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.