HomeMy WebLinkAboutOrdinance 06-084COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 261
Draft 2
ORDINANCE NO. d6 84
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO SECTION 12 -2.1,
CHAPTER 2, ARTICLE XII, OF THE HAWAII COUNTY CHARTER (2000),
RELATING TO IMPEACHMENT OF ELECTED OFFICERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Impeachment of an elected officer, or officer appointed to a
vacancy in any elected office, for malfeasance, misfeasance, nonfeasance, or maladministration
in office is a serious charge brought by registered voters against the officer in the circuit court.
The number of registered voters required to bring forward a verified petition for impeachment
has remained at one hundred for over twenty -five years. In the ensuing years, the voting
population has increased throughout Hawaii County, and in 1990, the Hawaii County Charter
was amended to provide for the nine council members to be elected from single- member districts
rather than at- large. However, under current impeachment provisions, a council member could
be charged by one hundred voters who are not registered in the respective council member's
district and did not vote for the elected council member. The purpose of this charter amendment
is to raise the low threshold of registered voters required to bring the significant charges of
malfeasance, misfeasance, nonfeasance, or maladministration against an elected officer or officer
appointed to a vacancy in any elected office. It also provides that only those voters who are
registered in the council district of the respective council member may bring such charges to the
circuit court when impeaching a district council member.
If adopted, this measure shall not apply retroactively to council members serving in
council term 2004 -2006.
SECTION 2. Section 12 -2.1, chapter 2, article XII, of the Hawaii County Charter
(2000), relating to Impeachment, is amended to read as follows:
"CHAPTER 2
IMPEACHMENT
Section 12 -2.1. Impeachment of Elected Officers. Any elected officer or officer
appointed to a vacancy in any elected office may be impeached for malfeasance, misfeasance,
nonfeasance, or maladministration in office. The circuit court shall be a court of impeachment
for the trial of any such officer who may be charged on any of the foregoing grounds. The
charges shall be set forth in detail in writing in a verified petition for impeachment signed [net
l,,.... than ,. a 1,....,red (100 quahava vie,..ars; ofthe e ......1 by not less than two percent of
registered voters in the county in the last general election for impeachment of the mayor or
prosecuting attorney, or by not less than two percent of registered voters in the respective council
district in the last general election for impeachment of a council member. Any person who signs
a verified petition for impeachment of the mayor or prosecuting attorney shall be a registered
voter in the county, and any person who signs a verified petition for impeachment of a council
member shall be a registered voter in the respective council district.
The court shall sit without a jury and shall proceed according to the form required for the
trial of all civil cases.
If the court sustains the charge, the officer shall be deemed removed from office and the
office declared vacant under this charter."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. 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.
2
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
at the 2006 general election.
SECTION 6. The charter amendment proposed in this ordinance shall take effect upon
approval by a majority of voters in the 2006 general election.
SECTION 7. Upon taking effect, the charter amendment proposed in this ordinance shall
not be applied retroactively, but shall only affect petitions for impeachment verified by the
county clerk after its effective date. Further, this ordinance shall not apply retroactively to
council members serving in council term 2004 -2006.
Hilo
Hawaii
Date of Introduction:
May 2,
2006
Date of I" Reading:
May 2,
2006
Date of 2nd Reading:
May 17,
2006
Date of 3`d Reading:
June 5,
2006
Effective Date:
June 16, 2006
UFL- p[NCcs Comm. 807.1
INTRODUCED BY:
OUNCIL MEMBER, COUNTY OF HAWAII
F
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
(Draft 2)
Introduced By: Stacy K. Higa
Date Introduced: May 2, 2006
First Reading: May 2, 2006
Published: May 12, 2006
REMARKS:
Second Reading: May 17, 2006
To Mayor: N/A
Returned: N/A
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
8
0
1
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
ApprovecUDisapproved this day
20
dIAYOR, COUNTYOl,'HAWAI'I
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
261 (Draft 2)
C- 807.1 /FC -281
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
RLMARKS,
Third Reading: June 5, 2006
ToMavor: June 7, 2006
Returned.
June
16,
2006
Eftectivc:
June
16,
2006
Published:
June
23.
2006
REMARKS.
;; • ,R L TE
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
Safar'
ROLL CALL VOTE;
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
9
0
0
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL ,HAIRMAN
COUNTYCLLRK
APPROVED AS TO
F M AND LEGALITY:
RF!PW;P*CORPORATION COUNSEL
COUNTY OF HAWAII
Date PIN 4 '2006
pproee isapp oved this I day
of J UM?i )h r7�
c 1
1'OIZ, C �� ITY OF HAWAI I
Bill No.: 261 (Draft 2)
Reference: C- 807.1 /FC -281
Ord No.: 06 84