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Home My WebLink AboutORD 1974-059BILL NO. 60 (AMENDEDT- COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~ AN ORDINANCE TO INITIATE A CHARTER AMENDMENT DELETING THE NEED FOR A SPECIAL ELECTION AND ESTABLISHING PROCEDURES TO FILL VACANCIES IN ELECTIVE OFFICES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 13-28, Special Election of the County Charter of the County of Hawaii, is hereby deleted. SECTION ?_. Section 3-5 of the County Charter of the County of Hawaii is amended to read as follows: "Section 3-5. Vacancy in Office. When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person of the same political party as the person he succeeds with the requisite qualifications to fill the vacancy. Within thirty days after the occurrence of any vacancy the council chairman 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 chairman 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 at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable. "The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." SECTION 3. Section 3-7 of the County Charter of the County of Hawaii is amended as follows: 1. Section 3-7(b)(4) is amended to read: "(4) Appoint the deputy county clerk and the legislative auditor, with the approval of the council, and such positions shall be exempt from civil service laws and classification." 2. Section 3-7 (c) is hereby deleted. SECTION 4. Section 5-1.5 of the County Charter of the County of Hawaii is amended to read as follows: "Section 5-1.5. Vacancy in Office. A vacancy in the office of mayor shall be filled by the managing director, or if the office of managing director is vacant, or during such periods as the managing director is unable to so act, by the finance director until a successor is duly elected at the next State or State and County election and seated. "The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." -2- SECTION 5. Section 9-6 of the County Charter of the County of Hawaii is amended to read as follows: "Section 9-6. Vacancy in Office. A vacancy in the office of prosecuting attorney shall be filled by the first deputy who shall act as prosecuting attorney, or if the position of first deputy is vacant or if the first deputy is unable to so act, the mayor with the approval of the council shall fill the vacancy by appointment of a person with the requisite qualifications within thirty days after the occurrence of the vacancy. "The first deputy or the person appointed to fill the vacancy shall serve until a successor is duly elected at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable. "The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." SECTION 6. Effective Date. Initiation of these Charter amendments shall become effective upon approval and will automatically stand repealed upon submission to the electorate of the County for approval at the next General Election on November 5, 1974. INTRODUCED BY: Date of Introduction: July 3, 1974 Second Reading: August 21, 1974 Date of Adoption: September 11, 1974 Effective Date: September II, 1974. -3- Tadashi Suzuki COUNTY CLERK Robert Shioji DEPUTY COUNTY CLERK OFFICE OF THE COUNTY CLERK C~LINTY ^F HAWAII N ILO, HAWAII 96720 Mayor Bruce McCall County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. 60 third passed by the County Council on sectxad and final reading. Encl. ~01 ~. COUNTY CLERK Dated: September 11, 1974 Hilo, Hawaii Date: ce..,-e_,..,._ , , , ., -~IIfST1fEADfFRi AYES NOES A/E Car enter x De Luz x Farias x Fujii x fiisaoka x Kawahara x AQaODI}lO7Q$XXXX XXXXXXX XXXXXX XXXXX Yadao x Chr. Yamada x 8 0 r~EP t Publication Date: ' We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ____-. + C~ _ Date _'S t~''f . / /.. ~.9_Z:`f. -----.._'- Approved snpprove t is-~~ !A~._day of ~ l~ Gtr _-. , 9 7~- -. __, M or, County of Hawaii Council Chairman ~ I ~ 0~ , -" ~? County Clerk ~-~--- Bill No. _ 60 (AMENDED ) Reference: _. ____ __ M.B. No. ~--~~ Ord. No. +.):3 - Hilo, Hawaii Date: July 3, 1974 FIRST READING AYES NOES A/E Car enter X De Luz X Ferias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Publication Date: .1UL , _ t;srp Hilo, Hawaii Date: August 2]. 197d SECOND & FINAL READING AYES NOES A/E Carpenter x De Luz x Ferias x Fujii x Hisaoka x Kawahara x ~fcXXXx xxXXXx XxXXxxx XXxxx Yadao Chr. Yamada x ~ - Publication Date: AUGJUSt 27, 1974 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this- day of 19_ Mayor, County of Hawaii Council Chairman County Clerk Bill No. 60 Reference: ~$C.-1s-CRC- 2 M.B. No. -_ Ord. No. BILL NO. fi0 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT DELETING THE NEED FOR A SPECIAL ELECTION AND ESTABLISHING PROCEDURES TO FILL VACANCIES IN ELECTIVE OFFICES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 13-28, Special Election of the County Charter of the County of Hawaii, is hereby deleted. SECTION 2. Section 3-5 of the County Charter of the County of Hawaii is amended to read as follows: "Section 3-5. Vacancy in Office. When any vacancy occurs in the county council, the remaining members of the council shall appoint as a successor a person of the same political party as the person he succeeds with the requisite qualifications to fill the vacancy. Within thirty days after the occurrence of any vacancy the presiding officer 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 chairman 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 at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable. "The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." SECTION 3. Section 3-7 of the County Charter of the County of Hawaii is amended as follows: 1. Section 3-7(b)(4) is amended to read: "(4) Appoint the deputy county clerk and the legislative auditor, with the approval of the council, and such positions shall be exempt from civil service laws and classification." 2. Section 3-7(c) is hereby deleted. SECTION 4. Section 5-1.5 of the County Charter of the County of Hawaii is amended to read as follows: ''Section 5-1,5. Vacancy in Office. A vacancy in the office of mayor shall be filled for the unexpired term by the managing director, or if the office of managing director is vacant, or during such periods as the managing director is unable to so act, by the finance director until a successor is duly elected at the next State or State and County election and seated. ''The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." -2- SECTION 5. Section 9-6 of the County Charter of the County of Hawaii is amended to read as follows: '°Section 9-6. Vacancy in Office. A vacancy in the office of prosecuting attorney shall be filled by the first deputy who shall act as prosecuting attorney, or if the position of first deputy is vacant or if the first deputy is unable to so act, the mayor with the approval of the council shall fill the vacancy by appointment of a person with the requisite qualifications within thirty days after the occurrence of the vacancy. "The first deputy or the person appointed to fill the vacancy shall serve until a successor is duly elected at the next State or State and County election and seated. The election shall be held in accordance with the election laws of the State insofar as applicable. "The person elected as the successor shall serve out the unexpired term of the person he succeeds commencing at 12 o'clock meridian on the first Monday of December following his election." SECTION 6. Effective Date. Initiation of these Charter amendments shall become effective upon approval and will automatically stand repealed upon submission to the electorate of the County for approval at the next General Election on November 5, 1974. Date of Introduction: July 3, 1974 Date of Adoption: -3- Bill No, 60 - ].974 AN ORDINANCE TO INITIATE A CHARTER AMENDMENT DELETING THE rlEED FOR A SPECIAh ELECTION AND F,STABI,ISHING PROCEDURES TO FILL VAC?.NCIES IN ELECTIVE OFFICES. This Bill initiates a Charter amendment deleting the need for a special electi,an and establishing procedures to fill vacancies in elective offices. Date Introduced: July 3, 1974 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill. passed first reading at the meeting of the County Council nn July 3, 1974, by the following ave and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada - 9. NOES: None. ~~~ COUNTY CLERK COUNTY OF HAWAII •w~ya.-.. ., RORO: NoM RK CCRYN~'VG~Vf17C IYO=RiWY1 M1IMIgRMM~N 'JU19 tt, \O1.7 Cy4~r?~~R{~wnR,~lvoR.gn~k+ (W IN~CI(dbintvll, r~ kk M CNrk hrc Bill No. 60 - 1974 AN ORDINANCE TO INITIATE A CHARTER AMENDMENT DELETING THE NEED FOR A SPECIAL ELECTION AND ESTABLISHING PROCEDURES TO FILL VACANCIES IN ELECTIVE OFFICES. This Bill initiates a Charter amendment to delete the need for a special election and establishing procedures to fill vacancies in elective offices. Date Introduced: July 3, 1974 Second Reading: August 21, 1974 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed second reading at the meeting of the County Council on August 21, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara and Chairman Yamada - 7. NOES: None. ABSENT AND EXCUSED: Councilwoman Yadao - 1. i b Y ML#C71Yr OR FlCrd:: ' ~ ` ~ ' .. ~'yMt IYMINi1i i ~MrytgmanN. ~ l blMl IMKfNn anp .CMtltl in l.D111C r... _Pt AMtr~71~. 1III:... 1 Ipryby cwYlly OIM rU «! OIN'~ NLtl111E [MtlMy OY OM m W Y~P( CaAClt9h: AlYNR l1, IAI, Ey: r MNwlry iW +M cna0n~w1btn:r wart: twnulmrl r , w w:, rlr; fWib ~y~eIu .WNin antl NYm.n rpnali_ t",,. 10[F: JIOIM. burr MID rXClirO~ CMIn-. YCIlMrMp - 1.. x/01 .-. ~ COUNTY CLERK .. tro'C: slnutic wuntr tttrx IUA••N.iwll THIhINPFgrlly:. ~A17..h. 1{iA)- ORDINANCE NO. 59 (Bill No. 60-1974) AN ORDINANCE TO INITIATE A CHARTER AMENDMENT DELETING THE NEED FOR A SPECIAL ELECTION AND ESTABLISHING PROCEDURES TO FILL VACANCIES IN ELECTIVE OFFICES. Date Approved: September 11, 1974 Effective Date: September 11, 1974 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify ghat the foregoing Ordinance passed third and final reading at the meeting of the County Council on September 11, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, Yadao and Chairman Yamada - 8. NOES: None. ~~aC/ ~ COUNTY CLERK COUNTY OF HAWAII nnbtst Yo FILL Y ' I ""~W'~ J ' OF~ OFFICE OF .THE COUNTY CLERK I do hereby certify that the tabulation of votes cast at the Genersl Election held on Tuesday, November 5, 1974, in the County of Hawaii as taken from the Official Returns of the Results of Votes Cast at said election now on file in this office on the referendum on Ordinance No. 32, and the Amendments to the Charter of the County of Hawaii as proposed by the County Council are as follows: FOR AGAINST Referendum on Ordinance No. 32 5,401 21,727 Fluoridation of Water Supply Amendments to the Charter 1. Ordinance No. 56 13,004 10,139 (Establishing Councilmen's salary by Mayor's Commission) 2. Ordinance No. 57 16,171 6,283 (Change date of budget submission) 3. Ordinance No. 58 12,886 9,655 (Confidentiality of News Sources) 4. Ordinance No. 59 13,404 9,606 - .(Deletes need for Speeial Election) 4'\ November 26, 1974 ~/ w Ted T. Suz -. COUNTY CLERK