HomeMy WebLinkAboutORD 2018-098 2016-2018 .-0-e os..............
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COUNTY OF HAWAII • P�''��.:ff * STATE OF HAWAII
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BILL NO. 182
ORDINANCE NO. 18 98
AN ORDINANCE AMENDING CHAPTER 36,ARTICLE 1,ARTICLE 4,AND
ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS
AMENDED),RELATING TO MAXIMUM COUNCIL DISTRICT DEVIATION IN ANY
REDISTRICTING PLAN.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to increase the maximum council district
deviation from 4.99 percent to 5.99 percent without changing the total deviation for the entire
plan to allow the Redistricting Commission flexibility to accommodate perceived community
boundaries, as recommended in the final report submitted by the 2011 Redistricting Commission.
SECTION 2. Chapter 36, article 1, section 36-1, of the fIawai`i County Code 1983
(2016 Edition, as amended) is amended by amending the definition of"Council district
deviation"to read as follows:
'Council district deviation"means the number of percentage points plus or minus ['1.99]
5.99 percent that a population assigned to a council district differs from that of an ideal council
district's population."
SECTION 3. Chapter 36, article 4, section 36-6, of the fIawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 36-6. Maximum council district deviation.
(a) The maximum council district deviation for a proposed council district shall not
exceed plus or minus [ 1.99] 5.99 percent of an ideal council district's population.
(b) If practicable, documented, high-growth areas shall be drawn to receive the most
negative council district deviation percentage in the final plan so that as a high growth
area or district continues to increase in population between census years,the council
district's deviations may be equalized."
SECTION 4. Chapter 36, article 5, section 36-8, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended to read as follows:
"Section 36-8o Alternate plan consideration.
(a) To be considered for commission review,the alternate plan shall include a .
computerized map of the proposed council districts, the total population number used
to devise the plan,the total deviation not to exceed ten percent, and the deviation for
each council district not to exceed plus or minus [4,99] 5.99 percent.
(b) An alternate plan shall be provided to the commission for discussion at public
hearings unless the commission formally rejectsthe alternate plan for just cause.
(c) Any alternate plan submitted for consideration that the commission has not formally
rejected for just cause during public hearings shall continue to be considered by the
commission for the remaining public hearings and meetings until a final plan is
selected."
SECTION 5. Chapter 36, article 5, section 36-9, of the Hawai`i County Code 1983
(2016 Edition, as amended) is repealed:
["- . . '-�. ; '. . • .; . • �; ; • . • • ;; .. . .
L An alternate plan:
(1) Shall conform to the criteria described in this chapter and in the Charter, and
any other criteria adopted by the commission.
(2) Having a lower total deviation than the commission's plan while not
exceeding plus or minus 4.99 percent in any council district nor having a total
the alternate plan offered.
(3) Shall include written justification for any divergence from the established
criteria."]
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 7. Severability. 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 declared to be severable.
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: September 19, 2018
Date of 1st Reading: September 19, 2018
Date of 2nd Reading: October 3, 2018
Effective Date: October 17, 2018
REFERENCE Comm. 1034
2
OFFICE OF THE COUNTY CLERK °QOM. CL HAWAII
CountY of Hawaii
Hilo, Hawaii
COUNTY OF t OCT 1 '� 0
Introduced By: Eileen O'Hara ROLL CALL VOTE
Date Introduced: September 19, 2018 AYES NOES ABS EX
First Reading: September 19, 2018 Chung X
Published: September 29, 2 018 David X
Eoff X
REMARKS. Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
Second Reading: October 3 , 2018 7 0 2 0
To Mayor: October 11, 2018
Returned: October 18, 2018 ROLL CALL VOTE
Effective: October 17, 2018. AYES NOES ABS EX
Published: October 27, 2018
Chung X
David X
REMARKS. Eoff X
Kanuha X
Lee Loy X
O'Hara X
Poindexter X
Richards X
Ruggles X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
1111,
COUNCIL CHAIRPERSON
.prove#21 isapproved this 11441 day �
of , 20 ig ! NTYC =a
1LSBill No.: 182
MAYOR, OUNTY F AWAI`I C-1034/GREDC-9
Reference:
Ord No.: 1,8 98
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