Dejetley v. Kaho'ohalahala

Opinion of the Court by

ACOBA, J.

We hold that 1) the plain language and construction of § 3-3 of the Charter of the County of Maui (CCM) requires a mandatory and immediate forfeiture of office should a council member violate the § 3-3 residency requirement and that such forfeiture automatically results in an immediate vacancy of that office; 2) impeachment under § 13-13 of the CCM and recall under § 12-1, et seq. of the CCM are not remedies for a violation of § 3-3, as those provisions cannot effect the immediacy and vacancy requirements of § 3-3; 3) declaratory judgment may be a possible…