Councilman challenging term limits
By Kevin Dayton
Advertiser Big Island Bureau
HILO, Hawai'i — A provision in the Hawai'i County Charter that limits council members to four consecutive two-year terms is invalid, says a lawyer representing council chairman James Arakaki, whose re-election bid is being challenged in court.
Brian De Lima, representing Arakaki, argued in Hilo Circuit Court yesterday that the amendment approved by voters in 1996 is flawed because it failed to specify the date the amendment took effect. De Lima said the charter requires that amendments include an effective date.
Arakaki
Arakaki is being sued by Ole Fulks, his only opponent in the nonpartisan council election, and by Big Island residents Edward Clark and Matthew Binder.
The three say the term-limit provision bars Arakaki from seeking another term on the council. They are asking Judge Glenn Hara to rule that Arakaki is not a valid candidate.
Arakaki is seeking his eighth consecutive term on the council. He says the four-term limit applies only to elections after 1996, when voters approved the term limits, and he is eligible to run for one more term.
Big Island Corporation Counsel Lincoln Ashida and County Clerk Al Konishi issued opinions agreeing with Arakaki's position. Hara scheduled another hearing for Sept. 3.
Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.
