HomeMy WebLinkAboutBIL 273 Draft 01 1994-1996ORDINANCE NO.
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 their duties to the office there is no reason to
force the elected official to vacate their office simply because they file papers to run for another
office which begins after their current term ends. All County elected officials who wish to run
for an elected office which begins after their term should be treated equally without regard to
which office they wish to run for.
However, if a County elected official wishes to run for an office, the term of which
begins before the end of their current elected office, their seat should be considered vacant as
soon as they file papers 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.
"Executive Agency" means any agency or department of the executive branch of
(b)
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.
(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 sought begins 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 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 1 st Reading: June 19, 1996
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REEEPIENCE. COM, ,.,.,,,,,1.�.EL�..�..,,�,..
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII