HomeMy WebLinkAboutComm No 0002.01 - Section 3-2 Hawaii County Charter Composition and Terms of Council MembersDouglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: August 27, 2018
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Douglass Shipman Adams, Chair
and Members of the Hawai`i County Charter Commission
F di .n Henricks, Commission Analyst
Iawai`1 County Charter Commission
RE:
William Carthage Bergin
Michelle Galimba
Paul K. Hamano
Kevin D. Hopkins
Bobby Jean Akane Leithead Todd
Sarah H. Rice
Christopher John lmiloa Roehrig
Marcia A.K. Saquing
Donna Mae Springer
Section 3-2 of the Hawai`i County Charter; Composition and Terms of Council
Members
QUESTION
How has Section 3-2 of the Hawai`i County Charter, which provides for the composition
and terms of the Council and its members, been amended since its establishment in the
Charter?
DISCUSSION
Inception:
The County Charter, which took effect on January 2, 1969, included Section 3-2, which
read as follows:
"Section 3-2. Composition and Terms. There shall be a county council
composed of nine members who shall be elected at -large for terms of four
years. The terms of councilmen shall begin at twelve o' clock meridian on
the first Monday of December after their election. Of the nine members
elected to the county council, one shall be a resident of the district of
Puna, one a resident of the district of Kau, one a resident of the combined
districts of North and South Kona, one a resident of the combined districts
of North and South Kohala, one a resident of the district of Hamakua, and
one a resident of the combined districts of North and South Hilo. The
person charged with the duty of conducting elections in the county shall
prepare the nomination papers in such a manner that candidates desiring to
Comm. No. 2.1
Page 2 of 5
file for the office of councilman shall be able to specify whether they are
seeking the seat with a district residence requirement or the seat with no
district residence requirement as the case may be. The ballots for the
primary and general elections shall be prepared to give every voter in the
county the opportunity to vote for each and every council seat. Candidates
shall be nominated and elected in accordance with the election laws of the
state,"
At its inception, Section 3-2 provided for a nine -member County Council with six seats
having geographical residency requirements and the remaining three seats without any
such residency requirements. The elections for these seats were partisan with true
primary and general elections. All voters could vote for all of the nine seats to be filled;
i.e. all candidates were "elected at -large". Those elected served for four years, with no
term limitations.
Amendment No. 1:
• Single -member council districts
• Term reduction (four to two years)
• Reapportionment Commission established
Section 3-2 was first amended at the General Election on November 6, 1990, via
Proposition 1, as offered by the Charter Commission. Proposition 1 provided for single -
member council districts and reduced the council term from four to two years. The
amendments are illustrated below in Ramseyer format (material that was repealed is
bracketed and stricken; material that was added is underscored):
"Section 3- 2. Composition and Terms. There shall be a county
council composed of nine members [who shall be elected at lar-ge for
terms of four years.] . One member shall be elected from each of nine
districts. The terms of [councilmen] the council members shall be two
years and shall begin at twelve o' clock meridian on the first Monday of
December after their election. [Of the nine members elected to the county
council, one shall be a resident of the district of Puna, one a resident of the
district of Kau, one a resident of the combined districts of North and
South Kona, one a resident of the combined districts of North and South
Kohala, one a resident of the district of Hamakua, and one a resident of the
combined districts of North and South Hilo. The person charged with the
duty of conducting elections in the county shall prepare the nomination
papers in such a manner that candidates desiring to file for the office of
councilman shall be able to specify whether they are seeking the seat with
a district residence requirement or the seat with no district residence
requirement as the case may be. The ballots for the primary and general
elections shall be prepared to give every voter in the county the
Candidates shall be
nominated and elected in accordance with the election laws of the state."
Page 3 of 5
Proposition 1 also created a new Section 3-18, titled "Reapportionment Commission"
(currently titled Redistricting Commission), which provided for the establishment of
council districts, as made necessary pursuant to the transition away from "at -large"
council seats,
Additionally, in order to accommodate the change from at -large seats and council terms
being reduced from four to two years, the following provision was included as part of
Proposition 1:
SECTION 5. This amendment shall take effect upon its
approval by the voters. The members of the county council at the
time of the approval of this amendment shall serve out their gull
terms. The county council to be elected at the regularly
scheduled election in 1992 shall be the first to be elected from
the nine districts as established by the reapportionment commission.
In summary, the partisan election method was retained, whereby true primary and general
elections were required to fill each council seat. Term limits were still not in play. The
significant change was the move from four to two-year terms and the creation of nine
council districts, which in part removed the option for voters to vote for all council
candidates, regardless of the geographical area that candidate was to serve.
As amended, Section 3-2 read:
"Section 3- 2. Composition and Terms. There shall be a county
council composed of nine members. One member shall be elected from
each of nine districts. The terms of the council members shall be two years
and shall begin at twelve o' clock meridian on the first Monday of
December after their election. Candidates shall be nominated and elected
in accordance with the election laws of the state."
Amendment No. 2:
• Term limit
Section 3-2 was next amended at the General Election on November 5, 1996, via the
contents of Ordinance No. 95-20, as offered by the County Council. Ordinance No. 95-20
limited the number of consecutive terms for council members, The amendments are
illustrated below in Ramseyer format (material that was added is underscored):
Page 4 of 5
"Section 3- 2. Composition and Terms. There shall be a county
council composed of nine members. One member shall be elected from
each of nine districts. The terms of the council members shall be two years
and shall begin at twelve o' clock meridian on the first Monday of
December after their election. The terms of the council members shall not
exceed four consecutive two year terms. Candidates shall be nominated
and elected in accordance with the election laws of the state."
Ordinance No. 95-20 very simply applied a "term limit" to council seats. No other
changes occurred as a result of its approval by the electorate.
As amended, Section 3-2 read:
"Section 3- 2. Composition and Terms. There shall be a county
council composed of nine members. One member shall be elected from
each of nine districts. The terms of the council members shall be two years
and shall begin at twelve 0' clock meridian on the first Monday of
December after their election. The terms of the council members shall not
exceed four consecutive two year terms. Candidates shall be nominated
and elected in accordance with the election laws of the state."
Amendment No. 3
• Nonpartisan elections
Section 3-2 was next amended at the General Election on November 7, 2000, via
Proposition 1, as offered by the Charter Commission. Proposition 1 established
nonpartisan elections. The amendments are illustrated below in Ramseyer format
(material that was repealed is bracketed and stricken; material that was added is
underscored):
"Section 3.2. Composition and Terms. There shall be a county
council composed of nine members. One member shall be elected from
each of nine districts. The terms of the council members shall be two years
and shall begin at twelve o' clock meridian on the first Monday of
December after their election. The terms of the council members shall not
exceed four consecutive two year terms. Candidates shall be [nen d
and] elected in accordance with the election laws of the state[.I, insofar as
applicable."
Proposition 1 included amendments to Section 13-27 of the Hawai` i County Charter that,
in concert with amendments to Section 3-2, Section 5-1.1, and Section 9-1, created
"nonpartisan" elections for all elected officials of the County: Council Members, the
Mayor, and the Prosecuting Attorney.
Page 5 of 5
As amended, Section 3-2 currently reads:
"Section 3- 2. Composition and Terms. There shall be a county
council composed of nine members. One member shall be elected from
each of nine districts. The terms of the council members shall be two years
and shall begin at twelve o' clock meridian on the first Monday of
December after their election. The terms of the council members shall not
exceed four consecutive two year terms. Candidates shall be elected in
accordance with the election laws of the state, insofar as applicable."
CLOSING
Section 3-2 has not been amended since the 2000 General Election; no proposals from the
County Council, the 2010 Charter Commission, or by petition have been placed on the
ballot for consideration by the electorate.
Thank you for the opportunity to review the history of Hawai`i County Charter
Section 3-2. Please feel free to contact me should you have any questions.
JDH