HomeMy WebLinkAboutBIL 049 Draft 04 2022-2024COUNTY OF HAWAII
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 49
(DRAFT 4)
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.
(a) When any vacancy occurs in the county council, a majority the remaining members of
the council shall appoint [as] by resolution a successor [a-persen] 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 "egiste"oa mai'] 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 ehaif er�^�
ef] 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. [mer -sen
appeinted shall serve until a sueeesser- is duly eleeted and seated -j
(b) Notwithstanding subsection (a) any vacanc�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 Material to be repealed is bracketed and stricken.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.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
305.21
REFERENCE Comm.
INTRO C D BY:
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COUNCIL MEMITEk, COUNTY OF HAWAII
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