HomeMy WebLinkAboutBIL 130 Draft 01 1996-1998OFFICE
INFORMATION ONLY
Meeting:
June 1,
1998
- Hawaii
County
Council
Action: File closed - Motion to close file on the bill was
made by the introducer (Mr. Arakaki), duly seconded,
and carried. FC -134 was not adopted.
Re: Bill 130/C-463/FC-134
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 130
ORDINANCE NO.
A BILL FOR AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE
HAWAII COUNTY CHARTER (1991), AS AMENDED, ARTICLE III, SECTION 3-4,
RELATING TO THE LEGISLATIVE BRANCH, COUNTY COUNCIL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and Purpose. The current composition of the Council, nine single
member district representatives, who are elected to serve for a period of two years, was adopted
by the electorate in 1980. However, since that time, not all Charter sections have been properly
amended to reflect this adjustment from four to two year terms. If adopted, this ordinance will
correct present inconsistencies in the event of a vacancy on the County Council.
SECTION 2. Section 3-4 of the Hawaii County Charter (1991), as amended, relating to
the Legislative Branch -County Council is hereby amended to read as follows:
"ARTICLE III
LEGISLATIVE BRANCH
COUNTY COUNCIL
Section 3-4. 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 succeeded with the requisite qualifications to fill the vacancy. Within thirty
days after the occurrence of any vacancy, the council chairperson 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 chairperson 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 and seated.
[If the vacancy occurs less than sixty days before the next regularly scheduled primary
election, the person appointed shall serve the entire unexpired term.
If the vacancy occurs more than two years before the end of the term, and sixty days or
more before the next regularly scheduled primary election, the council shall, through its clerk,
immediately issue an election proclamation announcing that candidates shall be nominated to fill
the unexpired term of the office at a special primary election to be held at the same time as the
regularly scheduled primary election, and that the successor shall be elected at a special general
election, to be held at the same time as the regularly scheduled general election. The
proclamation shall also announce the date for the close of filing of nomination papers for the
office, which shall be ten days after the issuance of the election proclamation, or sixty days
before the primary election, whichever comes later. The election shall be held in accordance
with the election laws of the state insofar as otherwise 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. Material to be repealed is bracketed. In printing this ordinance, bracketed
material need not be included.
SECTION 4. Severability. If any provisions of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does 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 me declared to be
severable.
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution
shall provide that this amendment be submitted to the electorate of the county for approval at the
next general election.
SECTION 6. This ordinance shall take effect upon its approval by the electors of the
County.
ISS
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
AE4kNcF, Comm, 463
COUNTY OF HAWAII