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The Honolulu Advertiser
Posted on: Tuesday, June 24, 2008

Kauai council in no rush to select mayor

 •  Baptiste's death stuns community
 •  Last Isle mayoral vacancy was in 1990
 •  Baptiste's death a rare risk

By Christie Wilson
Advertiser Neighbor Island Editor

Hawaii news photo - The Honolulu Advertiser
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COUNTY SPECIFICS

Charter provisions for filling mayoral vacancies.

Honolulu City & County

If the unexpired term is for less than one year, the council shall, by a majority vote of its members, select one of its members to be mayor for the unexpired term.

If the unexpired term is for one year or more, the vacancy shall be filled by a special election to be called by the council within 10 days and to be held within 60 days after the occurrence of the vacancy.

If any special or general election is to be held after 30 days and within 180 days after the occurrence of the vacancy, then the election is to be held in conjunction with such other election.

The managing director shall act as mayor until a new mayor is selected or elected.

Hawai'i County

If the vacancy occurs after the filing deadline for the next regularly scheduled primary election, the managing director shall serve the entire unexpired term.

If the vacancy occurs before the filing deadline for the next regularly scheduled primary election in the middle of the mayoral term, the council shall immediately issue an election proclamation announcing that a successor will be elected and the date for the closing of nomination papers, which shall be 10 days after the issuance of the election proclamation, or the filing deadline for the primary election, whichever comes later.

The managing director shall act as mayor until a new mayor is elected.

Maui County

If the unexpired term is less than one year, the managing director shall act as mayor.

If the unexpired term is one year or more, the vacancy shall be filled by a special election to be called by the council within 30 days and held within 90 days after the occurrence of the vacancy. In the event no candidate receives at least a majority of votes cast, then a runoff election with the top two vote-getters is to be held within 45 days of the first election.

If any special or general election is to be held in the county after 30 days and within 180 days after the occurrence of the vacancy, then the election shall be held in conjunction with such other election.

The managing director shall act as mayor until a new mayor is elected.

Kaua'i County

The council shall select, by majority vote, one of its members as mayor to serve until the next general election when a new mayor is elected.

In the event the vacancy occurs prior to the midterm election, the person elected mayor in the general election shall serve the unexpired term. If the vacancy occurs later than three days prior to the closing date for filing of nomination papers for the mid-term election, the mayor selected by the council shall continue to serve for the remainder of the unexpired term.

The administrative assistant shall act as mayor until a new mayor is appointed or elected.

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Kaua'i County officials are trying to figure out how to fill the vacancy left by the death of Mayor Bryan Baptiste while assuring residents that county operations will not be disrupted.

Baptiste, 52, died Sunday at his home in Kapa'a, a day after returning from The Queen's Medical Center in Honolulu, where he underwent heart bypass surgery June 13.

Baptiste's administrative assistant, Gary Heu, already was serving as acting mayor and will continue in that position until the seven-member County Council picks one of its own to serve as mayor until a special election is held.

County Clerk Peter Nakamura, who serves as the county's chief elections officer, said in a statement yesterday that he is researching the issues regarding the holding of an election for the mayor's office.

Baptiste was elected to a second four-year term in 2006, with the next regularly scheduled mayoral election not due until 2010.

Under Kaua'i's charter, in the event of a mayoral vacancy, the council is empowered to select, by majority vote, one of its members as mayor to serve until the next general election, when a new mayor is elected to serve the unexpired term.

Unlike the charters for Ho-nolulu, Hawai'i and Maui counties, the Kaua'i charter does not provide a timetable for the election or filing of candidate nomination papers.

Council members have not met formally on the issue of selecting an interim mayor, and county officials are discussing how and when an election would take place, Nakamura said.

"We know what the charter says. Now it's a matter of implementing it," he said.

Administrative and legislative leaders met yesterday to discuss county operations and an orderly succession.

"It is important that the community understand that county government is continuing to function despite our loss," Council Chairman Bill "Kaipo" Asing said in a statement.

Heu, Nakamura and Asing did not return phone calls from The Advertiser yesterday seeking additional comment.

Council members interviewed by The Advertiser said they see no need to hurry a decision on picking an interim mayor and want to make sure the public is properly notified of any council discussions on the matter.

They also expressed a desire to make sure Baptiste is properly mourned and honored for his public service before politics resumes.

"I've been getting calls all day," said Councilman Mel Rapozo, who is vacationing in California. "I'm saying everybody should take a break, take a breath of air and respect the mayor and the family at the time of grieving. The county will run."

Councilwoman JoAnn Yukimura, the top vote-getter in the 2006 council election, said Heu is a capable administrator and she cautioned against rushing "into quick decisions."

"I don't want to get into that now. ... I'd like to give some time to honor the mayor," said Yukimura, who served as mayor from 1988 to 1994.

POSSIBLE LEADS

Despite the hesitation, Asing already appears to be a front-runner, with Rapozo and Councilwoman Shaylene Iseri-Carvalho seeming to provide endorsements yesterday while leaving the door open to their own chances for assuming the top executive post now or later.

"He has the most experience, and he is one of the more level-headed council members," Rapozo said. "I would hope that he does have an interest. If he doesn't, I definitely have an interest."

Iseri-Carvalho, who is leaving the council after two terms to run for county prosecutor, called Asing a "great leader" with vast experience and a collaborative management style.

"I'm for seniority, and he has the leadership skills and experience as chairman for the past two terms. Kaipo is extremely qualified to be the mayor," she said.

Iseri-Carvalho said she doesn't want the interim mayor to assume the role of simple caretaker, someone to keep the county running until new leadership is elected.

"We have such important legislation going through, such as real property tax reform and the four (agriculture) bills proposed by the mayor. What I would hate to see is that there won't be some kind of continuity until the end of (Baptiste's) term. I would want to see someone who is immediately ready to step up to the plate to get legislation pushed through not only for the next few months but through 2010," she said.

ISSUES AT HAND

Councilman Tim Bynum said he didn't want to speculate on whom the council might select, although as the newest council member, Bynum doubts it will be him. He said the interim mayor should not make any significant changes but prepare the county for an orderly transition to a new administration.

"We will have a mayoral election this year, and with only five and a half months before then, I would hope whoever is selected would respect the mayor's agenda for at least that period of time and respect the need for continuity," Bynum said.

Also serving on the council are Jay Furfaro and Ron Kouchi, who could not be contacted yesterday for comment. Kouchi lost to Baptiste in the 2002 mayoral election.

One issue for the council to consider is whether to select an interim mayor who is planning to run in the special election or in 2010. There is some concern that such a candidate would enjoy an unfair advantage as the incumbent.

Rapozo said it would be a "dilemma" for anyone on the council who served as temporary mayor whether they then would run in November for a council seat or for mayor.

Kaua'i Republican Party interim chairman Ron Agor of Lihu'e said the council should select a council member who does not plan to run for mayor.

"I hope the Kaua'i council looks at the fairest way to handle the selection of an interim mayor," he said.

TOO EARLY TO SAY

Agor, who accompanied Baptiste and his family when they returned from Honolulu to Kaua'i on Saturday, said he has received a number of calls from fellow GOP members about possible candidates for the special election.

He said it is too early to speculate about candidates during "this early healing time."

Sandra Wright of Kilauea, one of four Kaua'i representatives to the Democratic Party's state central committee, said there already was great interest in the 2010 mayoral election, since Baptiste would not have been able to run because of term limits.

"Certainly politics turns most of the time, and Kaua'i is no exception. We are certainly looking for new candidates, and there certainly is a lot of discussion about what's going to occur (in 2010). Kaua'i is highly political, and there is a lot of interest in that position," she said.

However, Wright said it is too soon to discuss potential candidates for the special election.

Acting Mayor Heu previously served in that capacity on numerous occasions when Baptiste was off-island. He said yesterday he is holding daily meetings with department heads to ensure county operations are not disrupted.

"The bottom line is that we have a group of good and very capable department heads, and in working with the council, we are committed to providing for the health, safety and well-being of this community," Heu said in a statement.

He left his job as Kaua'i island manager for Verizon Hawaii in November 2002 to become Baptiste's administrative assistant, essentially the deputy mayor.

Heu is a graduate of Kamehameha Schools and the University of Colorado-Boulder. He earned bachelor's degrees in psychology and therapeutic recreation, and served on the Kaua'i Planning Commission and the board of the Kaua'i Community College Fund.

Staff writer Diana Leone contributed to this report. Reach Christie Wilson at cwilson @honoluluadvertiser.com or 808-244-4880.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.