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HomeMy WebLinkAboutRES 563 Draft 01 2022-2024 OJNtY OF-----•.. COUNTY OF HAWAI`I i•i Via" . /_•! STATE OF HAWAI`I +fort OF N.. p . RESOLUTION NO. 563 24 A RESOLUTION DIRECTING THE COUNTY CLERK TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 23-71,RELATING TO VACANCY IN OFFICE, ON THE 2024 GENERAL ELECTION BALLOT. WHEREAS, article XV, Hawai`i County Charter, governs Charter amendments and revisions; and WHEREAS, the requirements for amending the Charter by ordinance are set out in section 15-1 and section 15-2, Hawai`i County Charter; and WHEREAS, section 15-1 requires that an ordinance proposing a Charter amendment be adopted after three readings on separate days and passed by the affirmative vote of two-thirds of the entire membership of the Hawaii County Council; and WHEREAS, section 15-2 requires that upon adoption of such an ordinance, the Council shall by resolution provide that the proposed amendment be submitted to the electors of the County for approval at the next general election and that the resolution shall provide for the publication of the full text of the proposed amendment in a daily newspaper of general circulation in the County at least forty-five days (Saturday, September 21, 2024) prior to submission to the electors of the County, as well as via an electronic medium, such as the internet; and WHEREAS, section 11-119(b), Hawai`i Revised Statutes, requires that questions and issues which are to be placed on the general election ballot be submitted to the Chief Election Officer of the State of Hawai`i no later than 4:30 p.m. on the seventy-fifth calendar day (Thursday, August 22, 2024)prior to the general election; and WHEREAS, Ordinance No. 23-71, which proposes an amendment to the Hawai`i County Charter relating to vacancy in office on the Council, was adopted after three readings on the following dates by the following votes: Reading Date Vote • First Reading September 20, 2023 7 ayes, 2 absent Second Reading October 4, 2023 9 ayes Third Reading October 18, 2023 8 ayes, 1 no _; and WHEREAS, Ordinance No. 23-71 was approved by Mayor Mitchell D. Roth on November 9, 2023, and published on November 24, 2023; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that it hereby directs the County Clerk to take all necessary steps provided for in all applicable provisions of the Hawai`i County Charter and Hawai`i Revised Statutes, within the prescribed time limits, for placing the Charter amendment proposed by Ordinance No. 23-71 on the 2024 General Election ballot for approval by the voters of the County on November 5, 2024. BE IT FURTHER RESOLVED that those actions include but not be limited to submission of the ballot question to Scott T.Nago, Chief Election Officer of the State of Hawai`i, prior to 4:30 p.m., Thursday, August 22, 2024, pursuant to section 11-119(b), Hawai`i Revised Statutes, and publication of the full text of the Charter amendment proposed by Ordinance No. 23-71 in the Hawai`i Tribune Herald and the West Hawai`i Today,two newspapers of general circulation in the County,prior to Saturday, September 21, 2024, the forty-fifth day prior to the 2024 General Election, pursuant to section 15-2, Hawai`i County Charter. BE IT FINALLY RESOLVED that a certified copy of this resolution be sent to Chief Election Officer Scott T.Nago, State of Hawai`i, and County Clerk Jon Henricks, County of Hawai`i. Dated at Hilo , Hawai`i,this 7th day of August , 20 24 . INTRODUCED BY: UNCIL MEMB R, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i EVANS X GALIMBA X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGI WADA X County of Hawai`i on August 7, 2024 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 8 0 1 0 Reference: C-949/Council Y CLERK AIRPERSON&PRESIDING OFFICER RESOLUTION NO. 563 24 2