HomeMy WebLinkAboutBIL 049 Draft 02 2022-2024 s
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COUNTY OF HAWAPI STATE OF HAWAPI
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ILL NO. 49 �
(DRAFT 2)
ORDINANCE
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 HAWAII:
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.
O When any vacancy occurs in the county council, the remaining members of the council
shall appoint as a successor a person with the [requisite] qualifications [to rye
vaeafte�:] required by Section 3-3. Within [thy] five days (excluding Saturdays,
Sundays, and legal holidays) after the occurrence of any vacancy, the council chairperson
shall [nom] give reasonable notice of intent to all remaining members of the council [fry
.egistefed ma-il] that on [a steed] the next regular meeting date, formal action shall be
taken to fill the vacancy. The formal action shall be a motion approved by a majority of
the council to appoint a successor to serve the remainder of the unexpired term. Should
the council fail to fill any vacancy [within sixty days .,tee.,its n e,] at the
designated meeting the [ehaifpefsen of the eeunei ] council chairperson, within five days
(excluding Saturdays, Sundays and legal holiday 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) No declared candidate for county council mayappointed to fill a vacancy, except
when there is no more than one declared candidate for the vacant council district seat.
(c) Notwithstanding subsection(a), any vacancy that occurs after a first special election or
second special election in which a candidate for the council district seat that is vacant was
duly elected in accordance with the election laws of the State shall be filled by the person
so elected for the remainder of the unexpired term.
(d) For the purposes of this section, "declared candidate" means:
(1) Prior to or on the fifth day after the close of filing in accordance with Chapter 12
Hawaii Revised Statutes, any person having filed and not withdrawn nomination
papers for elective office.
(2) Subsequent to the fifth day after the close of filing in accordance with Chapter 12
Hawaii Revised Statutes, any person whose name the county clerk includes on
the certified list of candidates who are entitled to be voted for at the first special
election."
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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.
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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.
INTRODU BY:
4 ILI
COUNCIL ME OUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
305.12
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