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Home My WebLink AboutCOM 0305.010 2022-2024 Office of Councilwoman Cindy Evans OP tyHilo: 808 961-856 Kohala: (808)889-6512 Count))of Hawai`i �° w �s .I,ti��i Council District 9- Fax: (808)961-8912 Kohala,portions of Waimea E-mail: cindy.evans@hawaiicounty.gov F OF t1P HAWAPI COUNTY COUNCIL as Hawaii County Building 25 Aupuni Street v Hilo, Hawaii 96720 TO: Heather Kimball, Council Chair and Members of the Hawaii County Council � ...Pon. FROM: �F, Cindy Evans, Council Member DATE: August 1, 2023 SUBJECT: Proposed Amendments 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 proposed amendments to Bill No. 49. The proposed amendments are 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 these proposed amendments are adopted is 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] 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 [wading Saturdays,Sundays and legal holidays)] after the occurrence of[any] the vacancy, the [eoune l ehai..,n,..,e ] presiding officer shall [give feasene notice of intent to] notify all remaining members of the council that on [the ne) ] a specified regular meeting date, formal action shall be taken to fill the vacancy. [The successor-formal aetion shall be a Fnefien appfoved by a majority of the council to appoint to serve the , def of the , fe term.] Should the council fail to fill [any] the vacancy [at the designated meeting-d within thirty days after its occurrence, the [ > and legal holidays),] presiding officer shall appoint a successor with the qualifications required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. Comm. No. • Ref,TM --- Ref. Hawai Y County is an Equal Opportunity Provider and Employer _ i (b) , excep Notwithstanding subsection(a)ny 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. i (c) duly eleel.ed in aeeordaiiee with the e.ee"-.E)n fflWs of the State shall be filled by the pefs so e,vL ., ree eu f r the ,ow,-,.,; ,�,o.,r; , def the, fe tef j 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. [(d) def th" p f this tie , "d' el d eandi date"means: ttt-til$ �Se'�vr sscc ii cry a"rcu- (1) Pfief to ef oft the fifth day aftef the elose of filing in aeeefdanee with Chaptef 12L, papef i s f r eleetiye o fflee (2) Subsequent to the fifth d&y aftef the close ef filing in aeeefdaiiee with Chaptef4-2-, 14awai'i Revised Statutes, any pefson whose name the eatin-ty elef-k ineltides E) the eeftified list of eandidates who afe entitled to be voted fof at the fifst speeial ii elee ]" Mahalo nui. CE:jp Att. 2 I r t AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF AWAI`I: SECTION 1. Article III, section 3-4, of the Hawaii County Charter (2022 Edition) is amended to read as follows: "Section 3-4. Vacancy in Office. La� When any vacancy occurs in the county council, the remaining members of the council shall appoint [as] by resolution a successor [a son] with the [reqttisite] qualifications [te fill the.,ae ney ] required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. Within [€lii4y] fourteen days after the occurrence of[any] the vacancy, the [council „h.,ifper-se ] presidingofficer fficer shall notify all remaining members of the council [by t!egistefe a mai'] that on a specified regular meeting date, formal action shall be taken to fill the vacancy. Should the council fail to fill [any] the vacancy within [six4y] thirty days after its occurrence,the [,.haif,-,efse„ of the , eiiiie ] presiding officer shall appoint a successor with the qualifications required by Section 3-3 to fill the vacancy for the remainder of the unexpired term. (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. 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.