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x +<r of„ Lincoln S.T.Ashida <br /> Harry Kim <br /> Corporation Counsel <br /> Mayor +s '• <br /> Gerald Takase <br /> .+f,.• +�;�; Assistant Corporation <br /> 'r.•„•;,'+ Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 + Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> May 26, 2004 <br /> Corporation Counsel Opinion 2004-03 <br /> Honorable Bob Jacobson <br /> Hawaii County Council <br /> County of Hawaii <br /> 25 Aupuni St. <br /> Hilo, HI 96720 <br /> Dear Councilman Jacobson: <br /> RE: Article III, Section 3-2, Hawaii County Charter <br /> WRK. NO. 03-3641 <br /> You have asked the Office of the Corporation Counsel to opine on the <br /> legal effect of the 1996 Hawaii County Charter (hereinafter"Charter”) <br /> amendment pertaining to Council member term limits. Specifically, you ask <br /> whether the present Charter language providing for term limits for Council <br /> members of four consecutive two-year terms applies to members who were <br /> elected in 1996, contemporaneous with the 1996 Charter amendment. <br /> Our analysis of this issue began in 2001, when we first examined <br /> nationwide case law concerning legal challenges made to term limit legislation. <br /> Our preliminary research indicated there was a significant body of case law in <br /> other jurisdictions which supported a finding that our term limit law would not <br /> apply to those members of the Council who were elected contemporaneously <br /> with the 1996 Charter amendment. <br /> Pursuant to Section 11-2, Hawaii Revised Statutes, as amended <br /> (hereinafter"HRS"), and Article III, Section 3-6 of the Charter, County Clerk Al <br /> Konishi is charged with the responsibility of overseeing elections in our County. <br /> Two important statutory functions of his office are the responsibility for <br /> "maximization of registration of eligible electors throughout the State," and "public <br /> education with respect to voter registration and information." (HRS Sections 11- <br /> 2(b) and (c), respectively). Mr. Konishi is also charged with the responsibility of <br /> determining the suitability of those seeking elective office. <br /> To this end, in February of 2003, Mr. Konishi authored a document entitled <br /> "Findings: Review of Hawaii County Charter Provision on Council Term Limits." <br /> Hawai'i County is an Equal Opportunity Employer and Provider <br />