HomeMy WebLinkAboutCOM 0305.019 2022-2024Office of Councilwoman Cindy Evans
County of'Hawai `i
Council District .9 -
Kohala, portions of'Waimea
Hilo: (808) 961-8564
Kohala: (808) 889-6512
Fax: (808) 961-8912
E-mail: cindy.evans@hawaiicounty.gov
HAWAII COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street - Hilo, Hawaii 96720
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DATE: September 5, 2023
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TO: Heather Kimball, Council Chair
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and Members of the Hawaii County Council
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FROM: Cindy Evans, Council Member
SUBJECT: Proposed Amendments to Bill No. 49, Draft 3; a Bill for an Ordinance to Initiate
an Amendment to Article lIl, 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 3. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Bill No. 49, Draft 3;
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 3, that amends article 111, 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, a majority of the remaining members of
the council shall appoint by resolution a successor with the qualifications required by
Section 3-3 to fill the vacancy for the remainder of the unexpired term. Within thirty days
after the occurrence of any vacancy, the council chairperson shall notify all remaining
members of the council by ref4istered mail that on a specified reeular meeting date.
formal action shall be taken to fill the vacancy. Should the council fail to fill any vacancy
within sixty days after its occurrence, the 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.
(b) Notwithstanding subsection (a), if any vacancy is to be filled in a council district seat
after an election wherein a candidate for the same seat has been duly elected, the seat
shall be filled by the person so elected to serve for the remainder of the unexpired term.
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Hawai `i County is an Equal Opportunity Provider and Employer Ref. To:. uun%il
Ref. Oate ,- 2023
(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."
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Att.
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.
Ua) When any vacancy occurs in the county council, a majority of the remaining members of
the council shall appoint [as] by resolution a successor [a person] with the [requisite]
qualifications required by Section 3-3 to fill the vacancy[...] for the remainder of the
unexpired term. Within thirty days after the occurrence of any vacancy, the council
chairperson shall notify all remaining 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 vacancy within sixty days after its occurrence, the 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 pefse„ appointed shall
until a successor is duly eleeted afid seated.]
(b) Notwithstanding subsection (a), if any vacancy is to be filled in a council district seat
after an election wherein a candidate for the same seat has been duly elected, the seat
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 hall
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.