HomeMy WebLinkAboutComm No 0023.05 - Transmit CA-8 Draft 2Douglass Shipman Adams
Chairperson
Jennifer Leilani Zelko-Schlueter
Vice Chairperson
Date: February 11, 2019
2018-2020
HAWAII COUNTY
CHARTER COMMISSION
To: Members of the Hawai`i County Charter Commission
From: Douglass Shipman Adams, Chair
Hawai`i 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
RE: Transmitting CA -8, Draft 2; Proposed Amendment to Section 3-2 — Relating to
Terms of Office for Council Members; Submitted by Commissioner Rice
Please find attached CA -8, Draft 2, which passed First Reading on February 8, 2019, and
will be heard on Second and Final Reading after the conclusion of the public hearings.
CA -8 was amended with the contents of Communication No. 23.2 prior to the
Commission voting to pass it on First Reading.
Should you have any questions, please contact our Commission Analyst, Jon Henricks.
DSA/jdh
Hawai`i County is an Equal Opportunity Provider and Employer
Comm. No. 23.5
CHARTER 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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