Loading...
HomeMy WebLinkAboutComm No 0023.02 - Proposed Amendment - CA-8 - Terms of Office for Council MembersDouglass Shipman Adams Chairperson Jennifer Leilani Zelko-Schlueter Vice Chairperson 2018-2020 HAWAII 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 Date: January 24, 2019 To: Members of the Hawai`i County Charter Commission From: Douglass Shipman Adams, Chair Hawai`i County Charter Commission RE: Proposed Amendments to CA -8; Proposed Amendment to Section 3-2 — Relating to Terms of Office for Council Members; Submitted by Commissioner Rice Please see below proposed amendments to CA -8, as submitted by Commissioner Rice. Material to be deleted is bracketed and stricken; material to be added is underscored. A draft of CA -8, as amended, is attached for illustrative purposes. 1. CA -8 is amended by adding a new Section 2 to read as follows: "Section 2. Article XVI of the Hawai`i County Charter (2018 Edition) is amended by adding a new section to be appropriately designated and to read as follows: "Section 16 . Transitional Provisions for Change to Four Year Council Terms; Effect on Incumbent Council Members. (a) The transition to four-year council terms, with a term limit of two consecutive four-year terms, shall commence at twelve o'clock meridian on December 5, 2022. (b) A council member elected in the 2014, 2016, 2018, and 2020 first special elections or second special elections shall not be eligible for reelection in 2022. (c) A council member elected in the 2016, 2018, and 2020 first special elections or second special elections who is reelected in either the first special election or second special election of 2022 shall serve for two years and shall not be eligible for reelection in 2024. An election for the affected council district seat shall be called in 2024, and the person duly elected shall serve a four-year term, pursuant to Section 3-2 of this Charter. (d) A council member elected in the 2018 and 2020 first special elections or second special elections who is reelected in either the first special election or second special election of 2022 shall serve for four years and shall not be eligible for reelection in 2026. Hawai`i County is an Equal Opportunity Provider and Employer Comm. No. 23.2 (e) A council member elected in either the first special election or second special election in 2020 who is reelected in either the first special election or second special election of 2022 shall serve for four years and shall be eligible for reelection in 2026. If the incumbent council member is reelected in 2026, the council member shall serve for two years and shall not be eligible for reelection in 2028. An election for the affected council district seat shall be called in 2028, and the person duly elected shall serve a four-year term, pursuant to Section 3-2 of this Charter." 2. CA -8 is amended by renumbering Sections 2-5 per the addition of a new Section 2. 3. CA -8 is amended by amending renumbered Section 5 to read as follows: "Section 6. This amendment shall take effect [upon approval by the electorate.] at twelve o'clock meridian on December 5, 2022, and thus apply to terms of office for council members elected in the 2022 first special election or the 2022 second special election." Should you have any questions, please contact our Commission Analyst, Jon Henricks. DSA/jdh BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII: Section 1. Article III, Section 3-2, of the Hawai`i County Charter (2018 Edition), is amended to read as follows: "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] four 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 [few] two consecutive [two] four year terms. Candidates shall be elected in accordance with the election laws of the state, insofar as applicable." Section 2. Article XVI of the Hawai`i County Charter (2018 Edition) is amended by adding a new section to be appropriately designated and to read as follows: "Section 16 . Transitional Provisions for Change to Four Year Council Terms; Effect on Incumbent Council Members. (a) The transition to four-year council terms, with a term limit of two consecutive four-year terms, shall commence at twelve o'clock meridian on December 5, 2022. fb) A council member elected in the 2014, 2016, 2018, and 2020 first special elections or second special elections shall not be eligible for reelection in 2022. (c) A council member elected in the 2016, 2018, and 2020 first special elections or second special elections who is reelected in either the first special election or second special election of 2022 shall serve for two years and shall not be eligible for reelection in 2024. An election for the affected council district seat shall be called in 2024, and the person duly elected shall serve a four-year term, pursuant to Section 3-2 of this Charter. (d) A council member elected in the 2018 and 2020 first special elections or second special elections who is reelected in either the first special election or second special election of 2022 shall serve for four years and shall not be eligible for reelection in 2026. (e) A council member elected in either the first special election or second special election in 2020 who is reelected in either the first special election or second special election of 2022 shall serve for four years and shall be eligible for reelection in 2026. If the incumbent council member is reelected in 2026, the council member shall serve for two years and shall not be eligible for reelection in 2028. An election for the affected council district seat shall be called in 2028, and the person duly elected shall serve a four-year term, pursuant to Section 3-2 of this Charter. 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. 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 at twelve o'clock meridian on December 5, 2022, and thus apply to terms of office for council members elected in the 2022 first special election or the 2022 second special election.