HomeMy WebLinkAboutCOM 0305.017 2022-2024 Office of Councilwoman Candy Evans �fl Hilo: (808)961-8564
County of Hawai`i a Kohala: (808)889-6512
Council District 9- ft Fax: (808)961-8912
Kohala,portions of Waimea '_. E-mail., eindy.evans@hawaiicounty.gov
Hawaii County Building
25 Aupuni Street o Hilo, Hawaii 96720
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Cindy Evans, Council Member
DATE: August 15, 2023
SUBJECT: Proposed Amendments to Bill No. 49, Draft 2; 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, Draft 2. The proposed amendments
are shown below in Ramseyer format with respect to the contents of Bill No. 49, Draft 2;
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, Draft 2,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] a successor [a person] with the qualifications required by Section 3-3[-]
to fill the vacancy for the remainder of the unexpired term. [Within five days (exel, diff
Sat:ufdays, Sundays, and legal holidays) after the oeeurrenee of anyvaeaney, the eei
ehairpef son shall give feasenable netiee ef intef4 te all remaining member s of the e0uH
that on the next fegulaf meeting date, fafmal aefien sha4l be taken to fill the vaeaney. The
f4mal aetion shall be a motion approved by a majority of the eotffieil to appoint
] Should the council fail to fill any
vacancy at the designated meetin9d within sixty days after its occurrence, the [eouneA
ehaifpef son, within five days (exeluding Satiifdays, > ,]
chairperson of the council 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
Comm: No
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Notwithstanding; subsection(a), gLny vacancy to be filled in a council district seat after an
election wherein a candidate for the same seat has been duly elected shall be filled by
person so elected to serve for the remainder of the unexpired term.
(c) ,
dnlyelleete M aeeefdanee with the eleetieff laws of the SteAe sha4l be filled by the pef soil
so eleetaa r6„the r nde-of the , o ,.aa tefF 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.
For-th ptffposes of this
LG }}means:
1` seetion}
Pfief to of on the fifth day aftef the elese of filing in aeeofdanee with Chapter- 12�
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papef n f f eleetye office.
(2) Subsequent to the fifth day aftef the elose of filing in aee anee wit.. — I }
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the eeffified lis,t of eandidates who afe entitled to be voted for- at the fifst speeial
election]"
Mahalo nui.
CE:jp
Att.
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AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4
OF THE HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY
i
IN OFFICE. I
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 [aTersen] with the [requisite] qualifications required by
Section 3-3 to fill the vacancy[.] for the remainder of the unexpired term. [Alithin+h iitl r
days after the oeeurfene of any vaeaftey, the eatineil ehaiTefsen shaII notify all
i
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date f..,aa do shat be taken to fill the<..,,,,,fie, .] Should the council fail to fill any
uuw, ivi uiui
vacancy within sixty days after its occurrence, the chairperson of the council shall I
appoint a successor with the qualifications required by Section 3-3 to fill the vacancy for
the remainder of the unexpired term. [The pefsen appoifttedshall serve until
is duly elected and seated-.] t
(b) Notwithstanding subsection(a), any vacancy to be filled in a council district seat after an
election wherein a candidate for the same seat has been duly elected shall 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.