HomeMy WebLinkAboutBIL 236 Draft 01 2002-2004OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Introduced By:
James
Y. Arakaki
Date Introduced:
April
21, 2004
First Reading:
April
21, 2004
Published:
N/A
Chung
REMARKS:
X
X
Elarionoff
X
Holschuh
X
Second Reading:
May 5,
2004
To Mayor:
Returned:
Reynolds
X
Effective:
Published:
X
REMARKS: 05/05/04
- Close file (due
to lack of
2/3 vote)
X
Tyler
X
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
X
Elarionoff
X
Holschuh
X
Jacobson
X
Reynolds
X
Safarik
X
Tulang
X
X
Tyler
X
6
3
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
Elarionoff
X
Holsehuh
X
Jacobson
X
Reynolds
X
Safarik
X
Tulang
X
Tyler
X
5
2
2
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated
above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this
Of
MAYOR, COUNTYOFHAWAII
20
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference
Ord:
Hawaii County is an Equal Opportunity Provider and Employer
236
C-518/FC-238
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 936
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO THE HAWAFI COUNTY
CHARTER (2000), RELATING TO THE LEGISLATIVE BRANCH -VACANCY IN OFFICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. The purpose of this charter amendment is to allow the voters of a council
district in the County of Hawaii to elect their council member when a vacancy has occurred
during a two-year council term. Currently, the Hawaii County Charter permits the remaining
members of the county council to appoint a successor to fill the vacancy. In order to promote an
elective form of representation, to the extent feasible, this amendment sets forth a window of
time in which a special election could be conducted.
SECTION 2. Article III of the Hawaii County Charter (2000), relating to the
Legislative Branch -Vacancy in Office, is hereby amended.
Section' -4. Vacancy in Office.
(a) When any vacancy occurs in the county council on or before January 31 of
the year of the next regularly scheduled special election, the council shall, through its
clerk immediately issue an election proclamation announcing that a successor will be
elected. The candidate receiving the highest number of votes shall be deemed elected to
serve the remaining council term. The proclamation shall also announce the date for the
close of filing of nomination papers for the office, which shall be ten days after the
issuance of the election proclamation. The special election shall be held within sixtv
days of the vacancy occurring and shall be held in accordance with the election laws of
the state insofar as otherwise applicable. The clerk may conduct an all -mail ballot
election. If there are no candidates who file for the office by the filing deadline, the
applicable procedures set forth in (b) shall apply.
(b) If a vacancy occurs anv time after January 31 of the Year of the next regularly
scheduled special election_ the remaining members of the council shall appoint as a
successor a person with the requisite qualifications to fill the vacancy. 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 till the vacancy. Should the council fail to till any
vacancy within sixty days after its occurrence, the chairperson of the council shall
appoint a successor to fill the vacancy for the unexpired term. The person appointed shall
serve until a successor is duly elected and seated.
SECTION 3. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the bracketed material need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SECTION 5. This amendment shall take effect upon its approval by the voters.
INTRODUCED BY:
Hilo , Hawai`i
Date of Introduction: April 21, 2004
Date of I" Reading: April 21, 2004
Date of 2nd Reading: May 5, 2004
Date of 3rd Reading:
Effective Date:
REFERENCE: COMM. S ;R
`I