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Home My WebLink AboutCOM 0305.011 2022-2024 Office of Councilwoman Cindy Evans �i s.0 Hilo: (808)961-8564 County of Hawai`i Al" ti�� ® Kohala: (808)889-6512 V� tt'• Council District 9- ' — �` Fax: (808) 961-8912 Kohala,portions of Waimea lei - _ 1 E-mail: cindy.evans@hawaiicounty.gov hawaiicounty.gov HAWAPI COUNTY COUNCIL Hawaii County Building 25 Aupuni Street• Hilo, Hawaii 96720 TO: Heather Kimball, Council Chair and Members of the Hawaii County Council K FROM: 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 I 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. Any vacancy in the county council shall be filled in the following manner: (a) [When any vacancy eeetifs ri the eat-Ay eetin^ ',] If the unexpired term is fifteen months or less,the remaining members of the council shall appoint [as] b resolution a successor [a person] with the qualifications required by Section 3-3[-] to fill the vacancy for the remainder of the unexpired term. Within [€'rye] fourteen days [(exehidiiig Sa4uf4ay`Sunday=s, and legal"may.)] after the occurrence of [any] the vacancy, the [eouneil „h ,.pefse ] presiding; officer shall [gimme Feasonable notice of intent to] notify all remaining members of the council that on [the next] a specific regular meeting date, formal action shall be taken to fill the [The femial aetion shall be a motion approved by a majefity o council to appoifit,a sueeessof to serve the femaifidef of the unexpired!e Should the council fail to fill [any] the vacancy [at the designate,a ti ] within thirty days after its occurrence,the [eaufieil ehaifpefson, within five days (exelttding Saturdays, Sundays, and lega'�s),] 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.to . PI 60 WC` Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date 2023 (b) I�e deelafed eandidate for county council may be appointed to fill a vaeane exeep,"when theeree iss ne fnefe than one deelared eandidate for the vacant council district sear] If the unexpired term is more than fifteen months, the vacancy shall be filled by a special election to be held within one hundred twenty days after the occurrence of the vacancy. The election shall be conducted in accordance with the election laws of the State insofar as applicable. Pending the election, the remaining members of the council shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. Should the council fail to fill the vacancy within thirty days after its occurrence, the presiding officer shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. The person appointed shall serve until a successor is duly elected and seated. (c) Notwithstanding subsection (a), any vacancy that occurs [afte f a first spe ;.,1 election of second special election] during the period of time after an election in which a candidate for the council district seat that is vacant [ ] is duly elected [i a efda ee : ,;tl, the eleetio laws E)fthe State] shall immediately be filled by the person so elected to serve for the remainder of the unexpired term. (d) [ " /71 Pfio,-to of ., the fifth day after-the „lose of filing ; aeeefda-nee MtChapter l > Statutes, any perso having filed and not (2) Subsequent te the fifth day after the close of filing in aeeefdanee wit Chapter- 12, .4. Revised StattAes, any per-son whose name the eoutAy elerk includes on the certified list of candidates who are efftilled to be votedF r at the first s o .,l eleetie .] 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 Att. 2 I AN ORDINANCE TO INITIATE ANAMENDMENT TOA TICE III, SECTION 3-4 OF THE HAWAII COUNTY CHARTER(2022 EDITION),RELATING TO VACANCY IN OFFICE. 3 E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: I SECTION 1. Article III, section 3-4, of the Hawaii County Charter (2022 Edition)is amended to read as follows: 3 3 "Section 3-4. Vacancy in Office. Any vacancy in the county council shall be filled in the following manner: Lal [When any vaeaney oeeufs in the e my eotineil,] If the unexpired term is fifteen months or less, the remaining members of the council shall appoint [as] resolution a successor [aper-son] 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 [tlaimfty] fourteen days after the occurrence of[ay] the vacancy, the [eouneii ehaifperson] presiding officer shall notify all remaining a members of the council [by registered mail] 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 [sixty] jhj!jy days after its occurrence, the [ems of the oouneil] 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. I (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 twenty days after the occurrence of the vacancy. The election shall be conducted in accordance with the election laws of the State insofar as applicable. Pending the election, the remaining members of the council shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. Should the council fail to fill the vacancy within thirty days after its occurrence, the presiding officer shall appoint a temporary successor with the qualifications required by Section 3-3 to fill the vacancy. They person appointed shall serve until a successor is duly elected and seated. (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 is duly elected 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." I i 4E 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 I 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 hlawai`i 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.