HomeMy WebLinkAboutRES 218 Draft 01 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 218 12
RESOLUTION DIRECTING THE CLERK OF THE COUNTY OF HAWAII TO TAKE
NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY
ORDINANCE NO. 11 -85 ON THE 2012 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
sections 15 -1 and 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 Hawai`i 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 amendments in a daily newspaper of general
circulation in the County at least forty -five days prior to submission to the electors of the County
as well as via an electronic medium, such as the interne; 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 not later than 4:30 p.m. on the seventy -fifth calendar day prior to
the election; and
WHEREAS, the next general election will be held on November 6, 2012; and
WHEREAS, Ordinance No. 11 -85, which proposes an amendment to the Hawai`i
County Charter relating to records and meetings open to the public, was adopted after three
readings on the following dates by the following votes:
Reading
First Reading
Second Reading
Third Reading
Date
August 17, 2011
September 8, 2011
September 21, 2011
Vote
8 ayes, 1 absent and excused
8 ayes, 1 no
7 ayes, 1 no, 1 absent and excused
WHEREAS, Ordinance No. 11 -85 was approved by Mayor William P. Kenoi
October 13, 2011, and published on October 25, 2011; and
on
WHEREAS, August 23, 2012, is the seventy -fifth calendar day prior to the next
scheduled general election; and
WHEREAS, September 22, 2012, is the forty -fifth calendar day prior to the next
scheduled general election; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby directs the Clerk of the County of Hawai`i to take all necessary steps provided for in all
applicable provisions of the Hawai`i County Charter and the Hawai`i Revised Statutes, within
the prescribed time limits, for placing the Charter amendment proposed by Ordinance No. 11 -85
on the 2012 General Election ballot for approval by the voters of the County.
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., August 23, 2012, pursuant to section 11- 119(b), Hawai`i Revised
Statutes, and publication of the full text of the Charter amendment proposed by Ordinance No.
11 -85 in the Hawai`i Tribune Herald and the West Hawai`i Today, two newspapers of general
circulation in the county, prior to Saturday, September 22, 2012, the forty -fifth day prior to the
2012 General Election, pursuant to section 15 -2, Hawai`i County Charter.
BE IT FINALLY RESOLVED that certified copies of this resolution be sent to Scott T.
Nago, Chief Election Officer of the State of Hawai`i; and Jamae K.K. Kawauchi, Clerk of
Hawai`i County.
Dated at Hilo, Hawai`i, this 15th day of February , 2012
INTRODUCED BY:
COLT CIL MEMBER, COUNTY Off' HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai`i on February 15, 2012
ATTEST:
1, :4 ittr.i'f ,
COUNTY CLERK CHAIRPERSON & PRESIDIN • F ER
2
ROLL CALL VOTE
Reference: C- 545 /GRC —11
RESOLUTION NO. 218 12
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
9
0
0
0
Reference: C- 545 /GRC —11
RESOLUTION NO. 218 12