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HomeMy WebLinkAboutComm No 0039.02 - Proposed Amendment to CA-22Douglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson Date: May 20, 2019 2018-2020 HAWAII COUNTY CHARTER COMMISSION To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission William Carthage Bergin Michelle Galimba Paul K. Hamano Kevin D. Hopkins Bobby Jean Akane Leithead Todd Sarah H. Rice Christopher John Imiloa Roehrig Marcia A.K. Saquing Donna Mae Springer RE: Proposed Amendments to CA -22; Proposed Amendment to Section 12-1.3 — Relating to Removal of Elected Officers; Submitted by Commissioner Adams Please see below a proposed amendment to CA -22, which would add Section 11-5 of the Charter to this proposal. Material to be added is underscored; material to be deleted is bracketed and stricken through. A draft of CA -22, as amended, is attached for illustrative purposes. 1. CA -22 is amended by adding a new Section 1 to read as follows: "Section 1. Article XI, Section 11-5, of the Hawai`i County Charter (2018 Edition), is amended by amending subsection (b) to read as follows: "(b) For acceptance of petitions, the clerk shall require that: (1) The petitions indicate the five members of the committee for that petition by name and residence address as they appear on the general county register for the County of Hawai`i. (2) The petitions indicate the designated representative for the committee and the address to which all notices for the committee are to be sent. (3) The petitions be filed on papers of uniform size and style and assembled as one instrument. (4) Each elector signing such petitions shall print their name, which shall be reasonably similar to their name as it appears on the general county register for the County of Hawai`i, and add their signature[;] and month and day of their birth date[, and the last four digits of their social security number] on said petition. The petition contain a prominent notice stating whether one or more petition circulators are to be paid. Paid means monetary payment or (5) Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 39.2 Page 2 of 4 (6) (7) payment of goods or services. Pay for petition circulators shall not be based on the number of signatures collected. The petition contain the ballot title and the ballot question. Each page of the completed petition form shall be numbered consecutively."" 2. CA -22 is amended by reassigning Section numbers in accordance with the addition of a new Section 1. Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh Page 3 of 4 CHARTER AMENDMENT NO. CA -22 (proposed Draft 2) BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII: Section 1. Article XI, Section 11-5, of the Hawai`i County Charter (2018 Edition), is amended by amending subsection (b) to read as follows: "(b) For acceptance of petitions, the clerk shall require that: (1) The petitions indicate the five members of the committee for that petition by name and residence address as they appear on the general county register for the County of Hawai`i. (2) The petitions indicate the designated representative for the committee and the address to which all notices for the committee are to be sent. (3) The petitions be filed on papers of uniform size and style and assembled as one instrument. (4) Each elector signing such petitions shall print their name, which shall be reasonably similar to their name as it appears on the general county register for the County of Hawai`i, and add their signature[;] and month and day of their birth date[, and the last four digits of their social security number] on said petition. (5) The petition contain a prominent notice stating whether one or more petition circulators are to be paid. Paid means monetary payment or payment of goods or services. Pay for petition circulators shall not be based on the number of signatures collected. (6) The petition contain the ballot title and the ballot question. (7) Each page of the completed petition form shall be numbered consecutively." Section 2. Article XII, Section 12-1.3, of the Hawai`i County Charter (2018 Edition), is amended to read as follows: "Section 12-1.3. Signatures. Signers of a recall petition shall print their name, which shall be reasonably similar to their name as it appears on the general county register for the County of Hawai`i, and add their signature, residence address, and month and day of their birth date[, and the last four digits of their social security number] on said petition. To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in the circulator's presence and is believed to be the genuine signature of the person whose name it purports to be, and that each signer understood the nature of the recall petition." Section 3. Charter material to be repealed is bracketed and stricken through. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i (2020), the revisor need not include the brackets, bracketed and stricken material, or underscoring. Page 4 of 4 Section 4. The revisor of the charter shall renumber charter article, chapter, and section numbers and any cross references thereto pursuant to amendments approved by the electorate. Section 5. 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 6. This amendment shall take effect upon approval by the electorate.