HomeMy WebLinkAboutORD 2012-070 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 192
(DRAFT 2)
ORDINANCE NO. 12 %U
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE III, SECTION 3 -17,
OF THE HAWAII COUNTY CHARTER (2010 EDITION), RELATING TO THE
COUNTY REDISTRICTING COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the
Hawai`i County Charter to prohibit redistricting commissioners from becoming a candidate for
the County Council for the first election cycle following the redistricting.
SECTION 2. Article III, section 3 -17 of the Hawai`i County Charter (2010 Edition) is
amended to read as follows:
"Section 3 -17. County Redistricting Commission.
(a) There shall be a county redistricting commission which shall establish the
boundaries of the council districts.
(b) The initial redistricting commission shall consist of seven members, two of whom
shall be residents of the combined judicial districts of North and South Hilo, one
from the judicial district of Puna, one from the judicial district of Ka`u, one from
the combined judicial districts of North and South Kona, one from the combined
judicial districts of North and South Kohala, and one from the judicial district of
Hamakua. The members shall be appointed by the mayor and confirmed by the
council in the manner prescribed in Section 13 -4.
(c) Each subsequent redistricting commission shall consist of nine members. One
member shall be a resident of each council district as established by the previous
redistricting commission. The members shall be appointed by the mayor and
confirmed by the council in the manner prescribed in Section 13 -4.
(d) The year 1991 and every tenth year thereafter shall be redistricting years. The
redistricting commission shall be appointed and confirmed by July 1 of the year
immediately preceding the redistricting year, and shall file a redistricting plan
with the county clerk by December 31 of the redistricting year. A report shall be
filed with the redistricting plan providing an explanation of the commission's
reasoning for the plan and how the plan complies with the criteria provided in
subsection (g). The redistricting commission shall be dissolved after the filing of
the redistricting plan.
(e) Prior to completing a draft of the redistricting plan, the commission shall hold at
least one public hearing in each of the nine council districts. Upon completion of
a draft redistricting plan, the commission shall hold at least one public hearing in
east Hawai`i and one in west Hawai`i.
(f) The county clerk shall furnish all necessary technical and secretarial services for
the redistricting commission. The council shall appropriate necessary funds to
enable the commission to carry out its duties.
(g) The redistricting commission shall adhere to the following criteria in establishing
the boundaries of the council districts:
(1) No district shall be drawn to unduly favor or penalize a person or political
faction;
(2) Insofar as possible, districts should be contiguous and compact;
(3) District lines shall, where possible, follow permanent and easily
recognizable features;
(4) Districts shall have approximately equal resident populations as required
by applicable constitutional provisions.
(h) The district boundaries as established by the redistricting commission shall be in
effect at the first regularly scheduled council election following the filing of the
plan and for any subsequent council election. The district boundaries in effect
prior to the filing of the redistricting plan shall remain in effect during the
duration of the term of all councilmembers elected or appointed to represent such
districts until the expiration of the full term of such councilmembers, including
any election held to fill an unexpired term under Section 3 -5.
fp No member of the redistricting commission shall be eligible to become a
candidate for election to the County Council in the first election under any such
redistricting plan."
SECTION 3. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser
need not include the underscoring.
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 severable.
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawai`i County for approval
in the 2012 general election.
2
SECTION 6. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2012 General Election, as
duly certified. The provisions of this charter amendment shall take effect in the first County
election following the 2021 redistricting plan.
INTRODUCED BY:
Kona , Hawai`i
Date of Introduction: April 4, 2012
Date of 1st Reading: April 4, 2012
Date of 2nd Reading: April 17, 2012
Date of 3rd Reading: May 2, 2012
Effective Date:
REFERENCE: Comm.
Upon its aOVal by a majority of voters
in 2012 General IIecticn, this ordinance
shall take effect in the first County
election following the 2021 redistricting plan.
587.2
3
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
(Dr
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Pete Hoffmann
April 4, 2012
April 4, 2012
April 14, 2012
April 4, 2012: First of three required
rdgs.
Pursuant to Section 15 -1(a), Hawai'i County
Charter.
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
April 17, 2012
April 17, 2012:
Second of three
required rdgs.
Pursuant to Section 15 -1(a), Hawai'i County
Charter.
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
X
Ford
X
Hoffmann
X
Ikeda
X
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
6
2
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Bias
X
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
1
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FOR AND LEG LI Y.
DEPUTY CORP RA ION COUNSEL
COUNTY OF HAWAII
Date S (S7L
Approved /Disapproved this day
of , 20
MAYOR, COUNTY OF HA WAI 7
Page 1 of 2
COUNCIL CHAIRPERSON
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
192 (Draft 2)
C- 587.2/GRC -13
12 x ~�
U
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawaii
Third Reading: May 2 , 2012
To Mayor: May 11, 2012
Returned: May 16, 2012
Effective: See ':'R ?marks" section below
Published: May 24, 2012
REMARKS:
May 2, 2012: Third of three required rdgs.
Pursuant to Section 15 -1(a), Hawaii County
Charter . Effective: Upon its aproval b✓ a n ajC ty
of esters in 2012 General Election, this ordinate
shall take effect in the first Crartty e1x_tJm
following the 2021 redistricting plan.
C ("i I t s 9 Y C
c rc \„
t r
2OI2 to 1 6 PH 2: 27
ROLL CALL VOTE
AYES
NOES
ABS
X
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yosh• • oto
X
7
2
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
7
2
0
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council publishe
indicated above.
APPROVED AS TO
FORM A D LEGAL TY:
ttt
DEPUTY CORPOR TION COUNSEL
COUNTY OF HAWAII
Date
approved this
161
MAYOR, COUNTY OF HAWAII
day
Page 2 of 2
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
192 (Draft 2)
C- 587.2/GRC -13
12 70