09-26-2016, 05:13 AM
quote:
Originally posted by Petard
RJ should know that the Charter doesn't assign the council any role in impeachment or recall of the mayor. It's nothing like the process in the US Constitution. The people elected him and only the people can remove him. Efforts to gather those signatures in accord with the Charter (Article XII, go look it up) were unsuccessful. Margaret's resolutions would not have accomplished anything, legally speaking. Council only had the information that was reported in the press. We will know a lot more soon.
Section 5-1.6. Removal of Mayor.
The mayor may be removed by impeachment or recall proceedings as provided by this
charter.
(1979, Prop. 9.)
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.
In looking at these sections of the Hawaii County Charter it says impeachment or recall. As a novice this is where I got confused. The “or” led me to believe that there are two avenues for removal of the Mayor. There are, impeachment or recall. These are two different actions and yet they both require the collecting of signatures from a percentage of registered voters. Impeachment is a legal process which involves the circuit court accompanied by a complaint from 2% of the registered voters and recall is a political process which involves the County Council and a complaint from 25% of the registered voters. After seeing the lack of support for Margaret Willie's idea for pursuing impeachment I now settle back in quiet resignation and sing that old Doris Day song, Que Sera Sera - Whatever will be, will be. So your right, Petard, I should have known the difference and now I do. Mahalo for the correction, my bad. You learn something everyday.