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REPORT OF THE <br />COMMITTEE ON GOVERNMENTAL <br />OPERATIONS AND EXTERNAL AFFAIRS <br />DATE: August 15, 2023 Re: Comm. No. 305.12/Bill No. 49, Draft 2 <br />PLACE: Council Chamber <br />Kailua-Kona, Hawaii <br />TIME: 3:30 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Committee on Governmental Operations and External Affairs, to which was referred <br />Bill No. 49, Draft 2, reports as follows: <br />Bill No. 49, Draft 2, introduced by Council Member Cindy Evans via Communication <br />No. 305.12, dated August 2, 2023, initiates an amendment to Article III, Section 3-4 of the <br />Hawaii County Charter (2022 Edition), relating to vacancy in office. <br />This bill proposes reducing the time allotted for the County Council to appoint a successor to a <br />vacant County Council district seat, establishing restrictions on official candidate being <br />appointed to a vacant County Council district seat, and that a person who has been duly elected <br />to serve the upcoming Council term shall automatically fill a vacancy that occurs for that County <br />Council district seat. <br />This bill was previously heard and postponed on June 6, 2023. <br />Governmental Operations and External Affairs Committee Meeting of June 6, 2023 <br />Committee Chair Evans explained how the resignation of the former Council Member for <br />District 9 upon his election to the state legislature and the decision of the Chair at the time to <br />leave the seat vacant, provided the impetus for the bill. <br />Committee Member Holeka G. Inaba expressed his concern that the five-day requirement for <br />notice by the Chair was confusing with regard to agenda deadlines. He asked Assistant <br />Corporation Counsel J Yoshimoto to provide general thoughts on the bill. Mr. Yoshimoto <br />provided comments that the current language of the bill was unclear. Member Inaba further <br />expressed his concerns with a restriction on declared candidates being appointed to vacancies as <br />having the potential to not similarly exclude individuals who have the intention of becoming <br />candidates. <br />Committee Member Matt Kaneali`i-Kleinfelder inquired whether the bill was in accordance with <br />State law. County Clerk Jon Henricks responded that the counties establish vacancy provisions in <br />their respective charters. Member Kdneali`i-Kleinfelder intended to break the bill by imagining <br />himself dropping out of office at the precise time when only one person had become a declared <br />GOEAC Report No. 73 <br />