§17-7  Board of trustees, office of Hawaiianaffairs.  (a)  Whenever any vacancy in the membership of the board oftrustees occurs, the term of which ends at the next succeeding special electionheld in conjunction with the general election, the vacancy shall be filled by atwo-thirds vote of the remaining members of the board.  If the board fails tofill the vacancy within sixty days after it occurs, the governor shall fill thevacancy within ninety days after the vacancy occurs.  When island residency isrequired under section 13D-1, the person so appointed shall reside on theisland from which the vacancy occurred, and shall serve for the duration of theunexpired term.

(b)  In the case of a vacancy, the term ofwhich does not end at the next succeeding special election held in conjunctionwith the general election:

(1)  If it occurs not later than on the sixtieth dayprior to the next succeeding special election held in conjunction with thegeneral election, the vacancy shall be filled for the unexpired term at thenext succeeding special election held in conjunction with the generalelection.  The chief election officer shall issue a proclamation designatingthe election for filling the vacancy.  All candidates for the unexpired termshall file nomination papers not later than 4:30 p.m. on the fiftieth day priorto the special election (but if such day is a Saturday, Sunday, or holiday thennot later than 4:30 p.m. on the first working day immediately preceding) andshall be elected in accordance with this title.  Pending the election, theboard or the governor shall make a temporary appointment to fill the vacancy inthe manner prescribed under subsection (a).  When island residency is requiredunder section 13D-1, the person so appointed shall reside on the island fromwhich the vacancy occurred, and shall serve for the duration of the unexpiredterm and shall serve until the election of the person duly elected to fill suchvacancy.

(2)  If it occurs after the sixtieth day prior to thenext succeeding special election held in conjunction with the general election,the board or the governor shall make an appointment to fill the vacancy in themanner prescribed under subsection (a).  When island residency is requiredunder section 13D-1, the person so appointed shall reside on the island fromwhich the vacancy occurred, and shall serve for the duration of the unexpiredterm.

(c)  All appointments made by the board or thegovernor under this section shall be made without consideration of theappointee's party preference or nonpartisanship. [L 1979, c 196, §9; am L 1980,c 247, §4; am L 1990, c 35, §4]

 

Attorney General Opinions

 

  Board required to fill vacant trustee's position created byforfeiture of office.  Att. Gen. Op. 84-3.