HomeMy WebLinkAboutCA-35 RECALLPROPOSAL NO. _CA-35_
(For Commission Use Only)
2009-2010 HAWAI‘I COUNTY CHARTER COMMISSION
CHARTER AMENDMENT PROPOSAL FORM
1. GENERAL INFORMATION
Name of Commission Member:____CASEY JARMAN___________________________
2. If applicable, list the charter provision(s) to be deleted or amended:
Article XII, chapter 1, Section 12-1.1 through 12-1.9.
3. Provide a brief description of the purpose of the proposed charter amendment; include
a description of the issue the proposal would address:
The purpose is to re-write Article XII, chapter 1, Section 12-1.1 through 12-1.9 on
Recall to provide definitions, to define the petitioners’ committee requirements,
the petition, and timelines, to clarify petition sufficiency requirements, the recall
procedure, the county clerk’s duties, and the method to filling vacancies.
4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction,
name the jurisdiction and, if possible, attach a copy of the relevant provision(s).
5. If the proposal is based on any written materials you have, please attach a copy with a
citation to its source.
See reverse side
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Ramseyer Format, if proposing:
Amendments to Existing Charter Provisions
Any language being proposed to be added to the Charter shall be underscored.
Any language being proposed to be deleted from the Charter shall be [bracketed].
Replacing Existing Charter Provisions in their Entirety
Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed
to be deleted, and provide the text of any provisions proposed to replace the deleted
material.
New Charter Provisions
Provide the text of the new provision(s) and, if possible, indicate where in the Charter the
new material should be inserted.
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CHARTER AMENDMENT NO.
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI‘I:
Section 1. Article XII, chapter 1 Hawai‘i County Charter, is amended by re-writing
subsection 12-1.1 through 12-1.9 to read as follows, with added language underscored
and deleted language bracketed and stricken through:
“ [ ARTICLE XII
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 12-1.1. Recall Procedure.
In addition to impeachment procedures, any elective officer may be
removed from office by the voters of the county. The procedure to effect such
removal shall be in accordance with this article.
A petition demanding that the question of removing such official be
submitted to the voters shall be addressed to the council and filed with the county
clerk.
(a) A petition demanding recall of an official elected at-large, or by
voters of the entire county, as the case may be, shall be signed by qualified voters
equal to or greater than twenty-five percent of the total number of persons who
registered in the last general election.
(b) A petition demanding recall of a district council member shall be
signed by qualified voters equal to or greater than twenty-five percent of the total
number of persons who registered in the district in the last general election.
(c) The term “qualified voter” means a person who is registered to
vote in the county on the day that the clerk begins the examination to determine
the sufficiency of the signatures on the petition.
(1979, Prop. 9; 1990, Prop. 12, sec. 1; 1990, Prop. 14, sec. 1.)
Section 12-1.2. Petitions.
Petition papers shall be procured only from the county clerk, who shall
keep a sufficient number of such blank petition papers on file for distribution as
herein provided. Prior to the issuance of such petition papers, an affidavit shall be
made by one or more voters and filed with the clerk, stating the name and office
of the officer sought to be removed. (1979, Prop. 9.)
Section 12-1.3. Signatures.
Signers of a recall petition shall print their names and their signature, their
residence address, and the date of signing on said petition. To each such petition
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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. (1979, Prop. 9; 1990, Prop. 12, sec. 1;
1990, Prop. 14, sec. 1; 2006, Ord. No. 06-96, sec. 4.)
Section 12-1.4. Filing and Certification.
All papers comprising a recall petition shall be assembled and filed with
the county clerk as one instrument within thirty (30) days after the filing with the
clerk of the affidavit stating the name and office of the officer sought to be
removed. Within thirty working days from the filing of such petition, the clerk
shall determine if the petition contains sufficient signatures and prepare a
certificate showing the result of the examination. If the clerk shall certify that the
petition is insufficient, the clerk shall set forth in the certificate the particulars in
which the petition is defective and shall return a copy of the certificate to the
person designated in such petition to receive it. (1979, Prop. 9; 1990, Prop. 12, sec.
1; 1990, Prop. 14, sec. 1.)
Section 12-1.5. Supplemental Petitions.
In the event the initial petition contained insufficient signatures, such
recall petition may be supported by supplemental signatures of voters signed in
the manner required in Section 12-1.3 of this article appended to petitions issued,
signed, and filed as required for the original petition at any time within ten days
after the date of the certificate of insufficiency by the clerk. The clerk shall,
within five working days after such supplemental petitions are filed, make a like
examination of them, and if the certificate shall show the same to be still
insufficient, the clerk shall return it in the manner described in Section 12-1.4 of
this article to the person designed in such petition to receive the same, and no new
petition for the recall of the officer sought to be removed shall be filed within one
year thereafter. (1979, Prop. 9; 1990, Prop. 12, sec. 1; 1990, Prop. 14, sec. 1.)
Section 12-1.6. Recall Election.
If a recall petition or supplemental petition shall be certified by the clerk
to be sufficient, the clerk shall at once submit the same with the certificate to the
council and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within ten (10) days after such
notice, the council shall thereupon order and fix a day for holding a recall
election. Any such election shall be held not less than sixty (60) nor more than
ninety (90) days after the petition has been presented to the council, or at the same
time as any other special election held within such period, the council shall call a
special recall election to be held within the time aforesaid. If less than fifty
percent of the total number of persons who registered in the last general election
shall vote at such election to recall an official elected at-large, or by voters of the
entire county, as the case may be, or in the case of a recall of a district council
member, if less than fifty percent of the total number of persons who registered in
the district in the last general election shall vote at such recall election, the officer
sought to be recalled shall not be deemed recalled. (1979, Prop. 9; 1990, Prop. 14,
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sec. 1.)
Section 12-1.7. Ballots.
The ballots at such recall election shall, with respect to each person whose
removal is sought, submit the question: “Shall (name of person) be removed from
the office of (name of office) by recall?” If a majority of the electors qualified to
vote on the question at a recall election vote “Yes”, the elected officer shall be
deemed recalled and removed from office, subject to the provisions of Section 12-
1.6 of this article. (1979, Prop. 9.)
Section 12-1.8. Succeeding Officer.
The incumbent, if not recalled in such election, shall continue in office for
the remainder of the unexpired term subject to the recall as before, except as
provided in this charter. If recalled in the recall election, the incumbent shall be
deemed removed from office upon the announcement of the official canvass of
that election, and the office shall be filled as provided by this charter for the
filling of vacancies of elected officials. The successor of any persons so removed
shall hold office during the unexpired term of the person removed. (1979, Prop. 9;
1990, Prop. 14, sec. 1.)
Section 12-1.9. Immunity to Recall.
The question of the removal of any officer shall not be submitted to the
voters until such person has served six (6) months of the term during which the
officer is sought to be recalled, nor, in the case of an officer retained in a recall
election, until one year after that election. (1979, Prop. 9; 1990, Prop. 14, sec. 1.) ]
ARTICLE XII
REMOVAL OF ELECTED OFFICERS
CHAPTER 1
RECALL
Section 12-1. 1 Recall Purpose.
An elected official may be removed from office by the voters of the county
through the recall procedure. The recall procedure shall be in accordance with this
article.
Section 12-1.2. Definitions for the purpose of this article:
“Clerk” means the County Clerk of the County of Hawai‘i.
“Countywide election” means an election in which voters from the entire county
elect a public official.
“Impeachment” means the act of removing of a public official from office for
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alleged misconduct, such as: malfeasance, misfeasance, nonfeasance, or
maladministration in office, as per Section 12-2.1 of this charter.
“Officer or Official” means a person elected either as a district council member
by the qualified voters of that council district, or the mayor or other official who
is elected countywide and voted for by the qualified voters of the entire island.
"Proper notice" means a written notice sent via United States Postal Service with
a return receipt requested, or delivered in person provided both the sender and
receiver sign and date a receipt stating the title of the document and the date
received. In addition to, but not in lieu of, proper notice, fax and email may be
used to expedite the process. The date of receipt will be the date the recipient’s
signature was affixed or five days after the postmarked date, whichever occurs
first.
“Qualified voter” means a person who is registered with the office of elections in
the County of Hawai‘i on the day that the clerk begins the examination to
determine the sufficiency of the signatures on the recall petition.
“Recall” means the procedure and process to remove an elected official from
office for any reason other than impeachment described in this charter in section
Impeachment of Elected Officers.
“Recall election” means an election in which voters have the opportunity to
remove a public official from office.
Section 12-1.3. Recall Petitioners’ Committee.
(a) To recall an elected official there shall be a recall petition and a recall
petitioners’ committee (hereinafter “committee”). Each committee shall be
composed of five members:
(1) In the case where the official to be recalled was elected in a
countywide election, the committee members shall be qualified voters
and residents of the county.
(2) In the case where the official to be recalled was elected in a district
election, the committee members shall be qualified voters and
residents of the district.
(b) The committee shall be the lead group acting to recall an elected official;
(c) There shall be a committee chairperson that will be responsible for
sending and receiving all communications between the clerk and the committee;
(d) The committee shall be responsible for circulation of the recall petition
and for assembling and filing the petition in proper form;
(e) The committee shall have the power to amend or withdraw the petition as
provided in this charter.
Section 12-1.4. Recall petition: design; timelines.
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(a) The clerk shall provide the committee with a sample petition form, and for
a council member being recalled, the clerk shall provide a street map showing all
of the streets and the boundaries of that council district.
(b) Prior to circulating a recall petition, the recall committee shall provide the
clerk with the following written information:
(1) The name and address of each of the five-committee members as
they appear on the general county register, the committee’s
designated chairperson, and the address to which all notices shall
be sent. Each committee member must be a registered voter.
(2) The name of the elected official to be recalled and the office held.
(3) A sample petition form that shall include the name and title of the
elected official to be recalled, the names of the committee
chairperson and members, and an address where notices are to be
sent.
(c) Within two working days of receipt of the written information as
described above, the clerk shall give proper notice to the committee that the
petition form is acceptable and final, (which shall indicate legal approval of the
petition form according to the laws of Hawai‘i County and the State of Hawai‘i)
or shall propose an alternative petition form, with a written explanation why the
recall committee's petition form was unacceptable.
(d) If the committee objects to the alternate petition form, the committee shall
send a proper notice to the clerk of its objections and submit the original or a
revised petition form to the clerk within two working days of receipt of the
alternate petition form. The clerk shall accept the proposed revision as the final
petition form.
(e) At the same time, the clerk shall provide the committee with:
(1) The number of signatures required for a certificate of sufficiency.
(2) A timeline that gives dates at which submissions and specific
actions shall occur.
(f) After all requirements of (a) through (e) of this section are resolved, the
recall committee shall have:
(1) Forty-five calendar days to circulate the initial recall petition for
signatures for district wide elected offices, and
(2) Seventy-five calendar days to circulate the initial recall petition
for signatures for countywide elected offices.
(g) Failure to meet the petition filing deadlines shall nullify the recall petition
process. Nothing shall prevent the recall committee to begin the recall process
again.
Section 12-1.5. Recall petitions: forms; sufficiency.
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(a) Recall petitions shall be governed by the rules regarding form and
sufficiency as set forth in this section consistent with the provisions and with the
spirit and purpose of the charter.
(b) For acceptance of recall petitions, the clerk shall require that:
(1) The recall petitions shall be printed with the five members of the
committee by name and the mailing address where the notices may
be sent.
(2) The recall petitions shall be filed on papers of uniform size and
style and assembled as one instrument.
(3) Each qualified voter signing such recall petitions shall print their
name as their name appears on the general county register for the
County of Hawai‘i, and add their signature, month and day of their
birth date, and the last four digits of their social security number.
All entries shall be validated if the entry is reasonably similar to
the information of the county register
(4) The recall petition contains 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 recall petition
circulators shall not be based on the number of signatures
collected.
(5) Each page of the completed recall petition form shall be numbered
consecutively.
(6) For purposes of certification of a petition demanding the recall of:
A. A person elected in a countywide election, any recall
petition shall be declared sufficient that is signed by
qualified voters of the county equal in number to twenty-
five percent or more of the total number of persons who
voted for the office of the person sought to be recalled in
the last election.
B. A person elected in a council district election, any recall
petition shall be declared sufficient that is signed by
qualified voters of that council district equal in number to
twenty-five percent or more of the total number of persons
who voted for the office of the council member sought to
be recalled in the last election.
(7) Individuals may withdraw their signatures by submitting a written
request to the clerk within fifteen calendar days after the filing of a
recall petition.
Section 12-1.6. Recall Procedure.
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(a) The clerk shall have twenty calendar days to validate signatures on the
initial submission of recall petitions for a countywide election and fifteen calendar
days to validate signatures on the initial submission of recall petitions for a
district election. During these time periods, the committee may continue to gather
signatures.
(b) If the Petition shall be deemed sufficient certified by the clerk, the clerk
shall at once notify the official to be recalled by proper notice to advise that
person of the successful recall petition. (In addition to proper notice, but not in
lieu of, the clerk may hand deliver, email or fax this notice). If the person named
on the recall petition does not voluntarily submit their resignation in writing
within seven calendar days from the mailing date of proper notice, a recall
election will be held.
(1) If the person named on the recall petition declines to resign or is
unavailable to receive proper notice to resign, then the clerk shall:
A. Immediately submit a communication to the council for the
first council meeting at which the communication can be
legally agendized and include the certificate of sufficiency,
the name and office of the elected official to be recalled
and the date of the recall election. The recall election shall
be held not less than thirty-five, but not more than fifty
calendar days after the letter of sufficiency has been
presented to the council or at the same time as any other
special election held within such period.
B. Prepare and include in the above-mentioned
communication the ballot question: “Shall (name of
official) be removed from the office of (name of office, and
district if applicable) by recall?”
C. The clerk shall prepare for a special election by mail by
ordering ballots printed with the name of the person and the
office held by that person to be voted upon for recall, the
above described ballot question, envelopes, and associated
supplies, and any other information and notification
required by law.
(2) If the elected official voluntarily resigns in writing, then the clerk
shall:
A. Immediately submit a communication to the council for the
first council meeting where it can be legally agendized and
include the name and resignation letter of the elected
official who resigned.
B. Vacancies shall be filled per section ____ of this article.
(c) Petition is insufficient.
If the clerk certifies a petition insufficient, the certificate shall show the
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particulars wherein the petition is defective and the clerk shall deliver the
certificate to the recall committee immediately by proper notice, and in addition
to, but not in lieu of proper notice, the clerk may email or fax the information.
(1) If a majority of the recall committee chooses to continue to collect
signatures after the clerk mails a certificate of insufficiency, then
the committee shall have only twenty working days to file a
supplemental petition. The supplemental petition shall be
governed by the same requirements as the original petition. Only
one supplemental petition shall be allowed.
(2) The clerk shall have five calendar days to validate signatures on
the supplemental petition and complete a second certificate as to
the sufficiency of the supplemental petition. Thereafter, the
procedural requirements for the supplemental petition shall be the
same as that for the original petition.
(3) If a majority of the recall committee does not choose to amend a
petition by collecting additional signatures after receiving the
certificate of insufficiency, the clerk shall present the certificate of
insufficiency in a communication to the county council at the first
council meeting where it can be legally agendized.
(4) The final certificate of insufficiency or the refusal of the committee
to gather additional signatures cancels that recall petition process
and the official sought to be recall may stay in office.
Section 12-1.7. Recall Election; clerk’s duties.
The clerk’s duties for a recall election include, but are not limited to:
(a) Preparing the ballot question for a recall election, which will state the
question: “Shall (name of official) be removed from the office of (name of office,
and the correct district number if the recall election is for a district) by recall?”
[e.g., Mayor John Doe or John Doe, Council Member – District X, etc.]
(b) Printing the ballots, envelopes, voter’s instructions, and any supplemental
information necessary to run the election. The return envelope shall state: “If you
mail this envelope and ballot through the U.S. Postal Service, it is required that it
be postmarked no later than (state the date that is three days before the election
date). This envelope with its ballot must be received by (insert the election date)
in a county office of elections facility or the ballot shall be invalid.”
(c) Mailing a ballot to each registered voter qualified to vote in the election.
All ballots shall be mailed on the same day.
(d) On the same day the ballots are mailed, the clerk shall publish notice of
the recall election, which shall include the name of the person being recalled, the
office held and the date that the ballots must be postmarked by the US Post Office
and the location where the ballots may be hand delivered and the date by which
hand delivered ballots must be submitted. This notice shall be printed in the
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edition of two Hawai‘i Island daily newspapers with the largest circulation on the
same day that the ballots are mailed and on the Sunday preceding the recall
election.
(e) For the elections office to certify the election as valid:
(1) The total number of votes cast in the recall election shall be no less
than fifty (50) percent of the total number of persons who voted
(not the specific voters who voted) in the last election for the office
of the official sought to be recalled; and
(2) A minimum of fifty percent (50%) +1 vote of the total votes cast
shall be required to vote “Yes” in that recall election in order to
recall the elected official.
(f) The clerk shall publish the results of the election within five calendar days of
the election date, in the same two papers that the original recall election notice
was published.
(g) The incumbent, if not recalled in such election, shall continue in office for the
remainder of the unexpired term subject to the recall as before, except as provided
in this charter.
(h) If recalled in the recall election, the incumbent shall be deemed removed from
office upon the announcement of the official certification of that election, but no
later than five calendar days from the election.
Section 12-1.8. Vacancies resulting from a Successful Recall Election:
(a) A vacancy in an elected office for less than 6 months will be filled by:
(1) A vacancy in the county council shall be filled by the council
appointing a successor by majority vote. Applicants shall file
nomination papers with the county clerk within fifteen calendar
days of the date that the vacancy occurred. The county clerk shall
provide copies of the applications to the council at the first council
meeting where it can be legally agendized and provide public
notice of all candidates for the office in two newspapers of general
circulation in the county seven calendar days prior to the date of
the council meeting. The county clerk shall provide a resolution to
the council with a blank space for the inclusion of the chosen
applicant after the council vote has been taken.
(2) A vacancy in the office of the Mayor shall be filled by the
Managing Director.
(3) A vacancy in the office of the prosecuting attorney shall be filled
by the First Deputy.
(b) If the remainder of the term is greater than 6 months, there shall be a
special election by mail within forty-five days that the vacancy occurred.
Individuals wanting to serve the remainder of the term shall meet all
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requirements for that office and shall file the required nomination papers
with the county clerk.
(c) If the successor serves more than one-half of the term, that portion shall be
counted as a full term toward the term limits
Section 12-1.9. Immunity to Recall.
The question of the removal of any official shall not be submitted to the
voters until such person has served six months or more of the term during which
the official is sought to be recalled, nor in the case of an official retained in a
recall election until six months after that election.”
Section 2. This amendment shall take effect upon approval by the electorate.
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