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



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



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



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



(c)  All appointments made by the board or the
governor under this section shall be made without consideration of the
appointee'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 by
forfeiture of office.  Att. Gen. Op. 84-3.