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Home My WebLink AboutORD 2006-084 2004-2006 MiY or ~,c~ z I;~;y COUNTY OF HAWAII STATE OF HAWAII BILL NO. 261 Draft 2 ORDINANCE NO. d6 84 AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO SECTION 12-2.1, CHAPTER 2, ARTICLE XII, OF THE HAWAII COUNTY CHARTER (2000), RELATING TO IMPEACHMENT OF ELECTED OFFICERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Impeachment of an elected officer, or officer appointed to a vacancy in any elected office, For malfeasance, misfeasance, nonfeasance, or maladministration in office is a serious charge brought by registered voters against the officer in the circuit court. The number of registered voters required to bring forward a verified petition for impeachment has remained at one hundred for over twenty-five years. In the ensuing years, the voting population has increased throughout Hawaii County, and in 1990, the Hawaii County Charter was amended to provide for the nine council members to be elected from single-member districts rather than at-large. However, under current impeachment provisions, a council member could be charged by one hundred voters who are not registered in the respective council member's district and did not vote for the elected council member. The purpose of this charter amendment is to raise the low threshold of registered voters required to bring the significant charges of malfeasance, misfeasance, nonfeasance, or maladministration against an elected officer or officer appointed to a vacancy in any elected office. It also provides that only those voters who are registered in the council district of the respective council member may bring such charges to the circuit court when impeaching a district council member. If adopted, this measure shall not apply retroactively to council members serving in council term 2004-2006. SECTION 2. Section 12-2.1, chapter 2, article XII, of the Hawaii County Charter (2000), relating to Impeachment, is amended to read as follows: "CHAPTER 2 IMPEACHMENT Section 12-2.1. Impeachment of Elected Officers. Any elected officer or officer appointed to a vacancy in any elected office may be impeached for malfeasance, misfeasance, nonfeasance, or maladministration in office. The circuit court shall be a court of impeachment for the trial of any such officer who may be charged on any of the foregoing grounds. The charges shall be set forth in detail in writing in a verified petition for impeachment signed [net i,,.,., „ e ~,,,„a...,, n nm ,...,rava vie,..,..... „F «wo .„...1 by not less than two percent of registered voters in the county in the last general election for impeachment of the mayor or prosecuting attorney, or by not less than two percent of registered voters in the respective council district in the last General election for impeachment of a council member. Any person who signs a verified petition for impeachment of the mayor or prosecuting attorney shall be a re istered voter in the county, and any person who signs a verified petition for impeachment of a council member shall be a registered voter in the respective council district. The court shall sit without a jury and shall proceed according to the form required for the trial of all civil cases. If the court sustains the charge, the officer shall be deemed removed from office and the office declared vacant under this charter." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. 1n printing this ordinance, the brackets, bracketed material, and underscoring 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. 2 SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii County for approval at the 2006 general election. SECTION 6. The charter amendment proposed in this ordinance shall take effect upon approval by a majority of voters in the 2006 general election. SECTION 7. Upon taking effect, the charter amendment proposed in this ordinance shall not be applied retroactively, but shall only affect petitions for impeachment verified by the county clerk after its effective date. Further, this ordinance shall not apply retroactively to council members serving in council term 2004-2006. INTRODUCED BY: i~~~~~/ OUNCIL MEMBER, COUNTY OF HAWAII Hilo ,Hawaii Date of Introduction: May 2, 2006 Date ofls~Reading: May 2, 2006 Date of 2°d Reading: May 17 , 2006 Date of 3`d Reading: June 5 , 2006 Effective Date: June 16, 2006 r~~et~ehe~t comm. ao7..~........_., 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii (Draft 2) _ Introduced By: Stacy K. Higa ROLL CALL VOTE Date Introduced: May 2, 2006 AYES NOES ABS EX first Reading: May 2, 2006 Arakaki X Published: May 12, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X ~ Jacobson X Pilago X - i Safarik X 9 0 0 0 Second Reading: May 17, 2006 To Mayor: N/A ROLL CALL VOTE Returned: N/A AYES NOES ABS EX Effective: Arakaki X I Published: Higa X Hoffmann X REMARKS: Holschuh X _ Ikeda X Isbell X _ Jacobson X Pilago X Safarik X 8 0 1 0 1 DU HF_REBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicuted afiove. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date 261 (Draft 2) Bill No.: _ C-807.1/FC-281 Approve cGDlsapproved this duy Reference: _ Ord No.: of ' - d9AYUR, COUNTYOh'HAWAI'1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By; •,R L TE Date Introduced: ~~A O A~BS .X ' First Reading: Arakaki Published: Higa ' nJ~~: ~ ~ - Hoffmann REMARKS,- Holschnh Ikeda Isbell Jacobson Pilago Safar' Third Reading: June 5, 2006 To Mayor: June 7, 2006 ROLL CALL VOTF, Returned. June 16, 2006 AYES NOES ABS EX L:ffectivc: June 16, 2006 Arakaki X Published: June 23, 2006 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X _ _ Isbell X Jacobson X _ Pilago X Safarik X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council puhlished as indicated ubove. APPROVED AS TO F M AND LEGALITY: COUNCIL ,HAlRMAN ^~~~CORPORATION COUNSEL COUNTY OF HAWAII ~ CO LINTY CLERK Date I'I~ q ~~006 261 (Draft 21 Bill No.: ~ C-807.1/FC-281 pproee isappraved this I ~ day Reference: Jume~ ~0 ~6 OrdNo.: ®6 84 uJ G 1 . 1'OIZ, C ~~'7'Y Oh' HAWAl l