HomeMy WebLinkAboutCA-0008 Draft 2 - Section 3-2 - Composition and Terms of Council Member - formattedCHARTER AMENDMENT NO. CA -8, DRAFT 2
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 [€etre] 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.
fd) 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.
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