HomeMy WebLinkAboutORD 2023-071 2022-2024 COUNTY OF HAWAI`I •� ` f `a.,M, STATE OF HAWAI I
BILL NO. 49
(DRAFT 4)
ORDINANCE NO. 2 ;.
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 Hawai`i 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 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
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. [The person
(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 Material to be repealed is bracketed and stricken.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 ME E , COUNTY OF HAWAI`I
Kona , Hawai`i
Date of Introduction: September 6, 2023
Date of 1st Reading: September 20, 2023
Date of 2nd Reading: October 4, 2023
Date of 3rd Reading: October 18, 2023
Effective Date: November 5, 2024, if approved by:the voters
REFERENCE Comm. 305.21
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawai`i
(Draft 4)
Introduced By: Cindy Evans ROLL CALL VOTE
Date Introduced: September 6, 2023 AYES NOES ABS EX
First Reading: September 20, 2023 Evans X
Published: September 29, 2023 Galimba X
Inaba X
REMARKS: Kagiwada X
POSTPONED: September 6, 2023 Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
Second Reading: October 4, 2023 7 0 2 0
To Mayor: N/A
Returned: N/A ROLL CALL VOTE
Effective: N/A
Published: N/A AYES NOES ABS EX
Evans X
REMARKS: Galimba X
Inaba X
Kagiwada X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 COUNTY CLERK
49 (Draft 4)
Bill No.:
MAYOR, COUNTY OF HAWAI`I C-305 .21/GOEAC-73
Reference:
Ord No.: 23 Pn, -
COUNTY CLERK
OFFICE OF THE COUNTY CLERK COUNTY OF H AW A H
County of Hawai`i
Kona, Hawai`i 7073 NOV -9 itti 9: 17
Introduced By: Cindy Evans ROLL CALL VOTE
D. oduced: AYES • ABS EX
First Reading: Evans -
Published: Galimb.
•naba
REMARKS.. Kagiwada
Kaneali`i-Kleinfelder
Kier - •
Kimball
Lee Loy
Villegas
Third Reading: October 18, 2023
To Mayor: October 26, 2023
Returned: November 9, 2023 ROLL CALL VOTE
Effective: November 5, 2024,if.iai m _a..13p voters-_
Published: November 24, 2023 AYES NOES ABS EX
Evans X
REMARKS: Galimba X
Ccto- - 18, 2023: Third of three required. readingsInaba X
X
n rs t to section 15-1; Hsi'i C:unty Charter Kagiwada
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
UNCIL CHAIRPERSON
ppro d/Disapproved this day
of fivv C'"* ( , 70 COUNTY CLERK
Bill No.: 49 (Draft 4)
MAYOR, COUNTY OF HAWAI`I C-305 .21/GOEAC-73
Reference:
Ord No.: 23