HomeMy WebLinkAboutCOM 0965.021 2004-2006
CONSTANCE R. KIRIU w M WILLIAM E. SMITH
County Clerk Deputy County Clerk
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County of Hawai 'i
Office of the County Clerk n
25 Aupuni Street -
Hilo, Hawaii 96720
Telephone: (808) 961-8255 Facsimile: (808) 961-8912
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July 7, 2006
The Honorable Stacy K. Higa
County of Hawaii, Council Chairman
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa:
RE: Initiative Petition of the Save Our Land Citizens' Committee
You have asked me to briefly explain the initiative process upon its receipt by the
County Council.
The power of the voters to propose ordinances is called the initiative power. The
voters, through a petitioners' committee, may propose an ordinance by petitioning the
County Council to adopt its proposed ordinance. The Charter requires the petition to be
signed by a minimum number of qualified voters of the county. The Charter also
requires, in part, the "[E]lectors signing such petition shall print their names, add their
signatures, residence addresses, social security numbers and the dates of signing on
said petition."
In the case of the initiative petition filed by the Save Our Land Citizens' Committee, the
original petition and a supplementary petition have been deemed insufficient.
An email letter was received from Debbie Hecht of the Save Our Land Citizens'
Committee requesting the Clerk present the certificate to the Council.
1. The Council must review the latest Clerk's certificate and must approve or reject
the certificate or may substitute its own determination of sufficiency by
resolution. The review actions of the Council shall be final, but shall not preclude
the filing of a new petition for the same purposes.
2. If the Council approves the certificate of insufficiency, the petition is moot.
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Ref. Date
`W ? Hawai'i County Is An Equal Opportunity Provider And Employer
July 7, 2006
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3. If the Council adopts its own resolution of sufficiency, the Council shall proceed
to immediately consider the petition by introducing the ordinance proposed by
the petition subject to procedures under Section 3-8 and 3-10 of the Charter.
a. In other words, the Council may adopt the proposed ordinance by
majority vote on first and second reading as if it were adopting its own
ordinance, including publication in two daily newspapers of general
circulation.
b. The Council may amend the proposed ordinance, but if the amendment is
unfavorable to a majority of the petitioners' committee, the original
proposed initiative ordinance is submitted to the voters.
C. The Council may fail to adopt or reject the proposed ordinance, and the
ordinance will be submitted to the voters of the County at the next
general election on Tuesday, November 7, 2006.
No more than 60 days can elapse between the time of first reading of the
initiative proposal as a bill and completion of consideration to adopt, amend, or
reject the same.
The ballot must contain an objective summary of the substance of the measure and
shall have below the ballot title designated spaces in which to mark the ballot FOR or
AGAINST the measure.
The proposed initiative ordinance must receive a majority of the voters voting in its
favor to be adopted. Based upon the 2004 general election turnout of 57,994 voters,
28,998 votes to adopt the bill would be needed. Of course, this number will change
based on the voter turnout in the 2006 general election.
For the Council's consideration under #3, I am submitting a properly formatted bill for
an ordinance that contains the same language proposed on the Save Our Land Citizens'
Committee petition.
Should you have any questions, please feel free to contact me.
Sincerely,
Constance R. Kiriu
County Clerk
Att.
Virginia Isbell , w Phone No.: (808) 326-5684
Vice Chairw Fax No.: (808) 329-4786
District 7 - Central Kona E-Mail: visbell@co.hawaii.hims
At1 OF•A
HAWAII COUNTY COUNCIL
County of Hawai `i
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawai'i 96740
Stacy K. Higa, Chair July 6, 2007
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Bill No. 315 ; Relating to the Public Access, Open Space, and Natural
Resources Preservation Fund
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council, of the
County of Hawaii, this written request is submitted with my approval that the above
referenced matter be waived from the Committee on Finance to the full council for
immediate action. In reviewing this matter, timely approval is crucial. It is therefore
advantageous that approval is granted and the matter placed onto the next Council agenda
for review. However, in the event this request is denied, for whatever reason, I
understand the matter shall be referred to the Committee on Finance for placement on its
future agenda.
Sincerely,
JJA
Virgi is Isbell, Chair
Committee on Finance
Approved/Date/Waived to Council Disapproved/Date/Referred to
Finance Committee
acy K. Q a, Chair Stacy K. Higa, Chair
Hawaii County Council Hawaii County Council
Hawai `i County is An Equal Opportunity Provider And Employer