HomeMy WebLinkAboutORD 1996-086 1994-1996A BILL FOR AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE
HAWAII COUNTY CHARTER (1991), AS AMENDED, ARTICLE XIII, SECTION 13 -1,
RELATING TO GENERAL PROVISIONS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and Purpose. The change reflected in this ordinance is viewed by
the Council as a sincere effort to bring the County Charter into harmony with the Constitution of
the State of Hawaii and the Hawaii Revised Statutes.
As long as an elected County official fulfills his/her duties to the office, there is no
reason to force the elected official to vacate that office simply because papers are filed to run for
another office which begins after that respective term ends. A County elected official who
wishes to run for an elected office that begins after his/her term should be treated equally
without regard to the office being sought.
However, if a County elected official wishes to run for an office, the term of which
begins before the end of his/her current elected office, that seat should be considered vacant at
the time one's nomination papers are filed to run for election to a non -coterminous office.
SECTION 2. Section 13-1 of the Hawaii County Charter (1991), as amended, relating to
General Provisions is hereby amended to read as follows:
"ARTICLE XIII
GENERAL PROVISIONS
Section 13-1. Definitions. As used in this charter:
(a) "Agency" means any office, department, board, commission or other
governmental unit of the county.
(b) "Executive Agency" means any agency or department of the executive branch of
the county government.
(c) "Employee" means any person, except an officer, employed by the county or any
agency thereof but the term shall not include an independent contractor.
(d) "Officer" includes the following:
(1) Mayor and members of the council.
(2) Any person elected or appointed as administrative head of any agency of
the county or appointed as a member of any board or commission
provided for in this charter.
(3) Any person appointed by a board or commission as the administrative
head of any agency of the county.
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(4) Deputy, assistant or division chief appointed by the administrative head of
any agency of the county.
(5) Assistant or deputies of the corporation counsel and prosecution attorney.
(e) "State" means the State of Hawaii.
(f) "Vacancy" shall have the following meaning:
Any elective office shall become vacant on the happening of any one of the following
events before expiration of the term:
(1) Death.
(2) Resignation.
(3) Upon the determination by the county clerk that the officer was not a duly
qualified elector of the county, and, if required, not a duly qualified
elector of the district of which the officer was elected immediately
preceding the election or appointment.
(4) Ceasing to be a resident voter of the county as determined by the county
clerk and in the case of an officer elected to a seat requiring residency in a
district, ceasing to be a resident voter of that district as determined by the
county clerk.
(5) Absence from the county, unless on county authorized business, for a
period of three consecutive months, without good cause.
(6) Removal by recall as provided by this charter.
(7) Removal by impeachment proceedings for malfeasance, misfeasance,
nonfeasance, or maladministration in office as provided by this charter.
(8) Upon the determination by three impartial, licensed physicians selected by
the council that the officer is mentally or physically infirm or disabled and
will be unable to discharge the officer's duties for the remainder of the
term. Such action shall be initiated by a majority vote of the entire
council.
(9) Upon filing nomination papers for another elective office [during the
officer's own term of office.] if the term of the office soughtgins before
the end of the term of the office held.
(10) Upon the conviction of any felony in any jurisdiction.
If any of the above events occurs after the election, but prior to the commencement of the
term, office is vacant at the time the term commences."
SECTION 3. New material is underscored. Material to be repealed is bracketed. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. 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.
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SECTION 5. This ordinance shall take effect upon its approval by the electors of the
County.
Hilo, Hawaii
Date of Introduction:
June
3,
1996
Date of 1st Reading:
June
19,
1996
Date of 2nd Reading:
July
3,
1996
Date of 3rd Reading:
July
18,
1996
Effective Date:
July
26,
1996
REFERENCE: Corte 1169.01
a = `,996
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INTRODUCED BY:
�OUNCIIL MEMBER, COUNTY OF HAWAII
3
a
Introduced By:
Date Introduced:
First Reading:
Published:
OFFICE OF THE COUNTY CLERIC
County of Hawaii
Keiko Bonk -Abramson
,lune 3, 1996
June 3, 1996
N/A
Hilo , Hawaii
REMARKS:
06/03/96 - Close file, failed to acquire the
required two -third vote
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
Bonk -Abramson
Childs
De Lima
Domingo
Osorio
Rath
Ray
Smith
I 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.:
Reference:
Ord. No.:
273 ( Draft 2 )
C-1169/FC/261
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
X
De Lima
X
Domingo
X
Osorio
X
Rath
X
Ray
X
Smith
X
5 4 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
Bonk -Abramson
Childs
De Lima
Domingo
Osorio
Rath
Ray
Smith
I 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.:
Reference:
Ord. No.:
273 ( Draft 2 )
C-1169/FC/261
0
Introduced By:
Date Introduced:
First Reading:
Published:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Keiko Bonk -Abramson
June 3, 1996
June 19, 1996
N/A
Hilo , Hawaii
REMARKS:
06/19/96 - Reconsideration of 06/03/96 1st
reading vote
Second Reading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
July 3, 1996
N/A
(DRAFT 2)
I 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, COUN'T'Y OF HAWAII
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord. No.:
273 ( Draft 2 )
C-1169/FC-261
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
X
De Lima
x
Domingo
X
Osorio
X
Rath
X
Ray
X
Smith
X
7 1 1 0
I 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, COUN'T'Y OF HAWAII
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord. No.:
273 ( Draft 2 )
C-1169/FC-261
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
X
De Lima
X
Domingo
X
Osorio
X
Rath
X
Ray
X
Smith
x
8 1 0 0
I 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, COUN'T'Y OF HAWAII
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord. No.:
273 ( Draft 2 )
C-1169/FC-261
•
Introduced By:
Date Introduced:
First Reading:
Published:
Third
SReading:
To Mayor:
Returned:
Effective:
Published
REMARKS:
- OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
July
18,
1996
July
19,
1996
July
26,
1996
July
26,
1996
August 2, 1996
ROLL CALL VOTE
i
Osorio
(DRAFT 2)
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as .
indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/D' . I ed this
ZG
day
Bitl No.: 273 ( Draft 2 )
Reference: C-1169/FC-261
Ord. No.: 96 Sb
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Bonk -Abramson
X
Childs
X
De Lima
X
Domingo
X
Osorio
X
Rath
X
Ray
X
Smith
X
6 3 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as .
indicated above.
COUNCIL CHAIRMAN
COUNTY CLERK
Approved/D' . I ed this
ZG
day
Bitl No.: 273 ( Draft 2 )
Reference: C-1169/FC-261
Ord. No.: 96 Sb