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HomeMy WebLinkAboutCOM 0305.020 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 x 25 Aupuni Street • Hilo, Hawaii 96720,w.. DATE: September 19, 2023 'TO: Heather Kimball, Council Chair w� and Members of the Hawaii County Council 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 III, Section 3-4 of the Hawaii County Charter (2022 Edition), Relating to Vacancy in Office. Transmitted herewith are 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 were adopted is attached. SECTION I of Bill No. 49, Draft 3, 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, 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 that on a sbecified 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 „r,.,;..,..efser erj the council chairperson 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), 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." Mahalo nui. CE:jp Comm. No. Att. , Ref. Ta: u ! Ref. Dates SEP 2 0 `° Hawai `i County is an Equal Opportunity Provider and Employer 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. La� When any vacancy occurs in the county council, a majority f 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 fegi to fed 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 ehai -pefs n cam] the council chairperson 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 witil a successor is duly elected and •] (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.