f0fmal aetior 11,i11Zn serve illi+ +� Rde of the unexpiredtef .] Should the council fail to fill [any] 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 Hawai`i County is an Equal Opportunity Provider and Employer Comni. PVA Ref,,Tw P1 (d MAG Ref.Oate X023 i 7 I the unexpired term. The person appointed shall serve until a successor is duly_ elected. [ , distfietWit.] (b) If the unexpired term is more than fifteen months the vacancy shall be filled by 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 fourteen days after the occurrence of the vacancy, 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 [after u first app election second s al eleetie ] during'the period of time after an election in V1VVt1V11 Vr which a candidate for the council district seat that is vacant [mss] is duly elected [iii aeeefdanee withthe eleetion laws f the State] shall be filled by the person so elected to serve for the remainder of the unexpired term. [(d) Faf the purposes Bf-this scet ror, "declared eandidate" Chaptef(1) Pfief to of on the fifth day aftef the close of filing in aeeofdanee wi •s' 3 Revised Statutes, any and not Vl+LU1a<Y „ tiftio papers for glee-tiFr ff • (2) Subsequent to the fifth day aftef the close of filing in aeeefdanee with clefk includes en the certified list of eandidates who are entitled to be voted for at the first (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 3-2.33 Mahalo nui. CE.jp 2 AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3- OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY 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. Any vacancy in the county council shall be filled in the following manner: h [When any v'" in the my council,] If the unexpired term is fifteen r r iit.ii months or less, the remaining members of the council shall appoint [as] by resolution a successor [a pefson] with the [requisite] qualifications [to fill the vae y.] required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. Within [thirty] fourteen days after the occurrence of[may] the vacancy, the council chairperson shall notify all remaining members of the council [by fegistefed, ail that on a [speei4 ed] regular meeting date, formal action shall be taken to fill the vacancy. Should the council fail to fill [any] the vacancy [r,.ithi, sixty days aftew its ^ e,] at the designated meeting=the [ehaifpe fse of the ^^tined] 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 seateR]. If the unexpired term is more than fifteen months, the vacancy shall be filled by a special election to be held within one hundred and twentydays 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 fourteen days after the occurrence of the vacancy, 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. O 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. 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. 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: