HomeMy WebLinkAboutBIL 049 Draft 04 2022-2024
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE HAWAI‘I COUNTY CHARTER (2022 EDITION), RELATING TO VACANCY IN OFFICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Article III, section 3-4, of the Hawai‘i 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 [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 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 until a successor is duly elected and seated.]
(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 Material to be repealed is bracketed and stricken.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 Hawai‘i, 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 Hawai‘i 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.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date: